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HomeMy WebLinkAboutAgenda Packet City Council - 09/08/2020 o',A-)5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, September 8,2020 11:30 AM Council Chambers 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 City of Corpus Christi Page 1 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 G. MINUTES: 1. 20-1067 Regular Meeting of August 25, 2020 and Workshop Sessions of August 13, 2020, August 20, 2020 and August 27, 2020. H. BOARD &COMMITTEE APPOINTMENTS: 2. 20-1070 Building Standards Board (5 vacancies) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 29) Consent-Second Reading Ordinances 3. 20-0906 Ordinance annexing approximately 385 acres of land at or near the intersection of FM 43 and CR 33 into the territorial limits of the City of Corpus Christi. sponsors: Planning & Environmental Services 4. 20-0913 Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District. (Planning Commission Recommendation: Approval of the "CG-2" General Commercial District and "CN-1" Neighborhood Commercial District; Staff Recommendation: Approval of the "CG-2" General Commercial District, denial of the "CN-1" Neighborhood Commercial District and, in lieu, approval of the "ON" Neighborhood Office District. sponsors: Development Services 5. 20-0912 Zoning Case No. 0620-02, One Rail Group, LLC. (District 3). Ordinance rezoning property at or near 501 Heinsohn Road from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District. Planning Commission and Staff recommend Approval. sponsors: Development Services 6. 20-1020 Ordinance awarding two construction contracts to Haas-Anderson Construction, Ltd., Corpus Christi, Texas for the mill and overlay of Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of$4,399,728.35 and amending the FY 2020 Operating and Capital Budget to include Ocean Drive from Louisiana Avenue to Robert Drive and Ocean Drive from Robert Drive to Ennis Joslin Road projects; appropriating $4,554,601.20 from the unreserved fund balance of the City of Corpus Christi Page 2 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 General Fund, located in Council District 4, with funding available from the 2012 and 2014 Street Bond Program, and the FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. Sponsors: Engineering Services, Contracts and Procurement and Public Works/Street Department 7. 20-0856 Ordinance authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three-month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25; appropriating funds from the unreserved fund balance of the Community Enrichment Fund; and amending the budget. Sponsors: Parks and Recreation Department and Contracts and Procurement Consent- Contracts and Procurement 8. 20-0929 Motion authorizing the purchase and replacement of 10 Binocular Night Vision Device Systems and Onsite Training services with Land and Groove LLC, Spicewood, TX, for a total amount not to exceed $114,990.00, for the Corpus Christi Police Department, with funding available from the Homeland Security Grant Program - State Homeland Security Program - Law Enforcement Terrorism Prevention Activities Grant. Sponsors: Police Department and Contracts and Procurement 9. 20-0687 Motion authorizing a three-year service agreement with Insignia Design Solutions LLC, for a total amount not to exceed $150,000.00, to provide decal services for City vehicles, effective upon issuance of notice to proceed, with FY 2021 funding available in the Fleet Maintenance Services Fund. Sponsors: Asset Management Department and Contracts and Procurement 10. 20-0731 Motion authorizing a three-month service agreement with ShadePro, LLC in an amount not to exceed $58,832.00 for the purchase of parking lot shade structures for Asset Management, with FY 2020 funding available through the Fleet Maintenance Services Fund. Sponsors: Asset Management Department and Contracts and Procurement 11. 20-0784 Motion authorizing the replacement purchase of five Freightliner trucks, one 6 to 8 yard dump truck, one combination sewer truck, and three crew trucks with service bodies, from Houston Freightliner, Inc., in an amount of $956,409.00, for the Utilities Department, effective upon issuance of letter of acceptance with FY 2020 funding available through the Fleet Fund in the amount of$956,409.00. Sponsors: Utilities Department and Contracts and Procurement City of Corpus Christi Page 3 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 12. 20-0800 Motion authorizing a replacement purchase of two forklifts: one 2020 Hyster Fortis H60FT lift truck and one 2020 Hyster W40ZA straddle stacker from Briggs Equipment, Inc., in an amount of$58,540.76, for the Utilities Department, effective upon issuance of letter of acceptance with funding available through the FY 2020 Water Fund. Sponsors: Utilities Department and Contracts and Procurement 13. 20-0818 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC in an amount not to exceed $140,575.30 to purchase retainers, restraints, gaskets, and related supplies, in various sizes for the City Warehouse as a central distribution, with funding in FY 2020 in an amount of$8,000.00 available through the Stores Fund. Sponsors: Contracts and Procurement 14. 20-0885 Motion authorizing the purchase of one new cold planer from HOLT Texas, Ltd., dba HOLT CAT, from Corpus Christi Texas, for a total amount of $410,886.29, which will be utilized to remove deteriorated asphalt in preparation of new pavement surfaces by Public Works, with FY 2020 funding in an amount of$410,886.29 available from the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 15. 20-0887 Motion authorizing the purchase of one replacement 2021 Freightliner combination sewerjet/vacuum truck, from Freightliner, Inc. from Houston, TX for a total amount of$410,283.00, to be utilized to repair storm water drains throughout the City for Public Works, with FY 2020 funding available from the Fleet Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 16. 20-0927 Motion authorizing the purchase of seven tractor trucks from Lonestar Freightliner Group, LLC, Waco, Texas for a total amount of$967,505.00, which will be utilized to pull live bottom asphalt trailers and end dump trailers that haul materials to and from work sites on Public Works projects, with FY 2020 funding available from the Streets, Stormwater and Fleet Maintenance Funds. Sponsors: Public Works/Street Department and Contracts and Procurement 17. 20-0970 Motion authorizing the purchase of five replacement live bottom trailers from Cooper Equipment Co., from San Antonio, Texas for a total amount of $405,790.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2020 funding available through the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 18. 20-1018 Motion authorizing a lease-purchase for the addition of two street sweepers from TYMCO, Inc. from Waco, Texas in an amount of $624,973.32 to be utilized as part of the Mill and Overlay/Base Pavement repair projects by Public Works as additions to the fleet in support of the City's street maintenance with funding requested in the FY 2021 Proposed City of Corpus Christi Page 4 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 Budget through the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 19. 20-0877 Motion authorizing an 18-month service agreement with Halff Associates, Inc. of Richardson, Texas for a total amount not to exceed $273,789.00 for the development of the 10-Year Parks and Recreation Master Plan, with FY 2020 funding available from the Community Enrichment Fund and General Fund. Sponsors: Parks and Recreation Department and Contracts and Procurement 20. 20-1013 Motion authorizing a five-year service agreement with Advance Stores Company, Inc., dba Advance Auto Parts, for an amount not to exceed $275,000.00 for the purchase of automotive parts for the Corpus Christi International Airport, with FY 2020 funding in an estimated amount of $5,000.00 available through the Airport Fund. Sponsors: Aviation Department and Contracts and Procurement 21. 20-0951 Motion authorizing the purchase of laptops, monitors, and accessories from Dell Marketing LP in the amount of$84,134.00 for Nueces County employees working at the Health District, with FY 2020 funding in the amount of$84,134.00 available from Nueces County's FY 2020 operating budget for the Health District. Sponsors: Information Technology Services, Health Department and Contracts and Procurement Consent- Capital Projects General Consent Items 22. 20-0898 Motion authorizing Amendment No. 1 to the End User License Agreement in an amount not to exceed $57,675.00, for the addition of hosting services to the existing WebEOC Managed Hosting and Hybrid Installation Master Service Agreement with ESI Acquisition, Inc., of Augusta, Georgia, with FY 2020 funding in the Information Technology and Fire Grants in the amount of$49,040.00. Sponsors: Information Technology Services, Fire Department and Contracts and Procurement 23. 20-1031 Motion authorizing a three-year service agreement with SoftwareONE, Inc., in an amount not to exceed $2,729,477.37 for a Microsoft Enterprise Volume License for the Information Technology Department, with FY 2020 funding in the amount of$909,825.79 funded through the Information Technology Fund. Sponsors: Information Technology Services and Contracts and Procurement Consent- Type A Small Business Incentive Agreements City of Corpus Christi Page 5 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 24. 20-0811 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $100,000 for their internship program to assist small businesses. sponsors: Corpus Christi Regional Economic Development Corporation 25. 20-0812 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi to provide grant up to $150,000.00 for their internship program to assist small businesses. sponsors: Corpus Christi Regional Economic Development Corporation 26. 20-0813 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their Contractor Resource Center program to assist small businesses bid for existing and upcoming large industrial opportunities. sponsors: Corpus Christi Regional Economic Development Corporation 27. 20-0814 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College's Procurement Technical Assistance Center to provide grant up to $99,500 to assist small businesses bid for government contracts sponsors: Corpus Christi Regional Economic Development Corporation 28. 20-0815 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund to provide grant up to $150,000 for their loan buy-down program to assist small businesses sponsors: Corpus Christi Regional Economic Development Corporation 29. 20-0816 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant of up to $54,000 in FY 2021 to assist small businesses. sponsors: Corpus Christi Regional Economic Development Corporation K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 30 - 33) 30. 20-0957 Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN-1" Neighborhood Commercial District. Planning Commission and Staff recommend Approval. sponsors: Development Services City of Corpus Christi Page 6 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 31. 20-0958 Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Planning Commission and Staff recommend Denial of the "CG-1" District in lieu thereof Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit. (3/4 vote required to overrule Planning Commission recommendation.) sponsors: Development Services 32. 20-1073 Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. sponsors: Office of Management and Budget 33. 20-1084 Ordinance setting a property tax rate of$0.646264 per $100 valuation which is effectively a 2.16% increase over the no new revenue tax rate. sponsors: Finance &Business Analysis M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 34 -36) 34. 20-1071 Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of$755,027. sponsors: Office of Management and Budget 35. 20-0995 Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of$57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. sponsors: Police Department 36. 20-1011 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of$715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of$809,895.00 and a total budget of$1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. sponsors: Police Department O. BRIEFINGS: (NONE) City of Corpus Christi Paye 7 Printed on 9/8/2020 City Council Meeting Agenda-Final-revised September 8,2020 P. EXECUTIVE SESSION: Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT City of Corpus Christi Paye 8 Printed on 9/8/2020 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 25, 2020 10:00 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 10:02 a.m. B. Invocation to be given by Mayor Joe McComb. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Roland Barrera, Greg Smith and Ben Molina participated by video conference. Council Member Michael Hunter participated telephonically. Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. EXECUTIVE SESSION: 1. 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 matters involving water towers, water pressure, equipment replacement schedules, and Texas Commission on Environmental Quality regulations relating to the provision of water, minimum pressure requirements, water minimum alternative capacity requirements, and other related regulatory matters. City of Corpus Christi Page 1 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 This E-Session Item was discussed in executive session. F. 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. Mayor McComb referred to comments from the public. The following citizens submitted written public comments which are attached to the minutes: Bob Paulison, 15821 Almeria Ave.;John LaRue, 602 N. Staples St.; Carrie Robertson Meyer,4401 Gulfbreeze Blvd.; Brian Williams; Shelley Tinsley, 613 Hoffman St.;Alissa Mejia,41 Camden PI.; and Nancy Hunt, 6162 Misty Meadow. The following citizens called in: Melissa Zamora, 3917 Brawner Pkwy.; Julie Rogers, 710 Furman Ave.; Brittany Garcia, 3214 Brawner Pkwy.; and Sylvia Campos,4410 Fir St. -spoke in opposition to Item 19. Moses Mostaghasi, 8017 Barley Dock; and Bobak Mostaghasi, 8017 Barley Dock-spoke in support of Items 13 and 14. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following preparations for Hurricanes Marco and Laura. 1) Removal of large items from local beaches. 2) Public Works has positioned barricades in different areas of the City. 3) TXDOT is prepared to close down the JFK Causeway if necessary. City of Corpus Christi Paye 2 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Council Members and City Manager Zanoni discussed the following topics: sandbags will be stored in a warehouse throughout the hurricane season; brush pick-up related to Hurricane Hanna should be complete in about two weeks; and the schedule for brush pick-up is on the City's website. a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Director of Public Health District Annette Rodriguez presented an update on COVID-19: COVID-19 cases by months; COVID-19 statistics as of 8/24/2020; COVID-19 death by months; COVID-19 deaths by weeks in July; COVID-19 deaths by weeks in August; COVID-19 hospitalization risk; COVID-19 recoveries-plasma donation; school year 2020-2021-safe return; pooling samples; and COVID-19 compliance inspections-retail establishments. H. MINUTES: 2. Regular Meeting of August 18, 2020 A motion was made by Council Member Hernandez, seconded by Council Member Garza that the Minutes be approved. The motion carried by a unanimous vote. I. BOARD &COMMITTEE APPOINTMENTS: 3. Parks and Recreation Advisory Committee Mayor McComb referred to Item 3. Parks and Recreation Advisory Committee Council Member Molina made a motion to reappoint Amy McCoy and Twila Stevens,seconded by Council Member Smith and passed unanimously. Council Member Hernandez nominated Luis Reyes Sr. Council Member Guajardo nominated Jacob Dryden. Council Member Smith nominated Lawrence Heatley. Council Member Molina nominated Diego Solis. Jacob Dryden, Lawrence Heatley and Diego Solis were appointed with Council Members Hunter, Molina, Barrera, Smith and Guajardo voting for Jacob Dryden, Lawrence Heatley and Diego Solis. Council Member Hernandez voted for Luis Reyes. Council Member Roy voted for Luis Reyes,Jacob Dryden ad Lawrence Heatley, and Mayor McComb and Council Member Garza voted for Luis Reyes, Lawrence Heatley and Diego Solis. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 12) Consent-Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. City of Corpus Christi Page 3 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Council Members discussed Items 7, 10 and 12. A motion was made by Council Member Garza, seconded by Council Member Guajardo to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 4. Ordinance approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and the United Service Organization of South Texas ("USO") in the amount of$250,000 for the creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy, effective upon signature of the City Manager or designee; appropriating funds in the amount of$250,000 from the Type B Economic Development Fund; and amending the budget. This Ordinance was passed on the consent agenda. Enactment No: 032187 Consent- Contracts and Procurement 5. Motion authorizing three, three-year service agreements, for mowing, maintenance and securing of non-code compliant properties for Code Enforcement, with each of the following vendors: J.M. Perez and Grandsons LLC of Portland, TX, Richard Herrera, Jr., dba R.H. Construction & Mowing of Corpus Christi, TX, and Luz Alicia Sierra Leal dba Alicia's Lawn Service of Corpus Christi, TX, in an amount not to exceed $150,000.00 for each contract, for a total not to exceed amount of $450,000, with FY 2020 funding in an amount of$8,333.33 available from the General Fund and Community Development Block Grant Fund. This Motion was passed on the consent agenda. Enactment No: M2020-144 Consent- Capital Projects 6. Motion awarding a Professional Services Contract for design and construction administration services for Lifecycle Curb and Gutter Replacement Program to ECMS, LLC of Corpus Christi, TX, for one-year in an amount up to $100,000 with two one-year renewal options to be administratively authorized for a total amount not to exceed $300,000, with projects located Citywide, and with FY 2020 funding available from the Storm Water Capital Reserve Fund. City of Corpus Christi Page 4 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 This Motion was passed on the consent agenda. Enactment No: M2020-145 General Consent Items 7. Resolution approving a transfer of allocation of$3,200,000 from the City of Corpus Christi's $17,960,470 Coronavirus Relief Fund established by the CARES Act to Nueces County for expenses related to the prevention, preparation for, and response to the COVID-19 public health emergency. Mayor McComb referred to Item 7. A Council Member discussed the City's transfer of funds established by the CARES Act to Nueces County for expenses related to COVID-19. This Resolution was passed on the consent agenda. Enactment No: 032188 8. Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2020-2021. This Resolution was passed on the consent agenda. Enactment No: 032189 9. Resolution authorizing participation in the TexPool Investment Pools and designating authorized representatives and approving participation agreement This Resolution was passed on the consent agenda. Enactment No: 032190 10. Resolution authorizing the City's intent to provide a total of up to $752,000 from the City's Coronavirus Relief Fund allocation, through the CARES Act, to Corpus Christi Independent School District and Flour Bluff Independent School District ($715,000 and $37,000, respectively) as matching funds for the purchase of computer equipment necessary to facilitate compliance with COVID-19 related public health measures and tele-learning. Mayor McComb referred to Item 10. Council Members and City Manager Peter Zanoni discussed the following topics: other school districts that will seek funding from the City include Calallen ISD and London ISD. This Resolution was passed on the consent agenda. Enactment No: 032191 11. Resolution adopting a substantial amendment to the City of Corpus City of Corpus Christi Page 5 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Christi's FY2019-2020 Consolidated Annual Action Plan (CAAP), previously adopted by Ordinance No. 031814, for the Community Development Block Grant (CDBG), and the HOME Investment Partnerships Programs funded by the United States Department of Housing and Urban Development (HUD); and authorizing the execution of all documents necessary to implement the Substantial Amendment to the FY2019-2020 with outside organizations. This Resolution was passed on the consent agenda. Enactment No: 032192 12. Resolution authorizing a two-year lease of 3.0 acres off Rincon Road from the Texas General Land Office ("GLO") for$10,000 annual payment to the GLO with option to extend for an additional two-year term, to be used for storage of reefing material to be used in constructing an offshore artificial reef in the Gulf of Mexico. Mayor McComb referred to Item 12. Council Members and City Manager Peter Zanoni discussed the following topics: a Council Member stated that this is a good news item and is in favor of this item; and this item is a financial benefit for the Cole Park Pier. This Resolution was passed on the consent agenda. Enactment No: 032193 L. RECESS FOR LUNCH The recess for lunch was held from 1:31 p.m.to 2:03 p.m. M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. Ordinance annexing approximately 385 acres of land at or near the intersection of FM 43 and CR 33 into the territorial limits of the City of Corpus Christi. Mayor McComb referred to Item 13. Assistant Director of Planning &Environmental Services Dan McGinn presented information on the following topics: background; aerial overview of annexation tract; aerial overview of area infrastructure; and staff's recommendation to approve the petition for annexation. Council Members and Assistant Director McGinn discussed the following topics: a Council Member's concern regarding storm water drainage system on the south side of town; and that the developer is interested in creating a TIRZ for this project. Mayor McComb opened the public hearing. There were no written comments from the public. City of Corpus Christi Page 6 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith Abstained: 1 - Council Member Roy 14. Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District. (Planning Commission Recommendation: Approval of the "CG-2" General Commercial District and "CN-1" Neighborhood Commercial District; Staff Recommendation: Approval of the "CG-2" General Commercial District, denial of the "CN-1" Neighborhood Commercial District and, in lieu, approval of the "ON" Neighborhood Office District. Mayor McComb referred to Item 14. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; Planning Commission recommends approval of the "CG-2"and "CN-1"; and staff recommends approval of"CG-2"and denial of the"CN-1"and, in lieu, approval of the"ON". Council Members and Director Raymond discussed the following topics: staff recommends denial of the"CN-1" because they believe the"ON" is a better buffer and neighbor than "CN-1". Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance based on Planning Commission's recommendation,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith Abstained: 2- Council Member Garza and Council Member Roy 15. Zoning Case No. 0620-02, One Rail Group, LLC. (District 3). Ordinance rezoning property at or near 501 Heinsohn Road from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" City of Corpus Christi Paye 7 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Light Industrial District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and staff and Planning Commission's recommendation. There were no comments from the Council. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 N. RECESS TO CORPORATION MEETINGS: (ITEMS 16 - 17) 16. Special Board Meeting of the Corpus Christi Housing Finance Corporation regarding an Investment Services Agreement. This Corporation Meeting was held. 17. North Padre Island Development Corporation Annual Meeting This Corporation Meeting was held. O. RECONVENE CITY COUNCIL MEETING: P. REGULAR AGENDA: (ITEMS 18 - 19) 18. Motion approving Amendment No. 3 with Texas A&M University - Corpus Christi to provide professional services in the amount of$156,472.00 for a total contract value not to exceed $401,451.00 for Packery Channel Monitoring, to provide guidance following damage during Hurricane Hanna, located in City Council District 4, with funds available from Tax Increment Reinvestment Zone No. 2 Capital Fund. Mayor McComb referred to Item 18. Assistant City Manager Keith Selman presented the following information: this item was discussed during the TIRZ#2 meeting and Board Members authorized City of Corpus Christi Paye 8 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 the expenditures as a corporation. There were no comments from the Council. Council Member Smith made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2020-146 19. Resolution authorizing the execution and approval of a Financing Agreement between the City of Corpus Christi and the Texas Water Development Board (TWDB) related to the City's issuance, sale, and delivery of City Utility System Junior Lien Revenue Improvement Bonds in an amount not to exceed $11,425,000 to the TWDB with proceeds of said bonds to be used for a city desalination project and other matters in connection therewith. Mayor McComb referred to Item 19. Director of Water Utilities Kevin Norton presented information on the following topics: drought resilient; financial agreement strategy; TWDB loan; breakdown of the$11,425,000;2013-2017 update; 2017-2020 update; 500,000 customers; City of Corpus Christi water supply chart; 75%trigger point chart; water demands; consumption by customer type;2021-2029 high to low rate impact per month; next steps; and staff's recommendation. Council Members, City Manager Peter Zanoni, Director Norton, and Water Resource Manager Steve Ramos discussed the following topics: a Council Member is not against desalination, but does not agree with the process without any other cost options and information made available; a Council Member's request to see the rate model analysis; if desalination is the best option after considering other options, then a concern is the environmental impact;selling brine is not a viable option, it is more cost effective to put it back into the Bay; a Council Member's request for a public meeting to inform the public about the desalination project, and allow for public input; public participation is highly important, as is determining the impact on the taxpayers;there is not enough information available to make a decision to move forward with this project;the City's website has all the information available to the public; a Council Member's concern regarding the 75%trigger point chart; the timeline is based on the timing of the two agreements made with Steel Dynamics and Exxon;the cost of desalination would be lower if we had higher utilization of our water resources, and would lower the overall cost of water;the Texas Water Development Board (TWDB)grant has a deadline of September 8,2020;the City has an obligation because of the $2 million that has already been approved;the importance for the City to get a permit;there is a lot of misinformation on social media;this is just a step in the process before the project begins;the City has been in an industrial agreement since 2018;the industry is paying 60%of the debt service; CC Polymer has a plant City of Corpus Christi Paye 9 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 that is already built, so there is no need to overpay for desalination;the City has been trying to find a water supply for our region since 2001;the number one priorities for the City are an uninterruptible water supply, streets and wastewater;the importance of this project for the future of the City; if the City borrows $11,000,000 today,the impact on the water rate is zero;the debt service is built into the current rate;the debt service for the$11,000,000 is $100,000; and a Council Member stated this project is an $11,000,000 risk for the City without approved permits. Council Member Hunter made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 6- Mayor McComb, Council Member Barrera, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 3- Council Member Garza, Council Member Guajardo and Council Member Hernandez Abstained: 0 Enactment No: 032194 Q. FIRST READING ORDINANCES: (ITEMS 20 -22) 20. Motion authorizing an 18-month service agreement with Halff Associates, Inc. of Richardson, Texas for a total amount not to exceed $273,789.00 for the development of the 10-Year Parks and Recreation Master Plan, with FY 2020 funding available from the Community Enrichment Fund and General Fund. Mayor McComb referred to Item 20. This Ordinance was postponed until September 8,2020. 21. Ordinance awarding two construction contracts to Haas-Anderson Construction, Ltd., Corpus Christi, Texas for the mill and overlay of Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of$4,399,728.35 and amending the FY 2020 Operating and Capital Budget to include Ocean Drive from Louisiana Avenue to Robert Drive and Ocean Drive from Robert Drive to Ennis Joslin Road projects; appropriating $4,554,601.20 from the unreserved fund balance of the General Fund, located in Council District 4, with funding available from the 2012 and 2014 Street Bond Program, and the FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. Mayor McComb referred to Item 21. Director of Public Works Department Richard Martinez presented information on the following topics: this ordinance would award two construction contracts to Haas-Anderson Construction, Ltd.for the mill and overlay of Ocean Drive. City of Corpus Christi Page 10 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 Council Members and Director Martinez discussed the following topics: Council Members'support of Ocean Drive being reconstructed; construction should begin in October and be completed within ten months;this construction will cover a 14 mile stretch of roadway down Ocean Drive; and this construction will include pavement repair and markings for bike lanes. Council Member Guajardo made a motion to approve the ordinance,seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 22. Ordinance authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three-month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25; appropriating funds from the unreserved fund balance of the Community Enrichment Fund; and amending the budget. Mayor McComb referred to Item 22. Interim Director of Parks and Recreation Tracey Cantu presented information on the following topics: this item authorizes the purchase of artificial turf materials and a three-month service agreement for the installation of the artificial turf for splash pads and at three City parks through the BuyBoard Cooperative. Council Members and Interim Director Cantu discussed the following topics: staff recommends approval of artificial turf for the splash pads located at Lindale Park, Salinas Park and Bill Witt Park; and the artificial turf will be great for long-term maintenance of the splash pads. Council Member Molina 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: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 R. BRIEFINGS: (NONE) S. EXECUTIVE SESSION: (ITEM 23) City of Corpus Christi Page 11 Printed on 8/31/2020 City Council Meeting Minutes August 25, 2020 23. 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 matters involving desalination, regulatory matters involving the Texas Coalition on Environmental Quality and U.S. Environmental Protection Agency, requirements of the Texas Public Information Act, and statutes and case law granting intellectual property rights related to the aforementioned items. This E-Session Item was withdrawn. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Future Agenda Items. The following Items were discussed: the last budget workshop will be held on Thursday; a Council Member's request for the City Manager to provide more potential projects of milling other roads; and a Council Member's request for the report evaluation related to concrete versus asphalt streets. U. ADJOURNMENT This meeting was adjourned at 4:14 p.m. City of Corpus Christi Page 12 Printed on 8/31/2020 Norma Duran From: Melissa Zamora <mzamora1818@yahoo.com> Sent: Tuesday, August 25, 2020 8:39 AM To: CitySecretary Subject: Request for call back - Melissa Zamora Follow Up Flag: Follow up / Flag Status: Completed [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council' or the name of the City Board: City council DATE OF MEETING Imm/ddAvi: 08/25/20 NAME: Melissa Zamora ADDRESS: 3917 Brawner CITY: Carpus Christi STATE: Tx Zip: 78411 JoplC: Desalination Finance Agreement AGENDA ITEM NUMBER (if applicable): 19 TELEPHONE NUMBER FOR CALL BACK: 361425-2318 1 REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: Julie Rogers ADDRESS: 710 Furman Ave CITY: Corpus Christi STATE: TX ZIP: 78404 TOPIC: No loan for proposed desal project AGENDA ITEM NUMBER (if applicable): 19 TELEPHONE NUMBER FOR CALL BACK: 361-461-1967 Norma Duran From: julie rogers <rogersjuliet@gmail.com> Sent: Tuesday, August 25, 2020 11:09 AM To: CitySecretary Subject: Public Comment for Item 19 City Council Agenda Attachments: Public Comment V2 082520.docx Follow Up Flag: Follow up Flag Status: Completed [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Please submit my public comments to the City Councilpersons. Thank you for your service. Julie Rogers / 710 Furman Ave CCTX 78404 1 Your "mission is to make Corpus Christi one of the most livable communities in America. To create a vibrant, progressive, clean city that rejoices in its diversity. To keep our citizens safe and secure, and provide an abundance of economic development opportunities while paying special attention to our unique environment." Everything about Item 19 and your proposed desalination project for Corpus Christi Bay goes against that mission. Please vote NO on Item 19 and hold a series of townhalls where the debate can be flushed out; where all questions are addressed; and the harms, risks, and costs of such a proposed project are fully exposed. In closing, I would like to thank you for the recent townhall meetings held for the upcoming budget, but I'd also like to point out that if you can do that for the budget, you can do it for the proposed desal project. REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: Brittany Garcia ADDRESS: 3214 Brawner Pkwy CIN: Corpus Christi STATE: TX ZIP: 78411 TOPIC: Desalination loan AGENDA ITEM NUMBER (if applicable): TELEPHONE NUMBER FOR CALL BACK: (361)660-9401 REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: Sylvia Campos ADDRESS: 441OFir CITY: Corpus Christi STATE: Tx ZIP: TOPIC: Desalination Permit AGENDA ITEM NUMBER (if applicable): TELEPHONE NUMBER FOR CALL BACK: 361-687-7259 What is the hurry on the permit for a Desalination Plant? Why does the city want to proceed if the City has not determined, we the taxpayers want to fund this. There are multiple plans for these plants from industry, if the Heavy Industry wants this, why are they not building it themselves? Polymers is available, formally M& G. When something smells fishy it usually is. I ask that you vote this down and have town hall meetings on this, or why not have had town hall meetings prior to this? Too many questions and no satisfactory answers. Your approach has been behind closed doors. Never a good thing. Government demands we have an open participation. We have multi-billion in street repairs and infrastructure was one estimate. We should prioritize that. REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either"City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/2020 NAME: Moses Mostaghasi (MPM Homes) ADDRESS: 8017 Barley Dock CITY: STATE: ZIP: 78414 TOPIC: annexation and zoning case AGENDA ITEM NUMBER(if applicable): Items#13 and Items#14 TELEPHONE NUMBER FOR CALL BACK: 361-774-3832 REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: CityCouncil DATE OF MEETING (mm/dd/yy): 08/25/2020 NAME: Bobak Mostashasi ADDRESS: 8017 Barley Dock CITY: STATE: Zip: 78414 TOPIC: annexation and zoning case AGENDA ITEM NUMBER (if applicable): Items#13 and Items#14 TELEPHONE NUMBER FOR CALL BACK: 361-549-7818 Norma Duran From: Bob Paulison <bobpaulison@gmail.com> Sent: Tuesday, August 25, 2020 9:17 AM To: CitySecretary Subject: Public Comment/ Input - 25 Aug 2020 City Council Mtg - Agenda Item 19 Attachments: Public Comment Form-25 Aug 2020-Item 19_PICC Ltr to City Council.pdf; Port Industries of Corpus Christi Letter to City Council-Desalination-Aug 2020.pdf Follow Up Flag: Follow up Flag Status: Completed [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Please accept the attached letter from Port Industries of Corpus Christi as input related to item 19 on today's City Council meeting agenda. Thank you! BP Bob Paulison Executive Director Port Industries of Corpus Christi bobpaulison@gmail.com 361.563.2888(mobile) 1 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either"City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: Bob Paulison ADDRESS: 15821 Almeria Ave. CITY: Corpus Christi STATE: TX Zip: 78418 TOPIC: SWIFT Loan AGENDA ITEM NUMBER (if applicable): Item 19 If no agenda item is specified,then this will be considered a general public comment and not a public hearing. File attached to email along with this form contains input from Port Industries of Corpus Christi relating to Item 19 on today's City Council meeting agenda. Thank you. PORT INDUSTRIES OF CORPUS CHRISTI 21 August 2020 Working for Mayor McComb&City Council Members a Balanced City of Corpus Christi Partnership 1201 Leopard Street Corpus Chrsiti,TX 78401 AEP Texas Dear Mayor McComb& City Council Members: Air liquide Port Industries of Corpus Christi members appreciate the City's many efforts Buckeye Texas Partners to ensure that our region has a strong, drought resistant, and reliable supply Celanese of water, and offer congratulations on the City's recent selection for SWIFT financing from the Texas Water Development Board. Chemo Chen/ere Energy As regional water provider, you know better than anyone that an ample supply of clean, fresh water is crucial to everyone in the Coastal Bend; and CITGQRefining&Chemicals,LP that the City needs a diverse portfolio of reliable, affordable, and sustainable Flint Hills Resources water sources to support high quality of life and continued economic vitality. Corpus chnst, LLC Gulf Coast Growth ventures Since 2014, the City of Corpus Christi, the San Patricio Municipal Water District, Port Industries members, the Port of Corpus Christi, and the Corpus KiewitOffshore Services, IN.. Christi Regional Economic Development Corporation have been working Lyondell8asell collaboratively on that issue with the goal of achieving a drought-proof water MODA Midsbeam source for the area. NuStar Energy,LP During that period, the City has examined, in a continuous and ongoing fashion, all alternatives from conservation and reuse to groundwater and oxytriem desalination; we agree with this comprehensive and rigorous approach. We Pin Oak CorpusChnsh also agree with the decision to secure financing for a desalination option at Port of CorpusChristi Authonly this time. TALEN Energy Other sources may bring additional diversity to our water supply, but the valero work that has been done since 2014 has shown that desalination is feasible, affordable and sustainable which leads us to support the City's strategy of voestalpine Texas continuing forward with preparations for desalination facilities to meet the currently known demands for water in our area. Even in good times, drought is never very far away. We must be ready. Thank you for the opportunity to provide input into the process. Port Industries appreciates the City Council's continuing commitment to developing a strong, drought resistant, and sustainable water supply system. S ncerel 222 Power street—78401 P.a Box 223—784o3 Rick Ritter Corpus Christi, Texas President Phone:361/563-2888 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: John LaRue, President&CEO, United Corpus Christi Chamber ADDRESS: 602 N. Staples Street, Suite 150 CITY: Corpus Christi STATE: TX ZIP: 78401 TOPIC: Seawater Desal AGENDA ITEM NUMBER (if applicable): item P.19 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. On behalf of the United Corpus Christi Chamber of Commerce, I am pleased to offer our support of the City's plans for a seawater desalination plant in the Port of Corpus Christi's Inner Harbor Ship Channel and a future plant near the La Quinta Channel in San Patricio County. Our compliments to you and your staff for the intense diligence and planning you have done over more than seven years to move a new water supply project forward. Reliable and sustainable water supply is the key to economic and business growth in the Coastal Bend. The City's long term plan to meet the area's public water needs ensures that the City's total water supply capacity will continue to meet the water demands of residents, businesses and industry in our region. The seawater desalination approach adds a drought resistant water source to our overall supply while minimizing any financial or environmental effects. It is great to see forward-thinking leadership from the City of Corpus Christi on this issue. PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council and Mayor DATE OF MEETING (mm/dd/yy): 08/25/20 NAME: Carrie Robertson Meyer ADDRESS: 4401 Gulfbreeze Blvd. CITY: Corpus Christi STATE: TX Zip: 78402 TOPIC: VOTE NO on DESAL funding AGENDA ITEM NUMBER (if applicable): 19 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Vote NO on Item 19 -- funding desal -- on tomorrow's agenda. Putting the first facility in the inner harbor will set us on a path to catastrophic harm to our bays and our pocketbooks. The city should hold a series of public hearings where the debate can be flushed out; where all questions are addressed; and the harms,risks, and costs are fully exposed. That's transparency. That's leadership. North Beach is a tourism destination that relies on clean bay water and a healthy ecosystem to continue to show our visitors the best of Corpus Christi. We can't let the Port's growth hurt our city's #2 industry, tourism, by polluting the water with brine, hurting our marine life by changing the salinity and bay temperatures in the inner harbor. That water flows right into the water we are all swimming in here on North Beach. We will all be watching your vote tomorrow to help us decide how to vote on the ballot this November. Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 24, 2020 3:29 PM To: Sarah Brunkenhoefer Subject: FW: Letter from Port Industries of Corpus Christi Re: SWIFT Financing & Desalination Attachments: Port Industries of Corpus Christi Letter to City Council-Desalination-Aug 2020.pdf FYI. From: Rebecca Huerta <RebeccaH@cctexas.com> Sent: Monday,August 24, 2020 2:28 PM To: CitySecretary<CitySecretary@cctexas.com> Subject: FW: Letter from Port Industries of Corpus Christi Re: SWIFT Financing& Desalination Please include as public comment for Item 19. Rebecca L. Huerta TRMC, CMC City Secretary City of Corpus Christi 1201 Leopard Street I Corpus Christi, TX 78401 P.O. Box 9277 1 Corpus Christi, TX 78469-9277 Phone: (361) 826-3105 1 Fax: (361) 826-3113 RebeccaHgc ctexas.com If your e-mail is a Public Information Request, please send to CitvOPenRecords@cctexas.com. From: Bob Paulison <bobpaulison@gmail.com> Sent: Monday,August 24, 2020 12:24 PM To:Joe McComb<Joe.McComb@cctexas.com>; Rudy Garza Jr<Rudy.Garza@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Michael Hunter<Michael.Hunter@cctexas.com>; Everett Roy <Everett.Roy@cctexas.com>; Ben Molina <Ben.Molina @cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Greg Smith<Gree.Smith@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com>; Peter Zanoni <peterz@cctexas.com>; Rebecca Huerta <RebeccaH@cctexas.com> Subject: Letter from Port Industries of Corpus Christi Re: SWIFT Financing & Desalination [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Good afternoon Mayor, City Council members, City Manager, and City Secretary- Attached, please find a letter of support from Port Industries regarding City activities to develop a drought resistant water supply, work on seawater desalination, and the City's recent selection for SWIFT financing by the TWDB. In addition to being a general expression of appreciation for all that work that the City has accomplished with regards to our water supply, this letter is specifically being submitted in support of item 19 on the 25 August 2020 City Council meeting agenda. Thank you for all that you do for our City. If I can be of further service, please don't hesitate to contact me. Best Regards, Bob Bob Paulison Executive Director Port Industries of Corpus Christi bobPaulison@amail.com 361.563.2888(mobile) 2 PORT INDUSTRIES OF CORPUS CHRISTI 21 August 2020 Working for Mayor McComb&City Council Members a Balanced City of Corpus Christi Partnership 1201 Leopard Street Corpus Chrsiti,TX 78401 AEP Texas Dear Mayor McComb& City Council Members: AirGquide Port Industries of Corpus Christi members appreciate the City's many efforts Buckeye Texas Partners to ensure that our region has a strong, drought resistant, and reliable supply Celanese of water, and offer congratulations on the City's recent selection for SWIFT financing from the Texas Water Development Board. Chemours Chentere Energy As regional water provider, you know better than anyone that an ample supply of clean, fresh water is crucial to everyone in the Coastal Bend; and CITGORelining&Chemicals,LP that the City needs a diverse portfolio of reliable, affordable, and sustainable Flint Hills Resources water sources to support high quality of life and continued economic vitality. Corpus Qhnsh, LLC Gulf Coast Growth Ventures Since 2014, the City of Corpus Christi, the San Patricio Municipal Water District, Port Industries members, the Port of Corpus Christi, and the Corpus KiewitOffshore Services, Ltd. Christi Regional Economic Development Corporation have been working LyondellBasell collaboratively on that issue with the goal of achieving a drought-proof water source for the area. MODA Midstream NuStar Energy,LP During that period, the City has examined, in a continuous and ongoing fashion, all alternatives from conservation and reuse to groundwater and Oxy[7�em desalination; we agree with this comprehensive and rigorous approach. We Pin Oak Corpus Christi also agree with the decision to secure financing for a desalination option at Port of Corpus Chnst/Authonty this time. TALEN Energy Other sources may bring additional diversity to our water supply, but the valero work that has been done since 2014 has shown that desalination is feasible, affordable and sustainable which leads us to support the City's strategy of voestaipine Texas continuing forward with preparations for desalination facilities to meet the currently known demands for water in our area, Even in good times, drought is never very far away. We must be ready. Thank you for the opportunity to provide input into the process. Port Industries appreciates the City Council's continuing commitment to developing a strong,drought resistant, and sustainable water supply system. S ncerel 222 Power Street—78401 P.O.Box 223—78403 Rick Ritter Corpus Christi, Texas President Phone.361/563-2888 t� Cc Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 17, 2020 3:26 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Desalination Attachments: Desalination Support Letter.pdf FYI. From: Brian Williams<BGW@spmwd.net> Sent: Monday,August 17, 2020 3:04 PM To: Ben Molina <Ben.Molina@cctexas.com>; Everett Roy<Everett.Roy@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>;Joe McComb <Joe.McComb@cctexas.com>; Michael Hunter<Michael.Hunter@cctexas.com>; Paulette Guajardo<Paulette.Guajardo@cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Rudy Garza Jr<Rudy.Garza@cctexas.com>; Rebecca Huerta <RebeccaH@cctexas.com>; CitySecretary<CitySecretary@cctexas.com> Cc: Peter Zanoni <peterz@cctexas.com> Subject: [EXTERNAL]Desalination [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Mayor and City Council, Please see the attached letter in support of the Texas Water Development Board-SWIFT loan for the Inner Harbor desalination facility scheduled for your review on August 25. Brian G. Williams, P.E. San Patricio Municipal Water District P.O.Box 940 Ingleside,Texas 78362 Office Phone(361)777-4037 Cell Phone(361)815-7933 11, I&A R J t►CtPd_ http://www.sanpatwater.com Notice: Texas has a very broad public records lair. All written communications to and from the San Patricio Municipal Water District officials/employees using District equipment are public records and available to the public and media. Your email conmiunications maybe subject to public disclosure. 1 SA Alrknicila N/C/PAL,1 Billie to Tennill,President 4 "0 TFit/.CT A.tarry Kalich,Director Troy MlrcovIch,Vice President ,., `i ' Danny C.Cox,Director tit,, Brian Williams,Manager/District Engineer P.O.B lig, Ed Rainwater,Director Rebecca Klaevemann,Secretary/Treasurer Ingleside, s 78362 Alan Miller,Director Doll Kellar,Director Tom Bridges,Director August 17, 2020 Mayor and City Council Members, Congratulations on the Inner Harbor Desalination facility being selected to receive State Water Implementation Fund of Texas(SWIFT)funding. The effort given by the City of Corpus Christi to develop this regional drought-proof water supply shows the keen foresight and tenacity the City has demonstrated over the years to ensure adequate water supplies for the region. We would like to encourage the City to continue the progress moving forward and to accept the SWIFT loan from the Texas Water Development Board (TWDB). The TWDB through its methodical process has prioritized this beneficial project and has deemed it worthy to receive a subsidized low-interest loan that will benefit the entire region. We appreciate the leadership in water demonstrated by the Texas Water Development Board. Also, our thanks to Texas Legislature,and in particular our San Patricio County members,Senator Zaffirini and Representative J. M. Lozano,for making such programs available. Again,the City should be congratulated for the efforts it has taken over the past seven years to methodically and purposefully move forward achieving the goal of a drought-proof water source. The dedication demonstrated by the Council and City staff to advance the desalination proposal has been remarkable. It has been a pleasure to work with the City and we will continue to support the City in its effort to develop a drought-proof public water source for the region. Sincerely, Brian G.WilliaAP.E. San Patricio MWD,General Manager Xc: San Patricio MWD Board of Directors Phone 361-643-6521 Fax 361-643-9093 Page 1 of 1\i1iJPiI{l�I�z,��jtl�l�f3t t!Z)4')�1fd!tri��rlC��i�il�rffdthr{ail{�IJ��IlrriltPlrl�l�+ill JJ1lJfk )f�ijt+Jclr%!fc PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either"City Council" or the name of the City Board: CITY COUNCIL DATE OF MEETING (mm/dd/yy): 08/19/20 NAME: SHELLEY TINSLEY ADDRESS: 613 HOFFMAN ST CITY: CORPUS CHRISTI STATE: TX ZIP: 78404 TOPIC: SOCIAL DISTANCING AND PUBLIC TESTIMONY AGENDA ITEM NUMBER (if applicable): If no agenda item is specified,then this will be considered a general public comment and not a public hearing. First and foremost I want to thank the City Council for NOT attempting to de-fund our Police Dept of Corpus Christi Texas. We need to make sure our neighborhoods and Schools and place of employment are being secured. Being an employee of one of the biggest food chains in Texas I can say I appreciate the presence of our Law enforcement Officers. As for kids getting back to school, I most certainly hope this will happen soon, as I have a brother & sister inlaw both that are First Responders and have 4 children still at home and still in college, Highschool and elementary. So they have to have 4 laptops or PC's They are also FullTime employees of the City/ Hospital. I can tell you that I know it has been very stressful on them, and on top of that putting their lives in danger every day. Maybe instead of worrying whether or not people are complying with "mask wearing" we should focus on getting our city back to work. 100% People need to get back to work and kids in school. Sarah Brunkenhoefer From: CitySecretary Sent: Wednesday, August 19, 2020 10:38 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: public comment FYI. From:Alissa Mejia <alissain@gmail.com> Sent: Wednesday, August 19, 2020 9:53 AM To: CitySecretary<CitySecretary@cctexas.com> Subject: Re: public comment I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Hi, I was wondering if my comment from last week was received. I haven't submitted a written comment before and don't know if a lack of reply is typical or if it might have been overlooked. thanks. On Tue, Aug 11, 2020 at 11:14 AM Alissa Mejia <alissain(@gmail.com>wrote: From Alissa Mejia, 41 Camden Pl. I want to thank the Corpus Christi public libraries for their phenomenal job during the pandemic. As my family's other activities stopped, our use of the library has increased. It's been one of the biggest bright spots of our spring and summer in isolation. Every library staff member I've dealt with has been unfailingly positive and friendly. Many have offered unsolicited extra advice or suggestions to further improve the experience. Each week we borrow books, a puzzle, and the library also gives us a take-home craft.That package from the library is one of the highlights of the week for my 3-year-old twins.They have started reading their first words this summer, and some of that credit goes to the easy reading books we borrow from the library.This is also their main source of education as we are keeping them home from preschool for now. I've appreciated the adult books and the movies as well, especially as I spend more time exercising on my spin bike rather than in public.All of this is helping us stay home and entertained.Thanks for continuing to make these resources available despite the challenges. Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 25, 2020 8:48 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]diversity and inclusiveness Attachments: #gadfly - editorial 11-10-96.pdf,#editorial 11-16-96 Coastal Bend Sun.pdf, news Nov 1996.pdf Public Comment From: Nancy Hunt<njhunt@pdq.net> Sent:Tuesday, August 25, 2020 6:53 AM To: CitySecretary<CitySecretary@cctexas.com> Subject: [EXTERNAL]diversity and inclusiveness [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To: City Secretary Re: Buccaneer Days Coronation Pageant Did you receive a July 23, 2020 email from me addressing the issue of diversity/inclusiveness re the Coronation Pageant that is affiliated with Buc Days? In July 2019 when I presented this question to the editor of CCCT she suggested submitting it directly to the org (las Donas). She recently expressed an interest in their answer when I told her I followed her advice. If I do not receive an acknowledgement/ reply from you or members of the City Council re this email or the July 23 1 suppose it will be necessary to submit a letter via USPS. BTW, it is not uncommon to experience delays and/or difficulty with my emails bec the unusual email address is often times flagged as spam/junk mail. Considering the critical issues facing the City re covid-19 and the needs of its residents I can certainly understand a delay in responding. The City and County has done a stellar job at executing its responsibilities that incudes advising and guiding the public during the pandemic. My Dad who loved this City would have been proud of the City today, both public and private even though his role as gadfly and watchdog would probably not be well received by all. He was one of those "old guys" from generations past who sought to disclose greed, corruption and unfair treatment of others. The attachments are intended for those not familiar with his role in the community. Regards, Nancy J. Hunt 6162 Misty Meadow#305 Corpus Christi,TX 78414 361-446-9780 361-5oo-5168 nihuntCibpdq.net 2 i EDITORIALS Ale/Sunday,November 10,1996 Cowl cbri0t, calltrAthd STEPHEN W. SULLIVAN President&Publisher LARRY L. ROSE Executive Vice President General Manager 'NWK;iNCE. DAVID A Wusia Editorial Page Editor Vice President&Executive Editor BRooKs PETERSON SYLVIA REM MURPHY GIVENs Senior Editorial Writer Editorial Writer Viewpoints Editor Tom Hunt Often controversial, he was a man of his word. lie death Friday of Tom of those rare politicos actually to put Hunt took from the scene a himself out of work. man who was endlessly He also served on the City Council, energetic, and sometimes where he functioned as a kind of in- combative,in seeking to make a differ- house gadfly;and in 1994,as a Repub- ence in his community. lican, he came within a whisker of Hunt,a former president of the Tax- defeating Democrat Richard Borchard pavers Association, was often at odds for the office of Nueces County judge. with the C Aller-7"cntes — but not always. It bears remembering that Hunt,a retired Air Force officer and when lie ran for county treasurer in former insurance agency owner, was 1986 on a pledge to do away with that sincere in his convictions,and,as in his antiquated and unneeded office, the brief stint as county treasurer,he was a Editorial Board endorsed him.In 1987, man of his word. His was a long and the office was duly abolished — and impressive record of service to country Hunt,a man of his word, became one and community. The Coastal Bend Sun Saturday, Nov. 16, 1996 Honest and dedicated, Tom. Hunt was often community's conscience Tom J. E.Hunt died Thursday,November 7,1996,at the age of 76.He was well known and respected in Corpus Christi as an honest,strong,person decidated to the cause of good government and became one of the community's outspoken"watchdogs." If he felt there was a wrong doing he would make every effort to undo the wrong,even if the cause he embarked on appeared to be impossible. Thdt tenacity came to the forefront when he decided that Nueces County did not need a County Treasurer. He managed to be elected to the post in 1986,then went about seeing that the job was.abolished. In 1989 he was elected to the City Council. Tom J.E.Hunt died Thursday,November people who helped him during the war. With 7,1996,at the age of 76.He was well known Edwina as the interpreter,they traveled from and respected in Corpus Christi as an hon- village to village looking for familiar sites. He est,strong,person decidatedtothe cause of knocked on doors in search of his rescuers, good government and became one of the and finally rounded up the people who community's outspoken'watchdogs." played a key role in saving his life. During his If he telt there was a wrong doing he would 31/2 yeartour of duty in France,Tom and his make every effort to undo the wrong,even if family spent most of their holidays with their the cause he embarked on appeared to be special friends in Doudeville, France. impossible. That tenacity came to the fore- Tom was very disturbed when he discov- front when he decided that Nueces County ered that one of his rescuers was still under did not need a County Treasurer. He man- suspicion by many of the other villagers. aged to be elected to the past in 1986,then This French underground worker purposely went about seeing that the job was abol- wanted the German Nazis to think he was ished. In 1989 he was elected to the City friendly to the Germans and perhaps even a Council, traitor. This allowed him to maintain astrong Tom J. E. Hunt was bom in Kansas City, front during the process of hiding American, Missouri in 1920. Shortly thereafterhis par- British and Canadian flyers. Tom was out- ents moved to Birmingham,Alabama where raged, as he knew that this particular he spent most of his childhood and young Frenchman was in fact a high level French adult life. It was there that he met his wife underground supporter.Hewasdetermined Edwina.They were married nearly 54 years. to"make it right." In 1939 Tom enlisted in the military and in Hearrangedfor military officerstocometo Works War II served as a bombardier on a B- this tiny village (Doudeville) and make 17. On June 26, 1943 his plane was shot known,to.everyone that the Frenchman down by enemy fire in northern France. The saved many lives at the expense and safety French Underground hid Tom and another of his own family. American bands from all crew member in their homes, barns and over Europe came to the tiny village to salute wine cellars,as they made their way across Tom's frie central France, southern France and with rx�end everyone in the village the help of the Basque sheep herders, attended the.ceremor�in the enema build- the the Pyrenees Mountains where they Afting in r'Vis harrowing of town. were met by a British plane and ftown safely pilot ars harrowing escape,Tom became 'back to England. These war experiences a pilot and retired as a Lt. Colonel he o r the played asignificant role throughout his adult USAF. Following his retirement he operated fife, and undoubtedly had a pari in molding an insurance agency in Corpus Christi from erv- his strong,dedicated personality. Hedid not lce, e 1 s a In addition ito his public Corpus forget the dedication and sacrifice of the �� he was a past president of the Corpus French people. Christi Taxpayers Association, past presi- dent of the Six Points Lions Club,a member After the war. Tom and his family were tof the Corpus Christi Navy League,Military transferred to Chpteauroux,France. At his Re- first opportunity tje traveled throughout the Ober of the World Wars,OPUS and the northern'part of`France in search of the tiredOffioersAssociation. Healsoservedas rn a volunteer driver for cancer patients. Tom Sr. rec.....affed as principled Late tax reformer `gave his all for the community' •His focus was on cutting spend- ing and reducing the tax burden. •A colleague said Hunt could be counted on to stand by his word. •'He was a worthy opponent, always dedicated to his opinions.' sail former Mayor Luther Jones. -f • A „.. By ROSEMARY BARNES Caller-Times4 t Friends and former political opponents expressed shock over Tom Hunt's death,describing the familiar figure as a principled man who always stood firm by his beliefs. A family member said that it 4 ery` was not widely known in the community that Hunt had been ill for several weeks. Tom Hunt Sr. ran for City Council in "It's a shame.This is a great loss 1967,but area property tax issues for the community,” said Hunt's brought him into politics in the late friend J.E.O'Brien. 1970s. O'Brien, spokesman for the Corpus Christi Taxpayers Associ- involved in city politics was in ation, reminisced about what he 1979, when the tax appraisal on considers to be Hunt's finest his three-bedroom townhouse on moment — successfully crusading the Southside skyrocketed 149 for the city's 68-cent property tax percent. cap in 1979. Hunt later became It was at that moment that the president of the association. tax activist in Hunt emerged. "I met Tom in 1979, when he He joined the taxpayers associ- joined the association," O'Brien ation and initiated a tax reform said."Since that time,he gave his measure to cap the city tax rate at all to this community. He gave 68 cents and limit annual proper- everything he had to help the res- ty valuation increases to 6 per- idents of this city." cent. Before the tax movement,Hunt After voters approved the mea- had run unsuccessfully for a seat sure,the city sued e%erc city tax- on the City Council in 1967 on payer, challenging the constitu- the Popular Party ticket. ' tionality of Proposition 1.1, as it The next time Hunt became Please see NUNT/84 was listed on the hallot. The taxpayers group responded would abolish the office. Hunt maintained that the office His opponent was Democrat with a recall drive against the Richard Borchard. a fc�rmcr Council. should be abolished because its function could be assumed by the count, commissioner, who won L'Itimatcly,the council and tax- county auditor at a $140,000 sav- in a tight race. h.ivers association reachrd a Hunt Hpushed for more consoli- ings a year. 1 compromise that retained the tax Hunt won.and two years later dation of pity and county services cap but dropped the 6-percent the office was closed. and more control of county ceiling on property-valuation "I didn't always agree with spending. increases. Tom. but when he abolished the Borchard said Thursday that Luther Jones,who w•asmayor at county treasurer's office, he did Hunt campaigned exactly •as the time.said the Pro osition 14 the ri ht thin said City Coun- everyone had expected,by blunt- Controversy was tearing the com- Gilman Jack Best. "Even'though munity apart.A compromise was we disagreed a lot. I always "Tom Hunt is an individual the only way to mitigate the dam- respected him for sticking by who has always been outspoken," age.Jones said. what he believed in.' Borchard said. Hunt's last bid for elected "In the campaign,he was very when he y Jones recalled that Hunt was office was two ears ago. straightforward about his beliefs. instrumental in the compromise y For the most art. I disagreed agreement that the taxpayers and was the Republican candidate for with him. But [part. I respected city officials signed larva nne Sun- Nueces Countv judge. him." day evening after a weekend of negotiations. "He was a worthy opponent. always dedicated to his opin- ions-." Jones said. "We disagreed on many issues.but we always got along. I remember the night we signed the compromise agree- ment, Tom had to borrow my glasses because he had left his at home." After leading the tax revolt, Hunt lost bids for mayor on the Taxpayers Party ticket in 1981 and for an at-large council seat in 1983. Hunt won a seat on the council in 1989, when he defeated two- term District 4 incumbent Linda Strong. Hunt lost a re-election bid in 1991 to Dr. David McNi- chols. A common theme ran through all of his campaigns —cut spend- ing at City Hall and reduce the tax burden on residents. "He worked tirelessly for everything he believed in;' O'Brien said. "He kept his word as a politi- cian, unlike most politicians of today." As an example. O'Brien said, Hunt in 1986 ran as a Republican candidate for Nueces County treasurer on a platform that he City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Thursday,August 13,2020 9:00 AM City Council Chambers Budget Workshop for Public Works, Engineering, Water Utilities, Solid Waste & Gas Operations A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:06 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 9- Mayor Joe McComb, Council Member Roland Barrera, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Ben Molina, Council Member Everett Roy, and Council Member Greg Smith C. BRIEFINGS TO CITY COUNCIL: 1. Proposed FY 2020 - 2021 Operating Budget for Public Works, Engineering, Water Utilities, Solid Waste & Gas Operations Mayor McComb referred to Item 1. Director of Public Works/Street Operations Richard Martinez presented information on the following topics related to the FY2020-2021 proposed budget for Public Works Street Operations: mission statement; about Public Works; organizational chart; FY2020 achievements; performance measures; Public Works Street Services; FY2020-2021 street maintenance and residential street reconstruction annual funding and funding sources; FY2021 street maintenance,street fund and residential street rebuild program proposed budgets and revenue sources; FY2021 enhancements 1, 25 35 4 and 5. Director of Public Works/Street Operations Richard Martinez presented information on the following topics related to FY2020-2021 proposed budget for Storm Water: storm water fee; mission statement; about Public Works Storm Water; organizational chart; FY2020 achievements; performance measures; services; FY2020-2021 Storm Water Operations'proposed budget and revenue sources; FY2021 enhancements 1,2, 3,45 55 6 and 7. City of Corpus Christi Page 1 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 13, 2020 Council members and Director Martinez discussed the following topics: frequency, cost and alternatives to median mowing; the use of wildflowers and xeriscaping; reducing maintenance requirements for medians;sources of funding for the$14.5 million dollars for the Shoreline Blvd./Ocean Dr. street rehabilitation project and that Street Preventive Maintenance Program (SPMP) funding is not being used for the project;the sufficiency of funding in the SPMP to carry out the program; conducting another evaluation of the condition of streets to obtain a new baseline;that seal coating has been replaced with overlayment; crack sealing;thanks to Director Martinez for making efficient use of funding; installation of crosswalks and corresponding timelines; decreasing the reoccurrence of potholes by changing the manner in which they are repaired;sinkholes on North Beach impeding access to public parking spaces; transfers to the Water Fund from the Stormwater Fund; addressing maintenance and capital needs and related costs; looking at utility bills as a whole; current and proposed professional services costs in the Streets budget and related SPMP contracts; performing more work in-house; design and geo-technical testing costs; and balancing in-house versus contracted work. Director of Engineering Services Jeff Edmonds presented information on the following topics related to the FY2020-2021 proposed budget for Engineering Services: mission statement; about Engineering Services; organizational chart; FY2020 achievements; performance measures;services;the FY2020-2021 Engineering Department's proposed budget and revenue sources. In response to a council member's question, City Manager Peter Zanoni discussed drawing down reserves. Director of Engineering Services Jeff Edmonds presented information on the following topics related to the FY2020-2021 proposed budget for the Capital Improvement Planning (CIP)Guide: FY2021CIP available resources distributed over major spending areas;funding sources versus funding uses; examples of CIP projects; and prior bond summary. A council member requested a report reflecting previously approved bond projects that have not been completed. Council members, City Manager Zanoni and Director Edmonds discussed the following topics: using the Capital Budget Book as a planning tool and having moved from the use of numerous contracted staff to in-house staff in the Engineering Department. Director of Water Utilities Kevin Norton presented the following information related to the proposed FY2020-2021 budget for Water and Wastewater: mission statement; and about Water Utilities. In response to a council member's question, Director Norton discussed the longevity of staff and the number that have licenses in the Water Utilities Department. Director Norton presented the following information related to the proposed FY2020-2021 budget for Water and Wastewater: that the department is a regional water supplier; an organizational chart; FY2020 achievements; performance measures;services; FY2021 water and wastewater rates; FY2021 City of Corpus Christi Paye 2 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 13, 2020 Water Utilities Department's proposed budget and revenue sources; FY2021 enhancements; and the FY 2021 Water and Wastewater CIP, including funding sources and project areas. Council members, Director Norton and Assistant Director of Support Services Reba George discussed the following topics: the number of years since the City's last boil-water notice; acknowledgment of City Manager Zanoni and Director Norton for reducing COVID-19 risks to City staff and crews;the reasons for an overall decrease in the amount budgeted for maintenance and repairs in the proposed FY20-21 Water Fund budget when compared to the FY19-20 budget; monies budgeted for professional services in the proposed FY20-21 proposed budget versus in the FY19-20 budget and what those services consist of; uncollectible accounts, how they are trending and their impact on water rates; how uncollectible accounts are calculated;the resources dedicated to collecting uncollectible accounts; the procedure used that leads up to the City turning off city utility services; preventive maintenance funding; and delineating preventive maintenance versus maintenance and repairs. Director of Solid Waste Services David Lehfeldt presented information on the following topics related to the FY2020-2021 proposed Solid Waste budget: mission statement; about Solid Waste Services; an organizational chart; FY2020 achievements; performance measures; services; and the FY 2021 Solid Waste Department's proposed budget and revenue sources. In response to council members'questions, Director Lehfeldt discussed the following topics: the financial cost versus return of the City's recycling program;the program's impact on the environment and related value; and environmental stewardship. Director Lehfeldt presented information on the following topics related to the FY2020-2021 proposed budget: FY2021 enhancement 1. In response to a council member's question, Director Lehfeldt discussed the use of compost for daily cover. Director Lehfeldt presented information on the following topics related to the FY2020-2021 proposed budget: FY2021 enhancement 2; and FY2021 proposed capital budget projects. Council members and Director Lehfeldt discussed the following topics: educating the public relating to the City's recycling program; how to determine the effectiveness of public education initiatives;that the contamination rate of recycled materials has been rising over the years; using the contamination level as a gauge regarding the success of the City's public education efforts; overtime budgeted and what it is used for;that overtime numbers are decreasing when compared to previous fiscal years; proper staffing levels in the department; weighing the cost of overtime versus the cost of additional personnel; the relationship between low wages offered by the City and the department's vacancy rate; the current vacancy rate; vacancies in sludge hauling;the new push-and-pack contract and the related amount budgeted in the current budget versus the FY20-21 proposed budget; brush pickup protocol after a hurricane or storm and what transpired after recent Hurricane Hanna; the phased approach of the protocol; and the importance of providing clear and timely instructions to the public after a hurricane/storm. City of Corpus Christi Page 3 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 13, 2020 Director of the Gas Department Bill Mahaffey presented the following information related to the Gas Department's FY2020-2021 proposed budget: mission statement; about the Gas Department; organizational chart; FY2020 achievements; performance measures;services; and the FY2021 Gas Department's proposed budget and revenue sources and CIP budget. Council members and Director Mahaffey discussed the following topics: specifics of the cathodic protection system; acknowledgment of the Gas Department having kept overtime low, maintenance and repairs in-house and costs down; providing gas service to new subdivisions; and that there has been an increase in salaries due to a competitive pay adjustment study having been conducted by Human Resources. D. ADJOURNMENT The meeting was adjourned at 11:51 a.m. City of Corpus Christi Page 4 Printed on 9/3/2020 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Thursday,August 20,2020 9:00 AM City Council Chambers Budget Workshop for Parks & Recreation, Libraries, and Health Department Operations A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:05 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 7- Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Ben Molina, and Council Member Greg Smith Absent 2- Council Member Roland Barrera, and Council Member Everett Roy C. BRIEFINGS TO CITY COUNCIL: 1. Proposed FY 2020 - 2021 Operating Budget for Parks & Recreation, Libraries, and Health Department Operations Interim Director of Parks &Recreation Tracey Cantu presented information on the following topics related to the Parks &Recreation Department: mission statement; about Parks and Recreation; an organizational chart; FY2020 achievements; performance measures;services;the FY2021 Parks and Recreation proposed General Fund, Enterprise Fund, Special Revenue Fund and Grant Fund budgets and revenue sources; FY2021 enhancements; and the FY2021 proposed capital budget. Council members and Interim Director Cantu discussed the following topics: the status and timeline of the Cole Park Pier rebuild, including funding sources;sources of funding for meals provided by Parks and Recreation; programming offered for youth during the COVID-19 pandemic;staffing related to after hour kid power(formerly latchkey); the current status and future of the golf program;the aquatics manager;funding for aquatics in the Capital Improvement Plan; given the COVID-19 pandemic,the expected participation rate in the after hour kid power program in FY20-21, given the COVID-19 City of Corpus Christi Page 1 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 20, 2020 pandemic;funding for aquatics;the status of the City's senior centers and seniors themselves during the COVID-19 pandemic; the City's outreach efforts to seniors; changes to Park and Recreation's mowing cycles;the status of the meals-on-wheels program; how COVID-19 funding can be utilized to sustain the meals-on-wheels program; maintenance of baseball parks;funding for Parker Pool in relation to Parker Pool's continued operation;the status of and funding sources for the installation of shade structures in Sherrill Park;the estimated completion date of the rebuild of Cole Park Pier; a council member's desire to have an appropriate ceremony for the unveiling of a sign related to the change of name to Sherrill Veterans Park; and the status of and costs associated with the planned erecting of the sail of the former USS City of Corpus Christi submarine in Sherrill Park. Director of Libraries Laura Garcia presented information on the following topics related to Libraries: mission statement; about library services; an organizational chart; FY2020 achievements; performance measures;services; FY2021 proposed Library budget and revenue sources; enhancements 1,2 and 3; and FY2021 proposed capital budget projects. Council members and Director Garcia discussed the following topics: the volume and availability of digital services and apps;that free wi-fi is available and public libraries; utilizing curbside service; patrons being able to access the internet via the libraries'computers; patrons' use of library laptops; and the status and anticipated cost of re-roofing the La Retama Central Library. Director of the Health District Annette Rodriguez presented information on the following topics related to the Health District: mission statement; about Public Health; an organizational chart; FY2020 achievements; performance measures; public health services;the FY2021 Health District's proposed budget and revenue sources; enhancement 1; and the FY2021 proposed capital budget projects. Council members and Director Rodriguez discussed the following topics: submitting COVID-19-related reimbursement requests to the federal government;the status of a COVID-19 vaccine; the number of flu vaccines ordered by the Health District,when they are expected to arrive,what they will cost and the price the Health District will charge to administer a flu vaccine; the number of free flu vaccines given by the Health District last year; challenges associated with some of the employees of the Health District being county employees; potentially transitioning all employees to either be all City or all County employees; the benefits of having a combined City/County Health District, particularly as has been evidenced during the COVID-19 pandemic; long-term plans and funding sources for mental health;the purpose of the Medicaid Waiver 1115 fund related to obesity and associated planned expenditures in FY20-21; the importance of everyone receiving the flu vaccine; the good relationship between the City and County at the Health District; and funding for mental health and intellectual disabilities. D. ADJOURNMENT The meeting was adjourned at 11:00 a.m. City of Corpus Christi Paye 2 Printed on 9/3/2020 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Thursday,August 27,2020 11:30 AM City Council Chambers Budget Workshop for Airport Operations, American Bank Center, Convention &Visitor's Bureau and Hotel Occupancy Tax Fund NOTE: This meeting will start late. It will begin following the TIRZ No. 4 meeting, which is scheduled to start at 11:15 a.m. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 1:16 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Council Member Roy arrived at 1:19 p.m. Council Member Barrera arrived at 1:30 p.m. Present 9- Mayor Joe McComb, Council Member Roland Barrera, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Ben Molina, Council Member Everett Roy, and Council Member Greg Smith C. BRIEFINGS TO CITY COUNCIL: 1. Proposed FY 2020 - 2021 Airport Operations, American Bank Center, Convention & Visitor's Bureau, and Hotel Occupancy Tax, and potential FY 2021 Proposed Budget adjustments as a result of Community Input. Assistant Director of Aviation for Administration Kevin Smith presented the following information related to the Aviation Department: Airport Board members, mission statement; about the Aviation Department; air service task force; an organizational chart; FY2020 achievements; performance measures; services;the FY2021 Aviation Department's proposed budget and revenue sources; and enhancements 1 and 2. Assistant Director of Aviation for Operations Tyler Miller presented the Aviation Department's FY2021 proposed capital budget projects. City of Corpus Christi Page 1 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 27, 2020 Council members,Assistant Directors Smith and Miller and Chairman of the Airport Board Jay Wise discussed the following topics: enplanement trends in relation to COVID-19;the airport's impact in jobs, payroll and on the regional economy;that three of the four major US carriers continue to operate at the Corpus Christi International Airport(CCIA); that one of the two fixed-base operators (FBO) has left the airport;the status of the agreement with the remaining FBO; the need to have more than one FBO in relation to services and pricing considerations; actions taken in relation to and the impact of recent Hurricane Laura on the CCIA's operations; and the status and future of concessionaires and gift shops at the CCIA. General Manager of the American Bank Center Matt Blasy, presented information on the following topics related to the American Bank Center(ABC): mission statement; about the ABC;the impact of COVID-19; an organizational chart; FY2020 achievements; performance indicators; FY2020 proposed budget and revenue sources; and FY2021 enhancements 1, 2 and 3. Council members, Mr. Blasy and the President and Chief Executive Officer of Visit Corpus Christi Brett Oetting discussed the following topics: the effect of the Ice Rays suspending operation due to COVID-19; options to accommodate large gatherings and required social distancing;the future of big events in the near and long term; using breakout spaces in the ABC; attracting Broadway and off-Broadway performances;the percent of the ABC's business that is comprised of local events; and re-building consumer confidence in relation to attending events at the ABC. President and Chief Executive Officer of Visit Corpus Christi Brett Oetting presented information on the following topics related to Visit Corpus Christi: hotel occupancy tax(HOT) rate and related details, including the recent addition of collecting hotel occupancy taxes on short-term rentals; FY2021 proposed budget and revenue sources; major uses of HOT in FY2021; about Visit Corpus Christi; FY2020 achievements; performance measures;the Executive Committee and Board of Directors; an organizational chart; FY2021 strategy; and destination next. Council members and Mr. Oetting discussed the following topics: funding for the American Bank Center as presented in Mr. Blasy's budget presentation versus in the City's proposed budget;short-term rentals revenues and related collection of taxes; addressing the existence of short-term rentals in certain zoning designations in the city;the impact of short-term rentals on solid waste pickup in residential neighborhoods;short-term rentals in single-family residential zoning districts;short-term rentals and their cancellation policies; and recent efforts to accommodate evacuees in Corpus Christi who were fleeing Hurricane Laura. Director of Management and Budget Eddie Houlihan presented information on the following topics related to the FY20-21 proposed city budget: summary of the Council workshops held; 5 public input sessions were conducted; an enumeration of citizens'concerns/comments from each of the 5 city council districts; a summary of public input sessions;the City Manager's recommended additions to the FY20-21 proposed city budget based on community input sessions and related funding sources; and staff amendments to the budget in the Enterprise, Internal Service, Debt and Special Revenue Funds. City of Corpus Christi Paye 2 Printed on 9/3/2020 City Council Workshop Session Meeting Minutes August 27, 2020 Council members, City Manager Peter Zanoni and Director Houlihan discussed the following topics: debt in the Stormwater Fund; a request from a council member for more information regarding Internal Service and Community Enrichment Funds;thanks to City Manager Zanoni for the FY20-21 proposed budget;the success of past Solid Waste Services'clean up events and a request from a council members for additional such events; purchasing the Frost Bank Building in lieu of continuing to pay rent; an upcoming executive session to consider purchasing the Frost Bank Building at no cost; using the fund balance to make improvements to the Frost Bank Building;thanks to City Manager Zanoni for holding public input sessions on the City's FY20-21 proposed budget;the cost and timing of a master plan with respect to addressing stormwater fees; the addition of two new Code Compliance Inspectors in the Development Services Department,their duties and how they differ from existing Code Enforcement Officers; the total number of Code Compliance Inspectors needed; developing a master plan that will comprehensively address Water, Wastewater, Stormwater and roads, unifying and consolidating these areas into a single plan; maintaining appropriate fund balances in accounts where the fund balance is being drawn down;that the City's credit rating has improved three times over the last 15 months;the timing of COVID-19-related reimbursements, including how much in reimbursements the City has received to date and how much can be applied to FY19-20; offering assistance/aid/help to Louisiana, assistance offered to date and proactively reaching out to Louisiana to offer the City's assistance in relation to Hurricane Laura; and that the first reading of the City's FY20-21 proposed budget will be on September 8,2020 followed by the second reading on September 15,2020. D. ADJOURNMENT The meeting was adjourned at 3:19 p.m. City of Corpus Christi Page 3 Printed on 9/3/2020 BUILDING STANDARDS BOARD Five(5)vacancies with terms to 03/03/23,representing the following preferred but not required categories:1-General Contractor,1-Lawyer,2-At Large and 1- Home Builder. Duties The Building Standards Board hears appeals under the Building Standards and Housing Code,which shall be construed to secure the beneficial interests and purposes of safety,health,and general welfare,through structural strength,stability,sanitation,adequate light and ventilation,and safety to life and property from fire and other hazards incident to the construction,alteration,repair,removal,demolition,use and occupancy of buildings or structures. Composition Seven(7)members,each of whom shall be a resident of the city.Membership in one or more of the following categories is preferred but not required:lawyer,realtor, architect,engineer,general contractor,home builder,or building materials dealer and remaining members at large from the residents of the city who are homeowners. Appointed by the City Council for three-year staggered terms. Elects its own chairman. Member size Term Length Term Limit 7 3 Years 6 Years Appointing AttendanceName District Term Appt.date End date Authority Position Status Category Exceeded the number of absences allowed by Joel E De La Garza District 4 1 11/17/2015 3/3/2020 City Council ordinance Lawyer Exceeded the number of absences allowed by Lee R.Hassman District 5 1 1/20/2015 3/3/2020 City Council ordinance Member At-Large *Lillian T Helms District 2 Partial 3/27/2018 3/3/2020 City Council Seeking reinstatement General Contractor 3/5 meetings 60% Exceeded the number of absences allowed by Dante C Miller District 5 2 3/4/2019 3/3/2022 City Council ordinance Home Builder Exceeded the number of absences allowed by Navid Zarghooni District 4 1 4/23/2019 3/3/2022 City Council ordinance Member At-Large Craig Loving District 2 2 3/24/2015 3/3/2021 City Council Active I Member At-Large Tim Honea District 5 2 3/24/2015 3/3/20211 City Council Vice-Chair Active I Home Builder *Ms.Helms is seeking reinstatement.She was unable to attend two meetings due to work trips.She stated she works for a new company and is now able to attend the meetings. 9-8-2020 BUILDING STANDARDS BOARD Applicants Name District Category At-Large Pete G. Cavazos District 2 General Contractor At-Large David Foster District 5 General Contractor At-Large Loretta Graham District 3 Lawyer At-Large Art A Ramirez District 5 General Contractor CITY OF CORPUS CHRISTI Submit Date:Aug 12, 2020 Application for a City Board, Commission, Committee or Corporation Profile Pete G. Cavazos Firs Name "hCcle-n,._, Las[tiame Email Address 337 Primrose sr et Aadr ss Corpus Christi TX 78404 What district do you live in? W District 2 Current resident of the city? r• Yes r' No If yes, how many years? 52 Mobile: (361)960-8420 Home: (361) 960-8420 p--a"/,,-Cre kti r Cubit Consulting LLC Principal/Owner Work Address - Street Address and Suite Number 555 N. Carancahua, suite 700 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Pete G. Cavazos Page 1 of 5 Work Phone 361-881-9040 Work E-mail address pcavazos@edrachal.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD: Submitted CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Building Code Board of Appeals,which will be elimated and combined with a new Construction Trade Advisory&Appeals Board. Education, Professional and/or Community Activity (Present) Associates Degree in Architecture, Certified Building Code Official, Building Inspector, Plans Examiner, Coastal Construction Inspector and Fire Inspector. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Construction Trade Advisory&Appeals Board. Why are you interested in serving on a City board,. commission or committee? I'm am a certified building code official through the international building code council. I specialize and have been practing building code enforcement for the past 25 years. I feel my experience and education will help reslove any issues or clarification for the building board code of appeals. Are you an ex-Officio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. if you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (.- Yes c No Pete G. Cavazos Page 2 of 5 Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (- No Does your employer or your spouse's employer have a City contract? r Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) )n wo,ies.., ANrAIRc� KAPC The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? k J General Contractor Pete G. Cavazos Page 3 of 5 Quesron applies to BUILDII,4G STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes (- No Quest,on applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? " W General Contractor Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Pete G. Cavazos Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Pete G. Cavazos Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 12, 2020 Application for a City Board, Commission, Committee or Corporation Profile David Foster First Name Last Name Email Address 4714 Tiara Ln Street Address Corpus Christi TX 78415 City State Postal Code What district do you live in? 17 District 5 Current resident of the city? 0 Yes r No If yes, how many years? 7 Mobile: (817) 832-6749 Business: (361) 855-7663 Primary Phone Alternate Phone Work Address-Street Address and Suite Number 5866 S Staples St. Work Address-City Corpus Christi Work Address-State Tx Work Address-Zip Code 78413 Work E-mail address Info@harborconstruct.com David Fnstpr Panp 1 of 5 Preferred Mailing Address V Work Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD: Submitted CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not currently Education, Professional and/or Community Activity(Present) Construction industry If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Adjustment Why are you interested in serving on a City board, commission or committee? To be more involved in the development and future of Corpus Christi Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender Pr Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No David Fester Pane 2 of 5 Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? V General Contractor Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r No David Foster Panp 3 of 5 Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? P General Contractor Verification City Code Requirement- Residency As a board,commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. �J I Agree David Foster Panp 4 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree David FoStPr Pane 5 of 5 CITY OF CORPUS CHRISTI Submit Date:Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Coretta Graham rst dame '._aci'jamp Email Address 5617 Bonner Dr .�,ree[Address Corpus Christi TX 78412 What district do you live in? W District 3 Current resident of the city? (-. Yes r No If yes, how many years? 18 Mobile: (361)815-8346 Business: (361) 723-1530 ?,=mirk 4iter hrn9 Self employed Lawyer -'nc r Work Address - Street Address and Suite Number 3206 Reid dr ste 105 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 Coretta Graham Page 1 of 6 Work E-mail address grahamlegalservices@yahoo.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS &CULTURAL COMMISSION: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL& PREVENTION DISTRICT: Submitted PLANNING COMMISSION:Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted CORPUS CHRISTI B CORPORATION:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 17hurgood Marshall School of Law 2. State Bar of Texas 3.CC Black Chamber of Commerce 4.Junior League of Corpus Christi 5. Leadership CC class of 34 6. Delta Sigma Theta Sorority Inc. CC Alumnae chapter If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1.Job/Business corporation 2. B Corporation 3. Convention &Visitors Bureau 4. Regional Health committee 5. Planning Commission Why are you interested in serving on a City board, commission or committee? As a tax paying citizen and small business owner, i want more involvement in city matters that impact my life Coretta Graham Page 2 of 6 Are you an ex-Officio member of a City Board, commission or committee? r Yes r: No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (-. Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N,A. N/A Coretta Graham Page 3 of 6 Board-specific questions (if applicable) QLteston applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Economic Development/Tourism • Business Development Groups/Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? J Lawyer Quest on applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r. Yes r- No Questcn appiies to CORPUS CHRIST!CONVENTION i VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry ,ues'on aoiDoes ADI,SUR`/:Gti1b11SSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes (.- No `'est on apoll S'C'*1L LIP 70a�C:S Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Coretta Graham Page 4 of 6 Quest or applies to PLANMING CON MISSIOM,CORPUS CHRISTI B COR PO RATIOS CORPUS CF-RISTI BUSINESS AMD SGB DEtiELOPME:NT CORPORATION Are you a registered voter? (-. Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. i hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Coretta Graham Page 5 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Coretta Graham Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date:Apr 15, 2020 Application for a City Board, Commission, Committee or Corporation Profile Art A Ramirez I rs;Na.^e fA,a le Indiai Las;Name Lmaii Address 6122 Jakes Wake Run S!r.=et Address Corpus Christi TX 78414 What district do you live in? W District 5 Current resident of the city? r• Yes r No If yes, how many years? 12 Mobile: (361) 813-6520 Business: (361)444-4424 P—ari P.une A:,er,ata hone Torobilt Corporation, LLC. Chief Executive Officer Work Address - Street Address and Suite Number 6537 S Staples St, Ste 125-324 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78413 Art A Ramirez Page 1 of 5 Work Phone 3614444424 Work E-mail address info@torobilt.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD: Submitted Interests & Experiences Are you a registered voter? (-- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors Degree in Management, General Contractor for Torobilt Corporation, LLC. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Building Standards Board Why are you interested in serving on a City board, commission or committee? In a time when major changes are occurring for our city,for both present and the future, I feel that it is important to have competent decision makers on our boards. I know that I can effectively contribute to the Building Standards Board based off of my knowledge of construction, my education, and and having a clear grasp of necessity rather than wants. I understand the practices and routine of being on a board. I have served as a board member for the Better Business Bureau, Coastal Bend Home Builders Association, and the Children Advocacy Center of the Coastal Bend. I know that I can help make a difference by being on the Building Standards Board. Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No Art A Ramirez Page 2 of 5 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter Ni A. N/A Board-specific questions (if applicable) Art A Ramirez Page 3 of 5 west=on applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Question applies to BGILDiNG STAtjDARDS BOARD Are you a Homeowner in the City of Corpus Christi? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Art A Ramirez Page 4 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Art A Ramirez Page 5 of 5 Art Ramirez 6122 Jakes Wake Run Corpus Christi,TX 78414 Email: art@torobilt.com 361-813-6520 General Contractor Education: Bachelors Degree-Management(University of Phoenix)-Completed Associates Degree-Information technology(Odessa College)—Completed Past Board Member of the following: Better Business Bureau Coastal Bend Home Builders Association Children's Advocacy Center of the Coastal Bend Professional Skills: 1. 8 years experience in Construction Management and Supervision 2. 8 years experience in Administrative Management and Supervision 3. 9 years experience in Information Technology 4. Ability to read and implement schematics, drawings and blue prints 5. Ability to oversee and manage multi-million dollar projects from start to finish 6. Capable of managing budgets, inventory, and work schedules 7. Excellent documentation, analyzing, and troubleshooting skills 8. Excellent communication skills(both verbally and written) 9. Strong coordination and project management skills 10. Sales, purchasing, and inventory experience Work Experience: Torobilt Corporation, LLC. Position: Chief Executive Officer Dept: General Contracting 1. Manage all upper management staff including Super Intendent, Project Managers, and Field Supervisors. 2. Oversee all financials, budgets, and estimates. 3. Manage all administrative phases of project from new client acquisition, estimates, bidding, drawings, budgets, RFIs, submittals, change orders, invoices, OSHA safety logs,JSAs, permits and schedules. Summit Construction,LLC. (2014—2018) Position: Construction Superintendent Dept: Industrial, Commercial and Residential Operations 1. Managed on-site operations for all phases of project from conception to build-out to completion. 2. Managed 10 employees and 85+subcontractors 3. Managed all administrative phases of project from new client acquisition, estimates, bidding, drawings, budgets, RFls, submittals, change orders, invoices, OSHA safety logs,JSAs, permits and schedules. Navy Army Community Credit Union (2012-2014) Position: Information Systems Server Administrator Dept: Information Technology Primary Duties: 1. Management of Mainframe Servers 2. Systems Security 3. Systems Software Management Celanese International Corp(May 2010—2012) Position: Process Engineering Specialist Dept: Process Engineering Primary Duties: 1. Project development team—Sole person in charge of IT strategies 2. Project Supervisor in charge of coordinating, planning, and monitoring PCN upgrades 3. Provide technical guidance to Operators throughout the refinery 4. Provide support for both software and hardware involving DCS, PCN, and LCN 5. Trained operators and instrument technicians on operations and new technology Overall obtained knowledge: Construction Management, Safety, Osha Requirements, Information Technology, Cost control, Purchasing, Budgeting, Primavera,SAP, Microsoft Office,Adobe Suite,Timeline Management, Specs and Schematics, Engineering schematics,flow charts, Material take offs and logging, permits and code enforcement, and Quality Control. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Public Hearing/First Reading for the City Council Meeting August 25, 2020 1852 Second Reading Ordinance for the City Council Meeting September 8, 2020 DATE: July 27, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361)826-7011 Voluntary Annexation of 385.802 acres in the London Area CAPTION: Ordinance annexing approximately 385 acres of land at or near the intersection of FM 43 and CR 33 into the territorial limits of the City of Corpus Christi SUMMARY: Upon request by the landowners, this ordinance annexes approximately 385.802 acres of land that will be developed by MPM Development LP with multi-family residential and commercial lots in the area north of Farm-to-Market (FM) 43, west of Hwy 286, and east of County Road (CR) 33. Staff recommends approval of the annexation. BACKGROUND AND FINDINGS: Description of the Request The landowners (The London Proper LLC, The Joseph D. Cox Trust, Bill J. Brown, Reagan Travis Brown, and Alyssa A. Brown McCoy) requested annexation and rezoning of their land, being approximately 385.802 acres of land located on the southside of the Oso Creek to the west of Highway 286, north of FM 43, and east of County Road 33. At full buildout, MPM Development plans to create 1,550 multi-family units on 58 acres and the remaining 330 acres are proposed for commercial uses. The current use of the land is farming with no residential units. As required by State law for annexation, the subject property is contiguous to the current City limit line where it abuts the London Towne subdivision and City of Corpus Christi owned land. City Services to Subject Property The landowners have agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is served by an existing 16-inch City water line in FM 43 and a future water line that will be installed with CR 33. A City wastewater line will be available to the subject property through the newly constructed lift station located to the north of the annexation area. The developer will have to construct three City master planned streets that will connect the developed area to FM 43, Hwy 286, and CR 33. The developer will construct drainage improvements in accordance with the City Stormwater Master Plan for this area that was adopted by City Council in April 2017. In its initial phases, the proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Libraries are needed. Analysis of the Request Annexation: In order to make a recommendation on the annexation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and any need to expand City facilities. No City-funded expansions are necessary during the initial phases of the project. Other benefits to consider include gaining the authority to prohibit the development of incompatible land uses through zoning, which protects property values and quality of life; the authority to ensure development meets City standards in an area already served by City infrastructure; and the authority to prohibit On-Site Sewage Facilities (septic systems) in an area close to the Oso Creek where City wastewater lines will be available. London Area Development Plan (Future Growth and Development Costs) The London Area Development Plan was approved by City Council in March of 2020. Within that plan it identifies capital improvements that would be required to meet the growth and development demands of the London area. These improvements were identified in three groupings based on estimated timelines in when they may be needed to support growth (Short-Term 1-5 years), (Mid- Term 5-10 years), and (Long-Term 10+ years), these project lists and maps can be found in the London Area Development on pages 35-41 (attached to item). Development pressure on city resources is relatively low during the initial phases of development over the next one to five years but will steadily increase as the number of households increases. Public Safety will be monitoring the situation but is planning for an additional fire station that would be needed within the FM 43 (Weber Road) corridor in the next 5-10 years along with an additional station along the Staples Street corridor in the 10+ year range. Fire station costs are estimated at 7 - 10 million dollars. The Police Department will also be monitoring the development but anticipates that an additional police beat, which includes five officers and two vehicles, will be needed once a certain population threshold is reached. The nearest police substation is located at Greenwood and Holly. The additional population growth to this area along with the growth to the southside is going to require an additional police substation in the near future. The Utilities Department is actively making improvements to the Greenwood Wastewater Treatment Plant which currently serves this area. Improvements are planned now to improve the efficiency of the plant, but there will also be the need to design and build an expansion to the plant to serve the entire London area. The plant expansion is still several years away but will be a major cost to the city if we continue to grow and expand the city limits in this area. Council Action History and Future Council Actions The proposed annexation is contiguous to the new City limits established in September of 1995 with the City's Annexation of the area currently operated as the Elliot Landfill and in July 2019 with the City Council's approval of Braselton Homes' request for voluntary annexation of 161.56 acres for the future "London Towne" subdivision located on County Road 33 north of the London ISD schools. In order to develop lots connected to City wastewater lines rather than septic systems, Braselton Homes constructed a wastewater lift station in accordance with the City's Wastewater Master Plan that was approved by the City Council in May 2018 to bring sewer across the Oso Creek to serve this area. The subject tract proposed for annexation lies entirely within the service area of the recently constructed wastewater lift station. At the conclusion of the second reading with City Council approval the entirety of the subject property will be within the city limits of Corpus Christi. The area will be subject to all rules and regulations of the City and will have access to City services as provided to other properties within the city limits. ALTERNATIVES: No other alternatives to the developer's request for annexation were considered. FICAL IMPACT: There is no fiscal impact associated with this item RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan and Rezoning Exhibits Landowners' Petition for Annexation Presentation London Area Development Plan Ordinance annexing approximately 385 acres of land at or near the intersection of FM 43 and CR 33 into the territorial limits of the City of Corpus Christi WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on August 25th, 2020, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and posted on the City's Internet website, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 385.802-acre tract of land, more or less, described by metes and bounds and a survey map in Exhibit D and Exhibit E, generally located to the north of FM 43, and west of County Road 33 is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. 1 of 7 SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm-Rural District. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. This ordinance is effective upon passage on second reading. 2 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 MURRAY BASS,.1R., P.E.,R.P.L.S. 3054 S. ALAMEDA, ziP 78404 NIXoN M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAx 361 882-1265 www.bass-weish.com e-mail: murrayjr@aoLcom e-mail: nixmw]@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B-Annex.doc Annexation Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 385.802 acre tract of land,more or less, a portion of Lot or Section "D", Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15, Map Records,Nueces County,Texas and being all of a 298.57 acre tract of land described by deed in Document No.2020019585,Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No.2015011169,said official records,said 385.802 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod with plastic cap labeled Bass and Welsh Engineering found for the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68, Page 824, said map records,said beginning point for interior southwesterly corner of the tract herein described; THENCE S89°08'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official retards, to 518" iron rod found in the east right-of-way line of County Road 33 for the upper southwest or westernmost corner of the tract herein described; THENCE N20°12'50"E 1172,65'along said east right-of-way line of County Road 33 to a 5/8"iron rod set for the northernmost west corner of the tract herein described; THENCE N89°13'29"E 2457.23'along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523, Page 394, Deed Records of said county, to a 5/8" iron rod set for the southeast corner of said 1.77 acre tract,west central interior corner of the tract herein described and northeast corner of said 89.168 acre tract in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18°00'59"E 1896.77'to a 5/8" iron rod found for the northwest corner of said 298.57 acre tract and westernmost north corner of the tract herein described in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°0641"E 2664.86' to a 1"iron pipe found for easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17°52'10"W 1568.11'along a south central boundary line of said 308.99 acre tract to a 5/8" iron rod found for east central interior corner of the tract herein described and south central corner of said 308.99 acre tract; EXHIBIT "D" Page 1 of 2 Metes and Bounds Description,385.802 Acre Tract,May 14,2020,Continued: THENCE N89°23'24"E 1.863.69'along a southeast boundary line of said 308.99 acre tract to a 518"iron rod found in the west right-of-way line of State Highway 286 (Chapman Ranch Road)for the northernmost east corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17°50'11"W 1125.47' along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S17°55'02"W 25.06'along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE 521'35'08"W 56.77'along said west right-of-way line of State Highway 286 to a 518"iron rod found at the point of curvature of a circular curve to the left having a central angle of 11°23'16",a radius of 4179.72', and a chord bearing S15'21'38"W 829.37'; THENCE along said west right-of-way line of said State Highway 286,being along said circular curve to the left,a distance of 830.74'to a TxDOT monument with brass disk found for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43)S48°50'10"W 77.88'to a TxDOT monument with brass disk found for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89a12'35"W 6395.42' along said north right-of-way line of Weber Road to a 5f8"iron rod found for right-of-way line corner of said Weber Road and lower southwest corner of the tract herein described; THENCE N20°11'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 385.802 acre tract being attached hereto as Exhibit"E". ixon M.Welsh,R.P.L.S. OF ,'.... N1 �M.W tSH . ..... , 2211 Y, ,e `,��1► �p�► 0 �f,�;•,ass � O SUR�� EXHIBIT "D" Page 2 of 2 PORTION SECT. "D°, LAURELES FARM TRACTS, V. 3, P. 15, M. R., DOC. NO. 2012027694, -- -----� O.R.. DALE ROFF, 1.06 AC—G CL CR 33 MOKRY ESTATES V, 68, P. 824, M. R. o !1 s N co s 0 400' 800' 1600' u, '� SCALE: 1'= 800' I ro 10 %00 co Q" O 1, 77 AC, TRACT, MAGGIE fU Z CARLISLE, ET AL, V, 41 1523, P. 394, D. R. c� W ro � O n N 1� REMAINDER OF 173, 21 AC. TRACT MICHAEL C7 m (� m MEANEY, ET AL, DOC, NO. 2005062830, O. R. , AND JOSEPH MEANEY AS TRUSTEES, a DOC. NC. 2019022574, D. R, wLn ` p n z :-' BRASELTON DEVELOPMENT O N m O w CO. , DOC. NO. E] 2019028160,O. R. , 8. 68 AC. 40 Z BRASELTON DEVELOPMENT CO. , LTD, DOC. NO. O G 1 O Z SIg,Q 2019002524, 0. R. ,21. 76 AC. 11 D —{ r o^ I (7 SCJ ' 7 OD N o{ {-} m1$'00 3g• efr a o CL FM 43 I R) C/v 1 '9 Mir 41 (WEBER ROAD)—.,I � T ZQN 6' X71 ``'� I 699 qC co AA SIco Z W M I cu �8g6. W- 919, iO d $� W CG2 ZONING TRACT, 286, 800 AC, pa m I � ID NOTE: THE OVERALL TRACT SHOWN A HEREON ( SUM OF THREE ZONING z m I � TRACTS SHOWN) = ANNEXATI❑N TRACT = 385. 802 AC. o 2 < Z 1) s� l0 r co ©� �jrr Is6a• 11, N �IMIr I N AO 2 I W� EXHIBIT 'E' I sal•3 , w a ©h SKETCH TO ACCOMPANY METES ss. �8•1, 0 4 . n AND BOUNDS DESCRIPTIONS SI�° 1'=800' S48'50' 10'W 77. 88' 2$�6 2• OW �p BASS AND WELSH ENGINEERING D=11'23' 16' 3• t0 CORPUS CHRISTI, TX R=4179. 72' `, a o SURVEY REG. N0. 100027-00, TX T=416. 74' nn ENGINEERING REG, N0, F-52, FILE: L=830. 74' CL SH 286 EXB-ZONING, JOB NO. 16014, CH=829, 3T C CHAPMAN RANCH �� SCALE: 1" ffi 800' PLOT SCALE: SAME, PLOT DATE: CR=S15. 38'W ROAD), ROW WIDTH VARIES 5/14/20, SHEET 1 OF 1 RE EIVED MAY 2 6 2020 aly SECRETARY'S OFFICE MURRAY BASS, JR., P.E.,R.P.L.S• 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjrCaol.com e-mail: nixmwI@gmail.com SASS & WELSH ENGINEERING Engineering firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 15,2020 16014-Annexation.doc ANNEXATION APPLICATION Avery Oltman,City Planner City of Corpus Christi P.O.Box 9277 Corpus Christi,Texas 78469-9277 Subject: Annexation Tract,Portion Section"D",Laurcles Farm Tracts,385.802 Acres,State Highway 286 (Chapman Ranch Road)at FM 43(Weber Road)at County Road 33,Nueces County,Texas Please consider this letter as aur request for annexation by the City of Corpus Christi for the subject site. The dimensions and boundaries of the property, proximity to existing utilities, zoning,etc. are shown in the attached Voluntary Annexation Application and Checklist. SIGNATURES Bill J.Brown Bobak Mostaghasi,Managing Member The London Proper,LLC 5 West Bar-Le-Doc Corpus Christi,Texas 78414 if Reagan Travis Brown Joseph Lienholder, The London Proper,LLC property L� Alyssa A Brown McCoy Mailing address for above Browns and McCoy: P.O.Box 8229 Corpus Christi,Texas 78468 ADDENDUM TO CITY OF CORPUS CHRISTI: REZONING APPLICATION DISCLOSURE OF INTERESTS 1. Bill J.Brown Reagan Travis Brown Alyssa A Brown McCoy Mailing Address For Above Browns&McCoy P.O.Box 8229 Corpus Christi,Texas 78 8 2. Bobak Mostaghasi,Managing Member The London Proper,LLC 5 West Sar-Le-Doc Corpus' risti..Texa978414 3. Joseph D.Cox,Tru.tgcef6r Lien on Property owned by The London Proper,LLC MURRAY BASS, JR., P.E.,R.P.L.S. 30.54 S. ALAMEDA, zip 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-weish.com e-mail: murrayjr@aol.com e-mail: nixmwl<ygmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 15,2020 16014-Annexation.doc ANNEXATION APPLICATION Avery Oltman,City Planner City of Corpus Christi P.O.Box 9277 Corpus Christi,Texas 78469-9277 Subject: Annexation Tract,Portion Section"D",Laureles Farm Tracts,385.802 Acres,State Highway 286 (Chapman Ranch Road)at FM 43(Weber Road)at County Road 33,Nueces County,Texas Please consider this letter as our request for annexation by the City of Corpus Christi for the subject site. The dimensions and boundaries of the property, proximity to existing utilities, zoning, etc. are shown in the attached Voluntary Annexation Application and Checklist. SIGNATURES Bill J.Brown Bobak Mostaghasi,Managing Member The London Proper,LLC 5 West Bar-Le-Doc Corpus Christi,Texas 78414 Reagan Travis Brown Joseph D.Cox Lienholder The London Proper,LLC property Alyssa A Brown McCoy Mailing address for above Browns and McCoy: P.O.Box 8229 Corpus Christi,Texas 78468 ADDENDUM TO CITY OF CORPUS CHRISTI: REZONING APPLICATION DISCLOSURE OF INTERESTS 1. Bill J.B own Reagan Travis Brown Alyssa A Brown McCoy Mailing Address For Above Browns&McCoy P.O. B Ix 8229 Corpus Christi,Texas 78468 2. Bobak Mostaghasi,Managing Member The London Proper,LLC 5 West Bar-Le-Doc Corpus Christi,Texas 78414 3. Joseph D.Cox,Trustee,for Lien on Property owned by The London Proper,LLC MURRAY BASS,JR.,P.E.,R.P.L.S. 3054 S.ALAMEDA,zip 78404 NIXON M.WELSH,P.E.,R.P.L.S. 361 882-5521—FAX 361 882-1265 www.bass-welsh.com e-mail:murrayirna.aol.com e-mail: nixmwl g-mail.com BASS & WELSH ENGINEERING Engineering Firm Reg.No. F-52 Surveying Firm Reg.No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 May 15,2020 VOLUNTARY ANNEXATION APPLICATION AND CHECKLIST This application is made on behalf of The London Proper, LLC, 5 West Bar-le-Doc, Corpus Christi, Texas 78414, 361-549-7818, Bobak Mostaghasi, Managing Member and Joseph D. Cox, Trustee for lien on land of the subject site owned by said The London Proper, LLC and Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy,P.O.Box 8229,Corpus Christi,Tx 78468,779-2009. The proposed 385.802 acre annexation tract (see metes and bounds property description and surveys thereof attached hereto)is 1)under contract for sale to said The London Proper,LLC or 2)owned by said The London Proper,LLC. The engineer associated with this annexation is Nixon Welsh,P.E.,Bass&Welsh Engineering,P.O.Box 6397, Corpus Christi,Texas 78466,882-5521. 1. This document is attached to a signed letter of petition for the proposed 385.802 acre annexation tract. Also attached are deeds into the petitioners of which the subject tract is a portion. 2. This annexation petition is made in accordance with Chapter 43 of the Local Government Code,43.001, 43.001(4),43.014,43.028,43.054.The 385.802 acre tract herein petitioned for annexation meets all of the above described Chapter 43 citations. 3. This request is made so that all of the benefits of being within the City limits will be achieved for the coming development of the property. 4. Currently the land is vacant and is being farmed.There are no residences on this land. 5. Utilities:There are 16"City water lines in frontages of the property on FM 43 and SH 286.A 16"water line is proposed to be constructed in the CR 33 frontage of the property in the very near future.Waste water service is available via the new lift station and 18"and 21"gravity mains just recently constructed in and near County Road 33.Streets will be public and constructed according to usual City standards.A storm water system consisting of pipes and ditches according to the master drainage plan will be installed,draining the site to the Oso Creek.Sanitary sewer and water service will be provided by the City of Corpus Christi. 6. Upon annexation,99.002 acres are proposed to be zoned CN-1 Neighborhood Commercial District and 286.800 acres are proposed to be zoned CG-2 General Commercial District. These are shown by metes and bounds descriptions and sketch attached hereto. 7. Proposed land use is commercial according to the proposed zoning districts. Nixon M. Welsh,P.E.,R.P.L.S. ATTACIUYB US Metes and bounds zoning and Overall Annexation Property descriptions and sketch showing all. Survey of 89.904 acre Tract Survey of 298.516 acre Tract Deed into Bill Brown,Et Al(Doc.No.2015011169,O.R.) Deed into The London Proper,LLC(Doc.No.2020019585,O.R.) Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 30.54 S. ALAMEDA, zip 78404 Nixon M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B-CN1 TR Ldoc CN-1 Tract 1 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 62.303 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records,Nueces County,Texas and also being a portion of an 89.168 acre tract of land described by deed in Document No.2015011169, Official Records of said county,said 62.303 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68,Page 824,said map records,for angle point in the south boundary line of the tract herein described; THENCE S89°08'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official records, to a point in the east right-of-way line of County Road 33 for the southwest or westernmost corner of the tract herein described; THENCE N20012'50"E 1172.65' along said east right-of-way line of County Road 33 to a point for the northwest corner of the tract herein described; THENCE N89°13'29"E 2457.23' along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523,Page 394, Deed Records of said county,to a point for the southeast corner of said 1.77 acre tract and northeast corner of the tract herein described and of said 89.168 acre tract in the west boundary line of a 298.57 acre tract of land described by deed recorded at Document No. 2020019585, said official records; THENCE S18°00'59"W 1155.04' along the west boundary line of said 298.57 acre tract to a point for the southeast corner of the tract herein described; THENCE S89012'35"W 1838.38' to the POINT OF BEGINNING, a sketch showing said 62.303 acre tract being attached hereto as Exhibit"E". W_v�ixon M.Welsh,R.P.L.S. Q F ..... it.WELSH NIX{?�1 .... ..... .... . r.•.,� 2211 �tY, EXHIBIT "A" uav� Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, zip 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B CN1 Tr2.doc CN1 Tract 2 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 36.699 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas and being a portion of a 298.57 acre tract of land described by deed in Document No. 2020019585, Official Records of said county,said 36.699 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northwest corner of said 298.57 acre tract in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343, said official records, said beginning point for the northwest corner of the tract herein described and northeast corner of a 21.76 acre tract of land described by deed,Doc.No.2019002524,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 887.86' to a point for the northeast corner of the tract herein described; THENCE S17°52'10"W 1896.98'to a point for the southeast corner of the tract herein described; THENCE S89013'29"W 892.40' to a point for the southwest corner of the tract herein described and northeast corner of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169, said official records,in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18°00'59"E 1896.77 to the POINT OF BEGINNING,a sketch showing said 36.699 acre tract being attached hereto as Exhibit"E". I' A.Welsh,R.P.L.S. t`p��.t*'� � NIXQ11 M,MIELSH 2211 tom•' suAyE EXHIBIT "B" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAx 361 882-1265 www.bass-weish.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B CG2.doc CG2 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 286.800 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas and being a portion of a 298.57 acre tract of land described by deed in Document No. 2020019585, Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169,said official records, said 286.800 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68,Page 824,said map records,said beginning point for a southwesterly corner of the tract herein described; THENCE N89°12'35"E 1838.38' to a point for interior southwesterly corner of the tract herein described in the west boundary line of said 298.57 acre tract; THENCE N18000'59"E 1155.04' along said west boundary line of 298.57 acre tract to a point for west central corner of the tract herein described and northeast corner of said 89.168 acre tract; THENCE N89°13'29"E 892.40'to a point for interior central corner of the tract herein described; THENCE N17°52'10"E 1896.98'to a point for north central corner of the tract herein described in the upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89006'41"E 1777.00'to a point for the easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17°52'10"W 1568.11' along a south central boundary line of said 308.99 acre tract to a point for central interior corner of the tract herein described and south central corner of said 308.99 acre tract; THENCE N89°23'24"E 1863.69' along a southeast or lower south boundary line of said 308.99 acre tract to a point in the west right-of-way line of State Highway 286 (Chapman Ranch Road) for the northernmost east corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17050'11"W 1125.47' along said west right-of-way line of State Highway 286 to a common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; EXHIBIT "C" Page 1 of 2 Metes and Bounds Description,286.800 Acre Tract,May 14,2020,Continued; THENCE S17055'02"W 25.06' along said west right-of-way line of State Highway 286 to a common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S21035'08"W 56.77' along said west right-of-way line of State Highway 286 to the point of curvature of a circular curve to the left having a central angle of 11°23'16", a radius of 4179.72' and a chord bearing S15°21'38"W 829.37'; THENCE along said west right-of-way line of State Highway 286,being along said circular curve to the left,a distance of 830.74'to a point for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43) S48°50'10"W 77.88' to a point for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89°12'35"W 6395.42'along said north right-of-way line of Weber Road to a point for right-of-way line corner of said Weber Road and southwest corner of the tract herein described; THENCE N20'11'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 286.800 acre tract being attached hereto as Exhibit"E". Q F bixon M.Welsh,R.P.L.S. • IXON '. 2211 v ' pasrlD..48 BUttw� EXHIBIT "C" Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NixON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B-Annex.doc Annexation Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 385.802 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas and being all of a 298.57 acre tract of land described by deed in Document No.2020019585, Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169, said official records,said 385.802 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod with plastic cap labeled Bass and Welsh Engineering found for the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68, Page 824, said map records,said beginning point for interior southwesterly corner of the tract herein described; THENCE S89°08'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official records, to 5/8" iron rod found in the east right-of-way line of County Road 33 for the upper southwest or westernmost corner of the tract herein described; THENCE N20°12'50"E 1172.65' along said east right-of-way line of County Road 33 to a 5/8"iron rod set for the northernmost west corner of the tract herein described; THENCE N89°13'29"E 2457.23' along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523, Page 394, Deed Records of said county, to a 5/8" iron rod set for the southeast corner of said 1.77 acre tract,west central interior corner of the tract herein described and northeast corner of said 89.168 acre tract in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18°00'59"E 1896.77' to a 5/8" iron rod found for the northwest corner of said 298.57 acre tract and westernmost north corner of the tract herein described in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 2664.86' to a 1" iron pipe found for easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17°52'10"W 1568.11' along a south central boundary line of said 308.99 acre tract to a 5/8" iron rod found for east central interior corner of the tract herein described and south central corner of said 308.99 acre tract; EXHIBIT "D" Page 1 of 2 Metes and Bounds Description,385.802 Acre Tract,May 14,2020,Continued: THENCE N89023'24"E 1863.69' along a southeast boundary line of said 308.99 acre tract to a 5/8" iron rod found in the west right-of-way line of State Highway 286 (Chapman Ranch Road) for the northernmost east corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17050'11"W 1125.47' along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S17°55'02"W 25.06'along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S21°35'08"W 56.77'along said west right-of-way line of State Highway 286 to a 5/8"iron rod found at the point of curvature of a circular curve to the left having a central angle of 11°23'16",a radius of 4179.72', and a chord bearing S15°21'38"W 829.37'; THENCE along said west right-of-way line of said State Highway 286, being along said circular curve to the left,a distance of 830.74'to a TxDOT monument with brass disk found for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43) S48°50'10"W 77.88'to a TxDOT monument with brass disk found for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89°12'35"W 6395.42' along said north right-of-way line of Weber Road to a 5/8" iron rod found for right-of-way line corner of said Weber Road and lower southwest corner of the tract herein described; THENCE N20'11'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 385.802 acre tract being attached hereto as Exhibit"E". ixon M.We R.P.L.S. F ;.�•OO. 1p stt,�•• .•• .•M.WELSH ...1. N .... .... . *__ 2211 � ' osiia�E EXHIBIT "D" Page 2 of 2 PORTION SECT. "D", LAURELES FARM TRACTS, V. 3, P. 15, M. R., DOC. NO. 2012027694, O.R., DALE ROFF, 1.06 AC.— CL CR 33 M❑KRY ESTATES m`0 M1�j,',Sp• V. 68, P. 8241 M. R. 5' m o �' 6 F °D 0 400' 800' 1600' 00 NN ON NN SCALE: 1"= 800' 14 O y+ co n co `0 1, 77 AC, TRACT, MAGG I E fU CARLISLE, ET AL, V. R2 iT1 ~' w 1523, P. 394, D. R. ci D m cn O n N REMAINDER OF 173. 21 AC. TRACT MICHAEL n m W —I z m MEANEY, ET AL, DOC. NO, 2005062830, ❑, R. , AND JOSEPH MEANEY AS TRUSTEES, I co 3> ~ � DOC. NO. 2019022574, 0. R. nj N w n - CA m - Zv BRASELTON DEVELOPMENT CO N � Gl w CO. , DOC. NO. c1l) p 2019028160, ❑, R. , 8. 68 AC, z oc) BRASELT❑N DEVELOPMENT CO. , LTD, DOC. NO. 00 GZ {-1 S78°Op, C-) 2019002524, ❑. R. , 21. 76 AC. 11 SS oS9,W ]> —I r_ z C-) I 70 a o n �� M18.00'59, ��ITo CL FM 43 I N w C/v e 189 MIT C WEBER ROAD)-� $N 1 ZO 6, ��' "� I 36 RAC T KING o c 699 AC co 00 �A S17. p,W m OD--i IN 18969 m �d 8" a a a w CG2 ZONING TRACT, m 286. 800 AC, ru n all N❑TE: THE OVERALL TRACT SHOWN N HEREON ( SUM OF THREE ZONING o TRACTS SHOWN) = ANNEXATI❑N TRACT = 385. 802 AC. o o � I z S2,IO.W I CD zo CIT 1568 ry < Y IMI T 11 w I N o W 0 EXHIBIT " E" I 581.3 a 3 pN SKETCH TO ACCOMPANY METES 56, �g•W m A AND BOUNDS DESCRIPTIONS S7 j° .o ;a1'=800' S48°50' 10'W 77. 88' f eS 5'0e. p-H S7 j, p6 ,W ID's BASS AND WELSH ENGINEERING D=11°23' 16' Sp- 1.0 CORPUS CHRISTI, TX R=4179. 72' 112 41 'W a o SURVEY REG. NO. 100027-00, TX T=416, 74' c7 c7 ENGINEERING REG. NO. F-52, FILE: L=830, 74' CL SH 286 EXB—ZONING, JOB NO. 16014, CH=829. 37' ( CHAPMAN RANCH SCALE: 1" = soo CB=S15°21' 38'W PLOT SCALE: SAME, PLOT DATE: ROAD) , ROW WIDTH VARIES 5/14/20, SHEET 1 OF 1 MIR \ ) \ ± E )/ - j§( >`!! p\' , ,. ., , 2 \®2 / � 2 j I g ! . - $ � . All \ �\ � �} ( / \« ¥ 5 � �,- !� 31 � ) \ Qq / 5a _ < aa � , ; a 2 j \ - 4a as z % : a a � % \© § £% za to a < % a % � ® e % - % _ _ y % - -;/|!]... »` — .,�. � » . -- � /[ z 2r � § \ \\, 89, cj £7 : ) U � \ a � \j\ , gg� \ . i § J § / $ $ ) ' � � ! \ ` ~ / R � 2 - ( Doc# 2015011169 GF #-2u 1 0� !- 5) Stewart Title CORRECTION WARRANTY DEED EFFECTIVE DATE: October 28,2014 GRANTOR: SHEILAH LONDON, a single person GRANTEES: (1) BILL J.BROWN, as his separate property(1/3rd) (2) REAGAN TRAVIS BROWN,as his separate property(1/3rd) (3) ALYSSA ANN BROWN McCOY, as her separate property(1/3rd) GRANTEE'S MAILING ADDRESS: P.O.Box 8229 Corpus Christi,Texas 78468 CONSIDERATION: Ten Dollars and other valuable consideration. PROPERTY: The following described Land: Tract I: That 89.868 acre tract in Nueces County, Texas as described on EXHIBIT"A"hereto attached and made a part hereof. Tract II: That 118.126 acre tract in Nueces County, Texas as described on EXHIBIT"A"hereto attached and made a part hereof. Together with and including all of the Grantor's right, title and interest in and to the rights and appurtenances in any way belonging or appurtenant to said Land, including, without limitation: (i) any improvements on said Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; and (v) easements,rights of ingress and egress and reversionary interests benefitting or serving the Land(the Land and other appurtenant rights being referred to herein as the"Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is subject to the following matters to the extent that such are presently in force and effect and affect the Property: (1) Those Permitted Exceptions set forth in EXHIBIT"B"; (2) Taxes for the current year, the payment of which Grantee assumes, and the Grantee also assumes the obligation to pay any additional taxes assessed against the Property for periods prior to the date hereof resulting from this conveyance or from Grantee's change of use of the Property(commonly called"rollback taxes"). Mineral Reservation. Grantor further RESERVES unto Grantor and Grantor's heirs, representatives, successors and assigns all of Grantor's present right, title and interest(including any royalty interests and any reversionary or future interests) in and to all oil, gas and minerals, in, under and that may be produced from the Land and Property. For purposes hereof, the term "minerals" shall be construed to include oil, condensate, gas, sulfur, salt, coal, lignite, uranium, thorium, geothermal steam or other geothermal substances, fissionable materials or other such valuable substances, regardless of the method used to produce same, except: water, gravel, caliche, soil, shale, sand, clay and other such materials which do not otherwise contain valuable substances herein defined as minerals. Except for a drill site at a location on the northern boundary line of said 118.126 acre Tract II, the Grantor for Grantor and Grantor's heirs,representatives,successors and assigns WAIVES the right to use the surface of the Land and Property for the exploration, production, storage or transportation of oil, gas and other minerals. The location of said drill site along the northern boundary line of Tract II shall be as mutually agreed by Grantor and Grantees, their heirs, representatives, successors and assigns. There shall also be an easement on Tract II between the drill site and County Road 33 for a roadway and underground pipelines and utilities to serve the drill site, the location of which shall be mutually agreed to by the Grantor and Grantees, their heirs, representatives, successors and assigns. The total area of the drill site and easement combined shall not exceed five(5) acres. The Grantor hereby acknowledges and agrees that all future leases or conveyances of all or any part of the minerals by the Grantor and Grantor's heirs, representatives, successor and assigns, shall be subject to and be burdened by the terms of the agreement regarding use of the surface and automatically shall be construed to contain a contractual waiver by the lessee or grantee (as applicable) of the right to permit or conduct exploration, production, storage, transportation, removal or disposal of the minerals upon or below the surface of the Land and Property, except as permitted herein. Wind Royty Reservation. Grantor reserves unto Grantor and Grantor's assigns a life estate non-executive wind rights royalty in and equal to an undivided one-half(1/2) of the proceeds or value of any and all royalties and payments in lieu of royalties directly paid or accrued under any lease or agreement by the Grantees, their heirs,representatives and assigns for, or in connection with, the generation on and above the Land and Property of electricity from wind power; provided that (i) if the owner of the surface estate of the Property should elect to generate electricity from wind power for its own account without entering into a lease or other agreement, then the royalty made the basis of this reservation shall be calculated by reference to the highest royalty then agreed to or being paid upon the generation of electricity by wind power in those Texas counties within a 100-mile radius of Nueces County, Texas; (ii) any sums payable under this reservation shall be payable in Nueces County, Texas to or for the benefit of the Grantor and Grantor's assigns; (iii) there is EXCLUDED from this reservation any sums received by the owner of the surface estate of the Land and Property in good faith for surface damages to the Land in connection with the generation of electricity by wind power, including, but not limited to: construction damages, turbine installation fees, transmission and access easement fees, 2 meteorological tower fees, substation and/or operations and maintenance building fees, crop or grassland damage payments,penalties assessed by any governmental agency for removal of any of the Land from any governmental program, and indemnity payments of any physical damages to the Land; (iv)this reservation shall not apply to any electricity generated by wind power upon the Land and Property for domestic or other non-commercial uses on the Land and Property; (v) the royalty herein reserved is a non-participating and non-executive royalty and it shall not be necessary for the Grantor or Grantor's assigns to join in the execution of any wind power lease which may be granted or created by Grantees, their heirs, representatives land assigns covering the Land, or any part thereof, and all executive rights for any wind power lease are conveyed to the Grantees,their heirs, representatives and assigns, including the right to grant to the lessee the right to pool or unitize the Land and Property with other lands; and (vi) the Grantor and Grantor's assigns shall not have any right of ingress or egress on the Lard with regard to this reservation for any purpose. This royalty reserved as to wind rights shall be only for the life of Grantor, and shall terminate on the death of Grantor. GRANT OF PROPERTY: Grantor, for the Consideration and subject to the Reservations Frorn and Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantees the Property, together with all and singular the rights and appurtenances thereto in any w'ay belonging,to have and to hold unto Grantees and Grantees' heirs, representatives and assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantees and Grantees' heirs, representatives and assigns against every person whomsoever lawfully claiming or to claim he same or any part thereof, and except as to the Reservations From and Exceptions to Convey&ice and Warranty. When the context requires, singular nouns and pronouns include the plural. CORRECTION: This Correction Warranty Deed is made in correction of and in substitu 'on of that Warranty Deed dated October 28, 2014 from Grantor to Grantees recorded at Doc ent No. 2014041948 of the Official Records of Nueces County, Texas (the "Original Deed"). The purpose of this Correction Warranty Deed is to correctly set forth by metes and bounds t legal description of Tracts I and II as set forth in EXHIBIT "A" of this Correction Warranty Deed. Other than the stated correction of the legal description,this Correction Warranty Deed is intended to restate in all respects the Original Deed, and the effective date of this Correction Warranty Deed relates back to the effective date of the Original Deed. (Signature Pages Follow) 3 Signature Page for Correction Warranty Deed Grantor: Sheilah London Grantees:Bill J.Brown Reagan Travis Brown Alyssa Ann Brown McCoy GRANTOR: o-�Idlj-, �-- Sheilah Loddon STATE OF TEXAS § COUNTY OF U ,('�S § This instrument was acknowledged before me !�da,o Ol Y C{ 2015,by SHEH AH LONDON. >a� •. ic,State o Te as �t.........;E VIRGINIA G PRICE- e Notary Public <.,m t..• STATE OF TWS o "{ My Comm. Exp. 03-08-2016 8-2016 4 Signature Page for Correction Warranty Deed Grantor: Sheilah London Grantees:Bill I Brown Reagan Travis Brown Alyssa Ann Brown McCoy GRANTEE: P Bill I Brown `dawn b�pirss STATE OF TEXAS a 3:201 i COUNTY OF This instrument was acknowledged before me on the © day o �K � 2015,by BILL J.BROWN. Public,Si6te of Te 5 Signature Page for Correction Warranty Deed Grantor: Sheilah London Grantees: Bill J.Brown Reagan Travis Brown Alyssa Ann Brown McCoy GRANTEE: Reagan Travis Bro - aid�.MA.lE�BARYON STATE OF TEXAVl,,,Il § ,;; 9:2pt7 COUNTY OF S § This instrument was acknowledged before me on the_ ay of 0" 2015,by REAGAN TRAVIS BROWN. Cl/awto cl�OOZ4�1 Nosf Public,Stat' Texas 6 Signature Page for Correction Warranty Deed Grantor: Sheilah London Grantees:Bill J.Brown Reagan Travis Brown Alyssa Ann Brown McCoy GRANTEE: Al W 4&b A Aly�ss Ann Brown McCoy NOTARY PUBLIC BFIVAN BURTON 670441 COMMISSION EXPIRES STATE OF U TA 14 § SEPTEMBER 25,2017 § S11 ATE OF UTAH COUNTY OF S,4LT L 1< § This instrument was acknowledged before me on the Z3 r d day o M Gt,r C In 2015,by ALYSSA ANN BROWN McCOY. Notary Public,State of u—, ,4 F/ FA6744\0\Shei1ah\15 coaction wd-0209-18-25.doex 7 STATE OF TEXAS COUNTY OF NUECES TRACT I GAHBIT A Field Notes of a 89.868 acre tract of land being out of a 98.0 acre tract of land as described in a deed recorded in Volume 1523,Page 391, Deed Records Nueces County,Texas.Said 89.868 acre tract also being out of Tract"D", Laureles Farm Tracts,as shown on a map recorded in Volu me 3, Page 15, Map Records Nueces County, Texas. Said 89.868 acres being more particularly described as follows; BEGINNING at a Cotton Spindle set in the center of County Road 33,for the upper southwest comer of this survey, from WHENCE the intersection of the center of County Road 33 and the center of FM Highway 43 bears South 20°10'55" West,a distance of 682.65 feet. THENCE with the center of County Rgad 33,North 20°10'55" West,a distance of 1173.01 feet to a Cotton Spindle set for the southwest comer of the 1.77 acre tract as described in a ed recorded in Volume 1523,Page 394, Deed Records Nueces County,Texas,and for the northwest corner of this survey. THENCE with the south line of the said 1.77 acre tract_North 89°11'21" East,at a distance of 21.42 feet pass a 5/8"iron rod set in the east right of way of County Road 33,as an offse and in all a total distance of 2471.85 feet to a point for the southeast corner of the said 1.77 acre trac ,and for the northeast corner of this survey. THENCE with the east line of the said 18.0 acre tract,South 1753'55" West,a dis ce of 1864.49 feet to a point in the center of FM Highway 43,for the southeast corner of the 10.0 acre tract of land described in a deed recorded in Volume 1523, Page 391, Deed Records Nueces County,Texas,and for the lower southwest corner of this survey. THENCE with the center of FM Highway 43,South 89111 t2l" West,a distance of 1864.49 feet to a point in the center of FM Highway 43, for the southeast comer of the 10.0 acre tract of land described in a deed recorded in Volume 1523,Page 39I, Deed Records Nueces County,Texas,and for the lower southwest corner of this survey. THENCE with the east boundary line of the said 10.0 acre tract,North 20110155" East,at a distance of 53.55 feet pass a 5/8"iron rod set in the north right of way of FM Highway 43 as an offset,and in all a. total distance of 682.65 feet to a 5/8"iron rod set for-the northeast corner of the said 10.0 acre tract,and for an inside corner of this survey. THENCE with the north boundary line of the said 10.0 acre tract,South 89°1 P2I" West, at a distance of 661.75 feet pass a 5/8" iron rod set in the east right of way of County Road 33 as an offset, and in all a total distance of 683.17 feet to the POINT OF BEGINNING of this survey, and containing 89.868 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 1,Ronald E. Brister do hereby certify that this survey of the property legally desc 'bed herein is correct to the best of my knowledge and belief. EXHIBIT .�AG -M1 r OF .�:..�. Ronald E. Brister,RPLS No. 5407 Date:March 11.2015 STATE OF TEXAS COUNTY OF NUECES TRACT II Field Notes of a 118.126 acre tract of land being out of a 145.5 acre tract of land as described in a deed recorded in Volume 1357, Page 187,Deed Records Nueces County,Texas. Said 118.126 acre tract also being out of the 1.&G.N. R. R.Survey No. 135 and 139,and Tract"D", Laureles Farin Tracts,as shown on a map recorded in Volume 3, Page 15, Map Records Nueces County,Texas.Said 118.126 acres being more particularly described as follows; BEGINNING at a 5/8" iron rod set in the west right of way if County Road 33, for the northeast corner ofthe20.0 acre tract,as described in a deed recorded in Document No.2005027456,Deed Records of Nueces County,Texas,and for the southeast corner of this survey, from WHENCE theintersection of the west right of way of County Road 33 and the north right of way of FM Highway 41 bears South 20°10'55" West,a distance of 2055.79 feet. THENCE with the north boundary of said 20.0 acre tract,South 88°52'26" West,a di* tante of 1023.87 .feet to a 5/8"iron rod set for the northwest corner of the said 20.0 acre tract,in the eastline of the South Texas Children's Home Land Management 194.45 acre tract as described in a deed recorded in Document No.2009010903,Deed Records Nueces County,Texas, and for the southwest corner of this survey. THENCE with the east boundary line of said 194.45 acre tract;North 01'01'58" Wes,a distance of 3146.16 feet to a 5/8"iron rod set for the southwest corner of the Waiter B.Camp 130.49 acre tract as described ima deed recorded in Document No. 19.97034377, Deed Records Nueces C unty,Texas, in the east line of the said 194.45 acre tract,and for the northwest corner of this survey. THENCE with the south boundary line of the said 130.49 acre tract.,North 88°49'45" East,a distance of 2246.58 feet to a5/8"iron rod set in the west right of way of County Road 33, fort ie southeast corner of the said 130.49 acre tract,and for the northeast corner of this survey. THENCE with the west right of way of County Road 33,South 20°10'55" West,a di tance'of 3378.8.9 feet to the POINT OF BEGINNING of this survey, and containing 118.12.6 acres of and,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 1,Ronald E. Brister do hereby certify that this survey of the property legally descr bed herein is correct to the best of my knowledge and belief. �- A2 Ronald E. Brister,RPLS No. 5407 Date:March 11,2015 HIR LA IT . EO>=Tc� ' o K ......................... RONALD E BRISTER .................................. 5407 !9Oss�`'PyOR- �SURU EXHIBIT "B" (Permitted Exceptions) Right of Way Easement dated May 21, 1945, from E. L. London to Nueces Electric Cooperative, Inc., filed for record in File No. 493662, Volume 2014, Page 168, Deei Records of Nueces County,Texas. (Tracts I and Il) An oil, gas and mineral lease dated December 27, 1944, executed by E. L. London and wife, Morine London, lessor to Roman S. Waldron, lessee, recorded in File No. 204644, Volume 75, Page 348,Oil and Gas Records of Nueces County,Texas. (Tracts I and II) Rights of the Public to use, occupy and enjoy any portion of the subject property lying within a road right of way or easement. (Tracts I and II) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and o er minerals,together with all rights, privileges, and immunities relating thereto, appearing 'In the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. (Tracts I and Il) Rights of tenants, and/or assigns, as tenants only, under currently effective lease agreements. This exception may be deleted or limited to identifiable leases on the basis of an acceptable affidavit for the current owner. (Tracts I and II) Any visible and apparent easement over or across the subject property, tI e existence of which does not appear of record. (Tracts I and II) Terms and Conditions of that certain unrecorded Farm and Ranch Contract by and between Wells Fargo as Agent for Sheilah London IMA, as seller and Bill J. Brown, as purchaser. (Tracts I and II) Right-of-Way easement granted by E. L. London to County of Nueces,by instrument dated May 11, 1938, recorded as Document No. 126886, Volume 238, Page 637, Deed Records of Nueces County, Texas. (Tract I) Right-of-Way easement granted by B. R. London to County of Nueces by instrument dated May 25, 1953, recorded as Document No. 407603, Volume 650, Page 60, Deel Records of Nueces County Texas. (Tract IJ Pipeline easement granted by B. R. London and wife, Betty Jean Lo don to Lumar Gas Corporation by instrument dated December 1 1965, recorded as Document No. 701389,Volume 1131,Page 20 Deed Records of Nueces County, Texas. (Tract I) Right of Way Easement dated April 10, 1975, from Doyle E. London aid wife, Dorothy M. London to Southwestern Bell Telephone Company, recorded in File No. 975891, Volume 1529, Page 168,Deed Records of Nueces County, Texas. (Tract I) b.Utility Easement dated March 3, 2006, from Sheilah London to the City of Corpus Christi, filed for record on August 28, 2006, Doc. No. 2006043985, Official Public Records of Nueces County,Texas. (Tract 1) Utility Easement dated October 30, 2006, from Sheilah London to the Ci y of Corpus Christi, filed for record on April 9, 2007, in Doc. No. 2007018185, Oficial Public Records of Nueces County,Texas. (Tract 1) Oil, gas and other minerals, the royalties,bonuses,rentals and all other nigh s in connection with same as set forth in instrument dated February 25, 1975, executed by B. K London and wife, Betty J. London to Doyle E. London and wife, Dorothy London, recorded in/under File No. 970659, Volume 1523, Page 391, Deed Records, Nueces County, Texas. The Company makes no representation as to the present ownership of this interest. (Tract 1) An oil, gas and mineral lease dated July 7, 1949, executed by Ernest I.. London and wife, Morin London, lessor to Reagan Tucker, lessee, recorded in File No. 282104, Volume 100, Page 157, Oil and Gas Records of Nueces County,Texas. (Tract 1) Terms and provisions of the oil, gas and mineral leases described in the f llowing instruments for which the Company makes no representation as to the present ownership of said interests:(A) dated April 16, 1936, from E. L. London and wife, Morine London to E. E. Swift, File No. 100796, Volume 22, Page 579, of the Oil and Gas Records of Nueces County, Texas.(B) dated November 7, 1936,from Norman Allen to E. E. Swift File o. 108526,Volume 34, Page 138, Oil and Gas Records of Nueces County, Texas.(C) dated My 23, 1955, from B. R. London and wife, Betty Jean London to Delhi-Taylor Oil Corporation, File No. 434292, Volume 146, Page 71, Oil and Gas Records of Nueces County, Texas.(D) dated May 18, 1965, from Billy Ray London and wife Betty Jean London to E. R. Godbout, File No. 630040 Volume 209, Page 157, Oil and Gas Records of Nueces County, Texas; amended O tober 12, 1965, File No. File No. 692423, Volume 219, Page 291, Oil and Gas Records of Nueces County, Texas.(E) dated August 14, 1970, from Billy Ray London and wife Betty Jean London to E. R. Godbout,File No. 833115 Volume 290,Page 55, Oil and Gas Records of N eces County,Texas. Title to said instruments not checked subsequent to dates of aforesaid instruments. (Tract 1) Oil, gas and other minerals, the royalties,bonuses,rentals and all other righ�s in connection with same as set forth in instrument dated February 25, 1975, filed February 28, 1975, executed by B. R. London and wife, Betty Jean London to Doyle E. London and wife, Dorothy M. London, recorded in/under File No. 970659, Volume 1523, Page 391, Deed Records, County, Texas. The Company makes no representation as to the present ownership f this interest. (Tract 1) Right of Way Easement dated December 19, 1949, from Doyle London tc Southern Pipe Line Corporation, filed for record in File No. 291827,Volume 452, Page 33, De d Records of Nueces County,Texas. (Tract H) Right-of-Way Agreement dated March 26, 1980, by and between Dorothy I london, Individually and as Independent Executrix of Estate of Doyle E. London, Deceased and Valero Transmission 2 Company, filed for record on April 1, 1980, File No. 174709, Volume 1734, Page 941, Deed Records of Nueces County,Texas. (Tract II) Right-of-Way Easement dated June 17, 1983, from Mrs. D. E. London to Dorchester Gas Producing Company, filed for record in File No. 325651,Volume 1874,Pa e 452,Deed Records of Nueces County,Texas. (Tract II) Drainage Easement dated January 11, 2008, from Sheila London to the London Independent School District, filed for record on July 8, 2008, Doc. No. 2008030636, Official Public Records of Nueces County,Texas. (Tract Il) An oil, gas and mineral lease dated December 27, 1944, executed by E. . London and wife, Morine London, lessor to Roman S. Waldron, lessee, recorded in Volume 5, Page 352, Oil and Gas Records of Nueces County,Texas. (Tract Il) An oil, gas and mineral lease dated May 23, 1955, executed by E. L. London and wife, Morine London, lessor to Delhi-Taylor Oil Corporation, lessee, recorded in File o. 434293, Volume 146,Page 73, Oil and Gas Records of Nueces County,Texas. (Tract II) An oil, gas and mineral lease dated August 14, 1970, executed by Billy Bay London and wife, Betty Jean London, lessor to E. R Godbout, lessee, recorded in File No. 63116, Volume 290, Page 58,Oil and Gas Records of Nueces County, Texas. (Tract II) Oil, gas and other minerals, the royalties,bonuses,rentals and all other rigI is in connection with same as set forth in instrument dated November 28, 1972, filed December 4, 1972, executed by Billy Ray London and wife, Betty J. London to Doyle E. London and w fe, Dorothy London, recorded in/under File No. 901202, Volume 1449, Page 935, Deed Records, Nueces County, Texas. The Company makes no representation as to the present ownership f this interest. (Tract ED An oil,gas and mineral lease dated February 26, 1980,filed April 22, 1980, executed by Dorothy London, Individually and as Independent Executrix of the Estate of Doyle E. London, deceased, lessor, in favor of Gas Producing Enterprises, Inc., lessee, recorded in/un er File No. 177026, Volume 336,Page 311, Official Public Records,Nueces County,Texas. (Tract II) An oil, gas and mineral lease dated February 10, 1981, filed March 2 , 1981, executed by Dorothy M. London, et al, lessor, in favor of Tierra Petroleum Corpora 'on, lessee, recorded in/under File No. 217115, Volume 344, Page 713, Official Public Records, County, Texas. Amended by instrument dated April 26, 1982, filed for record in File No. 269572, Volume 355,Page 533, Oil and Gas Records of Nueces County,Texas. (Tract I1) Stewart Title F:\6744\0\Shei1ah\14 ExB-1028-18-25.docx 3 Doc# 2015011169 Doc# 2015011169 # Pages 13 03/27/2015 1:28PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $59.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS 6y •� cout Y CLERK co,,,�r` NUECES COUNTY TEXAS 2020-2020019585 05/14/2020 10:58AM Page 1 of 10 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU } MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION a FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE v NUMBER. W F- Special Warranty Deed with Vendor's Lien Ch w THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: v COUNTY OF NUECES § Effective Date: May , 2020 Grantor: COASTAL BEND COMMUNITY FOUNDATION, a Texas non-profit corporation Grantor's Mailing Address: 555 N Carancahua St— Suite 900, Corpus Christi, TX 78401 Grantee: THE LONDON PROPER,LLC, a Texas limited liability company Grantee's Mailing Address: 5 West Bar-Le-Doc Corpus Christi,Texas 78414 Consideration: Ten Dollars($10.00) and other good and valuable consideration and a note of even date executed by Grantee and payable to the order of ORIGIN BANK in the principal amount of$6,669,541.00. The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of ORIGIN BANK and by a first-lien deed of trust from Grantee to Joseph D. Cox, Trustee. Property (including any improvements): That certain 298.57 acres of land, more or less, in Nueces County, Texas more specifically described in Exhibit "A" attached hereto and incorporated herein by reference. Reservations from and Exceptions to Conveyance and Warranty: The Property is conveyed subject to those matters shown on Exhibit"B" attached hereto and incorporated herein. 1 2020 -2020019585 05/14/2020 10:58AM Page 2 of 10 Conveyance: Grantor, for the Consideration and subject to the Reservation from and Exceptions to Conveyance and Warranty, has GRANTED, SOLD, and CONVEYED, and hereby GRANTS, SELLS, and CONVEYS to Grantee all of Grantor's rights, title, and interests in the Property, together with all and singular the rights,benefits,privileges,easements,tenements,hereditaments, and appurtenances thereon or in any way pertaining thereto in any way belonging, TO HAVE AND TO HOLD it to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantor, but not otherwise. The vendor's lien against and superior title to the Property are retained until said note described is fully paid according to its terms, at which time this deed will become absolute. ORIGIN BANK at Grantee's request,has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for the benefit of ORIGIN BANK and are transferred to ORIGIN BANK without recourse against Grantor. GRANTOR: Coast 1 end Com1nu i F ndation 'KaAlv—, By: Karen W. Selim Title: President GRANTEE: The London Proper LLC,a Texas limited liability company By: Bobak Mostaghas Title: Managing Member 2 2020 -2020019585 05/14/2020 10:58AM Page 3 of 10 ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF NUECES_ § This instrument was signed and acknowledged before me this the *L day of 2020, by Karin W. Selim in her capacity as President of the Coastal Bend Comm nity Foundation, a Texas non-profit corporation,on behalf of said corporation. 0", CYNTHIAD a ID# 117 =• •€ Notary s�N9� .wry STATE OFNotary Public, State of Texas of My Comm. Exp STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed and acknowledged before me this the 9? day of 2020, by Bobak Mostaghasi, as Managing Member of The London Proper LLC,Oa Texas limited liability company,on behalf of said company. z�PaYP�je CYNTHIA BUENO ID# 1178588 3 ` Notary Public w7�OFSE'1?'?� STATE OF TEXAS f *•••„ •,• My Comm, EXP. 11-04 2023 otar Public, State of Texas AFTER RECORDING RETURN TO: 3 2020 -2020019585 05/14/2020 10:58AM Page 4 of 10 EXNIBXT "A" Being a tract situated in Nueces County,Texas, a portion of Section D. Laureles Farm Tracts, as shown.on the map thereof recorded In Volume 3 at Page 15 of the Map Records of Nueces County,Texas and being generally ti the 215.54 acre tract described in the deed to F.B. Arnim, recorded under Clerk's File No. 6094, Deed Records of Nueces County,Texas and the 100 acre tract described in the deed to F.B. Arnim recorded under Clerk's File No. 8241, Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: ; BEGINNING at a wooden post with a concrete nail driven in the top found in the north right-of-way line of Farm to Market Road 43 for the southwest corner of this tract,whence the southwest corner of the heretofore referenced 215.54 acre tract bears S 18002'38"W at 52.83 feet, said POINT OF BEGINNING being also the southeast corner of a tract held in the name of Shelia London; THENCE N 18002'38"E along the west line of the 215.54 acre tract and east line of the Sheila London Tract at 1811.36 feet, more or less, pass the northeast corner of the Sheila London Tract and the southeast corner of the tract described in the deed to Michael T. Meaney, recorded under Clerk's File No. 2005062830, Official Records of Nueces County,Texas and in all a distance of 3673.84 feet to a 5/8 inch iron rod found for the northeasterly corner of the Michael T. Meaney Tract and the northwest corner of this tract,said point lying In the south boundary of that tract described In the deed to the City of Corpus Christi filed under Clerk's File No. 941343, Official Records of Nueces Courtly,Texas; THENCE N 89006'46"E along the north line of the 215.54 acre tract and the south line of the City of Corpus Christi Tract, a distance of 2664.93,feet to a 1 inch iron pipe found for the northeast corner of the 215.54 acre tract and an interior corner for the City of Corpus Christi Tract; THENCE S 17052'30"W with the east line of the 215.54 acre tract and the most easterly west line of the City of Corpus Christi Tract, a distance of 1568.15 feet to a 5/8 inch iron rod found for northeasterly corner of this tract, said point being the northwest corner of the heretofore, referenced 100 acre tract and the most southerly southwest corner of the City of Corpus Christi Tract; THENCE N 89023'16"E along the north line of the 100 acre tract and the most southerly south line of the City of Corpus Christi Tract,a distance of 1863.84 feet to a 5/8 inch iron rod found in the,west right-of-way line of State Highway 286 for the northeast corner of this tract; THENCE S 17050'44"W along the west right-of-way of State Highway 286, a distance of 1125.49 feet to,a Texas Department of Transportation monument found for an Intermediate corner of this tract, THENCE S 17047'57"W along the west right-of-way line of State Highway 286, a distance of 24.95 feet to a Texas Department of Transportation monument found for an Intermediate corner of this tract; THENCE S 21046'42"W along the west right-of-way line of State Highway 286, a distance of 56.78 feet to a 5/8 Inch iron rod found for an intermediate corner of this tract, said point lying a curve to the left; THENCE along said curve to the left,the west right-of-way of State Highway 286, whose radius is 4182.64 feet and whose long cord bears S 15021'16"W with a length of 829.51 feet, a total distance 830.87 feet to a Texas Department of Transportation monument found for an Intermediate corner of this tract; THENCE S 48053'52"W a distance of 77.31 feet to a 5/8 inch Iron Trod set in the north right-of-way line of Farm to Market Road 43 for the most southerly southeast corner of this tract; THENCE S 89011'58"W along the north right-of-way line of Farm to Market Road 43, a distance of 4533.92 feet to the POINT OF BEGINNING forming a tract embracing 298.57 acres, more or less. Note:The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity Is correct,but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. 2020-2020019585 05/14/2020 10:58AM Page 5 of 10 Exhibit "S" Reservations and Exceptions to Conveyance and Warranty This conveyance is made subject to the following matters to the extent that such are currently in force and effect and affect the Property: 1) Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken. 2) All valid and effective easements, rights-of-way, restrictive covenants and encumbrances that affect the property,if any,of record with the County Clerk of the County in which the Property is located. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. 3) All matters as would be shown or discovered by a land title survey of the Property and any discrepancies,conflicts or shortages in area or boundary lines or encroachments or protrusions or any overlapping of improvements and other matters shown by a land title survey of the property;visible and apparent easements;and all laws,rules,ordinances and regulations of any governmental authority having jurisdiction. 4) Taxes and assessments for the current year having been pro-rated, the payment thereof is assumed by Grantee, and the Grantee also assumes the obligation to pay any additional taxes assessed against the Property for periods prior to the date hereof resulting from this conveyance or from Grantee's change of use of the Property (commonly called "rollback taxes"). 5) This conveyance is subject to all valid and effective mineral estate reservations and conveyances (including assignments or reservations of royalty interests) by Grantor's predecessors in title as shown by the records of the County Clerk of the County in which the Property is located; and the rights of the owner of any portion of the mineral estate and the rights of any lessee or other person claiming an interest in oil, gas and other minerals under any valid and effective oil, gas, and minerals leases or other documents as such is shown by the records of the County Clerk of the County in which the Property is located. 5. Homestead or community property or survivorship rights,if any of any spouse of any insured. 6. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or otherentities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government,or c. to filled-in lands,or artificial islands,or 5 2020 -2020019585 05/1412020 10.5aAM Page 6 of 10 d. to statutory water rights,including riparian rights,or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. 7. Right of parties in possession. 8. Rights of tenants in possession,as tenants only,under any and all outstanding lease agreements, unrecorded. 9. Easement: To:Nueces County Recorded: May 31, 1931 in Document No. 71086, Volume 198,Page 480,of the Deed records,of Nueces County, Texas. Purpose: Right of Way(Reversionary Clause) 10. Easement: To:Nueces County Recorded: May 16, 1938 in Document No. 126881, Volume 239, Page 96,of the Deed records of Nueces County,Texas, Purpose: Right of Way 11. Easement: To: Central Power and Light Company Recorded: July 8, 1941 in Document No. 164634, Volume 273, Page 33, of the Deed records, of Nueces County,Texas, Purpose: Easement& Right of Way 12. Easement: To:Nueces Electric Cooperative Recorded: June 10, 1959 in Document No. 533040,Volume 856, Page 153, of the Deed records of Nueces County, Texas. Purpose: Right of Way Easement 13. Easement: To: Southwestern Bell Telephone Company Recorded: May 14, 1975 in Document No. 975889,Volume 1529, Page 161, of the Deed records, of Nueces County,Texas. Purpose: Easement for Underground Facilities 14. Easement: To: City of Corpus Christi Recorded: August 28, 2006 in County Clerk's File No. 2006043984, of the Official Public records, of Nueces County, Texas, Purpose: Pipeline Easement 6 2020-202DO19585 05/14/2020 10:58AM Page 7 of 10 15. Easement: To: City of Corpus Christi Recorded: June 15, 2018 in County Clerk's File No. 2018026160, of the Official Public records, of Nueces County, Texas. Purpose: Pipeline Easement 16. Mineral and/or royalty interest: Recorded: January 12, 2012 in County Clerk's File No. 2012001979,of the Official Public records, of Nueces County, Texas. By: Brian Kelsey Moore, et al To: Constance B.Mayo and Celia Sexton Tate, as Co-Independent Executrixes of the Estate of Carolyn Arnim Tinker,Deceased 17. Oil, Gas and Mineral Lease, and all terms,conditions and stipulations therein: Recorded: December 8, 1936 in Document No. 110963, Volume 35,Page 214, of the Oil & Gas records,of Nueces County, Texas. Lessor: F.V. Arnim and wife, Lillie Arnim Lessee: Atlantic Refining Company 18. Oil, Gas and Mineral Lease, and all terms, conditions and stipulations therein: Recorded: May 24, 1961 in Document No. 576656, Volume 181,Page 368, of the Oil & Gas records, of Nueces County,Texas. Lessor: Landon Arnim and others Lessee: C.H. Horton 19. Oil, Gas and Mineral Lease, and all terms, conditions and stipulations therein: Recorded: February 4, 1966 in Document No. 701022, Volume 226, Page 45 and ratified in Document No. 712443, Volume 234, Page 487, of the Oil & Gas records, of Nueces County, Texas. Lessor: Landon C. Arnim and others Lessee: Harry E. Reese 20. Oil, Gas and Mineral Lease, and all terms, conditions and stipulations therein: Recorded: March 4, 1971 in Document No. 837192,Volume 290, Page 542,of the Oil & Gas records, of Nueces County, Texas. Lessor: Landon C. Arnim and others Lessee: E.R. Godbout 21. Oil, Gas and Mineral Lease, and all terms, conditions and stipulations therein: Recorded: July 29, 1981 in Document No. 235240, Volume 347, Page 948, of the Oil & Gas records, of Nueces County,Texas. Lessor: Madeline Arnim and others Lessee: M. Harvey Weil,Trustee 7 2020-2020019585 05114/2020 10:5aAM Page 8 of 10 22. Terms, conditions and stipulations contained in Deed dated October 20, 1922, executed by Mr. Bertha Morgan to F.V. Arnim, recorded under County Clerk's File No. 8241, Volume 138, Page 446,Deed Records,Nueces County, Texas. 23. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights,privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants exceptions or reservations of mineral interest that are not listed. 24. Grantor reserves and retains to Grantor and Grantor's heirs, successors and assigns all of Grantor's undivided rights,title and interest in the oil, gas, casinghead gas,hydrocarbons, and other minerals in and under, that may be produced from the Property, any royalty under any existing or future mineral lease covering any part of the Property, executive rights (including the right to sign a mineral lease or seismic agreement covering any part of the Property), but Grantor does not reserve and retain implied rights of ingress and egress and of reasonable use of the Property (including surface materials) for mining, drilling, exploring, operating, developing, or removing the oil, gas, and other minerals. 25. Property Conveyed "AS IS, WHERE IS". IT IS AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH IN THIS DEED),ZONING,TAX CONSEQUENCES (INCLUDING ROLLBACK TAXES), PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY. GRANTEE REPRESENTS THAT, EXCEPT FOR THE GRANTOR REPRESENTATIONS, IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF ITS CONSULTANTS IN PURCHASING THE PROPERTY. GRANTEE HAS CONDUCTED SUCH INSPECTIONS OF THE PROPERTY AS GRANTEE DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS HEREBY RELYING UPON SAME. GRANTEE ASSUMES THE RISK THAI' ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR DOES HEREBY SELL AND CONVEY TO GRANTEE AND GRANTEE DOES HEREBY ACCEPT THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY, BY GRANTOR, ANY AGENT OF GRANTOR OR ANY 8 2020-2020019585 05/1412020 10:58AM Page 9 of 10 THIRD PARTY. GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE BROKER, SURVEYOR, ENGINEER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. GRANTEE WAIVES ANY AND ALL RIGHTS OR REMEDIES IT MAY HAVE OR BE ENTITLED TO,DERIVING FROM DISPARITY IN SIZE OR FROM ANY SIGNIFICANT DISPARATE BARGAINING POSITION IN RELATION TO GRANTOR. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS DISCLAIMER WERE A MATERIAL FACTOR IN THE DETERMINATION OF THE SALES PRICE FOR THE PROPERTY. GRANTEE ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS TRANSACTION AND THAT GRANTOR WOULD NOT HAVE AGREED TO SELL THE PROPERTY TO GRANTEE FOR THE SALES PRICE WITHOUT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH HEREIN. 9 2020-2020019585 05/14/2020 10:58 AM Page 10 of 10 Nueces County Kara Sands Nueces County Clerk Instrument Number: 2020019585 eRecording-Real Property DEED Recorded On: May 14, 2020 10:58 AM Number of Pages: 10 " Examined and Charged as Follows: " Total Recording: $43.00 STATE OF TEXAS NUECES COUNTY * AAL I hereby certify that this Instrument was FILED In the File Number sequence on the date/time cy `' S a printed hereon,and was duly RECORDED in the Official Records of Nueces County,Texas. of NUE Gti�� Kara Sands Nueces County Clerk n n Quo Nueces County,TX w w� **** *****THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020019585 Simplifile Receipt Number: 20200514000084 484 North 300 West, Suite 202 Recorded Date/Time: May 14, 2020 10:58 AM User: Randall N Provo UT Station: PUBLIC04 REZONING APPLICATION A Case No.: Map No.: / 0 PC Hearing Date: Proj.Mgr: � d Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development Services Dept. 41 Hearing Time: 5:30 p.m. P.O.Box 9277 2 Corpus Christi,Texas 78469-9277 tl�: *A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. (361)826-3240 0 *INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Located at 2406 Leopard Street 1. Applicant: SEE ATTACHED SIGNATURE SHEET Contact Person Mailing Address: City: State: ZIP: Phone: ( ) E-mail: Cell: ( ) 2. Property Owner(s): SAME AS ABOVE Contact Person Mailing Address: City: State: ZIP: Phone: ( ) E-mail: Cell: ( ) Q G 3. Subject Property Address: NORTHWEST CORNER FM 43 AT SH 286 Area of Request(SF/acres): 385.802 AC Current Zoning &Use: NONE/VACANT Proposed Zoning & Use: CN-1 & CG2; COMMERCIAL 4250 0000 4710 4250-0000-4100 12-Digit Nueces County Tax ID:------__--- Subdivision Name: Block: Lot(s): Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held with City Staff ❑■ Land Use Statement ❑■ Disclosure of Interest ❑■ Copy of Warranty Deed IF APPLICABLE: ❑■ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑0 Metes&Bounds Description with exhibit if property includes un-platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Received By: ADP: Rezoning Fee: + PUD Fee + Sign Fee =Total Fee No. Signs Required @$10/sign Sign Posting Date: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\ZONING APPLICATION 2015.DOC Form Revised 5/12/2015 Application Fees (As of November 1, 2011) Rezoning Fees 0.00 - 0.99 acres $1,107.50 1.00- 9.99 acres $1,692.50 10.00 -24.99 acres $1,976.75 25 + acres $1,976.75 plus $50.00 per acre over 25 acres Notice Sign $10.00 per sign Planned Unit Development(PUD) Fees (PUD fees are in addition to the rezoning fees above.) 0.00 >_ 0.249 acre $542.00 0.25 >_ 0.99 acre $591.00 1.00 >_ 4.99 acres $825.00 5.00 >_ 9.99 acres $1,172.00 10.00 >_ 14.99 acres $1,317.00 15.00 >_ 19.99 acres $1,499.00 20.00 >_ 24.99 acres $1,584.00 25.00 acres or more $1,584.00 + $50.00 per acre over 25 acres LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. ALL LAND WILL BE USED FOR NEIGHBORHOOD AND GENERAL COMMERCIAL. 2. Identify the existing land uses adjoining the area of request: North - VACANT South - F M 43 East - SH 286 West - CR 33 & VACANT LAND C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS ` `'' City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: SEE ATTACHED SIGNATURE SHEET STREET: CITY: ZIP: FIRM is:0 Corporation 0Partnership 0Sole Owner 0Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NONE 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Print Name) Signature of Certifying Person: Date: K:\DEVELOPMFNTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEM ENT_5.12.2015.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTV♦PPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC �SyyUBCfjo_ o l� Development Services 2406 Leopard Street,Corpus Christi,TX 78408 Phone:(361)826-3240 www.cctexas.com r2 PEAK HOUR TRAFFIC(PHT)FORM A Traffic Impact Analysis(TIA)determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: NORTHWEST CORNER FM 43 AT SH 286 Legal Description(Subdivision,Lot,Block): Applicant Name: SEE ATTACHED SIGNATURE SHEET Address: City/State/Zip: Telephone: Email: Application Status(Select One): 0 Rezoning=Site Plan=Street Closure Existing Land Use Tract Unit of Zoning Land Use I.T.E. A.M. Peak P.M. Peak Acres Measure Code Trip A.M. Trip P.M. Rate Trips Rate Tri s NONE Proposed Land Use Tract Unit of Zoning Land Use I.T.E. A.M. Peak P.M. Peak Acres Measure Code Trip A.M. Trip P.M. Rate Trips Rate Trips 99.002 AC CN1 COMMERCIAL 814 3.81 4107 6.99 7535 286.800 AC CG2 COMMERCIAL 820 3.81 11906 6.99 21843 Total 16013 Total 29378 Abutting Streets Street Access Proposed Pavement Width ROW Width Name To Street? (FT) (FT) SH 286 Yes 26 400 FM 43 Yes 42 100 CR 33 Yes 16 35 .................................................................................................................................................................................................................................................................................................................................... For City Use Only A Traffic Impact Analysis IS required.The consultant preparing the TIA must meet with the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required.The proposed traffic generated does not ❑ exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note:This completed and reviewed form must accompany any subsequent application for the IDENTICAL project.CHANGES to the proposed project will require a new TIA determination to be made. 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APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Mailing Address: City: State: Zip: Home Phone: ( ) Business Phone: ( ) Cell: ( I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions,and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I","my",or"me"is a reference to the entity. *Signature of Agent: Title: Printed/Typed Name of Agent: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant,each partner of a partnership,or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09.doe P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street CITY OF CORPUS CHRISTI (Corner of Leopard St.and Port Ave.) DEVELOPMENT SERVICES CHANGE OF ZONING APPLICATION INSTRUCTIONS Incomplete applications are not accepted. Contact a City Planner for a pre- submission conference. 1. APPLICANT INFORMATION: • Identify the name of the person or company who is requesting the change of zoning, along with their telephone number and address. • Identify whether the applicant is the owner of the subject property, a tenant (renter, leasee), prospective purchaser (intends to buy the property), or other (trustee, etc.). 2. REPRESENTATIVE INFORMATION: • Identify the name of the person or company, if any, who will represent the applicant in the rezoning request, along with their telephone number and address. • If the representative is a company, identify the name of a person who can be contacted if additional information is needed. 3. OWNER INFORMATION: • Identify the name of the person or company who owns the property, along with their telephone number and address. If the applicant and owner are the same, write "Same as Applicant." • If the property was recently purchased, provide a copy of the recorded deed. • If the property is owned by an entity, provide proof of who can execute contracts on behalf of the entity. 4. REQUEST INFORMATION: • From: Identify the property's current zoning classification (i.eRS-6, CN-1, IL, etc.), including any overlay districts (i.e. RS-6/SP, CI/HC, etc.). • To: List the requested zoning classification. If requesting more than one classification, submit a map showing the area divided into tracts with the requested zoning for each tract, along with the size of each tract in square feet or acres. • Describe the location of the property using the address and nearest cross street (i.e. 1213 Santa Fe Street, south of Craig Street). If there is no address, list the street the property fronts on and the distance to the nearest cross street (i.e. Johanna Street, approximately 800' west of Richter Street). • List the size of the property in square feet if less than one acre, or in acres if one acre or more. • Provide the legal description of the property (i.e. Lot 1, Block 1, Bayview Addition Unit 1). • If the property is part of a lot, or is an unplatted tract of land, submit a metes and bounds description sealed by a registered surveyor and drawing of the area. Please refer to Graphic 1 for what is needed. • List the current use(s) of the property (i.e. convenience store, restaurant, residential, etc.) • List the proposed use(s) of the.property. • Provide the 12-digit tax account number. Graphic 1 - Metes and Bounds Drawing u CURVE I DELTA ANGLE RADIUS 1 TANGENT ARC LENGTH 4g Required -► C2 osie3o 3160.000 90.91 iei.n L-00 C3 14'33 14 1440.00 183.88 363.78 Sbt'1T3Q'E_ _.. S S81.1T3Q'E. _ —- - —-—- '� Yorktowrt t ulevard 170'00' 1 - LINE BEARING DISUNCE s { $ 3 Required L2 Szlr;z� '�� � L3 S61'1730 15200 = L1 L4 S28'42 30 245.00 ' ' LS 381'1730 120.00 L3 iVg ig LB N28'4230 235.00' L7 N61'1730 170.00 J LB N28'4230 30.00 S81'17'30'E 783.00' � Lot 24 L9 N61'17 30 270.19 m tj0� F $W""21 L10 N28.4230 175.00 Rezoned"$-1B" a� `g y 71N61'1730 185.04 L12 N69'4549 -r$6 6-6 a 2eau ACRES L13 N61.1730 24&73 o L14 N5311'03'%- 70.35 s.n�42s d S cd.25 L16 NSW4057 130.01 L15 tl� L76 N43.1544 -i 1-8.3-9 Id 17 W IS NB17T30'W LI L13 L121 U1� 3.0m23 Swtbn 2S 313.88' i Let 23 Let>? Let 31i Lw 30 tet 29 Let 28 Swaw 21 Swum 23 Swtbn 25 3.Wm 23 S.W.25 Sw1bn 23 1 Map to Accompany ra MIffAvu.Rio ndeXWoo.ennabrOWb-dm a•°'e•-P••d+�•rJ W d fob 14 It me A S LM A I— l.t ex C'h..4.�w d.na a 1.—W a Kv—It F.F.41-41 1W*-*d M.-muy. 5. DISCLOSURE OF OWNERSHIP INTEREST INFORMATION: • Applicants seeking a change of zoning must provide a completed Disclosure of Ownership Interest form. The form is available from the Department of Development Services. 6. LAND USE STATEMENT INFORMATION: Complete land use statement form containing the following information: • State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc., (additional supporting documents are acceptable, i.e., site plan). • Identify the existing land uses adjoining the area of request: North - South - East - West - OTHER INFORMATION: SITE PLAN: If a site plan is required during the public hearing process, the following must be included: • One color copy of the plan drawn to scale, and one 81/2" x 11" copy. • The location, height, and square footage of existing signs. A scale drawing of proposed signs along with an 81/2"x 11" of sign elevation plans. • On-site parking with typical dimensions. • Existing building lines, easements, existing and proposed drive approaches, etc. ZONING NOTICE SIGNS: • The applicant is required to post a zoning notice sign(s) on the property at least 15 days before the Planning Commission hearing. The sign must remain posted until either final City Council action or the applicant withdraws the request. Failure to properly post the sign(s) may result in postponement of the application until the next available meeting agenda. • One sign is required for each 1,000 feet of street frontage. For the purpose of calculating the required number of signs for a property with more than one street frontage, each street frontage will be calculated separately. • Zoning notice signs are available from the Department of Development Services for $10.00 per sign. Signs must be picked up at the Department of Development Services. NOTES: • Planning Commission hearings are held every other Wednesday in the Council Chambers at City Hall beginning at 5:30 p.m. City Council hearings are held every Tuesday, except the first Tuesday of the month, in the Council Chambers beginning at noon. • In fairness to the Planning Commission, this request should not be discussed with members of the Planning Commission before the hearing. • Department of Development Services staff is available to provide assistance. Revised 06/24/2012 K:\DEVELOPMENTSVCS\SHARED\SYLVIA ARISPE\HTE DOCS\ZONING\ZONINGAPPLICATIONINSTRUCTIONS.DOC r P.O. Box 9277 + Corpus Christi,Texas 78469-9277 ' y (361) 826-3240 Located at: 2406 Leopard Street CITY OF CORPUS CHRISTI (Corner of Leopard St.and Port Ave.) DEVELOPMENT SERVICES ZONING PROCESS • An application for a change of zoning requires two public hearings, one before the Planning Commission and one before the City Council. Please note that the Planning Commission and City Council may conduct their public hearings over one or more meetings. The applicant or representative should be present at the hearings. • All surrounding property owners within 200 feet of the area under consideration will be notified 10 days before the Planning Commission public hearing. The notice advises property owners of their right to appear and express their opinion at the hearing, or submit written comments on the requested change. • After considering all the facts presented at the public hearing, the Planning Commission will take an action that is a recommendation to the City Council. The zoning request will then be forwarded to the City Manager's Office to be scheduled for a City Council public hearing. • All surrounding property owners within 200 feet will be notified 15 days before the City Council public hearing. A notice will also be placed in the Caller-Times newspaper 15 days before the City Council hearing. • If written opposition, totaling 20% or more of the land area within the 200-foot notification area is received, a 3/4 vote majority of the City Council (7 of the 9 Council members) is required to approve the request. • Applicants may withdraw an application (in writing) at any time during the process. If the application is withdrawn after the notices for the Planning Commission public hearing are mailed, the applicant is eligible for a refund of 35% of the filing fees. Applications withdrawn after the notices for the City Council public hearing are mailed are not eligible for a refund. • If an action on the application is made by the Planning Commission or City Council, no further applications for rezoning on all or part of the subject property may be considered for a period of twelve (12) months unless a waiver is granted by the City Council. • As a general rule, the time period involved from the submission of a completed application to the passage of an ordinance is two months. This time period can vary depending on the complexity of the application and the number of cases currently on the docket. NOTE: It is important to understand that approval of a change in zoning cannot be construed as amending the Building Code, Fire Code, or any other applicable ordinances. Further information call the Department of Development Services at (361) 826-3240 Revised 08/24/2012 K:\DevelopmentSvcs\SHARED\Sylvia Arispe\HTE Docs\Zoning\ZONING PROCESS.doc ADDENDUM TO CITY OF CORPUS CHRISTI: REZONING APPLICATION DISCLOSURE OF INTERESTS 1. Bill J.Brown Reagan Travis Brown Alyssa A Brown McCoy Mailing Address For Above Browns&McCoy P.O.Box 8229 Corpus Christi,Texas 78468 2. Bobak Mostaghasi,Managing Member The London Proper,LLC 5 West Bar-Le-Doc Corpus Christi,Texas 78414 3. Joseph D.Cox,Trustee,for Lien on Property owned by The London Proper,LLC MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, zip 78404 NtxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B-CN1 TR Ldoc CN-1 Tract 1 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 62.303 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records,Nueces County,Texas and also being a portion of an 89.168 acre tract of land described by deed in Document No.2015011169, Official Records of said county,said 62.303 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68,Page 824,said map records,for angle point in the south boundary line of the tract herein described; THENCE S89°08'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official records, to a point in the east right-of-way line of County Road 33 for the southwest or westernmost corner of the tract herein described; THENCE N20012'50"E 1172.65' along said east right-of-way line of County Road 33 to a point for the northwest corner of the tract herein described; THENCE N89013'29"E 2457.23' along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523,Page 394,Deed Records of said county, to a point for the southeast corner of said 1.77 acre tract and northeast corner of the tract herein described and of said 89.168 acre tract in the west boundary line of a 298.57 acre tract of land described by deed recorded at Document No. 2020019585, said official records; THENCE S18°00'59"W 1155.04' along the west boundary line of said 298.57 acre tract to a point for the southeast corner of the tract herein described; THENCE S89012'35"W 1838.38' to the POINT OF BEGINNING, a sketch showing said 62.303 acre tract being attached hereto as Exhibit"E". ixon M.Welsh,R.P.L.S. 4 F ger v�sri,�c d1 NIXON M.WELSH, .... ..... .... 2211 a„ r'•.+ �a�' •o 7 aaa EXHIBIT "A" ko suF*tq�� Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 Ni XON M. WELSH, P.E.,R.P.L.S. 361 882-5521--- FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B CN1 Tr2.doc CN1 Tract 2 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 36.699 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas and being a portion of a 298.57 acre tract of land described by deed in Document No. 2020019585, Official Records of said county,said 36.699 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northwest corner of said 298.57 acre tract in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343, said official records, said beginning point for the northwest corner of the tract herein described and northeast corner of a 21.76 acre tract of land described by deed,Doc.No.2019002524,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 887.86' to a point for the northeast corner of the tract herein described; THENCE S17052'10"W 1896.98'to a point for the southeast corner of the tract herein described; THENCE S89°13'29"W 892.40' to a point for the southwest corner of the tract herein described and northeast corner of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169, said official records,in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18°00'59"E 1896.77 to the POINT OF BEGINNING,a sketch showing said 36.699 acre tract being attached hereto as Exhibit"E". on M.Welsh,R.P.L.S. t•'O NI. . M,WELSH 4..4 2211 ty' '0 suay� EXHIBIT "B" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NixoN M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265 www.bass-weish.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B CG2.doc CG2 Zoning STATE OF TEXAS § COUNTY OF NUECES § Description of a 286.800 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas and being a portion of a 298.57 acre tract of land described by deed in Document No. 2020019585, Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169,said official records, said 286.800 acre tract of land as further described by metes and bounds as follows: BEGINNING at the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68,Page 824,said map records,said beginning point for a southwesterly corner of the tract herein described; THENCE N89012'35"E 1838.38' to a point for interior southwesterly corner of the tract herein described in the west boundary line of said 298.57 acre tract; THENCE N18°00'59"E 1155.04' along said west boundary line of 298.57 acre tract to a point for west central corner of the tract herein described and northeast corner of said 89.168 acre tract; THENCE N89°13'29"E 892.40'to a point for interior central corner of the tract herein described; THENCE N17°52'10"E 1896.98'to a point for north central corner of the tract herein described in the upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 1777.00' to a point for the easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17052'10"W 1568.11' along a south central boundary line of said 308.99 acre tract to a point for central interior corner of the tract herein described and south central corner of said 308.99 acre tract; THENCE N89°23'24"E 1863.69' along a southeast or lower south boundary line of said 308.99 acre tract to a point in the west right-of-way line of State Highway 286 (Chapman Ranch Road) for the northernmost east corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17°50'11"W 1125.47' along said west right-of-way line of State Highway 286 to a common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; EXHIBIT "C" Page 1 of 2 Metes and Bounds Description,286.800 Acre Tract,May 14,2020,Continued; THENCE S17°55'02"W 25.06' along said west right-of-way line of State Highway 286 to a common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S21035'08"W 56.77' along said west right-of-way line of State Highway 286 to the point of curvature of a circular curve to the left having a central angle of 11°23'16", a radius of 4179.72' and a chord bearing S15°21'38"W 829.37'; THENCE along said west right-of-way line of State Highway 286,being along said circular curve to the left, a distance of 830.74'to a point for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43) S48°50'10"W 77.88' to a point for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89°12'35"W 6395.42'along said north right-of-way line of Weber Road to a point for right-of-way line corner of said Weber Road and southwest corner of the tract herein described; THENCE N20'11'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 286.800 acre tract being attached hereto as Exhibit"E". O . bixon M.Welsh,R.P.L.S. ,f.'" NIXM.WELSH {}w �..• f.aia ffff • 2211 •• 4 URNS EXHIBIT "C Page 2 of 2 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, zip 78404 Nixon M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 16014-M&B-Annex.doc Annexation Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 385.802 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, a map of which is recorded in Volume 3,Page 15, Map Records, Nueces County, Texas and being all of a 298.57 acre tract of land described by deed in Document No.2020019585, Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169, said official records,said 385.802 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod with plastic cap labeled Bass and Welsh Engineering found for the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68, Page 824, said map records,said beginning point for interior southwesterly corner of the tract herein described; THENCE S89008'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official records, to 5/8" iron rod found in the east right-of-way line of County Road 33 for the upper southwest or westernmost corner of the tract herein described; THENCE N20012'50"E 1172.65' along said east right-of-way line of County Road 33 to a 5/8"iron rod set for the northernmost west corner of the tract herein described; THENCE N89013'29"E 2457.23' along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523, Page 394, Deed Records of said county, to a 5/8" iron rod set for the southeast corner of said 1.77 acre tract,west central interior corner of the tract herein described and northeast corner of said 89.168 acre tract in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18°00'59"E 1896.77' to a 5/8" iron rod found for the northwest corner of said 298.57 acre tract and westernmost north corner of the tract herein described in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 2664.86' to a 1" iron pipe found for easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17052'10"W 1568.11' along a south central boundary line of said 308.99 acre tract to a 5/8" iron rod found for east central interior corner of the tract herein described and south central corner of said 308.99 acre tract; EXHIBIT "D" Page 1 of 2 Metes and Bounds Description,385.802 Acre Tract,May 14,2020,Continued: THENCE N89023'24"E 1863.69' along a southeast boundary line of said 308.99 acre tract to a 5/8" iron rod found in the west right-of-way line of State Highway 286 (Chapman Ranch Road) for the northernmost east corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17050'11"W 1125.47' along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S17°55'02"W 25.06'along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S21°35'08"W 56.77'along said west right-of-way line of State Highway 286 to a 5/8"iron rod found at the point of curvature of a circular curve to the left having a central angle of 11°23'16", a radius of 4179.72', and a chord bearing S15°21'38"W 829.37'; THENCE along said west right-of-way line of said State Highway 286, being along said circular curve to the left,a distance of 830.74'to a TxDOT monument with brass disk found for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43) S48050'10"W 77.88'to a TxDOT monument with brass disk found for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89012'35"W 6395.42' along said north right-of-way line of Weber Road to a 5/8" iron rod found for right-of-way line corner of said Weber Road and lower southwest corner of the tract herein described; THENCE N20011'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 385.802 acre tract being attached hereto as Exhibit"E". ixon M.Welsh,R.P.L.S. O F g,��!4►sTE�t4 4P ;... K M WELSH IX{?�t .... ..... .... . 2211 ' r�+O$URy�jO EXHIBIT "D" Page 2 of 2 PORTION SECT. "D", LAURELES FARM TRACTS, V. 3, P. 15, M. R., DOC. N0. 2012027694, —ZD O.R., DALE ROFF, 1.06 AC.---- CL CR 33 co M❑KRY ESTATES m� V. 68, P. 824, M. R. e,� c? 6S F 0 400' 800' 1600' OD NN .(J1 SCALE: 1'= 800' I NN t8 O r 00 � n i0 1. 77 AC. TRACT, MAGGIE "- ro z �- CARLISLE, ET AL, V. 1523, P. 394, D. R. w W ]> ru m Ln O n N REMAINDER OF 173. 21 AC. TRACT MICHAEL n m (� —I MEANEY, ET AL, DOC. NO. 2005062830, ❑, R, , AND JOSEPH MEANEY AS TRUSTEES, I 01) I> '—' � DOC. NO. 2019022574, O. R. w Ln 00 n z J BRASELT❑N DEVELOPMENT � N W w C❑. , DOC. NO. Cn p 2019028160,❑, R. , 8. 68 AC. co BRASELT❑N DEVELOPMENT CO. , LTD, DOC. NO. 00 S18°Op, 2019002524, ❑, R. ,21. 76 AC, 11 S 59�W S I ]> —i 04 r z n I n M (� co N18°00 S9. �cl t �o CL FM 43 I N w CN1 f 1896 �Af w o ( WEBER ROAD)—,.,,, $N T ZpN >' I 36 RAC T NG 699A co C �A z w� Sl>°S2 �0,W 00 0 c' 'D OD 98, m ie d Iw CO2 ZONING TRACT, £ 286. 800 AC. NOTE: THE OVERALL TRACT SHOWN A N HEREON ( SUM OF THREE Z❑NING c I TRACTS SHOWN) = ANNEXATION TRACT = 385. 802 AC. o I o � Sl>• I z 58 10.4 3 co z 0It 1S6g ro �jMjt 11 w I ro -Na a n ,- q I { Wm EXHIBIT " E" S�l•3 o a oN SKETCH TO ACCOMPANY METES S6. �8'W n AND BOUNDS DESCRIPTIONS 'Tl >° 1'=800' S48`50' 10'W 77. 88' f c'S 5 0�'•W 9D� ID' BASS AND WELSH ENGINEERING D=11°23' 16' 50- 0 tj CORPUS CHRISTI, TX R=4179. 1185 g j�"4/ n F) ENGINEERING REG. NO. F7 T=416, 744'' 52, FILE: L=830. 74' CL SH 286 EXB-ZONING, JOB NO. 16014, SCALE: 1" = 800' CH=829, 37' ( CHAPMAN RANCH PLOT SCALE: SAME, PLOT DATE: CB=S15°21' 38'W ROAD) , ROW WIDTH VARIES 5/14/20, SHEET 1 OF 1 MUNICIPAL SERVICE PLAN AGREEMENT FOR THE 385.802 ACRE TRACT OF LAND OUT OF TRACT D, LAURELES FARM TRACTS This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and The London Proper, LLC, Origin Bank (Lien Holder), Bill J. Brown, Reagan Travis Brown, and Alyssa A. Brown McCoy (collectively "Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 385.802 acres of land situated in Nueces County, Texas, as specifically described in Exhibit "A" ("Subject Properly"'), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as 2 applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and 3 alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the 4 Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. Improvements are needed to County Road 43 in order to serve the Subject property (King Lake Subdivision). Only a portion of County Road 43 is located within the annexation area. Responsibility for improvements to County Road 43 outside the annexation area will remain with Landowner or Landowner's developer and Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 5 Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. 6 This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. MUNICIPAL SERVICE PLAN AGREEMENT FOR THE 385.802 ACRE TRACT OF LAND OUT OF TRACT D, LAURELES FARM TRACTS CITY OF CORPUS CHRISTI LANDOWNER(S) By: Peter Zanoni, By: City Manager Bobak Mostaghasi, General Partner The London Proper, LLC Date: Owner By: Joseph D. Cox, Trustee APPROVED AS TO FORM: Lien in favor of Origin Bank By: Buck Brice Assistant City Attorney By: for the City Attorney Bill J. Brown Owner By: Reagan Travis Brown Owner By: Alyssa A. Brown McCoy Owner EXHIBIT A METES AND BOUNDS MURRAY BASS, JR., P.E.,R.P.t..S. 3054 S. ALAMEDA, ZIP,78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521-- FA 361 882-1265 www.bass-welsh_com e-mail: murrayjr(a)aol.com e-mail: nixmwl@gmail.com BASS & WELSH ENGINEERING Engineering Firm Reg.. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 14,2020 1.6014-M&B-Annex.d oe Annexation Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 385.802 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts,a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County,Texas and being all of a 298.57 acre tract of land described by deed in Document No.2020019585, Official Records of said county and a portion of an 89.168 acre tract of land described by deed recorded in Document No. 2015011169,said official records,said 385.802 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod with plastic cap labeled Bass and Welsh Engineering found for the northeast or easternmost corner of Mokry Estates, a map of which is recorded in Volume 68, Page 824, said map records,said beginning point for interior southwesterly corner of the tract herein described; THENCE S89'08'55"W 666.82 along the north boundary line of said Mokry Estates and along the north boundary line of a 1.06 acre tract of land described by deed recorded at Document No. 2012027694, said official records, to 518" iron rod found in the east right-of-way line of County Road 33 for the upper southwest or westernmost corner of the tract herein described; THENCE N20012'50"E 1172.65' along said east right-of-way line of County Road 33 to a 518"iron rod set for the northernmost west corner of the tract herein described; THENCE N89'1.3'29"E 2457,23' along the south boundary line of a 1.77 acre tract of land described by deed recorded at Volume 1523, Page 394, Deed Records of said county, to a 518" iron rod set for the southeast corner of said 1.77 acre tract,west central interior corner of the tract herein described and northeast corner of said 89.168 acre tract in the west boundary line of said 298.57 acre tract; THENCE along said west boundary line of 298.57 acre tract N18'00'59"E 1896.77'to a 518" iron rod found for the northwest corner of said 298.57 acre tract and westernmost north corner of the tract herein described in an upper south boundary line of a 308.99 acre tract of land described by deed recorded at Document No. 941343,said official records; THENCE along said upper south boundary line of 308.99 acre tract N89°06'41"E 2664.86' to a 1" iron pipe found for easternmost north corner of the tract herein described and central interior corner of said 308.99 acre tract; THENCE S17°52'10"W 1568.11' along a south central boundary line of said 308.99 acre tract to a 518" iron rod found for east central interior corner of the tract herein described and south central corner of said 308.99 acre tract; Metes and Bounds Description,385.802 Acre Tract,May 14,2020,Continued: THENCE N89023'24"E 1863.69' along a southeast boundary line of said 308.99 acre tract to a 518" iron rod found in the west right-of-way line of State Highway 286 (Chapman Ranch Road) for the northernmost east. corner of the tract herein described and southeast corner of said 308.99 acre tract; THENCE S17050'11"W 1125.47' along said west right-of-way line of' State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way lint;of State Highway 286 and east boundary line of the tract herein described; THENCE S17055'02"W 25.06'along said west right-of-way line of State Highway 286 to a TxDOT monument with brass disk found for common angle point in said west right-of-way line of State Highway 286 and east boundary line of the tract herein described; THENCE S21035'08"W 56.77'along said west right-of-way line of State Highway 286 to a 518"iron rod found at the point of curvature of a circular curve to the left having a central angle of 11*23'16",a radius of 4179.72', and a chord bearing S15°21'38"W 829.37'; THENCE along said west right-of-way line of said State Highway 286, being along said circular curve to the left,a distance of 830.74'to a TxDOT monument with brass disk found for upper southeast corner of the tract herein described; THENCE along a "cutback" right-of-way line between said State Highway 286 and Weber Road (FM Highway 43) S48°50'10"W 77.88'to a TxDOT monument with brass disk found for lower southeast corner of the tract herein described in the north right-of-way line of said Weber Road; THENCE S89°12'35"W 6395.42' along said north right-of-way line of Weber Road to a 518" iron rod found for right-of-way line corner of said Weber Road and lower southwest corner of the tract herein described; THENCE N20011'54'E 629.71' along a north right-of-way line of said Weber Road and along the east boundary line of said Mokry Estates to the POINT OF BEGINNING,a sketch showing said 385.802 acre tract being attached h ri cto as Fxhihit"E". ixon M.Welsh,R.P.L.S. 0 F ... } A we Tait, K�xo�t .... ..... .... . •�� 7311 !Y. lj- I if II H-L ?q III 11V .3 Ila r• III k. Ilr III III I AN III i6 b.r w s e I r. i y la IV' r Ii I f f: 14 � I!k ✓i II Q +•IIY�.L I a II I' z II I = r II n I, N Ir v I I Y a o Ij •p I I i"z ttl � _ '�•8rp I ! rit •rtla i ins Al ;. lit r�• tlr �y:r EXHIBIT B ANNEXATION AREA MAP 14 i i+ I j % % - I � .. King's Landing 1 Annexation Londontown (11119119) Annexation (D5/14(2019)._..J % 1 385.802 —J7a c :e w. r a� Legend _1 Annexation Area L.._I City Limits-Current Parcel Bounds N City Of Print Date: 07/17/2020 Corpus Christi A:Annexation Area p = 385.802 acres 0 1,200 2,400 4,800 1 inch = 2,000 feet Feet City of Corpus Christi Area Development Plan le-i�—Ito-ho MARCH 17 � �-� . 2020 r1ridon AREA DEVELOPMENT PLAN ACKNOWLEDGEMENTS CITY COUNCIL Sheldon Schroeder Commission Member Joe McComb Michael M. Miller Mayor Commission Member Rudy Garza Jr. Daniel M. Dibble Council Member At-Large Commission Member Paulette M. Guajardo Michael York Council Member At-Large Commission Member Michael T. Hunter Benjamin Polak Council Member At-Large Navy Representative Everett Roy Council Member District 1 Ben Molina STUDENT ADVISORY Council Member District 2 COMMITTEE Roland Barrera Council Member District 3 Ben Bueno Greg Smith Harold T. Branch Academy Council Member District 4 Estevan Gonzalez Gil Hernandez London High School Council Member District 5 Grace Hartridge Veterans Memorial High School PLANNING COMMISSION Londo uHigh lSchool Carl E. Crull Ciara Martinez Chairman Richard King High School Jeremy Baugh Katie Ngwyen Vice Chairman Collegiate High School Marsha Williams Damian Olvera Commission Member Texas A&M Corpus Christi Heidi Hovda Natasha Perez Commission Member Del Mar College Kamran Zarghouni Emily Salazar Commission Member Mary Carroll High School ADVISORY COMMITTEE Kara Rivas Young Business Professionals of the Coastal Charles Benavidez Bend Texas Department of Transportation Gordon Robinson Donna Byrom Corpus Christi Regional Transit Authority London Resident Eloy Salazar Marco Castillo United Corpus Christi Chamber of Commerce Southside Resident Steve Synovitz Joseph Cortez Oso Creek I-Plan Coordination Committee Corpus Christi Association of Realtors John Tamez Carl Crull London Area Landowner Planning Commission Judi Whitis Rabbi Ilan Emanuel London ISD Corpus Christi Clergy Alliance Dr. Mark Escamilla Del Mar College CONSULTANT TEAM Gil Hernandez FREES E Corpus Christi City Council District 5 . Dr. Roland Hernandez 1 M ICHOLS Corpus Christi ISD Casandra Lorentson Freese and Nichols, Inc. Parks and Recreation Advisory Committee 11200 Broadway Street, Offices West Wayne Lundquist Suite 2320 London Area Landowner Pearland, TX 77584 Robert MacDonald Corpus Christi Metropolitan Planning Organization Moses Mostaghasi Coastal Bend Homebuilders Association Benjamin Polak Naval Air Station Corpus Christi Jay Reining Oso Creek I-Plan Coordination Committee THIS PAGE INTENTIONALLY LEFT BLANK Ordinance adopting a new London Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former London Area Development Plan adopted on August 17, 1987; and amending the Plan CC Comprehensive Plan WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the London Area Development Plan. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 5, 2020, during a meeting of the Planning Commission, a n d on Tuesday, February 25, 2020, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, City Staff invited the public to workshops and public meetings that were held on January 28, 2019, April 1, 2019, April 2, 2019, April 4, 2019, and December 5,2019 to give input to help develop a London Area Development Plan for Corpus Christi, and to receive public feedback. WHEREAS, an Advisory Committee provided guidance and assistance throughout the process and staff coordinated with various community agencies. WHEREAS,the City shall use the London Area Development Plan as a guideline for urban growth, implementation of policy initiatives and public investments, and to facilitate other plans that the city considers necessary for systematic growth and development. WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.That the London Area Development Plan, adopted by City Council Ordinance#19975 on August 17, 1987, is hereby rescinded. SECTION 2.That the London Area Development Plan, as shown in Exhibit A, which is attached and incorporated by reference, is adopted as an element of the Plan CC Comprehensive Plan. SECTION 3.To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as 032048 SCANNED amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. That the foregoing ordinance was re 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 A4 2 That the foregoing ordinance was read for the second time and passed finally on this the 1"+t^ day of V\oA,l(� 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:. alL,4 ��"/ Rebecca Huerta Jq6 I cComb City Secretary Miay r , 032048 �n A A4 -i," A-It r :r- a • rte? {�... •. s � aN1r P _ d y r � yio " d41 : i r 's, r c �F TABLE OF CONTENTS Im INTRODUCTION Im FUTURE LAND USE MAP IN VISION THEMES POLICY INITIATIVES AND IMPLEMENTATION PUBLIC INVESTMENT INITIATIVES LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 1 INTRODUCTION � r F 0. a I _ ' f nPIP LP0mFNT n TNF PI ON The London Area Development Plan (LADP) The LADP was created through a is an element of the Plan CC Comprehensive comprehensive public engagement process Plan. The LADP is intended to provide an that integrated the examination of the analysis of the London Area and create existing conditions and the vision of the strategic recommendations to guide future community. development. With anticipated growth in the London Area, the City should be An Advisory Committee was created to prepared to balance the needs of existing assist in guiding the planning process and and new development. New construction in provide a representation of the area's the London Area occurring both inside and residents, business owners, students, and outside of city limits will have an impact on stakeholders. The committee's participation other areas of the City. The plan includes new was essential to the development of the future land uses for the area, a vision of the final plan. Although the Advisory Committee future based on public input, specific actions championed the process, the community to achieve the vision, and infrastructure was involved throughout the process and initiatives for the implementation of the participated in multiple engagement events plan. This plan will serve as a guide for City and activities. Residents and stakeholders leadership to make educated regulatory gave their input regarding the future of and policy decisions. This plan will also help the London through online surveys and prioritize infrastructure improvements to various community engagement events, increase the quality of life for the community including a Community Open House and a and ensure sustainable growth. four-day Community Think Tank. Many of the recommendations identified in this plan are The London Area is primarily located outside a direct result of the input received, resulting of Corpus Christi city limits south of Oso in a community-driven plan. Creek with some areas within the city limits. The area extends south to County Road 18 and west to County Road 51. Development in the London Area is mostly undeveloped with some residential subdivisions. 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 3 TR000CT10N DEMOGRAPHICS POPULATION' : i 0.7% 5.0% Corpus9.8% 85+ 0-4 Average Annual Growth Rate 65 - 84 14.7% 2000-2018 ..................................................... 1,997 5 - 14 1,756 1,293 39.4 9.4% Median Age 15 - 19 464 16.6% 43.0% 20 - 34 35 - 64 2000 2010 2018 2023* *Projected Population 3.6% Other Race 2.2% Two or More Races 89.5% 0.1% White Pacific Islander 2.4% Black ' ' Asian 0.4% American Indian/ of Any _ Alaska Native -,A CITY OF CORPUS CHRISTI 4 MARCH 17 , 2020 INTR000CT1 HOUSINGI I , Vacant 40 10.4%IVacant Occupied Occupied Citywide London Average Household Size Occupied Housing Units Some College Associate Degree High School Graduate 6 .9% 19 .2% 46.9% 21 .6% %.*1W' 1 � No High School Diploma Bachelor's/Grad/Professional Degree 1 'Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2018 and 2023. 2Source:U.S.Census Bureau,2013-2017 American Community Survey 5-Year Estimates 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 5 'T R 1 EN GAGEMENT PRO Z;L4t�� a, dvisopyU3 itt. . . . The Advisory Committee m -� rr the Oso Bay Wetlands Preserve an The Student Advisory Q, Learning Center to identify issues Committee met to identify N and opportunities for the area. o issues and opportunities `rI for the area. `D " r The Committee reviewed a -n public input from April 1-4 o The four-day event involved Community Think Tank and rrI a series of meetings and provided feedback. presentations, input on �► future land uses, and draft o recommendations based on ro community feedback. L C C The Advisory Committee met at City Hall to verify o „ the Future Land Use Map, ro Vision, and Key Elements. r o r c < � � m e _ m U � The Advisory Committee cu An online survey was ^, o N available to the public, o, met to review the draft plan N allowing for input to be o ^, and provide feedback before o received regarding the o �_ presenting it to the communit Eo draft plan. `rI I 1 1 I CO CO ®.SSI RA7. �'.■ ■ !. L M U3 An online survey was available Over 100 people attended the U3 , p g p _ E community meeting at Kaffie to the public, allowing for input to be received regarding the Middle to learn about the Area '"�° current conditions and vision `-M Development Plan process and for the area. o o give input related to the area's o �o 0o future growth. �o 1 ,- 1 1 1 1 1 ■ ■ 1 cu O] � ■ ■ 1 ■ 1 1 ' � 1 1 , U3 � The Student Advisory Committee reviewed public inpu The Advisory Committee met to begin o from the January 28 Communit o drafting the Future Land Use Map. `� Meeting and provided feedback. ro 4. 1_ a U3 r [o =3 The draft plan wa presented to the c cu The Advisory Committee met ^, allowing for feedback from �, to recommend the draft plan :I,-'- March 17, 2020 the publi N move forward to be present o setting. o_ to Planning Commission a o `� City Council. 1 N 11 N 1 R E 1 I E V E 1 1 ' M E N T P I 1 1 0 2 0 TR000CT10N ONLINE SURVEY RESULTS WHAT IS YOUR FAVORITE THING ABOUT LONDON �QQ 12.42% Safe neighborhoods 3.82% Selection of housing/ housing prices X3.82% Convenient commute 0.14 4.14to work % Convenient access to shopping, dining, and entertainment 11 .15% Other % 17.52% - P No city taxes Schools CITY OF CORPUS CHRISTI 8 MARCH 17 , 2020 INTR000CT1 WHAT ARE 1 I II THE I !.*Other Nothing is missing THREE Parks & trails ISSUES Single-Family LONDON Homes ,IS FACIN3o�°I� Apartments rO Senior TODAY? I Housing Nis r'` Manufacturing " Urban Living ®� Entertainment Office or W Is TOIRestaurants Retail & Shopping Lack of variety in shopping, dining & entertainment IWHAT DOES I I I AREA II 10-20 I/A planned, aesthetically pleasing growth corridor with oot continued high quality school system and increased options for medium to high value single family residences with large lots, ^' -' interspersed with quality retail and entertainment offerings Water and sewer that would attract highly qualified business and industry leaders.ii infrastructure I/It's an upscale area with large lots and an amazing small school districtli I/Integrated neighborhoods, with small retail businesses, safe streets for autos, pedestrians, and cyclists, and plenty of parks, protected natural areas, and public spaces for play and �ote� events. Flooding & A development that contributes positive improvements to water quality the overall cleanliness & usability of the Oso Creek and watershed.ii 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 9 TR000CT10N COMMUNITY OPEN HOUSE IMPORTANTWHAT IS THE MOST CONSIDERING DEVELOPMENT 21.2% 16.8% o 9.7% 9.7% � � o } o c m 7.1% L — v x 0 L V) • � � 4.4% ~ o va L 3.5 �a o . o U > 0 • ' • w 00 • • • CITY OF CORPLIS CHRISTI 10 MARCH 17 , 2020 INTR000CT1 WHAT IS MISSING MOST IN LONDON? 28.1% 18.8% 17.2% 15.6% 7.8% 4.7% 3.1% Parks & Other Mixed-Use Shopping Entertainment Housing Restaurants Office Trails k TO THRIVE, 044.8% Schools ;0.3% Future potential SUNNI 41� J � Low Traffic - _- 3 rt v Oso Creek rt Q � o v � Parks & Trails N o 3 fD y rt � y y n O Rural Community N XG.9% Safe Community VISIONMY IR LONDO I/London ISD with I/Development with /I Develo or improve multiple campuses�� accessible sidewalk roads, I/Urban village.ii connectivity to parks, Master planned schools, etc.ij community.ii I/Improved drainagep I/Access for recreation I/Oso Creek and nature.jj preservation" 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 11 FUTURE LAND USE MAP — �tz. Ift.t VOW CIS L - _ y n aS ,`�' _ ���Q3o�• � �opa�o0�' 1s al Qs�aer el`��a� ea�y�o11ifi >Ali FUTURE LAND USE MAP The most direct tool cities have to guide the detail about land uses and development development in city limits is through zoning. patterns specific to the London planning Zoning is the prescribed legal use of a parcel area. Through this process, the future land of land based on city regulations. Although use designations for the London Area have zoning is influenced by the designations been revised to reflect community input, identified on the Future Land Use Map, anticipated development, and best practices. zoning only applies to areas located within city limits. Most of the London Area is located The London Future Land Use Map serves as in the ETJ. While there is no zoning in the the guide for future development decisions ETJ, the future land use designations can and provides a foundation to support the help influence development patterns. vision and recommendations of the plan. This is accomplished by setting a framework that The Plan CC Comprehensive Plan identified influences regulatory mechanisms and policy future land uses for the entire city and decisions that shape the built environment. planning areas to provide guidelines for Each of the designations presented on the development. The Area Development Plan London Future Land Use Map correlates with process is intended to go into further the classifications identified in Plan CC. LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 13 FUTURE LAND USE CATEGORIES AGRICULTURE/RURAL COMMERCIAL USES ENTERPRISECommercial land uses include retail, services, hotel, and office uses that are typically This category includes farms and other open to the public at large. High-density enterprises that serve the rural population. residential uses, such as townhomes, cottage housing, apartments, and condominiums are considered compatible with commercial uses. Other commercial uses, such as wholesale RESIDENTIAL USES and distribution businesses, are included in the light industry category because The predominant residential land use in the they have similar impacts, such as high City of Corpus Christi is the single-family volumes of trucking. Schools, churches, and dwelling at a range of densities. All residential neighborhood-serving public uses can be categories also include schools, churches, and included in commercial land use areas. neighborhood-serving public uses. Low-density residential: up to 3 units per acre INDUSTRIAL USES Medium-density residential: 4 to 13 units per acre (including two-family dwellings) Most of the industrial uses within the city limits of Corpus Christi are light industrial; High-density residential: more than 13 heavy industry is generally located in the units per acre industrial districts outside the city limits. CITY OF CORPUS CHRISTI 14 MARCH 17 , 2020 MIXED-USE AREAS GOVERNMENT Mixed-use centers include residential, retail, Government uses include federal, state, hotel, and office uses. Mixed-use centers are county, regional and municipal government pedestrian-friendly with buildings oriented facilities and installations, except for towards the street. Residential uses are government-owned institutions. generally of a higher density, including apartments, condominiums, townhomes, cottage housing, and small-lot single-family residential. The mixture can be vertical, with PERMANENT OPEN SPACE different uses on different floors of a building, and horizontal, with different uses side by Parks and playgrounds, recreational fields and side. Churches, schools and public uses are facilities, greenways, and other green areas included in mixed-use areas. managed for public access and recreation. INSTITUTIONAL FLOOD PLAIN Hospitals, colleges, universities, schools, large CONSERVATION churches, and similar institutions, whether public or private, are designated as separate land uses because of their campus-like Lands within the 100-year flood plain, character, which requires special attention to preferably preserved for environmental edges and relationships with adjacent areas. reasons. Note:For more information about categories TRANSPORTATION included in the Future Land Use Map, please refer to pages 55-57 of Plan CC. Airports, railroads, highway and interstate rights-of-way. LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 15 TUBE LAND USE MAP F U T U R E L A N 0 USE MAP ------------------------------------------------------------------------------ LAND USE ACRES PERCENTAGE I -------------------------------------------------------------------------------- Mixed-Use...........:..........776.:..............6:2% : , :... Agriculture/ Rural 5 : 0.0% : Enterprise Commercial 1,015 : 8.1% : Government 323 : 2.6/0 : ;. Institutional 135 : 1.1% .............................................................................. Low-Density 1,783 : 14.2% Residential :...:.............................:.................:.........................: Medium- London Future Land Use Density 6,317 : 50.3% : Residential : : : Mixed-Use :.............................................................................. Transportation 535 : 4.3 % Agriculture/Rural Enterprise ..... PermanentCommercial 0 en S ace 650 : 52% : .. ...p.......p................................ ......................... o Government i Flood Plain ` ` - Institutional /�: 984 : 7.8% . :• Conservation11 ..................................................................o Heavy Industrial Water 48:.......................... 0.4/ :: Light Industrial ... B ...................... ...................................: Low-Density Residential Total :: 12,571 : 100.0% : Medium-Density Residential .............................................................................. g y �. Hi h-Densit Residential Transportation Permanent Open Space Flood Plain Conservation Water Existing Roadway Proposed Roadway London Boundary Corpus Christi City Limits Note:A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. CITY OF CORPUS CHRISTI lfijL MARCH 17 , 2020 11 Miles • o G ° 0 F U T U�s L ND U M w vJ0 e Cry e G� - o0 • e / 5 z 1.0ND_0IN A_._REA 0EVE101PMENT PLAN ,,,, MAR H 17 , 02H VISION THEMES i ^w � `� k '; III .RAIN � NFMFR Although development is generally impacted by a variety of regulatory factors, market influences, and budgetary availability; a community with a clear vision can better focus the goals for the future. The vision for the community should be a high level overarching idea of the future that maintains �varq! a singular path for the future. To achieve thatts+{ra;4s vision, the City must make an effort to direct 'Do3 development and make improvements that -Te P� align with the vision. �\s Through the public engagement process, ] four themes began to emerge related to the residents desires for the future. The following ��t are the vision themes identified: V • Celebrate Our Community Character • Promote Sustainable Growth f ACCess•lll Sediwaf�� • Promote the Oso Creek and Bay as a0...6r, i, . Community Amenity Kf--5avA7- J` a �PkLo 1(1-:A I NraG� LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 19 l ,roR CELEBRATE OUR COMMUNITY CHARACTER The London Area has been characterized by having a tight-knit community character that features large residential lots, low levels of development, and open spaces. Those living in the London Area seek an area that does not have the hustle and bustle of the City. As anticipated growth occurs, it is essential to ensure that the sense of community in the London Area is maintained and enhanced. By encouraging low- and medium-density residential and commercial development, incorporating unique design elements into the streetscape, and integrating public trails, open spaces, and gathering areas throughout the London Area, existing neighborhoods will blend seamlessly with future development. CITY OF CORPUS CHRISTI 20 MARCH 17 , 2020 r t A t • Low- and medium-density residential The following community input supports the development vision theme: • Preserved open space along Oso Creek "Connectivity to parks, schools, etc." • Low-density commercial development "Developed or improved roads" • Storm water drainage infrastructure "Rural community" "Large lots and homes" "Master planned community" 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 4 M • : .rte —,—._,. a 3 w .n 1 • r ,o 2f Yr PROMOTE SUSTAINABLE GROWTH Growth and development can be signs of a healthy community. The speed of growth must not exceed the capacity of the City to provide necessary services and overwhelm the natural environment. Development in the London Area should occur intentionally and sustainably while following planned infrastructure and maintaining the desired low- to medium-density of the area. Utilize planned infrastructure to create public spaces and amenities for the community. Ensure that new development is built in concert with the environment to preserve the natural landscape and protect adequate drainage areas and create a sustainable community. CITY OF CORPUS CHRISTI 22 MARCH 17 , 2020 o , VISION � � MES ! V 41 1,4 Alm r L � 11�,'l r � •.max "C�, � ���,tr. F • 1 i o a ' Y �•:rt .t • i' I PROMOTE THE OSO CREEK ANO BAY AS A COMMUNITY AMENITY Oso Creek and Bay are a unique amenity for the City and especially for the London area. With easy accessibility and opportunities to facilitate outdoor recreation, the Oso Creek and Bay could be a unique destination for the entire community. Improvements to Oso Creek and Bay, including improved water quality, the construction of a continuous trail, educational features, and water access, will make this feature inviting to all ages. As London continues to grow, special care will be taken to preserve and protect the Oso Creek and Bay from the negative impacts of development. In the future, Oso Bay and Creek will serve as a resource for education, recreation, and overall enhancement of the quality of life for residents. CITY OF CORPUS CHRISTI 24 MARCH 17 , 2020 a 4 - O t E �y� a N • Kayak launch The following community input supports the • Hike and bike trail vision theme: • Pier "Access for nature recreation" • Restored riparian (native vegetation) areas "Oso Creek preservation and enhanced riparian areas" • Educational signage "Better walking trails along Oso Creek" • Trail head and access point "Oso Creek kayak access and bike trail" 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 25 POLICY INITIATIVES AND IMPLEMENTATION I 17 T 's r - ��: • ?y ., P � I� Ci'V V M ny i Pay 1r. Y INITif, V F R To achieve the vision for the London Area, five policy initiatives were established that are related to different aspects of development. Policy initiatives are not exclusive and may further the goal of one or more vision themes. For each policy initiative, strategies are identified to support the implementation of the efforts. These strategies are the actions taken by the City that lead to the successful implementation of the plan. VISION THEMES : PROMOTETHE CELEBRATE OUR : PROMOTE OSO CREEK POLICY INITIATIVES COMMUNITY SUSTAINABLE AND ;. : GROWTH • AMENITY --------------------------------------------------------------------------------------------------------------------------------------------------------- 1 Expand and improve infrastructure and city facilities. :.....:..................................................:..............................:..............................:.............................. : Promote land development that 2 enhances the character and ; opportunities in London. :.....:..................................................:..............................:..............................:..............................: Provide outdoor recreation 3 amenities. :.....:..................................................:..............................:..............................:..............................: Utilize the Oso Creek and Bay / / / 4 for sustainable recreation and �V/ �V/ ecotourism. :.....:..................................................:..............................:..............................:..............................: Reduce and improve stormwater / 5 : runoff. V :.....:..................................................:..............................:..............................:..............................: LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 27 LLEXPAND AND IMPROVE INFRASTRUCTURE AND ► uu n 1.1. Coordinate with Nueces County to encourage roadway standards and designs that promote the safe and efficient movement of vehicles, bicycles, and pedestrians. �i 1.2. Ensure adequate utility infrastructure to serve growing development �tx a. Monitor the Greenwood Wastewater Treatment Plant's existing capacity and initiate expansion designs if ;,, warranted. 1.3. Develop Master Wastewater, and Drainage Plans to encourage orderly growth and minimize the effects of Example of Protected Bike Lane future flooding. 1.4 Plan for expanding police and fire protection services with growing city limits and population. a. Identify appropriate sites for future Fire Stations and Police Substations and obtain property either through purchase or donation. m ,: b. Ensure adequate tax-base is in place to support police and fire operations. 1.5 Investigate the possibility of constructing a FEMA dome in the London Area in partnership with London ISD. A., f+. Wastewater Treatment Plant CITY OF CORPUS CHRISTI 28 MARCH 17 , 2020 A T I V E S i PROMOTE LAND DEVELOPMENT 1 ENHANCES CHARACTER 1 OPPORTUNITIES IN LONDON 2.1. Establish community nodes that reflect London's character to serve as r. community gathering places. d 2.2. Promote new commercial, retail, -I and residential development while maintaining a tight-knit community character. ; 2.3. Encourage the development of small commercial nodes throughout the London Area to help reduce vehicular trips and to provide convenience to its residents. ti 2.4. Encourage residential street layouts that - promote walkability and create ease of Example of Public Space with Character Enhancements access to collector roads. More Connectivity: Less Connectivity: 2.5. Encourage compatible and appropriate Traditional Grid Pattern Conventional Cul-De-Sac land uses for long-term and sustainable W growth patterns. 2.6. Encourage low-impact land uses along , g p g Oso Creek and flood zones. M'E E'' • 2.7. Incorporate green spaces and trails P EEE into master-planned residential developments that provide connectivity - throughout the London Area. Example Neighborhood Layouts LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 29 r P LICY INITIATIVES AND IMP ' MFNTAT ' N PROVIDE OUTDOOR RECREATION AMENITIES 3.1. Develop park and trail facilities. 3.2. Encourage pedestrian and bicycle facilities that are naturally aligned with drainage channels, floodways, and future stormwater drainage infrastructure. 3.3. Incorporate recreation features to support activities for multiple generations. 3.4. Strategically incorporate park elements . 4 that encourage arts and entertainment for residents. - = Schanen Hike/Bike Trail .iy F +AIL '.axtiw'yr� D Jam`• 1 iv. Ta1�iFf �. r= -- Example of Pocket Park with Art and Recreational Amenities CITY OF CORPUS CHRISTI 30 MARCH 17 , 2020 A T I V E S i UTILIZE THE OSO CREEK AND BAY FOR SUSTAINABLE ECOTOURISM jr,. 4.1. Create recreational opportunities d. Create an ordinance to prevent along Oso Creek and Bay through the mowing within a certain distance of development of a network of parks, open Oso Creek and Bay. space, trails, and access points. 4.3 Explore possible amendments to the a. Develop a preferred alignment for Unified Development Code (UDC) that the Oso hike/bike trail and design would preserve riparian corridors standards for the path. and vegetated buffer strips, while b. Incorporated marked pedestrian establishing setbacks along creeks and crosswalks and bicycle paths at drainage channels in the Oso Bay and gateways in trail design. Creek watershed. c. Develop a unique logo and design theme to promote and designate the Oso Creek and Bay as a scenic and recreational area. 4.2. Preserve and protect riparian habitat along the Oso Creek and Bay. a. Identify specific locations to strategically preserve open space and conservation zones along Oso Creek and Bay. b. Permit dedication of land and hike/bike trail construction along Oso Creek and Bay to fulfill parkas' dedication requirements. �_�__=�==t �� ,,., <«, 1,4 c. Partner with or create an entity to purchase property along the Oso Creek and Bay for conservation, protection, and trail development. Oso Creek LONDON AREA DEVELOPMENT PLAN MARCH 17 , 2020 31 REDUCE ► I IMPROVE STORMWATER RUNOFF 5.1. Incorporate green infrastructure 5.6 Promote proper management of pet elements in public projects where cost- waste. effective. (Low-Impact Development) a. Provide more pet waste disposal 5.2. Educate interested stakeholders and the stations at parks and trails. broader public about economic tools for b. Enhance the City's public information reducing and treating stormwater runoff. campaign on proper pet waste a. Continue to offer a rain barrel disposal. program. 5.7 Work with partner organizations, such 5.3. Encourage xeriscape gardens requiring as Texas A&M Agri Life Extension, to little to no irrigation. pursue grants that would offer free or a. Educate residents on how xeriscape low-cost On-Site Sewer Facilities (OSSF) gardens can reduce runoff of evaluations and assist property owners stormwater and irrigation water with addressing identified OSSF issues. that carries topsoils, fertilizers, and pesticides into lakes, rivers, and streams while also reducing costs and maintenance requirements for homeowners. h b. Explore incentives for developers to install xeriscape gardens in new d , developments. 5.4. Incorporate pocket prairies, where x appropriate, along hike and bike trails. 5.5. Develop retention ponds upstream along Oso Creek and drainage channels h '� to capture stormwater to help reduce downstream effects. axM� a. Investigate the use of parks as stormwater detention/retention facilities. Oso Wetlands Preserve Rainwater Cistern CITY OF CORPUS CHRISTI 32 MARCH 17 , 2020 � r , �uaas �4Sl�fu i 5 p •''. dSS ` k I �s r . .� ,.� r�,� ■i r�r� �" � �r. r^-�" r—�v A�RJ�s„tib� • •,�a FFes�,, i w fir. 0 w J � f v.w.. �� rl POLICY INITIATIVES AND IMPLEMENTATI 77 r fy� 4 Iyr J v` r ���: -44 PUBLIC INVESTMENT INITIATIVES I My.AbA 1 pp l y p U 0 II' INVF .RTMFNT INITIATIVES The built environment is the physical Short-term projects can begin soon after interpretation of the vision for the adoption. These projects are considered "low community. The following public investment hanging fruit." They are more attainable and projects represent improvements that do not require large amounts of funding. directly support the implementation of the These projects are generally planned CIP vision and goals. These projects should projects in the next five years. inform the capital improvement program (CIP) by prioritizing projects identified here Mid-term projects are not as attainable for future CIP planning. Some identified within the first five years. They require projects are currently planned capital planning or funding to prepare but should be improvements by the City. Others are implemented in six to ten years. proposed projects for implementation based Long-term projects may not currently have on feedback from the community. The public an anticipated time frame for implementation investment projects are divided into three or may require prerequisite planning before time frames: implementation. Long-term projects should • Short-Term (Next 5 Years) be revisited to assess the status of the project and determine if implementation can • Mid-Term (6-10 Years) be accomplished sooner. • Long-Term (More Than 10 Years) 1 0 N D 0 N AREA DEVELOPMENT PLAN MARCH 17 , 2020 35 B L I C I N A/ F 1Z T M F N T I N I Air SHORT-TERM (1-5 YEARS) L. ....................... ...................................... : Greenbelt/Storm Water Master Plan* ... ................................................. .............................................********.......... FM 2444 - Construct 5 Lane Curb and S1 Gutter Roadway (TxDOT) .............................................********.......... S2 South Oso Parkway Street : Improvements .............. S3 County Road 33 Street Improvements .......................................................................... L Ul SH 286 Water Line Replacement ............................................................... U2 Greenwood Wastewater Treatment Plant Improvements .......................................................................... Projects Not Mapped .......... Short-Term Projects Health and Safety Improvements Park Improvements •Trail Improvements Street Improvements Utility/Infrastructure Improvements London Boundary 1;X1 Corpus Christi City Limits Miles CITY OF CORPUS CHRISTI 3G MARCH 17 , 2020 o 286 o h . " 37 o ^ 6 L I C VESTMENT INI ' MID-TERM (5-1D YEARS) . .................................................. .......... Lis Fire Station #19 - Building and H1 : Ambulance* �,- � t (Vicinity,of SH286and FM 43)• ............ Drainage Channel Trail Development P2 ; Phase 1** P3 Oso Creek Trail Phase 1** P4 Oso Creek Trail Phase II** . .................................... ........• , Crosstown Extension to FM 2444 S4 (TxDOT) :.......... .................................................................... * Projects Not Mapped ** Oso Creek Trail and Drainage Channel Trail projects are intended to show general location and do not represent final alignment. Mid-Term Projects Health and Safety Improvements Parks Improvements •Trail Improvements Street Improvements -� Utility/Infrastructure Improvements London Boundary Corpus Christi City Limits 1 Miles CITY OF CORPUS CHRISTI 38 MARCH 17 , 2020 r 141% � o 286 o° V o o I[ o Ii. D o e 4 o o 39 o w 6LIC � tiVESTMENT INI ' Illlliiilll. � c�e�ffi LONG-TERM (10+ YEARS) Fire Station #19 - New Fire Truck and H2 : Ladder Truck* (Vicinity of SH 286 and FM 43) ............................................................................. H3 Fire Station #20 - New Fire Station* (Vicinity of SH 286 and FM 2444) HE .. .. . .. .. . . ............................. .............. P....._................................................. : 5 Oso Creek Trail Phase III** P6 Drainage Channel Trail Development Phase II** 1: S5 : FM 43 Street Improvements (TxDOT) . . . . ....................................................... * Projects Not Mapped ** Oso Creek Trail and Drainage Channel Trail projects are intended to show general location and do not represent final alignment. Long-Term Projects Health and Safety Improvements Parks Improvements •Trail Improvements Street Improvements -� Utility/Infrastructure Improvements -51J London Boundary r -1 Corpus Christi City Limits 1 Miles N CITY OF CORPUS CHRISTI 40 MARCH 17 , 2020 r o � 286 ° ° r 41 AWL Petition Requesting Annexation by Area Landowners (2 Tracts, 385.802 acres) Proposed Ordinance approving the requested annexation City Council Presentation August 25, 2020 Background • The Texas Local Government Code section 43.028 provides for a process that allows a property owner to petition for annexation. • On May 26th, 2020 a petition requesting annexation was received from the landowners (Bill J. Brown, Bobak Mostaghasi, Reagan Travis Brown, Joseph D. Cox, & Alyssa A. Brown McCoy) • Staff developed the required service plan and conducted the required public notice initiatives. Aerial Overview of Annexation Tract "i MOMr 385 Acre Tract: 385.802 acres 55 acres (1,550 �7 MF units) ❖ 330 acres commercial 105 14120191 Y _.._..� '_.... .! -N.. 385.802 Acre Tract ft 1 ���AnneKation Area�_•�Ciry Limits-C-ent Parcel Bound, :'A Aerial Overview of Area Infrastructure Legend LS ❑rc s�anoa Water Lines o'isnibulian y�, �• LS Y LS fig i 1 i 1 f 1 I � 1 >G._._.s..e.eu Acre Tract vi 1 1 1 ' Legend �AnnearonAreamc�rrem ,?.. i, . _______________x , a, Amk Staff Recommendation �q 4�w� I Approve the petition for annexation so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/25/20 1852 Second Reading Ordinance for the City Council Meeting 09/08/20 DATE: July 16, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near Farm to Market Road 43 CAPTION: Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the"FR" Farm Rural District to the"CN-1" Neighborhood Commercial District and "CG-2" General Commercial District SUMMARY: The purpose of the zoning request is to allow for the construction of a large-scale commercial development. BACKGROUND AND FINDINGS: The subject property is 385 acres in size. The applicant has not submitted any specific plans concerning the large-scale commercial development. Conformity to City Policy The subject property is located within the boundaries of the London Area Development Plan and is planned for commercial, mixed, and a medium density residential use. The proposed rezoning to the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is mostly consistent with the adopted Comprehensive Plan (Plan CC). However, a portion of the subject property has the future land use designation of medium density residential which is inconsistent with a portion of the future land use map. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. However, adequate buffering should be considered along the shared property line between the residential and commercial developments. The proposed large-scale commercial development will serve the expanding London area. In 2019, two major annexations occurred. The projected residential development due to the annexation totals approximately 1,800 single-family homes. The appropriate buffering consists of using the "ON" Neighborhood Office District in lieu of the "CN-1" Neighborhood Commercial District. While the "ON" District offers the same amount of density of multifamily units, the "ON" District prohibits retail and restaurant uses not accessory to an office development. Additionally, the "ON" District allows medical uses by-right. Considering the significant number of adjacent single-family home, medical facilities and other professional office uses will be needed Public Input Process Number of Notices Mailed 1 within 200-foot notification area 4 outside notification area As of July 3, 2020: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside 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 "FR" Farm Rural District to the "CG-2" General Commercial District and the "CN-1" Neighborhood Commercial District on July 22, 2020: ALTERNATIVES: 1. Denial of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District and the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends: 1. Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. 2. Denial of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District. Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District and the "CN-1" Neighborhood Commercial District with following vote count. Vote Count: For: 8 Opposed: 1 Absent: 0 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial 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 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 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 62.303 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, 36.699 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts as shown in Exhibit "A": from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. and 286.80 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts as shown in Exhibit "A". from the "FR" Farm Rural District to the "CG-2" General Commercial District. The subject property is located at or near the intersection of FM 43 and CR 33. 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. 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 2 of 8 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 3 of 8 Exhibit A M M R K A�' BASH.JH,,1`1—R.P.L& H54 S. AIAMLO,�. 7-1%7:9`104 �' N I X Q N M.WE LN H,P,F-.R.P.L5- A 1Rs- 1163-1 h-Con C MI.1; I,fl—ray�'""'��;"LC 1%W C-tivhil. nixr3iwK*grnmi1,Wffi BASS & WELSH ENGIN6ERING Enginvr.rimiA Ftrffn Reg. N'o- F-92 Surwrririg Firm KC9, NO. 100027-04 p 0 Kux 1i3s7 (-'Omu5 Chr%sti. TK 78466-6397 May 14,211 16&14-M&ll3-C'Nl TR 1ACC C-N-I Trau I Zoning STATE OF TEXAS COU NTY Of-NUECF-S DL-scriptiLm if a 62.90 acre tray of land, Mum or le,� a puidon of Lot or Section 'D", Laurid�s Farm TrjAL:-1',,.L Alap of wbk--%i4 rccorded in VOILMIC 1,Page,15,MIP kconyds.Nueckts(.'c)ur3jy,'j'.eAas glad al.,4jn bcLng a pLwtioL)of;in 99-iM.acn,,lum of Laney described by devil ill DoCkIrTicrit No,20150l 1169.CffdAl JROCCwds of - ,-wribcd by metes and bounds 45 folkms! said county.said 62-303 acry mwl of In no as furtht- Tde BF)GI.NNINC,at the nVY03001'IT C&StCrnniosi onfrber of Mokiry&WD&a inp 6f which is reootded in Milume 60,Page 824,6:Did map mwrds,fs it lTkgk-pninL irg the somh boundary Limnf tbu trail 11--Irvin dcsclib-t4 Ti I ENCF; SRq1111X155"w 645o.82 along Lht. W1111 h17R1nd3FY I ine Of Vid Mukry 1=TW5 and. al.W19 1114 north ' 'VIVY lint of a 1-06 aCTC tT-Iik:L of hint! dc-xdbrd by decd recordvd, at DorAmunt NL). 20=7699 said POL11 cifficial rcwrde,to a rAnt at:LIL4: (.-oq right-of-wiy Linc of Cuumy Road 33 for die soulhwcst OF WC5KC1AM0&t u1nic f Of tbr tFUIA Ittmi n dcwribW; T1 IFNCE N211'1 2`iWF- 117165' along said cast right-of-way line of County Road 33 11-0 a paini. for the norri li�k ost mrnUT tif'lie tract heritin degegibwed4 TFENCE M9'13'y,)T 2457.23'along the south bOULOUV HYK Gt;: 1,77 am trWA of 14-13d dLsCribCd try&Qd reuir&0 :Lt VOWITLe 15AI.R8g 394,Dwd Reenrds of sAid or.-111115-Lo a RLdfit Mr the svu1h4M'1t earner of said -77 auv, (fact and nor[twaiNi corner of the cfact herein dcsoAlcd and tff&-jicl F�9.168 Um Lra4A in the west hournda-ry line of a 298.57 aAxv:tract of Land dc.-%-ribcd by decd reomck-d at Dwumenf No,20200191&1,said official rtrords, 7HIENCE 51 8'1)gY59"W 1155-w gwg [he wast kKKimdary lino of Said 21N.5 7 arae lr= to a point for (he Rm[hq-Kj corner of[he Tr=herein dvscYi[icd,. 'MF-NCF- 98912'315'W 1838-19' to [le 101NT OF BEGINNING, a Sketch shcrwing said 62-303 a-ae III," btinQ:LLt,1d1L:(1 betTem as EKhibic"E--. J ieIrF tqmn 34.W&sh-R,P.L.S. ........ .. '22H E. IT"A" Fagr I of I Page 4 of 8 ljS:1). 1.LP-b I q= :3 7-1 Zfi, M�:RRAV B AS$.JR.- 1'.E.,R P,L,& MI: �5"] 3t,I N Exci N M.Wi-,IS H- F.E.,K,KLA, c"n, nixmp L'-rVniuil —fli BASS [:iiiKin CCL-iTLg \n- F-52 huFvt?hkg Firm KQR, NO. 10111127-00 P.O- dux 61397 Corpus Chri5i', TX 78466-c-','!' May 14,20M 16014-M&D CN I Tt2-dor ('N1 Traa 2 Z"Lng STATE OF TEXAS COUNTYOFNUECES Des,cription at a M.699 acm traLl L-of lanick muire 41a le,-,. -I I`10'-Litm 1�f I.q,E j)y S.ajon "M, Laareles Farm Tracts,a map of which is rmirded in Vulu3ne 3,pjgt: 15, Nfip Records-NLK:.;LrN County,Team and behig a portkm af 3 298-17 axac tract of],Itd &-n-Tibud by decd in DLIh;!.Micill No. ".ji?nnig5.L�5, Official RecorLis Df said wwlkysaid 36.699 am tract at tared jv*rl3fthrr dt-MTilw%i')�mv!cN"0,1 NWFLdki:rr 141114)-A'41 BEGINNING at tht.aw I 1--t -1-11-nt sahl 711K 57 ao,L i rad in ;III tiplicr�,Mffll Wkknibry line of a 3%.99 acre tr=of land described by kkxd rccmdL:d Mr [)jjcunjuji% Nn.04134'. 1.w�61.1 OffiCiaL TVCUT%Js,i said beginning point far the Tirorc4%WFA owner of the tract Lwxein dcscribcd M11.1 )or--hL!Lj:j;ckncj-cif a 21.7m acm,tract of[and described by deed,Doc.NrL 201 W02124.said official rVI`L)1'dK TRENCE aj4ung said upper sovi(h Nmn&ry I j III'Of MMM W-C I Mct N&Y'UO'41"I--W7-Kh'to 1 pOint for the notilica,4 corner of the tTSCt 1111UM d4 rihrcl: THENCE S175210-W 1896.98't43 a p.,mril f4v the SLAOMASC 4XMICTUt 111C tract hcw-in desaitw]; I,HF-NcE SWjY29'W 812,40' k, q point for the Sokfthwusr :)LA]ICT of tilt ti-act herein dcscLibrd and novhoaci m7rwr of aii 89,1f;8 acre tract of land demrjl%k:LL he deed 1.oxrdcd in DoNxi.1'Rent No. 2015011169, offlicW rvwi&.in the wt*1 k)mindary U-no of said 298-57 ac'30 traCtz THENCE along said weal tmundary line rxf 21N.57 a4ye trice N18'00',S9"E 3996,77 in the POINT OF RF,G INNING,a slCctcb OF a T14 MI 44r- 9 A EXHIBIT "B" FAEU 1 of I Page 5 of 8 hi LI R VVY &jA�.JR.. P.E.,R.P.LS, V;4 S. ALAMLVA.ZIP 384{14 N vc u N M. W M.S H-F.E.,RJP.L-S. .161 PAN 161 882-M5 . 11— 1: ryiufroyjrhwzal-cum ,-rili,il nixmvI,1@grnniL.curn BASS & WELSIT ENGINE.ERING Enginvi,!i-ififF Firm Rtt41, Nil- F-52 ,Sur-veying Firin Reg. Nor. 10U027-00 P.O. Box 6397 C, rpkis 1711.TiSli, TX 78466.6,;07 Ntay 14,2A20 16014-M&bC(7r2.d0C CCJ2 Zoning STATEOFTEXAS COUNTYOFNUECES Dvi,crvl i 1!r, --f:L 2.M.8W MJe Miul u I I:inkl, nitm- I)f ICcL9, :3 P01601 01'1-t Or Secti Lill "17Y. Laurel L" Fil rill TIMLL-,a MLLE' A which is rcc41Ttki.1 i11 Vol 1,11lu 3. Pngu 15.Mair RC4AITd,, Nlicecc;47nun 1y,'Pet A Ild 11C iRlg 3 pLb]I jklil L)f L-"JS.57 jjUj u Lf;:ILL Of LLU16 dVS0 IWO 1) drOkl in TMr-i-Illent No. '-)11 2i)(A VH5-(Htluml.KOCOT&Of -Lribe-d b� dmd recordvid IL} Do�ument No. -Ad wunly ;1114 ;A POFtiDn Of an 89-M38 aLTe trait of Ian nd dos 207qll 1 W),saLd offi6q,j rccordki.Said 286,8Clf)acre trakj LFf]and as further&cribcd by Tnurus Z110[W1.111—S 125, rol lkyo-w': BEGINS]NG at the rKviihean ar cantcruvrnm; ;kI Mul'Of MOkTy LMUJ�a map L)f whitt is rccardrd in Wolujile 68,Px.gc 824.Sidd map rmwih-�-d I I,: .17i I I i',jXlLnt fUr a SOUti'MCStrfly wrile.r of the tract hefeiD dc.-g-ribed;- THENCL My'l 21"'T 18383K',, 1 �:,In Mr i1-.WFk11"thweswrly Toner of the triLcl heloin described in LkW WCSt boundary firv-L)ft;ti(j 295.5'ai-To Li 40: THEN(T-N J8W'59'E 1 155.L14'ol nki1; oM wlt�L 11,1k,I ILJA fu IL11c Of 299.57 acre tract Lt)a PojTIL for WCEL Wlwat owau of the tract herein dmcribcd<mj II41I-LhLMSL corner:Ii c'Lid 99-168 zlc-r"trwt' THENCE-N89°'13'29'-E 392,40'W a.PULEIt(OF iwtaiii)r Lentrai comer elf rhe tract herein describrd'- TEEt-FC.F N I 7'52'10"E 1896-98-to A Nbl,Rw nnrLh Lxnual corner*f the 1,"cl herein derCtibCd in the UPPEF south buu*da q Linc of a 308,99 acre LF3CL Of land dCSOihCd M d43M TCMFdCd at Doq�uwtit No.9411343,saM (Yffidal records: THENCF ahmg sadid uiper souffi tKjuj3darV IjIlCr jj 30E.94 aGN'traCL NWIU6-41"E'1,777-LKil tis LL poi mr for irtc CaU,LtMMOSI Liorth canner Of LhA1 vact liciron Jc rihwrl and Lentrai ifitEfior cx)mer of said 30&09 aurt!lfw: 'n 9.7'52'10'-w 1568-tV along a Nmilh central t)UUndary 1irW Of said 108-99 acre[r'dCL 10 a V'rll fox 6%4nirLi:interior i;orLji;r of'thc LraCt herein dL!s.,:z' [hcL1 and soloth central CoffiCT of said 3U9,99 affc trait; Ti I ENCE. NAY24-E 190.69'akirig a vaulhe:a5l or kiwer svurh houndary line u4 Said-IM-99 Hav MCI M a poi int in the west right-of way line of State Highway 296(Cbapman Ramb Road)fur the northernmost east corner of;he tract herein described and wutlicast curner Of sllid,-108-0 3cn?tract; T'HF-NCE 911"60'1 1, W 1325-47'along said west nght.of-way line.of Slaw Highway 2M W a CaMMCM"C "m in p1dwrsi dgbi-t4-wd)Iiiii:LPI&aW Hie'Lway M6 uvid Qou' ti�l.i duty liftv of Lhu tract H,e ;n&ry rihi-f[: EXHIBIT "C" Page 1oaf 2 Page 6 of 8 MEAM Md 134 rands Dvw6Txj=286.8W A=TT-Ict,kfiiv I�,,-7C2.0,Ckjl51itiucd, TFIFNCE S17°5 i'1)2"W 25.W along said wLrst r1ph I D1-W;JV liar. OL 51211 j I ighia-v.y ?..Vi m a cornmun aripjc PUMLL 3:1 Said West rijor f-'Way bine of SLaie Highway 27ib umcL c,,jq hk)Undu� bag Of L11C,ErdCt beten&=Ftbed; THENCE S23"35'11a"W 56-77' alum said VNA Aghi-LalAIAY 161L. 11 titan HIgIMAV 2M EO the point i3f uun,ol i i rL(11 iL U17ULAill'CUrvC M the lefi heaving a mnual aoglc L)f 11 a radius ur 4t79,72'and a ebard lx-ann,6 S1'7Z1'3rW lit .37 THENCE Aoiig raid west right-of-way 11rie of Swe Hip ay 2M,ming along%aid d r-culaT can e.10(he 1CFt,a distance cif 00.74ia a print far upper"AlUlbMt Onravy of the tma hvmifl dumlied'. THYNCE adoilg a -mback" rIgr-M-way litre b-twcn said State FlighWRY 2&b arkd Wet---.r kuad (FM t1jghv-,i.v ]3) S49"50-141-% 7 7.M." to a point fn4 Lowei sLFutbe&st mmc:r Uf thQ tract hereiij described in the nar.h ng.111(11—tv lice 0-said WLbOT ROAT, Tl-TFNCE88L)1j2'351W 6395.42'ajoag said n*nb ri&-of-wayline ref WCb1'F Road Jk)@ point taw rigbt-of-way linr WFncr of-,.m"d Wcbet Road and sciuffi%esl Muner of the Kf;pr-t bcFe[n doscribed. 'MENC—F N2CI'11'-14'E 629.73' aLung a north -rig111-,D(-W3Y h0c Of SAW Welbor Road and akmg the iwst boundary Lii)c ref said.N!4iry Fstatc.stathe POINT OF EEQNN[NC-,3&kt[Ch tract beijigattzebed hereco as Fxhihit OF .okovAre, M.Wclh.RT.L.S. w WELSH, 2211 EXHIBIT "C"' 114,e 2 '.- -- Page 7 of 8 PORTION SECT, V. LACI IRFI F.5 FARM TWTS, V. 3. F. 15, M. R., DOC- NC. 2012027694, CL CR D.R., GALE ROFF, 1.05 RC FCIKRY ESTATES ff,� �� 1�•�+ V.69, P. 82�, N. R. Q 1 Do, 800, Lu SCALE! 1'= SOD' fr, a 1. 77 At TRACT. MAGGIE I ^l ru CARLISLE, ET AL, V. 3523, P. 394, 11.R. Ln l 7 REMAINDER OF 17�. P1 Ar.. TRAf.T MIC14AEL 6 r" O 0 HEANEY. ET AL, TOC. NC. P0090APQ3Q, U.R,, RHO JUSLFH NEANET AS TRUSTEE'S. G-1 r- — OQC. NO, W 1902M74, I k rn ~ } `' 1ASELTON DEVELOPMENT pp N er Co. . DOC. No, c C3 20190291 E.O.O.R. , &5B AE, OD �-4 PRASELTUN 111EVELOPMENT CU.. LIM, dGlc. NO O L-1 � * 2019002524. CL R.,21,78 AC_ I � --j r xn_ IP� ,b SBF ;, -1.g Zi C_ F4 4J I ? +V 1x� '�� n (IdEBER' �DAM—,,,] rP4 I 9 � tr � w" g _ 1 L2 G 7FNI`JC T7ACT, ro NDTE! THE lJVCRALL TRACT SHDWN I � HEREON CSUN OF THREE ZONIHEa ;; _ 1 TRACTS SHQWN5 = r N IEXAT 1C1N TRACT = 385. S0P AC o � R � i I1➢ . o Olrr2sr s Fa ro T I L2 2 EXHIBIT 'E�. �- ®C SKETCH TO ACCOMPANY METES k r3 AND BOUNN—DESCEIETInNS V=BCCI' SAB*50`l0'U 77.69' L BASS AND WEUP( 0M16Ik1CCli)NG D=1 L-P3' 16"' y cuRNM CmMSM, Tx ti SUr�r W& hb. 1W027-00. W T=4Y6474' n� FWAMIING RES. v3, F-82. FF-E: 74' L SH 2e 4 FX9- f1NING, ,Po( NO. 1 f11 i. fiF=E29. 37' (CHAPMr C24NC H SEALE: I' _ &W CB=S 15'21'3FT'IA PLD- sCALE: SAmF- PL47 NTE: ROAD), ROY 41LLTH VARIES t/ i,`1u, �iELT , OF 1 Page 8 of 8 Zoning Case No. 0720-01, Bobak Mostaghasi (District 3). Ordinance rezoning property at or near the intersection of FM 43 and CR 33 from the "FR" Farm Rural District to the "ON-1" Neighborhood Office 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 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 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 62.303 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, 36.699 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts as shown in Exhibit "A": from the "FR" Farm Rural District to the "ON" Neighborhood Office District. and 286.80 acre tract of land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts as shown in Exhibit "A". from the "FR" Farm Rural District to the "CG-2" General Commercial District. The subject property is located at or near the intersection of FM 43 and CR 33. 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. 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 2 of 8 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 3 of 8 Exhibit A M M R K A�' BASH.JH,,1`1—R.P.L& H54 S. AIAMLO,�. 7-1%7:9`104 �' N I X Q N M.WE LN H,P,F-.R.P.L5- A 1Rs- 1163-1 h-Con C MI.1; I,fl—ray�'""'��;"LC 1%W C-tivhil. nixr3iwK*grnmi1,Wffi BASS & WELSH ENGIN6ERING Enginvr.rimiA Ftrffn Reg. N'o- F-92 Surwrririg Firm KC9, NO. 100027-04 p 0 Kux 1i3s7 (-'Omu5 Chr%sti. TK 78466-6397 May 14,211 16&14-M&ll3-C'Nl TR 1ACC C-N-I Trau I Zoning STATE OF TEXAS COU NTY Of-NUECF-S DL-scriptiLm if a 62.90 acre tray of land, Mum or le,� a puidon of Lot or Section 'D", Laurid�s Farm TrjAL:-1',,.L Alap of wbk--%i4 rccorded in VOILMIC 1,Page,15,MIP kconyds.Nueckts(.'c)ur3jy,'j'.eAas glad al.,4jn bcLng a pLwtioL)of;in 99-iM.acn,,lum of Laney described by devil ill DoCkIrTicrit No,20150l 1169.CffdAl JROCCwds of - ,-wribcd by metes and bounds 45 folkms! said county.said 62-303 acry mwl of In no as furtht- Tde BF)GI.NNINC,at the nVY03001'IT C&StCrnniosi onfrber of Mokiry&WD&a inp 6f which is reootded in Milume 60,Page 824,6:Did map mwrds,fs it lTkgk-pninL irg the somh boundary Limnf tbu trail 11--Irvin dcsclib-t4 Ti I ENCF; SRq1111X155"w 645o.82 along Lht. W1111 h17R1nd3FY I ine Of Vid Mukry 1=TW5 and. al.W19 1114 north ' 'VIVY lint of a 1-06 aCTC tT-Iik:L of hint! dc-xdbrd by decd recordvd, at DorAmunt NL). 20=7699 said POL11 cifficial rcwrde,to a rAnt at:LIL4: (.-oq right-of-wiy Linc of Cuumy Road 33 for die soulhwcst OF WC5KC1AM0&t u1nic f Of tbr tFUIA Ittmi n dcwribW; T1 IFNCE N211'1 2`iWF- 117165' along said cast right-of-way line of County Road 33 11-0 a paini. for the norri li�k ost mrnUT tif'lie tract heritin degegibwed4 TFENCE M9'13'y,)T 2457.23'along the south bOULOUV HYK Gt;: 1,77 am trWA of 14-13d dLsCribCd try&Qd reuir&0 :Lt VOWITLe 15AI.R8g 394,Dwd Reenrds of sAid or.-111115-Lo a RLdfit Mr the svu1h4M'1t earner of said -77 auv, (fact and nor[twaiNi corner of the cfact herein dcsoAlcd and tff&-jicl F�9.168 Um Lra4A in the west hournda-ry line of a 298.57 aAxv:tract of Land dc.-%-ribcd by decd reomck-d at Dwumenf No,20200191&1,said official rtrords, 7HIENCE 51 8'1)gY59"W 1155-w gwg [he wast kKKimdary lino of Said 21N.5 7 arae lr= to a point for (he Rm[hq-Kj corner of[he Tr=herein dvscYi[icd,. 'MF-NCF- 98912'315'W 1838-19' to [le 101NT OF BEGINNING, a Sketch shcrwing said 62-303 a-ae III," btinQ:LLt,1d1L:(1 betTem as EKhibic"E--. J ieIrF tqmn 34.W&sh-R,P.L.S. ........ .. '22H E. IT"A" Fagr I of I Page 4 of 8 ljS:1). 1.LP-b I q= :3 7-1 Zfi, M�:RRAV B AS$.JR.- 1'.E.,R P,L,& MI: �5"] 3t,I N Exci N M.Wi-,IS H- F.E.,K,KLA, c"n, nixmp L'-rVniuil —fli BASS [:iiiKin CCL-iTLg \n- F-52 huFvt?hkg Firm KQR, NO. 10111127-00 P.O- dux 61397 Corpus Chri5i', TX 78466-c-','!' May 14,20M 16014-M&D CN I Tt2-dor ('N1 Traa 2 Z"Lng STATE OF TEXAS COUNTYOFNUECES Des,cription at a M.699 acm traLl L-of lanick muire 41a le,-,. -I I`10'-Litm 1�f I.q,E j)y S.ajon "M, Laareles Farm Tracts,a map of which is rmirded in Vulu3ne 3,pjgt: 15, Nfip Records-NLK:.;LrN County,Team and behig a portkm af 3 298-17 axac tract of],Itd &-n-Tibud by decd in DLIh;!.Micill No. ".ji?nnig5.L�5, Official RecorLis Df said wwlkysaid 36.699 am tract at tared jv*rl3fthrr dt-MTilw%i')�mv!cN"0,1 NWFLdki:rr 141114)-A'41 BEGINNING at tht.aw I 1--t -1-11-nt sahl 711K 57 ao,L i rad in ;III tiplicr�,Mffll Wkknibry line of a 3%.99 acre tr=of land described by kkxd rccmdL:d Mr [)jjcunjuji% Nn.04134'. 1.w�61.1 OffiCiaL TVCUT%Js,i said beginning point far the Tirorc4%WFA owner of the tract Lwxein dcscribcd M11.1 )or--hL!Lj:j;ckncj-cif a 21.7m acm,tract of[and described by deed,Doc.NrL 201 W02124.said official rVI`L)1'dK TRENCE aj4ung said upper sovi(h Nmn&ry I j III'Of MMM W-C I Mct N&Y'UO'41"I--W7-Kh'to 1 pOint for the notilica,4 corner of the tTSCt 1111UM d4 rihrcl: THENCE S175210-W 1896.98't43 a p.,mril f4v the SLAOMASC 4XMICTUt 111C tract hcw-in desaitw]; I,HF-NcE SWjY29'W 812,40' k, q point for the Sokfthwusr :)LA]ICT of tilt ti-act herein dcscLibrd and novhoaci m7rwr of aii 89,1f;8 acre tract of land demrjl%k:LL he deed 1.oxrdcd in DoNxi.1'Rent No. 2015011169, offlicW rvwi&.in the wt*1 k)mindary U-no of said 298-57 ac'30 traCtz THENCE along said weal tmundary line rxf 21N.57 a4ye trice N18'00',S9"E 3996,77 in the POINT OF RF,G INNING,a slCctcb OF a T14 MI 44r- 9 A EXHIBIT "B" FAEU 1 of I Page 5 of 8 hi LI R VVY &jA�.JR.. P.E.,R.P.LS, V;4 S. ALAMLVA.ZIP 384{14 N vc u N M. W M.S H-F.E.,RJP.L-S. .161 PAN 161 882-M5 . 11— 1: ryiufroyjrhwzal-cum ,-rili,il nixmvI,1@grnniL.curn BASS & WELSIT ENGINE.ERING Enginvi,!i-ififF Firm Rtt41, Nil- F-52 ,Sur-veying Firin Reg. Nor. 10U027-00 P.O. Box 6397 C, rpkis 1711.TiSli, TX 78466.6,;07 Ntay 14,2A20 16014-M&bC(7r2.d0C CCJ2 Zoning STATEOFTEXAS COUNTYOFNUECES Dvi,crvl i 1!r, --f:L 2.M.8W MJe Miul u I I:inkl, nitm- I)f ICcL9, :3 P01601 01'1-t Or Secti Lill "17Y. Laurel L" Fil rill TIMLL-,a MLLE' A which is rcc41Ttki.1 i11 Vol 1,11lu 3. Pngu 15.Mair RC4AITd,, Nlicecc;47nun 1y,'Pet A Ild 11C iRlg 3 pLb]I jklil L)f L-"JS.57 jjUj u Lf;:ILL Of LLU16 dVS0 IWO 1) drOkl in TMr-i-Illent No. '-)11 2i)(A VH5-(Htluml.KOCOT&Of -Lribe-d b� dmd recordvid IL} Do�ument No. -Ad wunly ;1114 ;A POFtiDn Of an 89-M38 aLTe trait of Ian nd dos 207qll 1 W),saLd offi6q,j rccordki.Said 286,8Clf)acre trakj LFf]and as further&cribcd by Tnurus Z110[W1.111—S 125, rol lkyo-w': BEGINS]NG at the rKviihean ar cantcruvrnm; ;kI Mul'Of MOkTy LMUJ�a map L)f whitt is rccardrd in Wolujile 68,Px.gc 824.Sidd map rmwih-�-d I I,: .17i I I i',jXlLnt fUr a SOUti'MCStrfly wrile.r of the tract hefeiD dc.-g-ribed;- THENCL My'l 21"'T 18383K',, 1 �:,In Mr i1-.WFk11"thweswrly Toner of the triLcl heloin described in LkW WCSt boundary firv-L)ft;ti(j 295.5'ai-To Li 40: THEN(T-N J8W'59'E 1 155.L14'ol nki1; oM wlt�L 11,1k,I ILJA fu IL11c Of 299.57 acre tract Lt)a PojTIL for WCEL Wlwat owau of the tract herein dmcribcd<mj II41I-LhLMSL corner:Ii c'Lid 99-168 zlc-r"trwt' THENCE-N89°'13'29'-E 392,40'W a.PULEIt(OF iwtaiii)r Lentrai comer elf rhe tract herein describrd'- TEEt-FC.F N I 7'52'10"E 1896-98-to A Nbl,Rw nnrLh Lxnual corner*f the 1,"cl herein derCtibCd in the UPPEF south buu*da q Linc of a 308,99 acre LF3CL Of land dCSOihCd M d43M TCMFdCd at Doq�uwtit No.9411343,saM (Yffidal records: THENCF ahmg sadid uiper souffi tKjuj3darV IjIlCr jj 30E.94 aGN'traCL NWIU6-41"E'1,777-LKil tis LL poi mr for irtc CaU,LtMMOSI Liorth canner Of LhA1 vact liciron Jc rihwrl and Lentrai ifitEfior cx)mer of said 30&09 aurt!lfw: 'n 9.7'52'10'-w 1568-tV along a Nmilh central t)UUndary 1irW Of said 108-99 acre[r'dCL 10 a V'rll fox 6%4nirLi:interior i;orLji;r of'thc LraCt herein dL!s.,:z' [hcL1 and soloth central CoffiCT of said 3U9,99 affc trait; Ti I ENCE. NAY24-E 190.69'akirig a vaulhe:a5l or kiwer svurh houndary line u4 Said-IM-99 Hav MCI M a poi int in the west right-of way line of State Highway 296(Cbapman Ramb Road)fur the northernmost east corner of;he tract herein described and wutlicast curner Of sllid,-108-0 3cn?tract; T'HF-NCE 911"60'1 1, W 1325-47'along said west nght.of-way line.of Slaw Highway 2M W a CaMMCM"C "m in p1dwrsi dgbi-t4-wd)Iiiii:LPI&aW Hie'Lway M6 uvid Qou' ti�l.i duty liftv of Lhu tract H,e ;n&ry rihi-f[: EXHIBIT "C" Page 1oaf 2 Page 6 of 8 MEAM Md 134 rands Dvw6Txj=286.8W A=TT-Ict,kfiiv I�,,-7C2.0,Ckjl51itiucd, TFIFNCE S17°5 i'1)2"W 25.W along said wLrst r1ph I D1-W;JV liar. OL 51211 j I ighia-v.y ?..Vi m a cornmun aripjc PUMLL 3:1 Said West rijor f-'Way bine of SLaie Highway 27ib umcL c,,jq hk)Undu� bag Of L11C,ErdCt beten&=Ftbed; THENCE S23"35'11a"W 56-77' alum said VNA Aghi-LalAIAY 161L. 11 titan HIgIMAV 2M EO the point i3f uun,ol i i rL(11 iL U17ULAill'CUrvC M the lefi heaving a mnual aoglc L)f 11 a radius ur 4t79,72'and a ebard lx-ann,6 S1'7Z1'3rW lit .37 THENCE Aoiig raid west right-of-way 11rie of Swe Hip ay 2M,ming along%aid d r-culaT can e.10(he 1CFt,a distance cif 00.74ia a print far upper"AlUlbMt Onravy of the tma hvmifl dumlied'. THYNCE adoilg a -mback" rIgr-M-way litre b-twcn said State FlighWRY 2&b arkd Wet---.r kuad (FM t1jghv-,i.v ]3) S49"50-141-% 7 7.M." to a point fn4 Lowei sLFutbe&st mmc:r Uf thQ tract hereiij described in the nar.h ng.111(11—tv lice 0-said WLbOT ROAT, Tl-TFNCE88L)1j2'351W 6395.42'ajoag said n*nb ri&-of-wayline ref WCb1'F Road Jk)@ point taw rigbt-of-way linr WFncr of-,.m"d Wcbet Road and sciuffi%esl Muner of the Kf;pr-t bcFe[n doscribed. 'MENC—F N2CI'11'-14'E 629.73' aLung a north -rig111-,D(-W3Y h0c Of SAW Welbor Road and akmg the iwst boundary Lii)c ref said.N!4iry Fstatc.stathe POINT OF EEQNN[NC-,3&kt[Ch tract beijigattzebed hereco as Fxhihit OF .okovAre, M.Wclh.RT.L.S. w WELSH, 2211 EXHIBIT "C"' 114,e 2 '.- -- Page 7 of 8 PORTION SECT, V. LACI IRFI F.5 FARM TWTS, V. 3. F. 15, M. R., DOC- NC. 2012027694, CL CR D.R., GALE ROFF, 1.05 RC FCIKRY ESTATES ff,� �� 1�•�+ V.69, P. 82�, N. R. Q 1 Do, 800, Lu SCALE! 1'= SOD' fr, a 1. 77 At TRACT. MAGGIE I ^l ru CARLISLE, ET AL, V. 3523, P. 394, 11.R. Ln l 7 REMAINDER OF 17�. P1 Ar.. TRAf.T MIC14AEL 6 r" O 0 HEANEY. ET AL, TOC. NC. P0090APQ3Q, U.R,, RHO JUSLFH NEANET AS TRUSTEE'S. G-1 r- — OQC. NO, W 1902M74, I k rn ~ } `' 1ASELTON DEVELOPMENT pp N er Co. . DOC. No, c C3 20190291 E.O.O.R. , &5B AE, OD �-4 PRASELTUN 111EVELOPMENT CU.. LIM, dGlc. NO O L-1 � * 2019002524. CL R.,21,78 AC_ I � --j r xn_ IP� ,b SBF ;, -1.g Zi C_ F4 4J I ? +V 1x� '�� n (IdEBER' �DAM—,,,] rP4 I 9 � tr � w" g _ 1 L2 G 7FNI`JC T7ACT, ro NDTE! THE lJVCRALL TRACT SHDWN I � HEREON CSUN OF THREE ZONIHEa ;; _ 1 TRACTS SHQWN5 = r N IEXAT 1C1N TRACT = 385. S0P AC o � R � i I1➢ . o Olrr2sr s Fa ro T I L2 2 EXHIBIT 'E�. �- ®C SKETCH TO ACCOMPANY METES k r3 AND BOUNN—DESCEIETInNS V=BCCI' SAB*50`l0'U 77.69' L BASS AND WEUP( 0M16Ik1CCli)NG D=1 L-P3' 16"' y cuRNM CmMSM, Tx ti SUr�r W& hb. 1W027-00. W T=4Y6474' n� FWAMIING RES. v3, F-82. FF-E: 74' L SH 2e 4 FX9- f1NING, ,Po( NO. 1 f11 i. fiF=E29. 37' (CHAPMr C24NC H SEALE: I' _ &W CB=S 15'21'3FT'IA PLD- sCALE: SAmF- PL47 NTE: ROAD), ROY 41LLTH VARIES t/ i,`1u, �iELT , OF 1 Page 8 of 8 PLANNING COMMISSION FINAL REPORT Case No. 0720-01 INFOR No. 20ZN1013 Planning Commission Hearin Date: July 8, 2020 C Owner: Bobak Mostaghasi ° Applicant: Bobak Mostaghasi •� Location Address: 0 Farm to Market Road 43 M N Legal Description: Being 62.303 acre tract of land, more or less, a portion of •— o Lot or Section "D", Laureles Farm Tracts, 36.699 acre tract of land, more or less, Qa portion of Lot or Section "D", Laureles Farm Tracts, and 286.80 acre tract of m land, more or less, a portion of Lot or Section "D", Laureles Farm Tracts, located at the northwest corner of the intersection of Farm to Market Road 43 (Weber Road) and State Highway 286 Crosstown Expressway). From: "FR" Farm Rural District To: "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District io Area: 385 acres Purpose of Request: To allow for the construction of a large-scale commercial develo ment. Existing Zoning District Existing Future Land Use Land Use Commercial, Site "FR" Farm Rural Vacant Mixed Use, and Medium Density ca Residential High Density N North "FR" Farm Rural Public/Semi-Public o Residential N Commercial, South Outside City Limits Vacant Mixed Use, and •u, Medium Density X Residential w East "RS-4.5" Single-Family 4.5 Vacant Commercial and Outside City Limits West Outside City Limits Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for commercial, mixed 06 u, uses and a medium density residential use. The proposed rezoning to the "CG- M 0 2" General Commercial District "CN-1" Neighborhood Commercial District is partially inconsistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q Map No.: 040034 City Council District: 3 Zoning Violations: None Staff Report Page 2 Transportation and Circulation: The subject property has approximately 6,400 ° feet of street frontage along Farm to Market Road 43 (Weber Road) which is designated as a "A3" Primary Arterial Street and approximately 1 ,100 feet of ° street frontage along State Highway 286 (Crosstown Expressway) which is a N designated as a "F1" Freeway/Expressway. According to the Urban Transportation Plan, "AY Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Tris (ADT). Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume C; Type FM 43A3" Primary Arterial 130' ROW 128' ROW N/A (Weber Rd.) 79' paved 70' paved m Cn 286 F1" Freeway / 400' ROW 440' ROW (Crosstown N/A Expressway) Expressway Varies paved 350' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District to allow for the construction of a large-scale commercial development. Development Plan: The subject property is 385 acres in size. The applicant has not submitted any specific plans concerning the large-scale commercial development. Existing Land Uses & Zoning: As part of the annexation process, the property will be zoned "FR" Farm Rural District. To the north are vacant properties located within the current City limits and zoned "FR" Farm Rural District. To the south and east are properties that are also located outside of the City limits and consist of vacant properties with agricultural uses. To the west are some vacant properties recently annexed and zoned "RS-4.5" Single-Family 4.5 District. In addition, there are adjacent properties to the west located outside of the City limits and the London School 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: 16-inch C900 line located along FM 43. Wastewater: Potential access to the existing wastewater lift station. Gas: No gas access is located along the subject property. Storm Water: Drainage would be directed toward State Highways 286 (Crosstown Expressway). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for a commercial, Staff Report Page 3 mixed uses, and a medium density residential use The proposed rezoning to the "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is mostly consistent with the adopted Comprehensive Plan (Plan CC). However, a portion of the subject property has the future land use designation of medium density residential and therefore inconsistent with a portion of the future land use map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. However, adequate buffering should be considered along the shared property line between the residential and commercial developments. • The proposed large-scale commercial development will serve the expanding London area. In 2019, two major annexations occurred. The projected residential development due to the annexation totals approximately 1 ,800 single-family homes. • The appropriate buffering consists of using the "ON" Neighborhood Office District in lieu of the "CN-1" Neighborhood Commercial District. While the "ON" District offers the same amount of density of multifamily units, the "ON" District prohibits retail and restaurant uses not accessory to an office development. Additionally, the "ON" District allows medical uses by-right. Considering the significant number of adjacent single- family home, medical facilities and other professional office uses will be needed. Staff Report Page 4 Staff Recommendation: 1. Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. 2. Denial of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District, in lieu thereof, approval of the "ON" Neighborhood Office District. Planning Commission Recommendation (July 22, 2020): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District and the "CN-1" Neighborhood Commercial District. Number of Notices Mailed — 1 within 200-foot notification area 4 outside notification area 0 As of July 3, 2020: 4= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a — 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/2020/0720-01 Bobak Mostaghasi (London)/Council Documents/Report-Bobak Mostaghasi.docx Staff Report Page 5 RS-6 FR R5-4.5 a M� SUBJECT )ROPERFY 3 r FM 43 O cd HYDE PARK DR m N H lL Q � tX U Oat.Created:G WJZ29 0 250 500 Prepared By ReyR —Feet Departrr W ofD._fopmen t Services CASE: 0720-01 ; el Z ONING & !NOTICE AREA ° ultitalIL Lght hdu�rmlJ.Itifamlly 2 IH Heavy hdustrul "� SUBJECT ulNtam ilya PuD Plann un it Dev.overlay R&E-PT ofession.l Off ce R5-10 5ingle-Family 10ltifamilyAT RSG Single•-FamilyGighhorhood ammerc eRS4.5 Single-Family 4.5ig hh I, dCommerc e! RSTF Tw Famiy sort Commercial RS75 Single`Family 15sort Gaomemlal RE Reside tal EstteCG1 alCan .I l RSTH T.—h..— Cr, ownhouse '� X CG2 �Ge neral Commer"I SP Special Perm it s GI Mtensive Commercal RV Recreetlonal Vehide Park CBD ow Dntown Commercial RMH Manufacturetl Home _ CR3 Resort Canmemial -- FR Fa Rural H Historic Overlay BP Busir Parlh --- rw o D r o mfa- City of Corp- 4° ,2 x ,° C LOCATION MAP Christi f n"ni'a .itzf 1r R 7 i s � CASE: 0720-01 ■ Aerial Subject Property ■ � -s Roperty r� • Zoning Case #0720-01 Bobak Mostaghasi Rezoning for a Property at 0 FM 43 (Weber Rd.) From "FR" To "CG-2" and "CN-1" t '" —j—Property 1 e �4 Vicinity Map City Council `,elms°;ea August 25, 2020 Aerial Overview RS.a FR 5 SUBJECT PROPERTY "e: F Z Aerial Overview 12 Proposed Annexation Areas-05142020 Legend a a l a �An�e,<atonAlea 4 L-1, J...2019 ��.+�,,, Lontlon Towne fi „ Ord#031822 Transpona6an Plan 02-2fi-2019 .....—ndaryA ,l I=,—d An, ° --Moor C011aGor-Prapased(Cl) M,r Colletlnr-Purposed(C3) �i /rI + �FreewaylExpressrve9-�rop�sed.F" © — Il?Zoning 36.699 ac rS t? CN1 Zu+nn� CG3 385.802 Acre Tract Zoning i ct © sz 303.4¢ 1969 ac I I ' Kln—' Lantlin 11.19�0.20 .1r%4 at 1 ' 11 19 QY p ©© l! 15 'Pate .+ 06-03-20,20 Iin Zoning Pattern X00 IFE 099 f0 000 �O OM o OO�i O pG30O pL�UO� o OCL IQU 00 O Planning Commission Recommendation Approval of the "CG-2" General Commercial District and "CN- 1 " Neighborhood Commercial District Staff Recommendation Approval of the "CG-2" General Commercial District Denial of the "CN- 1 " Neighborhood Commercial District, in lieu thereof, "ON" Neighborhood Office District Public Notification 1 Notices mailed inside 200' buffer R9.8 5 Notices mailed outside 200' buffer FR Notification Area RS 4.5 71 Opposed: 0 (0.00%) � SUBJECT b PROPERTY 3 r i In Favor: 0 0 � HYDE-PARK-DR m w ti -= 7 `l U UDC Requirements RS-4 Buffer Yards: CN-1 to RS-4.5: Type B: 10' & 10 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet m r Parking: suare¢r 1:250 GFA(Retail) PROPERTY Landscaping, Screening, and Lighting Standards e F i� Uses Allowed: Retail, Offices, and Multifamily *Bars/Nightclubs Not Allowed in "CN-1" Utilities Water: 16-inch C900 Wastewater: N/A SUBJEC4 paopIEaTY Gas: N/A Storm Water: N/A so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/25/20 1852 Second Reading Ordinance for the City Council Meeting 09/08/20 DATE: July 16, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 501 Heinsohn Road CAPTION: Zoning Case No. 0620-02, One Rail Group, LLC. (District 3). Ordinance rezoning property at or near 501 Heinsohn Road from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a rail storage terminal. BACKGROUND AND FINDINGS: The subject property is 230 acres in size. The proposed use is the construction and operation of a Rail Storage Terminal. The rail terminal will be serviced by the Kansas City Railroad and will potentially serve all industries in the immediate area. The only building structures planned at this time will be an approximate 2,500 square foot office that will be submitted for approval to the City for review. No object higher than 35-feet is planned to be constructed on the site. The project will be phased to grow larger as customer contracts grow. The number of employees will be 25 or less. Hours of operation are seven days per week 6:00 a.m. to 6:00 p.m. No signage will be required at this location other than industry safety signage located in and around the rail facility. Access to the facility will be from Heinsohn Road. Very low volume is assumed at this time on Heinsohn Road and 50 trips peak am and 50 trips peak pm are assumed after construction is complete. Conformity to City Policy The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light industrial use. The proposed rezoning to the"I L" Light Industrial District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with surrounding uses, and does not have a negative impact upon the adjacent properties. Public Input Process Number of Notices Mailed 15 within 200-foot notification area 5 outside notification area As of July 3, 2020: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside 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 "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District on July 22, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the FR" Farm Rural District and "IL" Light Industrial District to the "I L" Light Industrial 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 and "IL" Light Industrial District to the "IL" Light Industrial District 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. 0620-02, One Rail Group, LLC. (District 3). Ordinance rezoning property at or near 501 Heinsohn Road from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial 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 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 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 80.144 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1 ,Nueces County, Texas, and being all of the south half of Block 2 of the J.C. Russell Farm Blocks, 27.361 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1 , Nueces County, Texas, and being a portion of Lots 14, 17 & 18 and all of Lots 22, 25 & 26 of the Johnny C. Wilson Farm Lots, 9.192 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1 , Nueces County, Texas, and being a portion of Lots 2, 6 & 10 of the Johnny C. Wilson Farm Lots, 0.192 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1 , Nueces County, Texas, and being a portion of Lot 2 of the Johnny C. Wilson Farm Lots, 98.382 acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1 , Nueces County, Texas, and being all of the north half of Block 2 of the J.C. Russell Farm Blocks, 5.380 acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1 , Nueces County, Texas, and being all of Lot 21 of the Johnny C. Wilson Farm Lots, 9.072 acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1, Nueces County, Texas, and being a portion of Lots 3, 4, 7 & 8 of the Johnny C. Wilson Farm Lots as shown in Exhibit "A": from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District. The subject property is located at or near 501 Heinsohn Road. 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. 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 2 of 13 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 3 of 13 Exhibit A Y'LTCES C:OUNn,TEXAS Legal Descnption: TRACT 1: BEL;G a 80.144 acre tract of land situated in the Enriquez Villareal Surviffy_abstract No_ 1. Nueces Cotunty_ Teras.and beim all of the south half of Black-1 of the J.C.Russell Farm Blacks_ as recorded Volume 3_Page 553.1,1ap Records.Nueces Count-.Texas and being the renLiiuder portion of a called 158."acre tract of land described b•,-Deed to Lara-G. Justiss_et al.. as recorded iu 'ohume 205-. Page 360_Deed Records_Nueces Count4-_ Texas. Said 80.144 acre tract being more partictrlarly described by metes and botuids as follows: BEGLNVII\G at a 1 2" iron rod found for the southeast corner of said Block" on the ceneterline of Heinsahn Road. Said 1 iron rod found beinLy called the POINT OF BEGLVI ZNG and havinLy a-Texas Coordinate SystenY" Texas South Zone. North American Datum of 1953. State PLme Coordinate of N:17170493.5 E_13148 54.15 feet. for reference. THENCE S 88`35'37"W_a distance of'686.88 feet to a point for corner at the south,,vest corner of said Block?. and n-hich lies iilthin the confines of an existing railroad easement(Texas Me-ucau Railroad Right-of-,vay easement to Naval Station- Instnunent No. 187749.Deed Records.Nueces C otuxn-. Texas)- from which a 12" iron rod fotuid beans N 88`35'17" E.a distance of 14.81 feet.- THENCE eet_THENCE S 41`16'39" E_ alongy the confines of said existing railroad_a distance of 1298.93 feet to a point for the northn-est cancer of said 84.144 acre tract` THENCE N 88=35'16"E_ a distance of 21686-89 feet to a P. nail set for the northeast corner of said 80.144 acre tract on the centerline of said Heinsolm Road: THENCE S 01`'x'11"E_ a distance of 1298.66 feet to the POLNT OF BEGINNING. containing 80.1-14 acres or 3.491.063 square feet of land. more or less. TRAC T -1: BELONG a 2 7.361 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1. Nueces County- Texas-and being a portion of Lots 14. 17 & 15 and all of Lots 22 ?3 & 26 of the Johunv C. lFilson Farm Lots_ as recorded in Volume''1. Page 1'-13. Map Records_Nueces Count-. Te--is and being described by Deed to LurV and Zoe Justis.s Fanli13-Limited Parviersbip. as recorded in Doctunent No. 2004-005530 7.Official Public records_Nueces Counrv. Texts. Said"'7.361 acre tract being more partictulaTl_y described by metes and botuids as folloWS: BEGrTNE\G at a 1 i"" iron rod with a cap. statuged''TRANSGLOB.A.L SERVICES— set at the northeast corner of said Lot 25.on the east right-of-way line of Heinsohn Road. Said 1 "'iron rod-Mtli a cap_ stamped--T&ANSGLOBAL SERVICES-set being called the PONT OF Page 4 of 13 BEGINNING and hn iug a-Texas Coordinate System'Texas South Zane"North Aixerican Datum of 1983" State Plane Coordimate of'N: 17173451-18-, E: 1314 i91.9S feet" for reference. THENCE S 01=25`17"E" a distance of 360?4 feet to a 1" iron rod fotuid for the southeast coaxer of said Lot 25 and said Johnny C.WiLson Farre Lots: THENCE S 88-34'03"W alouq the.south line of said Johnny C. Wilson Fam Lots and Lots ,5 &26"a distance of 1300"97 feet to a 60D nail set at the southwest corner of said Lot 26; THENCE N 01 023'09" V7-along the west lime of Lots 26" 212. 18& 14" a distance of 12123.78 feet to a 1 -"' iron rod,,,,ith a cap.staniped''TF.LNSGLOB-kL SERVICES— set for the northwest corner of said 27.361 acre tract on the southerly right-of-way line of State 44(a variable n idth acid being the t�eguxtwxg of a nou-ttaugent clu,"e to the left having a radius of 345936 feet. a delta angle of 18=21`40" and a chord hearing and distance of S 82`20'35" E" 1103"86 feet: THENCE along said non-tangent=e to the left and said southerl'right-of-wa, line_passing the common line of Lots 14& 18 and Lots 17 & 18"au arc length of 1108.60 feet to a L""iron rod found for corner; THENCE N SS-35'3I"E. a distance of 163.75 feet to a 1 "' iron rod found for the northernmost northeast corner of said 27.361 acre tract: THENCE S 46-24T7" E_a distance of 65.67 feet to a 1 2"iron roda cap. stanxped -TR-ANSGLOBAL SER",-I(-- set for the easternnxost northeast corner of said '7.361 acre tract. on the east line of said Lot 17 and being it the intersection of the southerly right-of-way, line of said State Highway 44 and the n-est line of.said Heinsolin Road: THENCE S 01-25`17"E" along the east hue of said Lot 17 and the west right-ofway, line of said Heinsohn Roa&a distance of 282.38 feet to a 1 '" iron rod with a cap_ stamped --TRANSGL0BAL SERVICES- set at the southeast confer of said Lot 17: THENCE S 88-34`00"W_along the.south line of.said Lot 17" a distance of 650.3_' feet to a point for the.soutIrivest corner of saicf Lot 17.the southeast comer of said Lot 18 and the northeast corner of said Lot 22: THENCE S 01=216"E" alonLy the east line of said Lot 22. a distance of 360.25 feet to a point for the.southeast corner of said Lot 22"the northeast corner of said Lot 26 and the northn—est corner of said Lot 25_ THENCE N 88°34'00"E. a distance of 650.77 feet to the FOIh7 OF BEGINNING" contaiiug 27.361 acres or 1.191"846 sgxme feet of land"more or less. ~ Page 5 of 13 TRACT 3: BELNG a 9.192 acre tract of land.situated in the Enrignez Villareal Siuyev abstract No. 1. Nueces Cmnt}-_ Teas.and being a portion of Lots'. 6& 10 of the Johnny C. Wilson Farm Lots. as recorded in Volume 21.Page 12-13. Map Records.Nueces Cotmtv_ Te a.s and being described by Deed to Lam-and Zoe Justiss Family Limited Partnership. as recorded in Dacimient No. 1004-005307. Official Public Records_Nueces Cottntv_Texas. Said 9.191 acre tract being more particularly-described by metes and bounds as folllo S: BEGr-N-MNG at a 12" iron rod tit-ith a cap. .stautped ''Tl--LNSGLOBAL SERVICES" set for the north comer of said 9.191 acre tract on the easterly right-of-tit-ay of State Highwav 44(a vaf0ble %yLdth)_ from which a concrete montun-ent foiuid bears N 60`08''5-"E_ a distance of 5'.33 feet_ Said 1 "" iron rod alth a cap_ stamped --TRANSGLC)B.0 SER�-ICES­ set beingy called the PC TNT OF BEGUN IvG and h ndn¢a --Te i.s Coordinate System'Texas Sottth Zone-N- Mlx kntericm DatLmi of 1953_ State Plane Coordinate of 17175566.66. E: 1314091.15 feet- for reference. THENCE S 01=11`00" E_passing a 1:2'" iron rod found at the southea;t comer of said Lot } and the northeast coater of said Lot 6. in all a total distance of 965.36 feet to a point on the east line of said Lot 10 on said easterl-.-riu-it-of-way for the begiunin4 of a non-tangent curve to the rift having a radius of 17 215.0 8 feet. a delta angle of 15°05'19`' and a chord bearing and distance of N 71°08'56"W— 454.47 feet_ frons said point a found 1 '1" iron rod found bears N 01`'0'55"E- a dist mce of 1.52 feet-- THENCE eet:THENCE along .said non-tangent inwve to the rig11 t. an arc length of 455.50 feet to a 12" iron rod,lith a cap_ stamped-`TR.ANSGLOB.0 SERVICES" set for corner at the beginning of<a tangent aTve to the right having a radius of 305.99_ a delta tangle of 31`15'13" and a chord bearing and distance of 47°53'04" W- 166.45 feet: THENCE continuing along said easterly-f i_ :--i=- .,-a_-line the follcra-kg courses and distances: --long said tangent ctine to the right. an arc length of 165.56 feet to a point for the beginning of tangent curve to the right hat-iug a radius of 305.99 feet.a delta angle of 5 72 and a chord bearing and distance of N 03°38'56"W- 196.31 feet. franc said point a 1 2" iron rod foluld bears S 34-3703"E- a distance of 1.24 feet: .Along said tangent ctin-e to the right_ an arc length of 309_?7 feet to a 12" Iran rod A th a. cap_ stamped"TRANS GLOBAL SERVICES" .set for the beginning of a tangent ciuve to the right having a radios of 445.11 feet. a delta angle of 35`09'5S". and a chord bearing and distance of 41'36218" E. ?51.51 feet: .along said tangent ctm-e to the right. an arc length of 2'87.31 feet to a 1 _'" iron rod Stith a. cap_ stamped"TRANSGLOB_U SERVICES" set: T EN- CE N 60-05'3 S"E- a distance of 413.14 feet to the POINT OF BEGINVIN-G- containing 9.192 acres or 400.394 square feet of kind- mare or less. Page 6 of 13 TRACT 4: BELNG a 0.192 acre tract of land situated in the Enrigaez Villareal Survey Abstract No. 1_ Nueces Cotuat}y_ Texas.and being a portion of Lot '2 of the Johnny C.Wilson Faun Lots_as recorded in Vohime'1-Page 12-13_Map Records_Nueces Cotuiny_ Te�q.s and being described b-,-Deed to Lam and Zoe hustiss Firmly Linn ted Partnership. as recorded in D ufierit-No. '1004-005307_ Official Public Records.Nueces Ccrtmty.Texas_ Said 0.19" acre tract being more particularly described b-,-inetes and hounds as follows- BEGENN- LNG ata 1 `iron rod with a cap. .statitped"TRANSGLOBAL SERVICES_. set for the nortli;rest comer of said Lot 21 on the.south right-of-tray line of Agnes Street. Said 1 21" iron rod with a cap_ stamped "TRANSGLOBAL SERVICES" set being called the POOL T OF BEG N_VING and having a--Tex<i:s Coordinate S,,stcnu-Texas South Zone_ -NeTth American Datum of 1983. State Plane Coordinate of N: 1?173199-69_E: 1313438.55 feet. for reference. THENCE Iti 88:34'00"E. along the north line of Lot 2 and the south line of said right-of-viv. a distance of 19.94 feet a concrete niommient found at the intersection of the south right-of-tray line of Agues Street and the northerly right-of-seay line of State High,;,-a_-44(a variable aldth riglit-of-way): THENCE along the northerly ngJtt-of-way line of State Hightyay 44 the follo,�,ing courses and distmces: S 53°40'41" E_a distance of 6333 feet to i 1 T' iron rad %X-ith a cap_ stamped -' _VNSGLOBAL SERVICES .set for comer-- S omer:S 48°5114" W_ a distance of 116.'0 feet to a 6"hackberr,tree: S 43°14'55" NAL'_ a distance of 29.39 feet to a 12" iron rod ii7th a cap. stamped -'TR-A-NSGLOB AL SERVICES-set on the west line of said Lot 2: THENCE N 01`23'09"IV. alonz the west line of.said Lot 2. a distance of 133.5' feet to the P0rN_T OF BELL NT-\'G_ containing 0.192 acres or 5.358 square feet of land.more or less. -k- 0 58 54 Page 7 of 13 NUI C.I S C:t]UIIITYIIXAS Legal Desci iptlon: TRACT 1: BELNG a 98.382 acre tract of land situated in atnd Eurigiez Villareal Sun-ey Abstract No_ L Nueces County_ Te�a.s.and being all of the north half of Block' of the J.C. Russell Farm Blocks_ as recorded Volun7e 3-Page 53.Map Records-'Nueces Count-_Texas and being described by Deed to Johnny-C. Wilson_Jr._et al_as recorded in Volinue'03'_ Page 560_Deed Records_-Nueces Coimty. Terms and in the Estate of Mabel Kreiling Froinnie, recorded in Cause No. 385 78-4. Probate Records.Nueces Counrr.. Texas.and part of Lot 11 & 13 and all of Lots 19. 23 & 27 of the JohMV C'."%�'illson Farm Lots_as recorded in Volume 21- Pages 1'-13. Map Records_-Nueces C oimty." Texas and being described by Deed to Johnny Charles Wilson.Jr._and wife_ Lindau Fronune Wilson- as recorded in Document No. 8749"1.Official Public Records_ Nueces County_ Teas. Said 98.381 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a P.K.nail set in the centerline of Heinsohn Road for the.southeast corner of said 98.38' acre tract_ from which a 1 '`' iron rod found for the.southeast corner of said Block�'- J.C.Rnssell Fami Blocks bears S 01`„'11” E, a distance of 1'98.67 feet. Said PYL nail set being called the POUT OF BEGUN-P G and having a-'Teas Coordinate System-Texas South Zone_North Americin Dat-.un of 1983_ State Plane Coordiri<ate of N: 17171701.81.E: 1314833.14 feet_ for reference. THENCE S 88`33'16"W.a distance of 2686.89 feet to a point for a comer for the southwest corner of said 98.38'acre tract. and which lies i�ithin the confines of an existing railroad(Texas Mexican Railroad Right-of-ya V easement to Naval Statim Instnmient No. 187749.Deed Records_-Nueces Counrnty_Texas)_ THENCE 1,�01°16'39"'V'_ along the confines of said existing railroad.a distance of 1299.20 feet to a paint for tine westernmost northwest comer of said 98.38' acre tract_ and from which a 12" iron pipe found bear N 88-3-'i1"E_ a distance of 121'.83 feet: THENCE N 88`34'03"E. a distance of 71'.921' feet to a 3_, fence confer found at an anterior ell corner of said 98.38'acre tract and the.southwest corner of said Lot 27: THENCE N 01°13'171' V'_ along the west lines of said Lots 27.23. 19. 13 & 11_a distance of 1515.91 feet to a 12" iron rod found for the northerumost uorffiwest comer of said 98.382 acne tract and being in the sa utherl r right-of-way line of State Highn-a;-44 (a variable Mdth right-of- way). also being the beginuiug of a non-tangent ciu ve to the left mud.having a radius of 3439.36 feet. a delta angle of 11:49"51"-and a chord bearing and distance of S 6714'49" E_ 713.03 feet: THENCE along said non-tangent crurve to the left_ departing the west line of Lot 11_passing the coninnon line of said Lots 11 & 15_ along the souther 1-,:-right-of-n-a,-line of State Highway 44. an arc length of 714.3' feet to a 1 2" iron rod with a cap. stamped "TRANSGLOBAL SERVICES- Page 8 of 13 set fur the nothemalo:st northeast corner of said 98.3821 acre tract and beim in the east line of Lot 15: THENCE S 01:23`09" E- along the east line of said Lots 15- 19- 23 & 27-a distance of 1213.78 feet to a 60D mil set for an interior ell corner of said 98.38'acre tract. the southeast corner of said Lot 27 and the north line of said Block I THENCE N 88c34'03"E- along the north line of said Block ,_passim a 1" iron rod found for the southeast comer of said Johnny C. Wilson Fami Lots at a distance of 1300.97 feet-in all a total distance of 1321'2'.121' feet to a P.K.nail set for the easte=ost northeast comer of said 98.382 acre tract oit the centerline of said Heinsohn.Road: THENCE S 01:21_I'11" E- alonz said centerline. a distance of 105'.16 feet to a 121"iron rod found for comer: THENCE S 88`3749"W.departing said centerline. a distance of 290.40 feet to a 60D nail set for an interior ell comer of said 98.382 acre tract: THENCE S 01:212"11" E_ a distance of 299-8_I feet to a 1 "" iron rod with a cap. steed ..TRAItiSGLOB LL SER—,,,"ICES—'set for an interior ell corner of said 98.38_I acre tract: THENCE N 88°37'49"E- a distance of 290.40 feet to a 12" iron rod found for comer on the centerline of said Heimsohn Road: THENCE S 01-,ti`11"E- alonz said centerline. a distance of 895.17 feet to the POIh7 OF BEGINNING. containing 98.38_I acres or 4.285.523 .squzue feet of land.more or less. TRACT?: BELNG a 5.380 acre tract of land situated in and Eiriquez Villareal Stn:ev Abstract No. 1. Nueces Cotuity- Texas-and being all of Lot A of the Johnny-C. Wilson Famn Lots. as recorded in Volume 1-1. Pages 1?-13.'slap Records--Nueces Count-_ Tees and being described by Deed to Jol=v Charles Wilson_ Jr..recorded in Vohune 145.Paze 306. Deed Records.Nueces Cornute. Teaaas and the Estate of filar,-Lee Wilsom as recorded in Cause No. 2 D00-PR-38815-_'- Probate Records-Plueces Carum�. Terns. Said 5.380 acre tract being more partictilari� described by nnetes and bounds as follo7,v.s: BEGINVING at a 1 2" iron rod 4rith a cap. stuWed "TR-NSGLOBAL SERVICES— set for the southeast comer of said Lot 211. fronx which a 1"iron rod found for the southeast corner of said Johnin-C.Wilson Farm Lots hears S 01-2115'0211"E- a distance of 360.20 feet. Said 12" iron rod with a cap_ stamped "TR.ANISGLOB AL. SERVICES-- set being called the PONT OF BEGIN_IING and having a-'Texas Coordinate Sasteni'Texas South Zane-North:lnterican Datum of 1983- State Plane Coordinaate of N_- 1717 3-45 1-18-E: 1314?91.98 feet. for reference. THENCE S 88`34'0,0" W.a distance of 650.77 feet to a point for the smithwest comer of Lot'1: Page 9 of 13 THENCE N 01`21'00'" W- a distance of 360. 5 feet to a point far the nortim-est corner of Lot 21: THENCE N 88`34'00'"E. a distance of 654.32 feet to a 12" iron rod nith a cap. stamped -'TR.AN SGLOB U SERVICES"set for the northeast comer of said Lot 21 THENCE S 01`25"16" E. a distance of M0.25' feet to the POINT OF BEG G. containing 5.380 acres or 234-357 sgikare feet of Land_ mare or less. T -kC T 3: BELNG a 9.472 acre tract of land.situated in and En.riquez Villareal Sun-ey abstract No. I, Nueces County- Tees.and being a portion of Lots 3.4. 7 & 8 of the Johnny C. "Wilson Fanu Lots. as recorded in Volume'1-Pages 1'-13-1A lap Records. Nueces Coring-_Texas and being described by Deed to Johnin~ Charles Wilson- Jr.. and wife. Linda Frontme Wilson_as recorded in Document No. 8 749 21. Official Public Records.Nueces Coimty.Texas. a Deed to Johimv Charles WilsoiL recorded in[Volume 148. Page 306.Deed Records-Nueces County- Texas and the Estate of la Lee��'ilsan-Cause No- ? -PR-33815 '- Probate Records-Nieces CaunrV. Te as. Said 9.072 acre tract beim more pa mcWarlti described by metes and bounds as follows: BEGINVNG at a 12"iron rod with a cap. .stantped "TR-ANSGLOBAL SERVICES— set at the the northeast corner of said Lot 3 and the south right-of--xa v line of Agnes Street- also being the northeast corner of said 9.0,- acre tract- Said 1 '" iron rad with a cap stamped -.TR- NSGLOBAL SERVICES" set beim called the POD\-T OF BEGL%TNING and ha-6=7 a —Texas Coordinate Systeni'Texas South Zone--forth.?nterican Da-rux7 of 1983- State Plane Coordinate of--N: 17175599.69- E: 1313438.38 feet- for reference. THENCE S 01:1-3'09" E_ a distance of 133.32 feet to a 1 2" iron rad with a cap. stanrtped -.T -ANSGLOB:?L SERVICES" .set an the east line of said Lot 3 and the northern right-of-tt-a�- line of State High tvay 44(a variable t--idth right-of-way): ` THENCE alon R the nartherl- rtzht-of-,Y.ry line of said State Hi ghwa-, 44 the following catuses and distances: ~ Y ~ S 43°14'55" W- a distance of 70.61 feet to a 10" hacicberr, tree: S 38`00'43" IV- a distance of 104.00 feet to a 1 2" iron rad��,�ith a cap. stamped -.TR�NISGLOB "iL SERVICES-set for the beginning of a tangent cun-e to the right having a radius of 509.77 feet-a delta angle of 66`53'23"-and a chord bearing and distance of 71°26'5'" W. 561.69 feet: ~ _slang said tangent turf e to the right.passing the common line of said Lot 3 & 7. an arc length of 594.91 feet to a concrete monnunent found for the beginning of a tangent nine to the right having a radius of 509.57 feet- a delta angle of 66°53'28 and a chard bearing and distance of N 68`47'45"W. 113.56 feet: Page 10 of 13 _�,1ong said taalEeut can e to the right.gassing the common liu�e of said Lot 7 Sand Lot #&S. an are lertgrth of 115.83 feet to a 6.0D nail set. from which a 1 -l" iron rod found bears 5 41:44'21'3"W. a distance of 3.--l7 feet_ N 63`34'46" W. a distance of 521'5.94 feet to a concrete nYouimient found for the southwest comer of said 9.07-1 acre tract: N 39'30'02"E_a distance of 175.4 9 feet to a point for the northn-est coater of said 9.07' acre tract and the north line of said Lot 4. oil the soiirh ri ltt-af- a, lice of said Agnes Street. from which a concrete moniulteut fatutd Dears S 1"43'51" W. a distance of 1.46 feet: THENCE N 55`34'00''E. a distance of 1111.66 feet to the POD-7T OF BEGLV_VLNG. containing 9.472 acres or 395.161 sq-t re feet of laud_more or less. .......• .II. . 'A �.�MES CU TIS YARGER ��a•••4.1.4 a•a.aaaa...a•aaa• • 5854 Page 11 of 13 r M i . e Mzm m"4'iri�;.�"s Oc ist — r neap Page 12 of 13 ,amu:,.„. � .,.. . et ,,...,. :- .....�.-�_�,.,-._....W,•..,w..�..,..�,.. i .a c — , Owl 4 di -xuie'R::�x.=rrfirm.z-.•ar ..••�' L��5. ��•�:�ss�r"�i�evciaf�i7�3k-ss"�'�li�• Page 13 of 13 PLANNING COMMISSION FINAL REPORT Case No. 0620-02 INFOR No. 20ZN1014 Plannin Commission Hearin Date: July 8, 2020 Owner: One Rail Group, LLC. Applicant: One Rail Group, LLC. Location Address: 501 Heinsohn Road o Legal Description: Being 80.144 acre tract of land situated in the Enriquez Villareal Survey Abstract Q No. 1,Nueces County, Texas, and being all of the south half of Block 2 of the J.C. Russell Farm Blocks, 'i 27.361 acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1, Nueces County, Texas, N and being a portion of Lots 14, 17&18 and all of Lots 22,25&26 of the Johnny C.Wilson Farm Lots, 9.192 .v acre tract of land situated in the Enriquez Villareal Survey Abstract No. 1, Nueces County,Texas, and being � a portion of Lots 2, 6 & 10 of the Johnny C. Wilson Farm Lots, 0.192 acre tract of land situated in the QEnriquez Villareal Survey Abstract No. 1, Nueces County,Texas, and being a portion of Lot 2 of the Johnny C. Wilson Farm Lots, 98.382 acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1, J Nueces County, Texas, and being all of the north half of Block 2 of the J.C. Russell Farm Blocks, 5.380 oa acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1, Nueces County, Texas, and being all of Lot 21 of the Johnny C. Wilson Farm Lots, 9.072 acre tract of land situated in and Enriquez Villareal Survey Abstract No. 1, Nueces County,Texas,and being a portion of Lots 3,4,7&8 of the Johnny C. Wilson Farm Lots, located along the west side of Heinsohn Road, south of State Highway 44 (Agnes Street), and west of State Highway 358 North Padre Island Drive). From: "FR" Farm Rural District and "IL" Light Industrial District .� To: "IL" Light Industrial District No Area: 230 acres Purpose of Request: To allow for the construction of a rail storage terminal. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural and Vacant Light Industrial "IL" Light Industrial Heavy Industrial North "IH" Heavy Industrial Heavy Industrial and Light Industrial o N 0 South "IL" Light Industrial Vacant Light Industrial }, J T "FR" Farm Rural and Vacant and W East "IL" Light Industrial Light Industrial Light Industrial "FR" Farm Rural, Vacant and Heavy Industrial West "IH" Heavy Industrial, and Heavy Industrial and Light "IL" Light Industrial Industrial Area Development Plan: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light m o industrial use. The proposed rezoning to the "IL" Light Industrial District is '40 consistent with the adopted Comprehensive Plan (Plan CC). a o Map No.: 053043 Q City Council District: 3 Zoning Violations: None Staff Report Page 2 Transportation and Circulation: The subject property has approximately 160 ° feet of street frontage along State Highway 44 (Agnes Street) which is designated as a "F1" Freeway/Expressway Street and has approximately 3,600 ° feet of street frontage along Heinsohn Road which is designated as a "A2" a N Secondary Arterial Street. According to the Urban Transportation Plan, "A2" L Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Tris (ADT). Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume C; Type State Highway `°F1" 450' ROW 400' ROW 4 SQA entN/A es Freeway/Expressway 180' paved Varies paved L U) Heinsohn "A2" Secondary 1 00' ROW 45' ROW Road Arterial 54' paved 21' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District to allow for the construction and operation of a Rail Storage Terminal. Development Plan: The subject property is 230 acres in size. The proposed use is the construction and operation of a Rail Storage Terminal. The rail terminal will be serviced by the Kansas City Railroad and will potentially serve all industries in the immediate area. The only building structures planned at this time will be an approximate 2,500 square foot office that will be submitted for approval to the City for review. No object higher than 35- feet is planned to be constructed on the site. The project will be phased to grow larger as customer contracts grow. The number of employees will be 25 or less. Hours of operation are seven days per week 6:00 am to 6:00 pm. No signage will be required at this location other than industry safety signage located in and around the rail facility. Access to the facility will be from Heinsohn Road. Very low volume is assumed at this time on Heinsohn Road and 50 trips peak am and 50 trips peak pm are assumed after construction is complete. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and "IL" Light Industrial District and consists of vacant property. The property was annexed in 1962. To the north across State Highway 44 (Agnes Street) are vacant properties zoned "IL" Light Industrial District. To the south are vacant properties zoned "IL" Light Industrial District. To the east are businesses and vacant properties zoned "IL" Light Industrial District and "FR" Farm Rural District. To the west vacant properties zoned "IH" Heavy Industrial District and "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). No comments were received from either the Corpus Christi International Airport nor the Naval Air Station in opposition of the rezoning. Staff Report Page 3 Plat Status: The property is not platted. Utilities: Water: 8-inch ACP line located along Heinsohn Road. Wastewater: 8-inch PVC line located along Agnes Street. Gas: 2-inch Service Line located along Heinsohn Road. Storm Water: 24-inch line located along Agnes Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light industrial use. The proposed rezoning to the "IL" Light Industrial 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). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the surrounding uses, and does not have a negative impact upon adjacent properties. Planning Commission and Staff Recommendation (July 22, 2020): Approval of the change of zoning from the "FR" Farm Rural District and "IL" Light Industrial District to the "IL" Light Industrial District. Number of Notices Mailed — 15 within 200-foot notification area 5 outside notification area 0 M As of July 3, 2020: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a 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/2020/0620-02 One Rail Group,LLC/PC Documents/PC Report-One Rail Group,LLC.docx Staff Report Page 4 � ° AGNE�ST ��AG NE a2 ONES S Z RL HWY 44 FWY e n HWY 44 ACC IH d 5 W j 40 SUBJECF '—' P,ROPER 11 , 9 13 RF SPI92-02 FR 3 15 6 2 J- -Dae r—,smra° 0 250 500 F epared 6y R �Feet 77 tlepartmend of t7evefopmerrd 5ervic CASE: 4624-02 ZONING & NOTICE AREA RM-1 Multifamily) IL Lght lntlustrial RM-2 Multifamily2 IH Heavy hdustral SUBJECT RM-3 Multifamily3 PU6 Planned Unit Dev.Overlay `PROPERTY ON Professional Otice RS-10 Single-Fam ily 10 RM-AT Multifamily AT RSI Singles Family& CN-1 Neigh horhood Cam mercal RS-4.55irtgle-Family 4.5 CN-3 Nei g hborhood Cam mercal R5-TF TwoFamdy CR-1 Resort Commercial RS-15 Single-Family 15 CR-1 Re rt Com mere ial RE Residential Estate CO-1 Ge rmral C mn m e.a l RS-TH Townhouse MA ~ * Corpns ChrcsN ay CG7 Ge neral C am m era a l SP Special Permit CI Wens Ie Camnn cal Ry Recreational Vehide Park CBC Dow rttaw n.Commercial RMH Manufactured Home \ g CR-3 Resort C.ommemial E FR Farm Rural HHlstaric Overlay \� RP Business Park T ��- mth 20Pbuuf&r O in laver u . \ \ C"7 of ¢° X LOCATIO" PF mh I 4.I p / r I � CASE: 0620-02 Aerial with Subject Property SUBJECT ❑ Su ke d %PR OPER TY PYDpert AgIE crlA 4 CarpusChrisd ay 9 EAp 4•\1 Map Scale: 1:10,000 `� \\ � Com.of rOcaTION ,79aP Zoning Case #0620-02 One Rail Group, LLC. Rezoning for a Property at 501 Heinsohn Road From "FR" and "IL" To "IL" Ir r 1 Vicinity Map City Council August 25, 2020 Aerial Overview GNES AGfWES ST HWY44FWY - _ HWY 44 ACC - SUBJECT PROPERTY ut ., 2 Zoning Pattern o� OM 072 20M FE � IFF,p 982 °0 g %62 Q d A779) MIT 0 3 Planning Commission and Staff Recommendation Approval of the " IL" Light Industrial District Public Notification .R 15 Notices mailed inside 200' buffer a AGMESSTI 5 Notices mailed outside 200' buffer z Notification Area " Y44 FWY Ce IN® s o H ACC W j 5 Opposed: 0 (0.00%) , sus.JECrecr , PRQPERT,Y 9 77 !C SP/92-02 In Favor: 0 FR 5 6 UDC Requirements AGNE55T - Buffer Yards: AG ST � � IL to FR: N/A Nk i hW `� w Setbacks: H�Y4,Fw; Street: 20 feet H""x°- CC Side & Rear: 0 feet suerecr a Parking: PROPERTY N/A Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage. Utilities Water: r 8-inch ACP Li Wastewater: 8-inch PVC � 8 Gas: SUBJIECr 2-inch service line Storm Water: 24-inch spaS cr G0 � O U NOflPORPY EO xs5� AGENDA MEMORANDUM Action Item for the City Council Meeting of August 25, 2020 DATE: August 14, 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/Street Operations richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 Construction Contract Awards Ocean Drive from Louisiana Avenue to Robert Drive and Robert Drive to Ennis Joslin Road CAPTION: Ordinance awarding two construction contracts to Haas-Anderson Construction, Ltd., Corpus Christi, Texas for the mill and overlay of Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of $4,399,728.35 and amending the FY 2020 Operating and Capital Budget to include Ocean Drive from Louisiana Avenue to Robert Drive and Ocean Drive from Robert Drive to Ennis Joslin Road projects; appropriating $4,554,601.20 from the unreserved fund balance of the General Fund, located in Council District 4, with funding available from the 2012 and 2014 Street Bond Program, and the FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. SUMMARY: This motion approves two construction contracts with Haas-Anderson Construction, Ltd., for Ocean Drive from Louisiana Avenue to Robert Drive in an amount of $6,081 ,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in an amount of $4,399,728.35 for the mill and overlay of Ocean Drive with new asphalt pavement including all bike lanes, traffic signs, pavement markings, minor curb and gutter improvements and utility improvements. BACKGROUND AND FINDINGS: Ocean Drive begins north of Cole Park and curves along to the southeast Corpus Christi Bay ending at the Naval Air Station. Ocean Drive is one of the most scenic drives of the City that attracts tourists, bikers and walkers. Additionally, it is a regular transportation route for many. There are six City Parks located along Ocean Drive that fronts Corpus Christi Bay. Ocean Drive from Louisiana Avenue to Ennis Joslin Road is a heavily traveled roadway that is currently experiencing surface pavement distress and requires repairs to the asphalt pavement to extend the roadway lifespan, improve the ride quality, and reduce future maintenance costs. The project scope 2.87 miles of Ocean Drive from Louisiana Avenue to Robert Drive and includes 2.14 miles of Ocean Drive from Robert Drive to Ennis Joslin Road with total length of 5.01 miles. The project will include pavement mill and overlay from curb to curb, road signage as needed, pavement markings, minor curb and gutter replacements as needed for positive drainage of storm water and minor water and wastewater improvements. This project was designed and bid as two separate projects due to the length of the street. The remaining portion of Ocean Drive from Interstate 37 to Louisiana is currently being rehabilitated by a different contractor (a small section of road near Cole Park and Sphon Hospital on Shoreline was recently reconstructed and will not be included in the scope of work). The completion of this project will allow for the complete mill and overlay of Ocean Drive from Interstate 37 to Ennis Joslin — a 14-mile stretch of roadway. PROJECT TIMELINES: 2020 2020 -202 October - August (Ocean Drive from Louisiana Avenue to Robert Drive) April - June July - Sept and October —June (Ocean Drive from Robert Drive to Ennis Joslin Road) Design Bid/Award Construction Project schedule reflects City Council approval in September 2020 with anticipated completion of Ocean Drive from Louisiana Avenue to Robert Drive by August 2021 (11 months) and Ocean Drive from Robert Drive to Ennis Joslin Road by June 2021 (9 months). COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. The solicitation contained one base bid for asphalt pavement only. On August 12, 2020 the City received two bids for each project. A summary of the bids is provided below. Bid Summary — Base Bid 1 (Asphalt) Ocean Drive from Ocean Drive from Contractor Robert Drive to Louisiana Avenue Ennis Joslin Road to Robert Drive Base Bid Base Bid Haas-Anderson Construction, Ltd. $4,399,728.35 $6,081,782.85 Bay, Ltd. $5,929,908.05 $7,409,349.30 Engineer's Opinion of Probable Cost $5,095,476.25 $6,621,583.75 The City analyzed the bids in accordance with the contract documents and determined Haas-Anderson Construction, Ltd., is the lowest responsive and responsible bidder for both parts. Haas-Anderson Construction, Ltd. is a reputable, Corpus Christi construction company that has been in the construction business in Corpus Christi for many years and has successfully completed several City streets projects. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Haas-Anderson Construction, Ltd. This would delay the project and conflict with City Council's goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2020 of the Ocean Drive construction is an amount of $4,399,728.35 for Part 1 and $6,081 ,782.85 for Part 2 to be funded through 2012, 2014 Street Bond Programs interest appropriation, FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. Funding Detail: Fund: 3551 — Street Bond 14 Organization/Activity: 500030-3551 Mission Element: 051 Account: 500030-Reserve appropriation (Interest Earnings) Amount: $2,000,000 Fund: 3552 — Street Bond 12 Organization/Activity: 500030-3552 Mission Element: 051 Account: 500030-Reserve appropriation (Interest Earnings) Amount: $250,000 Fund: 3554 — Street Bond 12 Organization/Activity: 500030-3554 Mission Element: 051 Account: 500030-Reserve appropriation (Interest Earnings) Amount: $250,000 Fund: 1148 — Type B Streets Organization/Activity: 1148-60250-777 Mission Element: 051 Account: 548500 — Operating transfer to CIP Amount: $3,000,000 Fund: 1020 — General Fund Account: 251850 — Unreserved Fund Balance Amount: $4,554,601.20 Fund: 4010 - Water Organization/Activity: 4010-30281-062 Mission Element: 062 Account: 520130-Maintenance and Repairs 530080-Light, Heat & Power 530230-Equipment Maintenance Amount: $113,840 Fund: 4200 - Wastewater Organization/Activity: 4200-33000-062 Mission Element: 062 Account: 530001-Outside legal counsel Amount: $162,920 Fund: 4300 — Storm Water Organization/Activity: 4300-32006-043, 4300-32005-043, 4300-32040-043 Mission Element: 043 Account: 530000-Professional Services 530001-Outside legal counsel Amount: $150,150 RECOMMENDATION: Staff recommends awarding Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of $4,399,728.35 to Haas-Anderson Construction, Ltd. The construction duration planned for Ocean Drive from Robert Drive to Ennis Joslin Road is 9 months and for Ocean Drive from Louisiana Avenue to Robert Drive is 11 months from issuance of the Notice to Proceed to begin construction in September 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Bid Tabs Construction contracts Ordinance awarding two construction contracts to Haas-Anderson Construction, Ltd., Corpus Christi, Texas for the mill and overlay of Ocean Drive from Louisiana Avenue to Robert Drive in the amount of $6,081,782.85 and Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of $4,399,728.35 and amending the FY 2020 Operating and Capital Budget to include Ocean Drive from Louisiana Avenue to Robert Drive and Ocean Drive from Robert Drive to Ennis Joslin Road projects; appropriating $4,554,601.20 from the unreserved fund balance of the General Fund, located in Council District 4, with funding available from the 2012 and 2014 Street Bond Program, and the FY 2021 Type B, FY 2020 General, Storm Water, Wastewater, and Water Funds. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Fiscal Year 2020 Capital Improvement Program Budget adopted by Ordinance 031870 is amended to increase the budget in the amount of $10,481 ,511 .20 for Ocean Drive from Robert Drive to Ennis Joslin Road Project 20271 and Ocean Drive from Louisiana Avenue to Robert Drive Project 20272. SECTION 2. The FY 2020 Operational Budget adopted by Ordinance No. 031870 is amended to appropriate $4,554,601 .20 from the unreserved fund balance of the General Fund. SECTION 3. The FY 2020 Operational Budget adopted by Ordinance No. 031870 is amended to increase expenditures by $4,554,601 .20. SECTION 4. The City Manager or designee is authorized to execute a construction contract with Haas-Anderson Construction, Ltd., Corpus Christi, Texas for Ocean Drive from Robert Drive to Ennis Joslin Road in the amount of $4,399,728.35 and Ocean Drive from Louisiana Avenue to Robert Drive in the amount of$6,081 ,782.85 for the resurfacing of Ocean Drive with new asphalt pavement, traffic signs, pavement markings, minor curb and gutter improvements and utility improvements. 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 SCALE: N.T.S. Project Location d CORPUS CHRISTI BAY VICINITY MAP ; NOT TO SCALE SjQ �P PART 2 PART 1 � � TEXAS A UNIVERSIT �O y0<<Y CORPUS 6 358 O ISS v� OSO BAY 0, LOCATION MAP Project Numbers: 20271 , 20272 NOT TO SCALE OCEAN DRIVE CITY COUNCIL EXHIBIT (LOUISIANA AVENUE TO ROBERT DRIVE) CITY OF CORPUS CHRISTI,TEXAS V441 ROBERT DRIVE TO ENNIS JOSLIN ROAD DEPARTMENT OF ENGINEERING SERVICES •moo j ....'��d .. .. � � � /\ � v \ w � v L ? *'A'•r _. .'� his Y . < .. •r �. ��e t` •�rx y %� �iT�� �L�y r`r � ��r- q- , � ..« ^ •♦ � � � `•gam _ , � • , •. y`' ,��,. .., � CORPUS CHRISTI BAY Ikk V. • r. . • _ • _ , 5/ . OCEAN DRIVE CITY COUNCILEXHIBIT ROBERT(LOUISIANA AVENUE TO CORPUS 4 CORPUS CHRISTI BAY :r NMI SWANTNER PARK ilk • U .• i s a x{ r• • r , J � r /.. .A r.. ♦ r A it ♦ ,i Q - ' r 4 ProjectNumber: xis►x. � NOT •SCALE - OCEAN DRIVE CITY COUNCIL (ROBERTDRIVE TO ENNIS JOSLIN ' •ACORPUS TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:Wed., August 12,2020 OCEAN DRIVE-ROBERT DR TO ENNIS JOSLIN RD HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20271 PO BOX 7692 401 CORN PRODUCTS RD RFB#3189 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT PART A-GENERAL Al MOBILIZATION LS 1 $ 203,000.00 $ 203,000.00 $ 32,000.00 $ 32,000.00 A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE AL 1 $ 25,000.00 $ 25,000.00 $ 37,000.00 $ 37,000.00 A3 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 8 $ 2,950.00 $ 23,600.00 $ 39,700.00 $ 317,600.00 A4 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION LS 1 $ 51,000.00 $ 51,000.00 $ 51,700.00 $ 51,700.00 AS ITRAFFIC CONTROL PLAN AT INTERSECTION EA 3 $ 3,490.00 $ 10,470.00 $ 2,500.00 $ 7,500.00 A6 OZONE DAYS DAY 4 $ 2,210.00 $ 8,840.00 $ 110.00 $ 440.00 A7 RIDE QUALITY ANALYSIS EA 2 $ 2,210.00 $ 4,420.00 $ 3,000.00 $ 6,000.00 A8 STORM WATER POLLUTION PREVENTION LS 1 $ 1,380.00 $ 1,380.00 $ 2,900.00 $ 2,900.00 A9 CONSTRUCTION EXITS(INSTALL)(TY 1) SY 200 $ 24.00 $ 4,800.00 $ 63.00 $ 12,600.00 A10 CONSTRUCTION EXITS(REMOVE) SY 200 $ 6.90 $ 1,380.00 $ 27.00 $ 5,400.00 All BIODEG EROSN CONT LOGS(INSTL)(12") LF 796 $ 4.40 $ 3,502.40 $ 9.00 $ 7,164.00 Al2 BIODEG EROSN CONT LOGS(REMOVE) LF 796 $ 1.10 $ 875.60 $ 7.00 $ 5,572.00 A13 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 A14 ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL $ 358,268.00 $ 505,876.00 PART B-STREET IMPROVEMENTS Bl ASPH(AC-15P,HFRS-2P OR CRS-2P) GAL 36260 $ 2.55 $ 92,463.00 $ 3.20 $ 116,032.00 B2 AGGR(TY-PB GR-4S OR TY-PB GR-4)(SAC-B) CY 887 $ 155.00 $ 137,485.00 $ 230.00 $ 204,010.00 B3 D-GR HMA TY-B SAC-B PG64-22 TON 17774 $ 95.00 $ 1,688,530.00 $ 112.50 $ 1,999,575.00 B4 D-GR HMA TY-D SAC-B PG70-22 TON 10258 $ 102.00 $ 1,046,316.00 $ 119.75 $ 1,228,395.50 B5 FLEXIBLE PAVEMENT STRUCTURE REPAIR(2.5") SY 14656 $ 17.00 $ 249,152.00 $ 35.00 $ 512,960.00 B6 PLANE ASPH CONC PAV(2") SY 92861 $ 2.10 $ 195,008.10 $ 3.00 $ 278,583.00 B7 PLANE ASPH CONC PAV(4") SY 80623 $ 2.85 $ 229,775.55 $ 5.50 $ 443,426.50 B8 ADJUSTING MANHOLES(STORM) EA 30 $ 1,940.00 $ 58,200.00 $ 3,500.00 $ 105,000.00 B9 ADJUST EXISTCURB INLET EA 39 $ 566.00 $ 22,074.00 $ 1,500.00 $ 58,500.00 Page 1 of 3 OCEAN DRIVE-ROBERT DR TO ENNIS JOSLIN RD HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20271 PO BOX 7692 401 CORN PRODUCTS RD RFB#3189 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND B10 SUPPORTASSEMBLY(SCH 80-TRIANGULAR SLIPBASE) EA 40 $ 546.00 $ 21,840.00 $ 570.00 $ 22,800.00 Bll REMOVE SM RD SN SUP&AM EA 22 $ 83.00 $ 1,826.00 $ 86.00 $ 1,892.00 B12 REFL PAV MRK TY I(W)4"(BRK)(90 MIL) LF 5565 $ 0.55 $ 3,060.75 $ 0.55 $ 3,060.75 B13 JREFL PAV MRK TY I(W)4"(DOT)(90 MIL) LF 180 $ 0.85 $ 153.00 $ 0.85 $ 153.00 B14 JREFL PAV MRK TY I(W)4"(SLD)(90 MIL) LF 20260 $ 0.50 $ 10,130.00 $ 0.50 $ 10,130.00 B15 REFL PAV MRK TY I(W)8"(SLD)(90 MIL) LF 1480 $ 0.90 $ 1,332.00 $ 0.90 $ 1,332.00 B16 REFL PAV MRK TY I(W)12"(SLD)(90 MIL) LF 30 $ 2.20 $ 66.00 $ 2.30 $ 69.00 B17 REFL PAV MRK TY I(Y)4"(SLD)(90 MIL) LF 11805 $ 0.50 $ 5,902.50 $ 0.50 $ 5,902.50 B18 REFL PAV MRK TY I(Y)24"(SLD)(90 MIL) LF 20 $ 16.00 $ 320.00 $ 16.25 $ 325.00 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)24" B19 (SLD)(125 MIL) LF 564 $ 15.00 $ 8,460.00 $ 16.00 $ 9,024.00 REFL PAV MRKTYC HEATAPPL PREFAB THERMO(W) B20 (ARROW)(125 MIL) EA 7 $ 221.00 $ 1,547.00 $ 230.00 $ 1,610.00 REFL PAV MRKTYC HEATAPPL PREFABTHERMO(W) B21 (WORD)(125 MIL) EA 6 $ 276.00 $ 1,656.00 $ 290.00 $ 1,740.00 REFL PAV MRKTYC HEATAPPL PREFAB THERMO(W)(BIKE B22 ARW)(125 MIL) EA 18 $ 105.00 $ 1,890.00 $ 110.00 $ 1,980.00 REFL PAV MRKTYC HEATAPPL PREFAB THERMO(W)(BIKE B23 SYM)(125 MIL) EA 18 $ 204.00 $ 3,672.00 $ 210.00 $ 3,780.00 REFL PAV MRKTYC HEATAPPLIED PREFAB PREFORM B24 THERMO(W)(SHARED LN MARKING)(125 MIL) EA 4 $ 276.00 $ 1,104.00 $ 290.00 $ 1,160.00 B25 REFL PAV MRKR TY II-A-A EA 8 $ 11.00 $ 88.00 $ 11.50 $ 92.00 B26 REFL PAV MRKR TY II-C-R EA 360 $ 4.40 $ 1,584.00 $ 4.60 $ 1,656.00 B27 REFL PAV MRKR TY II-B-B EA 40 $ 8.80 $ 352.00 $ 9.20 $ 368.00 B28 PORTABLE CHANGEABLE MESSAGE SIGN DAY 200 $ 72.00 $ 14,400.00 $ 300.00 $ 60,000.00 ALLOWANCE FOR UNANTICIPATED STREET B29 IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 B30 PRIME COAT(SS-1H) GAL 16583 $ 2.15 $ 35,653.45 2.6 $ 43,115.80 SUBTOTAL PART B-STREET IMPROVEMENTS $ 3,859,040.35 $ 5,141,672.05 PART E-DRAINAGE IMPROVEMENTS El REMOVE CONC(CURB&GUTTER) LF 220 $ 13.00 $ 2,860.00 28 $ 6,160.00 E2 6"CURB&GUTTER LF 220 $ 68.00 1 $ 14,960.00 1 80 $ 17,600.00 Page 2 of 3 OCEAN DRIVE-ROBERT DR TO ENNIS JOSLIN RD HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20271 PO BOX 7692 401 CORN PRODUCTS RD RFB#3189 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT E3 BACKFILL CY 10 $ 203.00 $ 2,030.00 310 $ 3,100.00 ALLOWANCE FOR UNANTICIPATED DRAINAGE E4 IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS $ 29,850.00 $ 36,860.00 PART F-WATER IMPROVEMENTS F1 ADJUST EXIST WATER VALVE EA 61 $ 1,010.00 $ 61,610.00 1500 $ 91,500.00 ALLOWANCE FOR UNANTICIPATED WATER F2 IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS $ 66,610.00 $ 96,500.00 PART G-WASTEWATER IMPROVEMENTS $ - G1 ADJUSTING MANHOLES(WASTEWATER) EA 32 $ 2,530.00 $ 80,960.00 4500 $ 144,000.00 ALLOWANCE FOR UNANTICIPATED WASTEWATER G2 IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART G-WASTEWATER IMPR $ 85,960.00 $ 149,000.00 TOTAL BASE BID-(PARTS A,B,E,F and G) I I $ 4,399,728.35 $ 5,929,908.05 Page 3 of 3 TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:Wed., August 12,2020 OCEAN DRIVE-LOUISIANA AVE TO ROBERT DR HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20272 PO BOX 7692 401 CORN PRODUCTS RD RFB#3190 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT PART A-GENERAL Al MOBILIZATION LS 1 $ 300,000.00 $ 300,000.00 $ 44,200.00 $ 44,200.00 A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE AL 1 $ 33,000.00 $ 33,000.00 $ 45,000.00 $ 45,000.00 A3 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 10 $ 5,000.00 $ 50,000.00 $ 37,400.00 $ 374,000.00 A4 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION LS 1 $ 150,000.00 $ 150,000.00 $ 50,000.00 $ 50,000.00 AS ITRAFFIC CONTROL PLAN AT INTERSECTION EA 3 $ 5,000.00 $ 15,000.00 $ 5,400.00 $ 16,200.00 A6 OZONE DAYS DAY 4 $ 2,210.00 $ 8,840.00 $ 120.00 $ 480.00 A7 RIDE QUALITY ANALYSIS EA 2 $ 1,940.00 $ 3,880.00 $ 3,000.00 $ 6,000.00 A8 STORM WATER POLLUTION PREVENTION LS 1 $ 1,380.00 $ 1,380.00 $ 2,400.00 $ 2,400.00 A9 CONSTRUCTION EXITS(INSTALL)(TY 1) SY 200 $ 20.00 $ 4,000.00 $ 64.00 $ 12,800.00 A10 CONSTRUCTION EXITS(REMOVE) SY 200 $ 5.00 $ 1,000.00 $ 27.00 $ 5,400.00 All BIODEG EROSN CONT LOGS(INSTL)(12") LF 944 $ 4.45 $ 4,200.80 $ 9.00 $ 8,496.00 Al2 BIODEG EROSN CONT LOGS(REMOVE) LF 944 $ 1.10 $ 1,038.40 $ 7.00 $ 6,608.00 A13 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 A14 ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL $ 592,339.20 $ 591,584.00 PART B-STREET IMPROVEMENTS Bl ASPH(AC-15P,HFRS-2P OR CRS-2P) GAL 50174 $ 2.55 $ 127,943.70 $ 3.10 $ 155,539.40 B2 AGGR(TY-PB GR-4S OR TY-PB GR-4)(SAC-B) CY 1220 $ 148.00 $ 180,560.00 $ 208.00 $ 253,760.00 B3 D-GR HMA TY-B SAC-B PG64-22 TON 24209 $ 95.00 $ 2,299,855.00 $ 99.00 $ 2,396,691.00 B4 D-GR HMA TY-D SAC-B PG70-22 TON 14191 $ 101.00 $ 1,433,291.00 $ 111.00 $ 1,575,201.00 B5 FLEXIBLE PAVEMENT STRUCTURE REPAIR(2.5") SY 20563 $ 18.00 $ 370,134.00 $ 35.00 $ 719,705.00 B6 PLANE ASPH CONC PAV(2") SY 128518 $ 2.00 $ 257,036.00 $ 2.80 $ 359,850.40 B7 PLANE ASPH CONC PAV(4") SY 109837 $ 2.85 $ 313,035.45 $ 5.20 $ 571,152.40 B8 REMOVE METAL BEAM GUARD FENCE LF 100 $ 11.00 $ 1,100.00 $ 21.00 $ 2,100.00 B9 REMOVE TERMINAL ANCHOR SECTION EA 1 $ 276.00 $ 276.00 $ 2,100.00 $ 2,100.00 B10 ADJUSTING MANHOLES(STORM) EA 26 $ 1,980.00 $ 51,480.00 $ 3,600.00 $ 93,600.00 Page 1 of 3 OCEAN DRIVE-LOUISIANA AVE TO ROBERT DR HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20272 PO BOX 7692 401 CORN PRODUCTS RD RFB#3190 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT Bll ADJUST EXISTCURB INLET EA 55 $ 563.00 $ 30,965.00 $ 1,500.00 $ 82,500.00 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND B12 SUPPORTASSEMBLY(SCH 80-TRIANGULAR SLIPBASE) EA 62 $ 544.00 $ 33,728.00 $ 570.00 $ 35,340.00 B13 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN ONLY EA 3 $ 178.00 $ 534.00 $ 190.00 $ 570.00 614 I REMOVE SM RD SN SUP&AM EA 48 $ 78.00 $ 3,744.00 $ 81.00 $ 3,888.00 B15 REMOVE SM RD SN SUP&AM(SIGN ONLY) EA 8 $ 56.00 $ 448.00 $ 58.00 $ 464.00 B16 REFL PAV MRK TY I(W)4"(BRK)(90 MIL) LF 7510 $ 0.40 $ 3,004.00 $ 0.40 $ 3,004.00 B17 REFL PAV MRK TY I(W)4"(DOT)(90 MIL) LF 80 $ 1.10 $ 88.00 $ 1.25 $ 100.00 B18 REFL PAV MRK TY I(W)4"(SLD)(90 MIL) LF 27750 $ 0.40 $ 11,100.00 $ 0.45 $ 12,487.50 B19 REFL PAV MRK TY I(W)8"(SLD)(90 MIL) LF 1285 $ 0.85 $ 1,092.25 $ 0.90 $ 1,156.50 620 IREFL PAV MRK TY I(W)12"(SLD)(90 MIL) LF 110 $ 2.20 $ 242.00 $ 2.30 $ 253.00 B21 REFL PAV MRK TY I(Y)4"(SLD)(90 MIL) LF 21280 $ 0.40 $ 8,512.00 $ 0.40 $ 8,512.00 B22 REFL PAV MRK TY I(Y)24"(SLD)(90 MIL) LF 20 $ 16.00 $ 320.00 $ 16.50 $ 330.00 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)24" B23 (SLD)(125 MIL) LF 702 $ 16.00 $ 11,232.00 $ 16.25 $ 11,407.50 REFL PAV MRKTYC HEATAPPL PREFAB THERMO(W) 624 (ARROW)(125 MIL) EA 12 $ 194.00 $ 2,328.00 $ 200.00 $ 2,400.00 REFL PAV MRK TY C HEATAPPL PREFAB THERMO(W) B25 (WORD)(125 MIL) EA 10 $ 278.00 $ 2,780.00 $ 290.00 $ 2,900.00 REFL PAV MRKTYC HEATAPPL PREFABTHERMO(W)18" B26 (YLD TRI)(125 MIL) EA 9 $ 22.00 $ 198.00 $ 23.00 $ 207.00 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(BIKE 627 ARW)(125 MIL) EA 25 $ 94.00 $ 2,350.00 $ 99.00 $ 2,475.00 REFL PAV MRKTYC HEATAPPL PREFAB THERMO(W)(BIKE B28 SYM)(125 MIL) EA 25 $ 206.00 $ 5,150.00 $ 210.00 $ 5,250.00 REFL PAV MRKTYC HEATAPPLIED PREFAB PREFORM B29 THERMO(W)(SHARED LN MARKING)(125 MIL) EA 2 $ 278.00 $ 556.00 $ 290.00 $ 580.00 B30 REFL PAV MRKR TY II-A-A EA 14 $ 4.45 $ 62.30 $ 4.50 $ 63.00 631 REFL PAV MRKR TY II-C-R EA 447 $ 3.35 $ 1,497.45 $ 3.00 $ 1,341.00 B32 REFL PAV MRKR TY II-B-B EA 54 $ 4.45 $ 240.30 $ 4.50 $ 243.00 B33 PORTABLE CHANGEABLE MESSAGE SIGN DAY 200 $ 72.00 $ 14,400.00 $ 309.00 $ 61,800.00 ALLOWANCE FOR UNANTICIPATED STREET B34 IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Page 2 of 3 OCEAN DRIVE-LOUISIANA AVE TO ROBERT DR HAAS-ANDERSON CONSTR LTD BAY LTD PROJECT NO 20272 PO BOX 7692 401 CORN PRODUCTS RD RFB#3190 CC,TX 78467 CC,TX 78409 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT B35 PRIMECOAT(SS-1H) GAL 23568 $ 2.15 $ 50,671.20 $ 2.70 $ 63,633.60 SUBTOTAL PART B-STREET IMPROVEMENTS $ 5,244,953.65 $ 6,455,604.30 PART E-DRAINAGE IMPROVEMENTS E1 REMOVE CONC(CURB&GUTTER) LF 1280 $ 15.00 $ 19,200.00 22 $ 28,160.00 E2 6"CURB&GUTTER LF 1280 $ 64.00 $ 81,920.00 77 $ 98,560.00 E3 BACKFILL CY 51 $ 180.00 $ 9,180.00 91 $ 4,641.00 ALLOWANCE FOR UNANTICIPATED DRAINAGE E4 IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS $ 120,300.00 $ 141,361.00 PART F-WATER IMPROVEMENTS F1 ADJUST EXIST WATER VALVE EA 41 $ 1,030.00 $ 42,230.00 2000 $ 82,000.00 ALLOWANCE FOR UNANTICIPATED WATER F2 IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS $ 47,230.00 $ 87,000.00 PART G-WASTEWATER IMPROVEMENTS $ - G1 ADJUSTING MANHOLES(WASTEWATER) EA 28 $ 2,570.00 $ 71,960.00 4600 $ 128,800.00 ALLOWANCE FOR UNANTICIPATED WASTEWATER G2 IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART G-WASTEWATER IMPR $ 76,960.00 $ 133,800.00 TOTAL BASE BID-(PARTS A,B,E,F and G) $ 6,081,782.85 $ 7,409,349.30jl Page 3 of 3 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT ,1 OCEAN DRIVE - ROBERT DR TO ENNIS JOSLIN RD PROJ. NO. 20271 CONTRACT NO. 3189 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 1020 Ocean Robert to E Joslin 20271 SC 0 � N U yea na o n n+�� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Haas-Anderson Construction, Ltd (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Ocean Drive—From Robert Drive to Ennis Joslin Rd Prosect Number 20271 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Public Works Department 2525 Hygeia Street Corpus Christi, TX 78415 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi, TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 240 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 270 days after the date when the Contract Times commence to run. Agreement 005223- 1 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,100 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner 400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 4,399,728.35 Agreement 005223- 2 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Haas-Anderson Construction LTD (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief PO Box 7692 Financial Officer Address Corpus Christi, TX 78467 City State Zip 361/853-2535 Phone Fax dcullen@hags-anderson.com EMail END OF SECTION Agreement 005223-6 Ocean Drive—From Robert Drive to Ennis Joslin Rd Rev 7/2020 00 30 01 BID FORM Project Ocean Dr.-Phase 2B(Robert Dr.to Ennis Joslin) Name: Project 20271 Number: Owner: City of Corpus Christi OAR: I City of Corpus Christi, Public Works Design r:JConnie Garcia,P.E.-City of Corpus Christi,Public Works By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price.. Bidder: Haas-Anderson Construction, Ltd. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: (printed name of person signing Bid Form) Title: reside ads-Anderson Management L.C. (title of person signing Bid Form) era rt Attest: (signature) State of Residency: &9.5 Federal Tx ID No. r Address for Notices: 1 P ()it l lS Phone: )-9�3—a-5'3� Email: C/e—K .� 511��rfJYJ PTE or 7�% 1411 00 % A0 10, A jA i (FS+ •• fiNSE�•��s Bid Form 003001-Page 1 of 3 Ocean Dr.-Phase 2B(Robert to Ennis Joslin)-Project No.20271 Rev 8/2019 00 30 01 BID FORM Basis of Bid ItemT DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION LS 1 $203,000.00 $ 203,000.00 A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE AL 1 $ 25,000.00 $ 25,000.00 A3 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 8 $ 2,950.00 $ 23,600.00 A4 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION LS 1 $ 51,000.00 $ 51,000.00 A5 TRAFFIC CONTROL PLAN AT INTERSECTION EA 3 $ 3,490.00 $ 10,470.00 A6 OZONE DAYS DAY 4 $ 2,210.00 $ 8,840.00 A7 RIDE QUALITY ANALYSIS EA 2 $ 2,210.00 $ 4,420.00 A8 STORM WATER POLLUTION PREVENTION LS 1 $ 1,380.00 $ 1,380.00 A9 CONSTRUCTION EXITS(INSTALL)(TY 1) SY 200 $ 24.00 $ 4,800.00 A10 CONSTRUCTION EXITS(REMOVE) SY 200 $ 6.90 $ 1,380.00 All BIODEG EROSN CONT LOGS(INSTL)(12") LF 796 $ 4.40 $ 3,502.40 Al2 BIODEG EROSN CONT LOGS(REMOVE) LF 796 $ 1.10 $ 875.60 A13 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 $ 10,000.00 $ 10,000.00 A14 ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL(Items Al thru A34) $ 358,268.00 Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 ASPH(AC-15P,HFRS-2P OR CRS-2P) GAL 36260 $ 2.55 $ 92,463.00 B2 AGGR(TY-PB GR-4S OR TY-PB GR-4)(SAC-B) CY 887 $ 155.00 $ 137,485.00 B3 D-GR HMA TY-B SAC-B PG64-22 TON 17774 $ 95.00 $ 1,688,530.00 B4 D-GR HMA TY-D SAC-B PG70-22 TON 10258 $ 102.00 $ 1,046,316.00 B5 FLEXIBLE PAVEMENT STRUCTURE REPAIR(2") SY 14656 $ 17.00 $ 249,152.00 B6 PLANE ASPH CONC PAV(2") SY 92861 $ 2.10 $ 195,008.10 B7 PLANE ASPH CONC PAV(4") SY 80623 $ 2.85 $ 229,775.55 B8 ADJUSTING MANHOLES(STORM) EA 30 $ 1,940.00 $ 58,200.00 B9 ADJUST EXIST CURB INLET EA 39 $ 566.00 $ 22,074.00 B10 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND SUPPORT ASSEMBLY EA 40 $ 546.00 $ 21,840.00 (SCH 80-TRIANGULAR SLIPBASE) Bll REMOVE SM RD SN SUP&AM EA 22 $ 83.00 $ 1,826.00 B12 REFL PAV MRK TY I(W)4"(BRK)(90 MIL) LF 5565 $ 0.55 $ 3,060.75 B13 REFL PAV MRK TY I(W)4"(DOT)(90 MIL) LF 180 $ 0.85 $ 153.00 B14 REFL PAV MRK TY I(W)4"(SLD)(90 MIL) LF 20260 $ 0.50 $ 10,130.00 B15 REFL PAV MRK TY I(W)8"(SLD)(90 MIL) LF 1480 $ 0.90 $ 1,332.00 B16 REFL PAV MRK TY I(W)12"(SLD)(90 MIL) LF 30 $ 2.20 $ 66.00 B17 REFL PAV MRK TY I(Y)4"(SLD)(90 MIL) LF 11805 $ 0.50 $ 5,902.50 B18 REFL PAV MRK TY I(Y)24"(SLD)(90 MIL) LF 20 $ 16.00 $ 320.00 B19 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)24"(SLD)(125 MIL) LF 564 $ 15.00 $ 8,460.00 B20 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(ARROW)(125 MIL) EA 7 $ 221.00 $ 1,547.00 B21 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(WORD)(125 MIL) EA 6 $ 276.00 $ 1,656.00 B22 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(BIKE ARW)(125 MIL) EA 18 $ 105.00 $ 1,890.00 B23 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(BIKE SYM)(125 MIL) EA 18 $ 204.00 $ 3,672.00 B24 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORM THERMO(W)(SHARED EA 4 $ 276.00 $ 1,104.00 LN MARKING)(125 MIL) B25 REFL PAV MRKR TY II-A-A EA 8 $ 11.00 $ 88.00 B26 REFL PAV MRKR TY II-C-R EA 360 $ 4.40 $ 1,584.00 B27 REFL PAV MRKR TY II-B-B EA 40 $ 8.80 $ 352.00 B28 PORTABLE CHANGEABLE MESSAGE SIGN DAY 200 $ 72.00 $ 14,400.00 Bid Form 00 30 01-Page 2 of 3 Ocean Dr.-Phase 2B (Robert to Ennis Joslin)-Project No.20271 Rev 8/2019 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B29 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 B30 PRIME COAT(SS-1H) GAL 16583 $ 2.15 $ 35,653.45 SUBTOTAL PART B-STREET IMPROVEMENTS(Items Bl thru B31) $ 3,859,040.35 Part E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 REMOVE CONC(CURB&GUTTER) LF 220 $ 13.00 $ 2,860.00 E2 6"CURB &GUTTER LF 220 $ 68.00 $ 14,960.00 E3 BACKFILL CY 10 $ 203.00 $ 2,030.00 E4 ALLOWANCE FOR UNANTICIPATED DRAINAGE IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(Items E1 thru E4) $ 29,850.00 Part F-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 ADJUST EXIST WATER VALVE I EA 1 61 $ 1,010.00 $ 61,610.00 F2 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS I AL 1 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS(Items Fl THRU F2) $ 66,610.00 Part G-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 ADJUSTING MANHOLES(WASTEWATER) EA 32 $ 2,530.00 $ 80,960.00 G2 JALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS I AL 1 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(Items G1 THRU G2) $ 85,960.00 TOTAL PROJECT BASE BID(PARTS A,B,E,F,and G) $ 4,399,728.35 Bid Form 00 30 01-Page 3 of 3 Ocean Dr.-Phase 2B (Robert to Ennis Joslin)-Project No.20271 Rev 8/2019 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r OCEAN DRIVE - LOUISIANA AVE TO ROBERT DR P ROJ. NO. 20272 CONTRACT NO. 3190 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 1020 Ocean Louisiana to Robert 20272 SC 0 � N U yea na o n n+�� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Haas-Anderson Construction, Ltd (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Ocean Drive—From Louisiana Avenue to Robert Drive Prosect Number 20272 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Public Works Department 2525 Hygeia Street Corpus Christi, TX 78415 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi, TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. Agreement 005223- 1 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones,and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,100 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner 400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 6,081,782.85 Agreement 005223- 2 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 005223-3 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 005223-4 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Haas-Anderson Construction LTD (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief PO Box 7692 Financial Officer Address Corpus Christi, TX 78467 City State Zip 361/853-2535 Phone Fax dcullen@hags-anderson.com EMail END OF SECTION Agreement 005223-6 Ocean Drive—From Louisiana Avenue to Robert Drive Rev 7/2020 00 30 01 BID FORM Project Ocean Dr.-Phase 2A(Louisiana Ave.to Robert Dr.) Name: Project 20272 Number: Owner: City of Corpus Christi OAR: City of Corpus Christi,Public Works Desi ner:JConnie Garcia, P.E.-City of Corpus Christi,Public Works By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Haas-Anderson Construction, Ltd. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: -o , (printed name of person signing Bid Form) Title: FresideK Haas-Anderson Management t.C., (title of person signing Bid Form) ,kimral , "r Attest: (Af (signature) State of Residency: Q� Federal Tx ID No. I L Address for Notices: �Y `o torn_4, Phone: J Email: �e �� 4'�l i�f yt 4—a1�'1 OP CON HIE� RUTH.. GARC �0-P- � 111411• I A✓ 4 i 0 1�k�OMA L0% e va� Bid Form 00 30 01-Page 1 of 3 Ocean Dr.-Phase 2A(Louisiana to Robert)-Project No.20272 Rev 8/2019 00 30 01 BID FORM Basis of Bid ItemT DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al MOBILIZATION LS 1 $ 300,000.00 $ 300,000.00 A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE AL 1 $ 33,000.00 $ 33,000.00 A3 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 10 $ 5,000.00 $ 50,000.00 A4 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION LS 1 $ 150,000.00 $ 150,000.00 A5 TRAFFIC CONTROL PLAN AT SIGNALIZED INTERSECTION EA 3 $ 5,000.00 $ 15,000.00 A6 OZONE DAYS DAY 4 $ 2,210.00 $ 8,840.00 A7 RIDE QUALITY ANALYSIS EA 2 $ 1,940.00 $ 3,880.00 A8 STORM WATER POLLUTION PREVENTION LS 1 $ 1,380.00 $ 1,380.00 A9 CONSTRUCTION EXITS(INSTALL)(TY 1) SY 200 $ 20.00 $ 4,000.00 A10 CONSTRUCTION EXITS(REMOVE) SY 200 $ 5.00 $ 1,000.00 All BIODEG EROSN CONT LOGS(INSTL)(12") LF 944 $ 4.45 $ 4,200.80 Al2 BIODEG EROSN CONT LOGS(REMOVE) LF 944 $ 1.10 $ 1,038.40 A13 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 $ 10,000.00 $ 10,000.00 A14 JALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART A-GENERAL(Items Al thru A14) $ 592,339.20 Part B-STREET IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 ASPH(AC-15P,HFRS-2P OR CRS-2P) GAL 50174 $ 2.55 $ 127,943.70 B2 AGGR(TY-PB GR-4S OR TY-PB GR-4)(SAC-B) CY 1220 $ 148.00 $ 180,560.00 B3 D-GR HMATY-B SAC-B PG64-22 TON 24209 $ 95.00 $ 2,299,855.00 B4 D-GR HMATY-D SAC-B PG70-22 TON 14191 $ 101.00 $ 1,433,291.00 85 FLEXIBLE PAVEMENT STRUCTURE REPAIR(2") SY 20563 $ 18.00 $ 370,134.00 B6 PLANE ASPH CONC PAV(2") SY 128518 $ 2.00 $ 257,036.00 B7 PLANE ASPH CONC PAV(4") SY 109837 $ 2.85 $ 313,035.45 B8 REMOVE METAL BEAM GUARD FENCE LF 100 $ 11.00 $ 1,100.00 B9 REMOVE TERMINAL ANCHOR SECTION EA 1 $ 276.00 $ 276.00 B10 ADJUSTING MANHOLES(STORM) EA 26 $ 1,980.00 $ 51,480.00 Bll ADJUST EXIST CURB INLET EA 55 $ 563.00 $ 30,965.00 B12 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND SUPPORT ASSEMBLY EA 62 $ 544.00 $ 33,728.00 (SCH 80-TRIANGULAR SLIPBASE) B13 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN ONLY EA 3 $ 178.00 $ 534.00 B14 REMOVE SM RD SN SUP&AM EA 48 $ 78.00 $ 3,744.00 B15 REMOVE SM RD SN SUP&AM(SIGN ONLY) EA 8 $ 56.00 $ 448.00 B16 REFL PAV MRKTY I(W)4"(BRK)(90 MIL) LF 7510 $ 0.40 $ 3,004.00 B17 REFL PAV MRK TY I(W)4"(DOT)(90 MIL) LF 80 $ 1.10 $ 88.00 B18 REFL PAV MRK TY I(W)4"(SLD)(90 MIL) LF 27750 $ 0.40 $ 11,100.00 B19 REFL PAV MRK TY I(W)8"(SLD)(90 MIL) LF 1285 $ 0.85 $ 1,092.25 B20 REFL PAV MRK TY I(W)12"(SLD)(90 MIL) LF 110 $ 2.20 $ 242.00 B21 REFL PAV MRK TY I(Y)4" (SLD)(90 MIL) LF 21280 $ 0.40 $ 8,512.00 B22 REFL PAV MRK TY I(Y)24"(SLD)(90 MIL) LF 20 $ 16.00 $ 320.00 B23 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)24"(SLD)(125 MIL) LF 702 $ 16.00 $ 11,232.00 B24 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(ARROW)(125 MIL) EA 12 $ 194.00 $ 2,328.00 B25 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(WORD)(125 MIL) EA 10 $ 278.00 $ 2,780.00 B26 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)18"(YLD TRI)(125 MIL) EA 9 $ 22.00 $ 198.00 B27 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(BIKE ARW)(125 MIL) EA 25 $ 94.00 $ 2,350.00 B28 REFL PAV MRK TY C HEAT APPL PREFAB THERMO(W)(BIKE SYM)(125 MIL) EA 25 $ 206.00 $ 5,150.00 B29 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORM THERMO(W)(SHARED EA 2 $ 278.00 $ 556.00 LN MARKING)(125 MIL) B30 REFL PAV MRKR TY II-A-A EA 14 $ 4.45 $ 62.30 Bid Form 00 30 01-Page 2 of 3 Ocean Dr.-Phase 2A(Louisiana to Robert)-Project No.20272 Rev 8/2019 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT B31 REFL PAV MRKR TY II-C-R EA 447 $ 3.35 $ 1,497.45 B32 REFL PAV MRKR TY II-B-B EA 54 $ 4.45 $ 240.30 B33 PORTABLE CHANGEABLE MESSAGE SIGN DAY 200 $ 72.00 $ 14,400.00 B34 JALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 $ 25,000.00 $ 25,000.00 B35 I PRIME COAT(SS-1H) GAL 23568 $ 2.15 $ 50,671.20 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B31) $ 5,244,953.65 Part E-DRAINAGE IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) E1 REMOVE CONC(CURB&GUTTER) LF 1280 $ 15.00 $ 19,200.00 E2 6"CURB &GUTTER LF 1280 $ 64.00 $ 81,920.00 E3 BACKFILL CY 51 $ 180.00 $ 9,180.00 E4 ALLOWANCE FOR UNANTICIPATED DRAINAGE IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(E1 THRU E4) $ 120,300.00 Part F-WATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) F1 ADJUST EXIST WATER VALVE EA 41 $ 1,030.00 $ 42,230.00 F2 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART F-WATER IMPROVEMENTS(F1 THRU F2) $ 47,230.00 Part G-WASTEWATER IMPROVEMENTS(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) G1 ADJUSTING MANHOLES(WASTEWATER) EA 28 1 $ 2,570.00-1 $ 71,960.00 G2 ]ALLOWANCE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 $ 5,000.00 $ 5,000.00 SUBTOTAL PART G-WASTEWATER IMPROVEMENTS(G1 THRU G2) $ 76,960.00 TOTAL PROJECT BASE BID(PARTS A,B,E,F,and G) $ 6,081,782.85 Bid Form 00 30 01-Page 3 of 3 Ocean Dr.-Phase 2A(Louisiana to Robert)-Project No.20272 Rev 8/2019 AWL Ocean Drive Construction Award City Council Presentation September 8, 2020 Background ti _r • Project contractor Haas-Anderson Construction, Ltd. • Project Bid $10,481 ,511 • Ocean Drive: Louisiana to Robert & Robert to Ennis Joslin • Mill & Overlay, full-depth pavement repairs, & pavement markings/bike lanes • In conjunction with 2019 SPMP; from IH 37 to William Project Limits NPP�E COLE PARK scuE:xi.s Nr.s CORPUS CHRISTI BAY CORPUS CHRISTI BAY PROJECT LOCATION � SWANTNER PARK PROJECT LOCATION tea. °y o� AERIAL MAP AERIAL MAP Project Number.20272 Project Number:20271 OCEAN DRIVE CITY COUNCIL EXHIBIT � (ROBERT DRIVE DRIVE CITY COUNCIL EXHIBIT (LOUISIANA AVENUE TO ROBERT DRIVE) VE TO ENNIS JOSLIN ROAD) Current Pavement Conditions �!A P� Project Dates • 8/12/2020 Bid Opening • 8/25/2020 1St Reading • 9/8/2020 2nd Reading • 9/15/2020 Notice of Award • 10/6/2020 Notice to Proceed • 10/6/2020 Pre-construction Meeting • 10/12/2020 Construction begins. Time charges begin. • TBD Groundbreaking (October) so �o o� A PH v AGENDA MEMORANDUM First Reading for the City Council Meeting August 25, 2020 "`1"852g9 Second Reading for the City Council Meeting September 8, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Park and Recreation TracevCOcctexas.com 361-826-3042 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com 361-826-3169 Material and Installation of Artificial Turf for Splash Pads CAPTION: Ordinance authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three- month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25; appropriating funds from the unreserved fund balance of the Community Enrichment Fund; and amending the budget. SUMMARY: This item authorizes the purchase of artificial turf materials and a three-month service agreement for the installation of the artificial turf for splash pads and at three City parks through the BuyBoard Cooperative. BACKGROUND AND FINDINGS: The Parks and Recreation Department completed construction on June 19, 2020 on three new splash pads located at Lindale Park, Salinas Park, and Bill Witt Park. The splash pads have upgraded the park user experience and have been a huge hit with the public. Each splash pad provides 2,000 square feet of play area for children and two 18' x 17' concrete pads with a shade structure and seating for parents. During the successful soft openings staff monitored the users experience and recommend that the play area be extended beyond 2,000 square feet to improve safety. The ground areas beyond the concrete splash pad boundaries are of natural dirt. With continued use of the splash pad throughout the day, the dirt in the surrounding area eventually turns to mud. The mud is tracked onto the sidewalks, seating areas, and the splash pad play areas by park visitors where it makes its way down the drains and into the filtering system. As a result, the mud is causing excess maintenance to the splash pad filtration system which is not only hard on the equipment, but requires excess manhours of maintenance from staff having to backflush the system more frequently. Additionally, the mud is causing excess wear and tear on the mechanical system which could result in premature failure. Beyond the maintenance, the dirt/mud does not meet the standards for providing a great park user experience and is not aesthetic to the park grounds. The resolution calls for seed and fertilization of all dirt areas but this will not provide an immediate solution. City staff recommends the best course of action and an immediate solution to the mud issue, is to install artificial turf around the perimeter of the splash pad. Staff conducted a site visit with The Playwell Group who provided ideas to enhance the user experience at each splash pad location. Artificial turf installation is a quick and long-term, low maintenance solution that would provide an upgraded experience for park users by allowing them to bring blankets, folding chairs, and canopies without having to worry of ants, sticker burs, and other issues that a traditional South Texas lawn brings. Traditional sod installation would be a more inexpensive short-term solution, but the artificial turf installation would reduce department maintenance costs as the areas will no longer need to be mowed, trimmed, irrigated, and fertilized by maintenance staff. There is also a possibility that the runoff and overspray of the chlorinated water from the splash pad system could kill natural grass. The Playwell Group holds a BuyBoard cooperative contract and would also provide installation services so bids will not be necessary. This will help expedite the project and add value to the splash pads by improving the aesthetics and overall user experience. The Playwell Group is reputable and provided similar services to the City such as installing the artificial turf grass at the Oso Preserve Learning Center playground. The artificial turf has a life span of 12-15 years and comes with a one year installation warranty and 10 year material warranty. The artificial turf will be installed atop compacted limestone to allow for appropriate drainage. The installation of the artificial turf will run concurrently at the three splash pads. The splash pads will be closed for the season after October 1 , 2020 so interference of splashpad use will be minimal. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Local and State procurement requirements. ALTERNATIVES: Install traditional grass sod or allow the grass seed to grow. Staff does not recommend these options are they require a significant amount of irrigation and maintenance that will be required due to trying to establish grass during the summer season. City staff recommends artificial turf as a long-term solution. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of$165,529.25 with funding available from the Community Enrichment Fund. The Community Enrichment Fund has an amended budget of $6,533,317.49. To date there are expenditures of $1,430,352.17, encumbrances and commitments of 1 ,356,533.34, and an unencumbered balance of $3,746,431 .98. Upcoming major projects include Bill Witt Park, Cole Park Pier, and Oso Creek Hike and Bike Trail. Funding Detail: Fund: 4720 Community Enrichment Organization/Activity: 21300 Park Acg or Devel-U n restricted Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $54.393.23 Fund: 4720 Community Enrichment Organization/Activity: 21334 Brookdale Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $46,806.05 Fund: 4720 Community Enrichment Organization/Activity: 21421 Royal Creek Estates, Unit 1 Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $7,153.97 Fund: 4720 Community Enrichment Organization/Activity: 21374 Crossgate Linear Park Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $15,879.96 Fund: 4720 Community Enrichment Organization/Activity: 21319 The Coves At Lago Vista Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $40,046.04 Fund: 4720 Community Enrichment Organization/Activity: 21313 5 Barcelona Estates Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements other than Bldg Cost: $1 ,250.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. and a three-month service agreement for installation with PlayWorks, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Oso Preserve Pictures for examples of turf Planned layouts for Bill Witt, Lindale, and Salinas Splash Pads Page 1 of 2 Ordinance authorizing the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three-month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25; appropriating funds from the unreserved fund balance of the Community Enrichment Fund; and amending the budget. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the purchase of artificial turf materials from The PlayWell Group, Inc. of Boerne, TX, for a total amount not to exceed $72,212.43 and a three-month service agreement for installation with PlayWorks Inc. of Boerne, TX, for a total amount not to exceed $93,316.82 for materials and installation of artificial turf for splash pads at three City parks, for a total amount not to exceed $165,529.25. SECTION 3. That funds in the amount of $165,529.25 are appropriated from the unreserved fund balance in the No. 4720 Community Enrichment Fund for the purchase of artificial turf materials from The PlayWell Group, Inc. and a three-month service agreement for installation with PlayWorks Inc. for materials and installation of artificial turf for splash pads at three City parks. 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. 4720 Community Enrichment Fund for the purchase of artificial turf materials from The PlayWell Group, Inc. and a three-month service agreement for installation with PlayWorks Inc. for materials and installation of artificial turf for splash pads at three City parks. Page 2 of 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 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 City of Corpus Christi Contracts and Procurement Price Sheet Senior Buyer: Cindy Ramos Materials and Installation of Artificial Turf for Splash Pads Materials The PlayWell Group, Inc. Item Description Qty UOM Unit Price Total Bill Witt Park _ Xgrass Dynamic Pro Plus 6540 EA $ 2.52 $ 16,480.80 Cut Fee 13 EA $ 35.63 $ 463.19 Envirofill12/20 245 EA $ 18.56 $ 4,547.20 Turf Claw 75 11 EA $ 282.35 $ 3,105.85 Red Stripe Seam Tape 750" 1 EA $ 282.35 $ 282.35 Geotextile Fabric 6'x300' 2 EA $ 119.40 $ 238.80 Flexithane 736 Standard 8 EA $ 182.31 $ 1 ,458.48 SBR-PIP Buffing 52 1 Lump Sum $ 24.61 $ 1 ,279.72 IShipping and Handling 1 Lump Sum $ 2,109.47 $ 2,109.47 TOTAL $ 29,965.86 Lindale Rec Ctr X rass Dynamic Pro Plus 3825 EA $ 2.52 $ 9,639.00 Cut Fee 11 EA $ 35.63 $ 391 .93 Envirofill12/20 154 EA $ 18.56 $ 2,858.24 Turf Claw 75 7 EA $ 346.89 $ 2,428.23 Red Stripe Seam Tape 200" 2 EA $ 121 .01 $ 242.02 Geotextile Fabric 6'x300' 2 EA $ 119.40 $ 238.80 Flexithane 736 Standard 1 EA $ 182.31 $ 182.31 SBR-PIP Buffing 7 Lump Sum $ 24.61 $ 172.27 IShipping and Handling 1 Lump Sum $ 2,505.84 $ 21505.84 TOTAL $ 18,658.64 Salinas Park X rass Dynamic Pro Plus 5400 EA $ 2.52 $ 13,608.00 Cut Fee 13 EA $ 35.63 $ 463.19 Envirofill12/20 182 EA $ 18.56 $ 3,377.92 Turf Claw 75 7 EA $ 346.89 $ 2,428.23 Red Stripe Seam Tape 200" 2 EA $ 121 .01 $ 242.02 Geotextile Fabric 6'x300' 2 EA $ 119.40 $ 238.80 Flexithane 736 Standard 4 EA $ 182.31 $ 729.24 SBR-PIP Buffing 26 Lump Sum $ 24.61 $ 639.86 IShipping and Handling 1 Lump Sum $ 1 ,860.67 1 $ 1 ,860.67 TOTALI $ 23,587.93 GRAND TOTAL $ 72,212.43 Page 1 of 2 Installation PlayWorks, Inc. Item Description Qty UOM Unit Price Total Bill Witt Park Site Excavation 2180 cu. ft. $ 1.25 $ 2,725.00 Installation of XGrass 6540 sq. ft. $ 2.15 $ 14,061.00 Installation of EnviroFill Green- Infill 1220 6540 sq. ft. $ 2.15 $ 14,061.00 Installation of SBR-PIP Buffing 6540 sq. ft. $ 2.15 $ 14,061.00 Installation of Turf Claw 6540 sq. ft. $ 2.15 $ 14,061.00 Discount 1 ea $ 24,604.89 $ 24,604.89 TOTAL $ 34,364.11 Lindale Rec Ctr Site Excavation 1275 cu. ft. $ 1.25 $ 1,593.75 Installation of XGrass 3825 sq. ft. $ 2.15 $ 8,223.75 Installation of EnviroFill Green- Infill 1220 3825 sq. ft. $ 2.15 $ 8,223.75 Installation of SBR-PIP Buffing 3825 sq. ft. $ 2.15 $ 8,223.75 Installation of Turf Claw 3825 sq. ft. $ 2.15 $ 8,223.75 Discount 1 ea $ 6,341.34 $ 6,341.34 TOTAL $ 28,147.41 Salinas Park Site Excavation 1800 cu. ft. $ 1.25 $ 2,250.00 Installation of XGrass 5400 sq. ft. $ 2.15 $ 11,610.00 Installation of EnviroFill Green- Infill 1220 5400 sq. ft. $ 2.15 $ 11,610.00 Installation of SBR-PIP Buffing 5400 sq. ft. $ 2.15 $ 11,610.00 Installation of Turf Claw 5400 sq. ft. $ 2.15 $ 11,610.00 Discount 1 ea $ 17,884.70 $ 17,884.70 TOTAL $ 30,805.30 GRAND TOTAL $ 93,316.82 Page 2 of 2 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC SUS C GO SERVICE AGREEMENT NO. 3193 U Materials and Installation of Artificial Turf for Splash Pads ,NOp POR Ff� xs52 THIS Materials and Installation for Artificial Turf of Splash PadsPads Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PlayWorks, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Materials and Installation of Artificial Turf for Splash Pads in response to Request for Bid/Proposal No. COOP BuyBoard 592-19 ("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 Materials and Installation of Artificial Turf for Splash Pads ("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 months, 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-month 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 $93,316.82, 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 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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: Jose Hernadez Department: Parks & Recreation Phone: 361-826-3986 Email: JoseHe@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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: Roberta Rodriguez Title: Contract/Funds Administrator Address: 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3166 Fax: 361-826-3864 IF TO CONTRACTOR: PlayWorks, Inc. Attn: James D. Robertson Title: Principal Address: 203A State Hwy 46, E, Boerne, TX 78006 Phone: 210-381-3467 Fax: 972-488-0642 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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 D.r.Signed by: SignatureD739B112A50C2472.. MGS 0. Reticy S&& . James D. Robertson Printed Name: Title: Principal Date:8/18/2020 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 l : RFB/RFP No. COOP BuyBoard 592-19 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information Contractor shall provide labor, equipment, and tools necessary to install a total of 9,700 square feet of artificial turf around the perimeter of the concrete splash pads for Bill Witt Park, Lindale Park and Salinas Park located in Corpus Christi, Tx. 2. Scope of Work A. Bill Witt Park - 6869 Yorktown Blvd - Contractor shall Install 4,085 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas. B. Lindale Park - 3133 Swantner St. - Contractor shall install 2,565 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas. C. Salinas Park- 1354 Airport Rd. - Contractor shall install 3,050 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas. D. Special Requirements 1 . Parks and Recreation shall be responsible for removing all organic material and organic debris for site preparation for aggregate base installation. 2. Contractor shall set and pack aggregate base. The area should be smooth and graded to allow for proper drainage. 3. Contractor shall fasten turf to pressure treated nailer boards using proper industry standard methods. 4. Contractor shall ensure turf is not installed over any ground level mechanical access covers leaving them inaccessible without damage to the artificial turf. 5. Contractor shall use proper industry standard methods to ensure all seams are properly connected and not visible. 6. Envirofill shall be added to turf to ensure product remains in place and increase life space of product. 7. Contractor shall provide a one-year warranty on installation. 8. Contractor shall schedule installations through the Contract Administrator. 9. Contractor shall install the artificial turf per manufacturer's instructions. 10.Contractor shall provide all labor and equipment to complete installation of the artificial turf. 11 .Contractor shall maintain a clean and safe worksite at all times. 12.Contractor shall clean worksite and haul excess dirt, debris, packaging, etc., during and upon completion of artificial turf installations. 13.Contractor shall be responsible for any damages to existing Playgrounds during the installation of artificial turf. Page 1 of 2 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 3. Insurance and Bonds Insurance will be required as outlined in the contract. Payment and Performance bonds will also be required for 100% of the construction amount of the project. Insurance and bonds must be maintained throughout the term of the contract. Page 2 of 2 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC r%i lir,i iivii.,v i J: BID/PRICING FORM www.playwellgroup.com INSTALLATION QUOTE PlayWor 800-726.1816 QUOTE# PlayWorks,Inc. 505-296.8900(fax) 8/14/2020 6674 Athletic,Park,and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 BILL TO: INSTALLATION SITE: City of Corpus Christi City of Corpus Christi Accounts Payable Bill Witt Park PO Box 9277 6869 Yorktown Boulevard Corpus Christi,TX 78469 Corpus Christi,TX 78414 Phone: (361)826-3475 Phone: (361)826-3483 CUST. PO# TERMS SALES REP COUNTY QUOTE EXPIRATION NET 30 JDR NUECES 9/13/2020 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUY#592-19 BUYBOARD CONTRACT#592-19 EXPIRES 09/30/2020 0.00 0.00 BILL WITT PARK-INSTALLED BY EXGRASS INSTALL XGRASS TURF REMOVAL&REPLACMENT OF XGRASS DYNAMIC 6,540 2.15 14,061.00 PRO PLUS(SQUARE FEET) INSTALL XGRASS SITE EXCAVATION(CUBIC YARD) 2,180 1.25 2,725.00 INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF ENFIROFILL 6,540 2.15 14,061.00 GREEN-INFILL(SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACMENT OF SBR-PIP BUFFING 6,540 2.15 14,061.00 (SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACMENT OF TURF CLAW 6,540 2.15 14,061.00 (SQUARE FEET) DISCOUNT DISCOUNT -24,604.89 -24,604.89 QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $34,364.11 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 203A STATE HIGHWAY 46 EAST Docusigned by: BOERNE, TX 78006 8/18/2020 h�awtc S Date Signature 7396112A5oc2472.,. Page 1 of 3 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC www.playwellgroup.com INSTALLATION QUOTE PlayWor 800-726.1816 QUOTE# PlayWorks,Inc. 505-296.8900(fax) 8/14/2020 6677 Athletic,Park,and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 BILL TO: INSTALLATION SITE: City of Corpus Christi City of Corpus Christi-Lindale Recreation Accounts Payable Jesse Balderaz PO Box 9277 3133 Swanter Drive Corpus Christi,TX 78469 Corpus Christi,TX 78404 Phone: (361)826-1936 Phone: (361)826-3483 CUST. PO# TERMS SALES REP COUNTY QUOTE EXPIRATION NET 30 JDR NUECES 9/13/2020 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUY#692-19 BUYBOARD CONTRACT#692-19 EXPIRES 09/30/2020 1 0.00 0.00 DELIVERED AND INSTALLED BY XGRASS INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF XGRASS DYNAMIC 3,826 2.16 8,223.76 PRO PLUS (SQUARE FEET) INSTALL XGRASS SITE EXCAVATION 1,276 1.26 1,693.76 (CUBIC YARD) INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF ENVIROFILL 3,826 2.16 8,223.76 GREEN-INFILL 1220 (SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF SBR-PIP BUFFING 3,826 2.16 8,223.76 (SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACMENT OF TURF CLAW 3,826 2.16 8,223.76 (SQUARE FEET) DISCOUNT DISCOUNT -6,341.34 -6,341.34 QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $28,147.41 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 203A STATE HIGHWAY 46 EAST BOERNE, TX 78006 Docusigned by: 8/18/2020 LtB-1-1 Date Signature �As4rzll7�_. Page 2 of 3 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC www.playwellgroup.com INSTALLATION QUOTE PlayWor 800-726.1816 QUOTE# PlayWorks,Inc. 505-296.8900(fax) 8/14/2020 6678 Athletic,Park,and Playground Equipment Serving Colorado,Texas,New Mexico,Oklahoma,and Arkansas since 1988 BILL TO: INSTALLATION SITE: City of Corpus Christi City of Corpus Christi-Salinas Park Accounts Payable Jesse Balderaz PO Box 9277 1354 Airport Boulevard Corpus Christi,TX 78469 Corpus Christi,TX 78405 Phone: (361)826-1936 Phone: (361)826-3483 CUST. PO# TERMS SALES REP COUNTY QUOTE EXPIRATION NET 30 JDR NUECES 9/13/2020 ITEM DESCRIPTION QTY LIST PRICE TOTAL BUY#592-19 BUYBOARD CONTRACT#592-19 EXPIRES 09/30/2020 1 0.00 0.00 INSTALLED AND DELIVERED BY XGRASS INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF XGRASS DYNAMIC 5,400 2.15 11,610.00 PRO PLUS(SQUARE FEET) INSTALL XGRASS SITE EXCAVATION(CUBIC YARDS) 1,800 1.25 2,250.00 INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF ENVIROFILL 5,400 2.15 11,610.00 GREEN-INFILL(SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF SBR-PIP BUFFING 5,400 2.15 11,610.00 (SQUARE FEET) INSTALL XGRASS TURF REMOVAL&REPLACEMENT OF TURF CLAW 5,400 2.15 11,610.00 (SQUARE FEET) DISCOUNT DISCOUNT -17,884.70 -17,884.70 QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written TOTAL $30,805.30 approvals and/or deposit. PLEASE REMIT PAYMENT TO: PLAYWORKS, INC. 203A STATE HIGHWAY 46 EAST oocusignea by: BOERNE, TX 78006 8/18/2020 1awtc Date Signature Page 3 of 3 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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:99707C08-9777-4561-99EC-CB67CCD083FC 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:99707C08-9777-4561-99EC-CB67CCD083FC 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 4-13 Contracts for General Services - Services Performed Onsite 04/26/2019 Risk Management - Legal Dept. BOND REQUIREMENTS: Payment and Performance bonds will also be required for 100% of the construction amount of the project. Insurance and bonds must be maintained throughout the term of the contract. Page 3 of 3 DocuSign Envelope ID:99707C08-9777-4561-99EC-CB67CCD083FC ATTACHMENT D: WARRANTY REQUIREMENTS 1 year- Workmanship Page 1 of 1 14-01 �w CORPUS CHRISTI PARKS& RECREATION Artificial Turf for Splash Pads Council Presentation September 8, 2020 Scope of Work - Bill Witt Park Install 4,085 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas shown on provided plans. ➢ Parks and Recreation will be responsible for removing all organic material and organic debris for site preparation for aggregate base installation. ➢ Contractor will provide aggregate base and set and pack aggregate base. The area should be smooth and graded to allow for proper drainage. ➢ Contractor will fasten turf to pressure treated nailer boards using proper industry standard methods. ➢ Contractor will ensure turf is not installed over any ground level mechanical access covers leaving them inaccessible without damage to the artificial turf. ➢ Contractor will use proper industry standard methods to ensure all seams are properly connected and not visible. ➢ Envirofill will be added to turf to ensure product remains in place and increase life space of product. ➢ Contractor is to provide a one-year warranty of the installation and applicable factory warranty on artificial turf. Splash Pad - Bill Witt Park CHRISTI PARK56 1 „w 3 Site Plan Layout - Bill Witt Park CHaR 5„ PA RK SI: `I PLAN VLEW DLL WITY SPLASH PARK AGlq^.SS SYNTHETIC TURF PROPOSAL 4 Scope of Work - Lindale Park Install 2,565 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas shown on provided plans. ➢ Parks and Recreation will be responsible for removing all organic material and organic debris for site preparation for aggregate base installation. ➢ Contractor will provide aggregate base and set and pack aggregate base. The area should be smooth and graded to allow for proper drainage. ➢ Contractor will fasten turf to pressure treated nailer boards using proper industry standard methods. ➢ Contractor will ensure turf is not installed over any ground level mechanical access covers leaving them inaccessible without damage to the artificial turf. ➢ Contractor will use proper industry standard methods to ensure all seams are properly connected and not visible. ➢ Envirofill will be added to turf to ensure product remains in place and increase life space of product. ➢ Contractor is to provide a one-year warranty of the installation and applicable factory warranty on artificial turf. Splash Pad - Lindale Park CHRIST] PARK56 � V' qww all Site Plan Layout - Lindale Park GHR STI SYNTHETIC TURF PROPOSAL CORPUS CHRISTI,TX s Wit-d . . , Scope of Work - Salinas Park Install 3,050 square feet of artificial turf around the perimeter of splash pad and sidewalks. Square footage is to include two mound areas shown on provided plans. ➢ Parks and Recreation will be responsible for removing all organic material and organic debris for site preparation for aggregate base installation. ➢ Contractor will provide aggregate base and set and pack aggregate base. The area should be smooth and graded to allow for proper drainage. ➢ Contractor will fasten turf to pressure treated nailer boards using proper industry standard methods. ➢ Contractor will ensure turf is not installed over any ground level mechanical access covers leaving them inaccessible without damage to the artificial turf. ➢ Contractor will use proper industry standard methods to ensure all seams are properly connected and not visible. ➢ Envirofill will be added to turf to ensure product remains in place and increase life space of product. ➢ Contractor is to provide a one-year warranty of the installation and applicable factory warranty on artificial turf. Splash Pad - Salinas Park CHRIST] PARK56 F� g %x. Site Plan Layout - Salinas Park CHA=r, PARK56 PLAN VIEW ��1La� �pL�La� 1 pQG3G� &GWS, SYNTHETIC TURF PROPOSAL x a d <i. i M �. i p Y mill I i M 16, Wr I A ,ate i' + � �'��• r��rG)�alr �1U('�t�.r • °�. iii '�•- � �� �l4 �� i�,1 .A 4� + 'lli n •�fi S�<�z�� wi I,,.0 ' O lm lit, II n J µ G6 PA a d �W�,, • ti P r f � Qf SYNTHETIC TURF PRGPOSA, CORPUS CHRI STI TX 5 34.2020 T PLAN VI'I M UNDALZ )(GRASS YX -SYNTHETIC TURF PROPOSAI covacmemix 5,30-2020 PLAN VIEW s PROPOSALSYNTHETIC TURF so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 8, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikeMa(a)cctexas.com (361) 886-2603 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Binocular Night Vision Device Systems and Onsite Training for CCPD CAPTION: Motion authorizing the purchase and replacement of 10 Binocular Night Vision Device Systems and Onsite Training services with Land and Groove LLC, Spicewood, TX, for a total amount not to exceed $114,990.00, for the Corpus Christi Police Department, with funding available from the Homeland Security Grant Program — State Homeland Security Program — Law Enforcement Terrorism Prevention Activities Grant. SUMMARY: This motion authorizes a one-year service agreement with Land and Groove LLC for the purchase of 10 Binocular Night Vision Device Systems and Onsite Training services for the Corpus Christi Police Department (CCPD). The devices will enhance the CCPD SWAT team's ability to respond to high-risk callouts while faced with adverse lighting conditions. BACKGROUND AND FINDINGS: The CCPD SWAT team provides assistance and support to local, state, and federal agencies operating within the region. As the CCPD SWAT team is vital to halting and apprehending threats to the community, it is critical that the team have updated binocular night vision device systems to increase the safety of our officers. The CCPD SWAT team currently only has four outdated devices that are 20 years old which do not have the capabilities of the current industry standard models. The binocular night vision device systems will equip the CCPD SWAT team with modernized field equipment that improves depth perception, thus advancing the team's safety and improving its ability to respond to high-risk incidents where there is limited lighting. The team will utilize this equipment when confronted with conditions of extreme low light and inclement weather. The devices are expected to have a life span of 15-20 years with regular maintenance. The Police Department has an ongoing maintenance plan for these devices. Additionally, CCPD will receive an 8-hour course so that each officer can get familiar with operating the binocular night vision device systems. The course will include both lecture and hands-on training that will cover a wide range of materials for the use, functions, capabilities & limitations, and maintenance on the devices. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for this new contract. The City received one responsive, responsible bid, and is recommending award to Land and Groove LLC for Binocular Night Vision Device Systems and Onsite Training for CCPD in the amount of$114,990.00. The cost of the binoculars includes the training for no additional price. City staff determined the price to be fair and reasonable for this single bid as the current rate researched from online retailers is $135,000.00 for the same product without the onsite training. ALTERNATIVES: The alternative to not accepting this bid would be that the CCPD SWAT team would continue to use outdated equipment and not be able to provide a higher level of protection to the City's citizens. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $114,990.00 to be funded from the Homeland Security Grant Program — State Homeland Security Program — Law Enforcement Terrorism Prevention Activities Grant which is part of the grant managed by the Fire Department. FUNDING DETAIL: Fund: 1062 Fire Grants Organization/Activity: 821256F Homeland Security Grant Program, State Homeland Security Program, Law Enforcement Terrorism Prevention Activities Mission Element: 093 Respond to Emergency Call Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year service agreement with Land and Groove LLC for Binocular Night Vision Device Systems and Onsite Training as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION CONTRACTS AND PROCUREMENT DEPARTMENT RFB 3076 BUYER: LOIS HINOJOSA Binocular Night Vision Device Systems and Onsite Training for CCPD Land and Groove LLC Spicewood, texas ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE L3 Harris EOTECH AN/PVS-31A 1 (BNVD) w/Wilcox G24 mount EA 10 $11,499.00 $114,990.00 (SKU BNG-001-A48M) $0 2 Onsite Training for above system EA 1 *Included with $0.00 device purchase TOTAL: $114,990.00 Page 1 of 1 SC G° a 0 H SERVICE AGREEMENT NO. 3076 U Binocular Night Vision Device Systems and Onsite Training ye1$52E� for CCPD THIS Binocular Night Vision Device Systems and Onsite Training for CCPD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Land and Groove LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Binocular Night Vision Device Systems and Onsite Training for CCPD in response to Request for Bid/Proposal No. 3076 ("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 Binocular Night Vision Device Systems and Onsite Training for CCPD ("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 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 $114,990.00, 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. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form March 9, 2020 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Donald Moore Department: Police Department Phone: 361-826-4072 Email: Donaldmo@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form March 9, 2020 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form March 9, 2020 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. 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: Donald Moore Title: Police Captain Address: 4510 Corona Drive, Corpus Christi, Texas 78411 Phone: 361-826-4072 Email: Donaldmo@cctexas.com IF TO CONTRACTOR: Land and Groove LLC Attn: Daniel Dover Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form March 9, 2020 Title: Owner Address: 9401 East TX 71 , Spicewood, Texas 78669 Phone: 512-699-9510 Email: info@downrangethermal.com 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form March 9, 2020 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. 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 Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form March 9, 2020 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] Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Daniel Dover Title: Owner Date: 7-25-2020 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 l : RFB/RFP No. 3076 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form March 9, 2020 �ZSS C�,p o ATTACHMENT A: SCOPE OF WORK 'VOn POq ASE 1852 4.1 General Requirements/Background Information The Corpus Christi Police Department is replacing their current binocular night vision device systems and upgrading to L3 Harris Technologies EOTECH AN/PVS- 31 A Binocular Night Vision Device systems as outlined in the Scope of Work. 4.2 Scope of Work Contractor shall provide ten L3 Harris Technologies EOTECH AN/PVS-31 A Binocular Night Vision Device systems (SKU # BNG-001-A48M). After delivery of the devices, the Contractorwill work with the Contract Administrator to schedule and conduct onsite training of the devices for Police Department staff. A. L3 Harris Technologies EOTECH AN/PVS-31A (BNVD) system Specifications: 1 . Model: Binocular Night Vision Devise (BNVD) AN/PVS-31A Un-filmed White Phosphor 2. SKU: BNG-001-A48M 3. Mount: Wilcox G24 4. Gen III Image Intensification Tube goggles 5. Color: Black 6. Length/Width/Height: 4.55" x 3" x 2.6" (without the eyecup and objective lens) B. Onsite Training of L3 Harris Technologies EOTECH AN/PVS-31 A (BNVD) systems for Police Department staff (including but not limited to the below): 1 . Course Objectives: a) Understanding L3 Harris Technologies EOTECH AN/PVS-31A (BNVD) • Warranty and repair b) Night Vision Introduction • Facts and myths • Generations and night vision history c) Night Vision Tubes • Schematics • Filmed vs. un-filmed (green versus white phosphor) Page 1 of 2 • Specifications • Terminology d) Helmets and Mounts • Configurations • Familiarization with Wilcox G24 controls and adjustments e) PSV-31 A Features and Benefits • Specifications • Switches and focus • IR laser presentation (laser safety product specs, uses, controls, mounting, lens caps, illuminator focus settings) • Thermal options f) Scenarios and Discussion • Practical applications 4.3 Warranty The L3 Harris Technologies EOTECH AN/PVS-31 A Binocular Night Vision Device systems must be warranted to be free from defects in material and workmanship for at least one year from the date of purchase. 4.4 Special Instructions The Contractor will ship devices to Corpus Christi Fire Department Headquarters to allow for tagging and inventory. Delivery address and Point of Contact for delivery is listed below: Melanie Garza, Senior Management Assistant- Grants Administration 2406 Leopard Street, Suite 300 Corpus Christi, Texas 78408 361-826-3966 MelanieYC@cctexas.com The Contractor will work with the Police Department Contract Administrator to schedule onsite training after the devices have been delivered. The Contract Administrator is listed below: Police Captain Donald Moore, Director of Training 4510 Corona Drive Corpus Christi, Texas 78411 361-826-4072 Donaldmo@cctexas.com Page 2 of 2 Attachment B - Schedule of Pricing S� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT •a.oA E BID FORM 1852 RFB No. 3076 Binocular Night Vision Device Systems and Onsite Training for CCPD Date: 612312020 PAGE 1 OF 1 Land and Groove LLC Authorized Bidder: 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 laid have oeen 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 on Equal Opportunity Employer, and the Disclosure of Interest information on 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 RF3. Item Description UNIT CITY Unit Total Price Price L3 Harris EOTECI- F I PVS-31 A ,EL, VD) w/ Wilc:Dx G;_'4 mount 1 EA 10 $11,494 $1 14,990 ;SKU 3NG-D01-A48V,,) Onsite Training for above system 0 included with purchase 2 EA 1 $0 training provided by MANF on-site Total $114,990 Page 1 of 1 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, Bodily Injury and Property required on all certificates or by Damage applicable policy endorsements Per occurrence - aggregate Commercial General Liability Including: $1,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any 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. 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. No bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection (B) is null and void. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services - Services Performed Offsite-Onsite - GL Only 04/14/2020 Risk Management- Legal Dept. Attachment D: Warranty Requirements The L3 Harris Technologies EOTECH AN/PVS-31 A Binocular Night Vision Device systems must be warranted to be free from defects in material and workmanship for at least one year from the date of purchase. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management Jim D(a)cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Decals for City Vehicles CAPTION: Motion authorizing a three-year service agreement with Insignia Design Solutions LLC, for a total amount not to exceed $150,000.00, to provide decal services for City vehicles, effective upon issuance of notice to proceed, with FY 2021 funding available in the Fleet Maintenance Services Fund. SUMMARY: This motion authorizes a three-year service agreement for decal services for City vehicles. Decal services are necessary to identify City vehicles used by various departments, including Police, Fire, Streets and Solid Waste. These identity services keep the community aware and safe. BACKGROUND AND FINDINGS: The purpose for this service agreement is for decal services for City vehicles. Asset Management utilizes these services to keep City vehicles up to code per City Ordinance and for identification purposes. Currently, Asset Management obtains these services on an as needed basis by soliciting individual quotes and issuance of Purchase Orders. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids. Staff is recommending the award to the lowest responsive, responsible bidder Insignia Design Solutions LLC. ALTERNATIVES: These services are required per City Ordinance; therefore, were this contract not approved, the Department would need to continue to obtain these services by purchasing them on an individual and as needed basis at current prices. On the other hand, approval of this contract will produce significant savings of between 20% and 40% perjob. A long- term agreement will be an efficient way of obtaining these services in a timely manner, will lock-in the price throughout the three-year term of the contract, and, as stated above, will generate substantial savings for the City. FISCAL IMPACT: There will be no fiscal impact for Asset Management in FY 2020 for decal services on City vehicles, with the remaining cost to be funded in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year agreement with Insignia Design Solutions LLC for decal services as presented. Again. as stated above, this agreement will save The City up to 40 percent. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB 2875 Senior Buyer: Cynthia Perez Decals for City Vehicles Insignia Design Solutions Arrow Display Signs Beaed of Corpus Corpus Christi,Texas Corpus Christi,Texas Corpus Christi,Texas ITEM DESCRIPTION Unit 3-Year Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Police Department-Decal 1 Manufacture and Installation(Full Suite) Each 900 $595.00 $535,500.00 $525.00 $472,500.00 $685.00 $616,500.00 2 Police Department-Repair to each door Each 900 $86.701 $78,030.00 $210.00 $189,000.00 $132.00 $118,800.00 3 Police Department-Repair to fenders/rear quarter panels Each 900 $18.08 $16,272.00 $75.00 $67,500.00 $116.00 $104,400.00 4 Police Department-Repair to hood and roof Each 900 $172.46 $155,214.00 $85.00 $76,500.00 $132.00 $118,800.00 5 Police Department-Repair to rear hatch Each 900 $62.11 $55,899.00 $75.00 $67,500.00 $60.00 $54,000.00 6 City Vinyl-Decal Manufacture and installation(Full Suite) Each 900 $55.00 $49,500.00 $125.00 $112,500.00 $366.00 $329,400.00 7 City Vehicles-Repair to each door Each 900 $27.50 $24,750.00 $125.00 $112,500.00 $56.00 $50,400.00 8 Fee for installation services at City location Each 450 $25.00 $11,250.00 $45.00 $20,250.00 $60.00 $60.00 Total 1 1 $926,415.00 $1,118,250.00 $1,392,360.00 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A �yV S C� G° a 0 H SERVICE AGREEMENT NO. 2875 U Decals for City Vehicles yeanaonn!e 1852 THIS Decals for City Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Insignia Design Solutions LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Decals for City Vehicles in response to Request for Bid/Proposal No. 2875 ("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 Decals for City Vehicles ("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 $150,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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 1 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 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: Francisco Olvera, Jr. Department: General Services Departments Phone: (361 ) 826-1917 Email: FranciscoO@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. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 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 3 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 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: Francisco Olvera, Jr. Title: Vehicle & Equipment Admin Inspector Address: 5353 Ayers, Bldg. 3-13, Corpus Christi, Texas 78415 Phone:(361) 826-1917 Fax: (361) 826-4474 IF TO CONTRACTOR: Insignia Design Solutions LLC Attn: Michael Goding Title: Owner Address: 4512 Baldwin Blvd., Corpus Christi, Texas 78408 Phone: (361 ) 452-7828 Fax: N/A Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 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 5 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 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 6 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A CONTRACTOR DocuSigned by: Signature: N(6d C,6,h" Printed Name: Michael Coding Owner Title: 8/25/2020 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 l : RFB/RFP No. 2875 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide decals, and installation services to both new installs and repairs to existing decals for the Asset Management - Fleet Maintenance Department as outlined in this Scope of Work. 1.2 Scope of Work A. Service Requirements 1 . The decals material shall be a minimum of 3-5 mil engineering grade reflective material. 2. The decal material shall meet or exceed all applicable requirements for Federal Standards. 3. All decals shall be computer cut so each vehicle will be uniformly matched. All lettering shall be done in the following fonts: ("Service Our Community") in "Marker". All the rest of the lettering shall be done in "Crille". The Contract Administrator may change the font at any given time if the need arises. 4. The Contractor shall clean and degrease each vehicle juts prior to decal installation. 5. The vehicle will be delivered to the Contractor's location within the City limits of Corpus Christi and picked up after completion. 6. The vehicle decal repairs shall take priority over the new installations. All repairs must be done within 24 hours of the vehicle delivery. If the Contractor is currently working on new installations and the City of Corpus Christi brings a repair job to the vendor, the repair job shall be completed first. Whenever events of this type occur, the Contract Administrator will allow additional time for the completion of the new install. 7. The Contractor shall perform installation, removal and repairs of decals on City vehicles. 8. The Contractor shall also perform wrap and decal removals for City vehicles and or equipment when in preparation for disposal. 9. The Contractor shall not subcontract any services. 10. The Contractor must provide same day installation on Suite orders. 11 . The Contractor must be willing to come and install decals, if called by City staff to perform services at the City Fleet Maintenance Department. 12. The Contractor shall not set a minimum requirement of vehicles and or equipment, when coming to install decals at the City location. 13. The Contractor shall be located within a 25-mile radius from the Corpus Christi Fleet Maintenance Department. Revised 1 1.08.19 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A 1.3 Special Instructions 1 . The Contractor shall have 2 to 3 business days for an installation of a wrap on a vehicle. 2. The Contractor shall have 1 business day for installation of a wrap on a refuse truck. 3. Lead Time: The City vehicles and or equipment shall be First Priority. First responders shall take First Priority than all other City vehicles and or equipment. The Contractor shall provide same day priority service for first responders. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under contract as well as vehicles that have warranty work. 4. Delivery: There will be some cases where the City will tow the inoperative vehicle to the Contractor. Vehicles that are sent to Auction will require removal of decals. The City will notify the Contractor of vehicles being towed and delivered to vendor for services. The day the vehicle is received, the Contractor shall send an email to the City of Corpus Christi, Asset Management Fleet Staff indicating the date the vehicle was received and estimated completion time of service. Any extensions shall require approval from Asset Management Fleet Maintenance Staff. In the event, the City staff is not able to perform this service the Contractor must be willing to pick up and or deliver City vehicles if called upon for service at no extra charge. 5. See Attachment A-1 which includes photos of various types of decal work that is being requested. Attachment A-2 includes photos of Full Suites for the various types of work being requested. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Revised 1 1.08.19 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A ATTACHMENT - Includes photos of height, width, colors, designs and decal placement on City vehicles, DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D864F7C33F1A Description 2.5-mil,intermediate calendered PVC film with excellent dimensional stability and very good cutting and application characteristics. Available in 60 vivid colors plus transparent. Release Liner 84#custom silicone-coated paper with special release characteristics that provide excellent weeding and release values. Customized blue silicone paper liner for matte and gloss white face film provides superior contrast for weeding. Adhesive Clear, solvent-based,permanent adhesive Area of Use Ideal for medium-term indoor and outdoor lettering,marking and decoration. Matte finish available in black and white. Technical Data Thickness (without liner and adhesive) 2.5-mil Dimensional Stability(FINAT TM-14) Adhered to steel, no shrinkage in cross direction; In len th,<.016" Temperature Resistance Adhered to aluminum, -40°F to+176°F, no variation Fire Behavior(DIN 75200) Adhered to steel, self-extinguishing Fire Rating ASTM E 84-07 Class "A" Adhesive Power(FINAT TM-1, after 24 h, average) Adhered to stainless steel:4.1 Ib/in Tensile Strength (DIN EN ISO 527) Along: Min. 19 MPa Across: Min. 19 MPa Elongation at Break(DIN EN ISO 527) Along: Min. 130% Across: Min_ 150% Seawaterability(DIN 50 021) Adhered to aluminum,after 100h/73°F, no variation Shelf Life(68'F/50%relative humidity) 2 years Minimum Life Expectancy(based on accepted 6 years-colors/transparent application procedures on vertical surfaces) 4 years-metallic 3 vpars—brilliant blue Minimum Application Temperature 46°F Available Lengths 150' (50-yard)and 30'(10-yard) Available Widths 15"(punched),24",30",48" 36"and 60"available in transparent, black,and white Recommended Application Tapes ORATAPEO Series HT55, MT95, MT72, MT80P Print Compatibility Thermal Transfer(gloss finish only) Note Surfaces to which the material will be applied must be thoroughly cleaned from dust, grease or any contamination which could affect the adhesion of the material. Freshly lacquered or painted surfaces should be completely cured. The compatibility of selected lacquers and paints should be tested by the user, prior to application of the material. Films with structured surface are naturally more sensitive than the unstructured. Accordingly, these films are to be treated carefully both in processing and in cleaning. Impurities affect the appearance of structured films and require more frequent cleaning. Furthermore the application information published by ORAFOL is to be considered.The batch traceability according to ISO 9001 is possible on the basis of the roll number. ORAFOL Americas—GA ORAFOL Americas—CT ORAFOL Canada Q c' AWMIL7 1100 OracaI Parkway 120 Darling Drive 2831 Bristol Circle Black Creek, GA 31308 Avon, CT 06001 Oakville, Ontario L6H 6X5 mmm Phone:888.672.2251 Phone:800.654.7570 Phone: 888.727.3374 techsupport-americas@orafol.com—www.orafol.com DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A a_ ^ Q IMPORTANT NOTICE All ORACALO products are subject to careful quality control throughout the manufacturing process and are warranted to be of merchantable quality and free frorn manufacturing defects. Published information concerning ORACAL° products is based upon research which the Company believes to be reliable although such information does not constitute a warranty. Because of the variety of uses of ORACAL° products and the continuing development of new applications, the purchaser should carefully consider the suitability and performance of the product for each intended use,and the purchaser shall assume all risks regarding such use. All specifications are subject to change without prior notice. WARNING:This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. ORAFOL Americas—GA ORAFOL Americas—CT ORAFOL Canada A �. 1100 Oracal Parkway 120 Darling Drive 2834 Bristol Circle Black Creek, GA 31308 Avon, CT 06001 Oakville,Ontario LSH 6X5 Phone:888.672,2251 Phone:800.654.7570 Phone: 888.727.3374 techsupport-americas@orafol.com—www.orafol.com DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A k a l Description 2-mil high-performance PVC film with excellent dimensional stability, offering optimized cutting,weeding, and application properties. Achieve exceptional air-egress liner adhesion with standard medium to high-tack application tapes. Available in 12 gloss and metallic colors. Release Ehler 89#silicone coated paper featuring RapidAirl to facilitate quicker,easier application. Adhesive Clear, solvent-based, permanent adhesive Area of Use Ideal for larger format lettering, striping, and decorative applications. Particularly suitable for high quality corporate identity, commercial window, bus, RV, riveted box truck and trailer applications. Technical Data Thickness (without liner and adhesive) 2-mil Dimensional Stability (FINAT TM-14) Adhered to steel, no shrinkage in cross direction, In 1pnrith, x.006" Temperature Resistance Adhered to aluminum, -58°l=to+230°F, no variation Fire Behavior(DIN 75200) Adhered to steel, self-extinguishing Fire Ratin ASTM E 84-07 Class"A" Adhesive Power(FINAT TMA,after 24 h, average) Adhered to stainless steel:4.1 Win Tensile Strength (DIN EN ISO 527) Along: Min. 19 MPa Across:Min. 19 MPa Elongation at Break(DIN EN ISO 527) Along:Min, 120% Across: Min. 120% Seawaterability (DIN 50 021) Adhered to aluminum, after 100h173°F, no variation Shelf Life(68°FI50%relative humidity) 2 years Minimum Life Expectancy (based on accepted 8 years (Black&White), 7 years (Colors),5 years(Metallic}, a lication rocedures on vertical surfaces 3 ears New Gold Metallic Minimum Application Temperature 46°F(dry application} Available Lengths 150'(50 yard)and 30'(10 yard) Available Widths 24"&48" Recommended Application Tapes ORATAPEO Series HT55, MT95, MT72, MT80P Print Compatibility Thermal transfer(gloss finish only) Note Surfaces to which the material will be applied must be thoroughly cleaned from dust, grease or any contamination which could affect the adhesion of the material. Freshly lacquered or painted surfaces should be completely cured. The compatibility of selected lacquers and paints should be tested by the user, prior to application of the material. Films with structured surface are naturaiiy more sensitive than the unstructured. Accordingly, these films are to be treated carefully both in processing and in cleaning. Impurities affect the appearance of structured films and require more frequent cleaning. Furthermore the application information published by ORAFOL is to be considered.The batch traceability according to ISO 9ool is possible on the basis of the roll number. IMPORTANT NOTICE All ORACALO products are subject to careful quality control throughout the manufacturing process and are warranted to be of merchantable quality and free from manufacturing defects. Published information concerning ORACAL`' products is based upon research which the Company believes to be reliable although such information does not constitute a warranty. Because of the variety of uses of ORACAL° products and the continuing development of new applications,the purchaser should carefully consider the suitability and performance of the product for each intended use,and the purchaser shall assume all risks regarding such use. All specifications are subject to change without prior notice. WARNING:This product contains chemicals known to the State of California to cause cancer,birth defects or other reproductive harm, ORAFOL Americas—GA ORAFOL Americas—CT ORAFOL Canada 0 A 1100 Oracal Parkway 120 Darling Drive 2831 Bristol Circle Black Creek, GA 31308 Avon, CT 06001 Oakville, Ontario L6H 6X5 Phone:888.672.2251 Phone:800.654.7570 Phone: 888.727.3374 techsupport-americas@orafol.com—www.orafol.com DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A C3 © e ORALITE® 5500 ENGINEER GRADE 4.25 MIL 7 YR 'hese colors ship directly from the manufacturer. Allow extra time for shipping. Please note[SPC items cannot be cancelled or returned. SELECT A COLOR While &lack Yellow orae a Red Green Blue Brown 010 070 020 035 030 060 050 080 New Colors GALLERY Email us your photos to Gallery@fellers.com 15"by 10 Yd Roll Punched 15"by 50 Yd Roll Punched 24"by 10 Yd Rall 24"by 50 Yd Roll 30"by 10 Yd Roll Unpunched 30"by 50 Yd Roll Unpunched 30"by 10 Yd Roll Punched 30"by 50 Yd Roll Punched 48"by 10 Yd Roll 48°by 50 Yd Roll i 1 � 1 i i s PRODUCT DETAILS • 4.25 Mil engineer grade reflective for applications like traffic control,guidance,warning and information signs as well as reflective lettering,numbers and symbols. • Durability 7 years • Release Liner 89#PE-coated silicone paper • Clear,solvent-based,permanent adhesive • Print Compatibility Screen printing,Thermal transfer • Certifications Meets requirements of MUTCD • Meets ASTM D 4956 specifications for Type I,Class 1 retroreflective sheeting F9 WItAll StH'r1[_)' t_0AA1'ANY DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A yrs m a :r rte" �✓� � fir- ,-��' r f .y r r r> tog ✓ ' J DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A y rev ✓- ,i"=zWWI �' i✓-� may." 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NO a� t �..�.,�...- i I MSR:- '� � r- ;WE— y III 5. - 57, WR- wg ? �# rye s A MRS fWR ON,. � ams mom mvw �� � 5 ff FkA At- -,. � - s iMW y - s % N, - a r " "P 5 Ag 5,Q Fill `�x%� "3`e WIRER �, gig - -r rpal, � M IRA ` SM wqffi IIS �z � � l DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A rf DO it Ai uM y r � f r �_ fes✓_ ��� r r✓-" i yr �r DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A j' ala DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A y '�-r'�-•moi;'•_ s �� y. �J rte. M1i 4 'F i ;y� DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A CL 5 s W UJJtF H - K X54 t y k Y 1 DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A f .O NE ^ gymri 10. _ v i s .,mss f SOmss= J DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A _---� � r r �v s � EN i r y r � _ 0 r� -: k �r r - i1{{i F� ?E L •�I i I, otthrhmPnt B- Bid/Pricing Schedule DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A -- ---------------- foo vsct � CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT COPPOPP,EBID FORM xs�2 RFB No. 2875 Decals for City Vehicles Zo PAGE 1 OF 1 Date: Authorized Bidder: ,(jiA �ES6A) TI S L(-C 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 the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's 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. Item Descripfron Unit 3-`Lear Unit Total Price Y. Pr1Ge 1. Police Department -Decal Each 900 $ vo $ Manufacture and installation (Full -;7J� 5CC) Suited 2. Police Department - Repair to Each 900 $ (� $ each door 3. Police Department - Repair to _ Each 900 $ j $ fenders/rear quarter panels 4. Police Department-- Repair to Each 900 $ 2 $ hood and roof 5. Police Department- Repair to Each 900 $ I I $ rear hatch b. City Vinyl -- Decal Manufacture Each 900 $ u� $. and installation (Full Suite), _ _ J• 7. City doorVehicles - Repair to each Each 900 $ t 6Q $ �� 3. Fee for installation services at City Each 450 $ II � location Total This bid was used to determine the lowest bidder and is not reflective of the contract value which is based on the budgeted need. DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A Attachment C -Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control 1 . Physical Damage on a Direct Primary Basis DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to 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-J Contracts for General Services -Services Performed Onsite - Garage Keepers 06/19/2019 Risk Management - Legal Dept. DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID:CD9AA521-5677-4492-8AD4-D8B4F7C33F1A Attachment D - Warranty Requirements The Contractor shall follow manufacturer's warranty for material defects. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management Jim D(a)cctexas.com (361) 826-826-1909 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Parking Lot Shade Structures for Asset Management CAPTION: Motion authorizing a three-month service agreement with ShadePro, LLC in an amount not to exceed $58,832.00 for the purchase of parking lot shade structures for Asset Management, with FY 2020 funding available through the Fleet Maintenance Services Fund. SUMMARY: This motion authorizes a three-month service agreement for installation of two parking lot shade structures to be located at 5352 Ayers, Building 3A. This location is occupied by Asset Management's Fleet Maintenance Division to service vehicles; located across the street from the main building. The ShadePro parking lot shade structures will protect City vehicles from various weather elements, and therefore will prolong the life of these vehicles. BACKGROUND AND FINDINGS: This agenda item is for the purchase and installation of parking lot shade structures for the Asset Management Department. The Contractor is responsible for installing two custom ShadePro vehicle coverings on asphalt that will provide City vehicles with effective protection against solar radiation and damaging ultraviolet rays, rain, hail, wind, and dust. Additionally, the structural coverings can slow down the deterioration of asphalt, therefore decreasing the amount of maintenance needed. Providing protection from the sun and heat can maintain a cooler environment for vehicles, as well as personnel. These shade structures are to be installed in uncovered areas and are not replacements of existing shade covers. The Contractor has provided similar vehicle shade structures in other areas for the Department that have exceeded expectations, life cycle, and most importantly, have weathered severe storms. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Local and State procurement requirements. The cost savings through this cooperative purchase is 30% of competitive installed shade structures and therefore is the best procurement method for these products. ALTERNATIVES: An alternative to not accepting this cooperative purchase is to put a solicitation out for bid. However, the Asset Management Department has secured significant savings and this shade cover has proven to be extremely reliable for the Asset Management Department. FISCAL IMPACT: The fiscal impact for Fleet Maintenance Service in FY 2020 is $58,832.00 for parking lot shade structures for Asset Management. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Svc Organization/Activity: 40140 Service Station Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 550030 Improvements other than RECOMMENDATION: Staff recommends the approval of this agreement with ShadePro for parking lot shade structures for Asset Management as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Vehicle Covers Structure BUYER: MARCO LOZANO BuyBoard 592-19 ShadePro Item Comm.# Description Qty Unit Cost Extended Cost No. 1 32x46 6 Post 32 ft by 46 ft- 12 ft High -Grey 1 $19,980.00 $19,980.00 Permanent Fixture Covering 2 46x46 6 Post 46 ft by 46 ft- 14 ft High -Grey 1 $38,852.00 $38,852.00 Permanent Fixture Covering 3 Instalation and Delivery Included $0.00 $0.00 Extended Quantity & Cost 2 $58,832.00 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D �yV SC G° a 0 H SERVICE AGREEMENT NO. 3091 U Parking Lot Shade Structures for Asset Management yeanaonn!e� 1852 THIS Parking Lot Shade Structures for Asset Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and ShadePro, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Parking Lot Shade Structures for Asset Management in response to Request for Bid/Proposal No. BuyBoard #592-19 ("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 Parking Lot Shade Structures for Asset Management ("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 months, 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-month 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 $58,832.00, 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 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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: Francisco Olvera, Jr. Department: Asset Management Phone: 361-826-1917 Email: FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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: Francisco Olvera Jr. Title: Vehicle & Equipment Admin Inspector Address: 5353 Ayers, Bldg 3-B. Corpus Christi, Texas 78415 Phone: 361-826-1917 Fax: 361-826-4474 IF TO CONTRACTOR: ShadePro, LLC Attn: Jennifer Harris Title: ShadePro, LLC Representative Address: 8690 FM 306, New Braunfels, TX. 78132 Phone: 830-964-2114 Fax: N/A Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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 [L�, Signed by: Signature: ( AMS 405F52AA411... Printed Name: 7enifer Harris Title: sales coordinator Date: 8/14/2020 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 l : RFB/RFP No. BuyBoard #592-19 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D use G� O� ATTACHMENT A: SCOPE OF WORK U ro0 RP 0 R Pi EO 1852 1. General Requirements The Contractor shall provide specific structural vehicle coverings for the Corpus Christi Asset Management department listed in the scope of work. 2. Scope of Work: A. The Contractor Shall provide, deliver, and install: • Qty of 1 waterproof covering measuring - 46' x 46'. • Qty of 1 waterproof covering measuring - 32' x 46' B. Service Requirements 1 . The Contractor shall be a certified installer. 2. The Contractor shall install/erect structural vehicle coverings. 3. The Contractor shall install structural vehicle coverings on asphalt. 4. The Contractor shall provide service when deemed necessary during the warranty period. 5. The Contractor shall uphold manufacture warranty. 6. The Contractor shall have a workmanship warranty of one year. 7. Vehicle coverings must withstand the minimum of 120 mile per hour winds. 8. The Contractor shall respond if called upon, to remove shade netting in the event of a hurricane. 9. The Contractor shall provide an engineer seal for the structure and must meet local code requirements. 3. Work Site and Conditions 1 . The Contractor shall be located within a 200 mile radius of installation site. 2. The Contractor shall coordinate with Fleet Maintenance as to schedule when installation will be performed. 3. The Contractor shall deliver these vehicle coverings with all materials to installation site at: • 5352 Ayers Bldg 3A, Corpus Christi, TX. 78415 Page 1 of 1 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D �o4,yuscta CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT o BID FORM NORPORPEO 1852 RFB No. 3091 Parking Lot Shade Structures for Asset Management Date: 8/14/2020 PAGE 1 OF 1 DOCUSigned by: shadePro LLC Authorized r ,^ Bidder: Signature: F 4 ... 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's 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. Item Description UNIT QTY Unit Price Total Price 1 6 Post Cover 32x46 - 12' EA 1 $ 19,980.00 $ 19,980.00 Height 2 6 Post Cover 46x46 - 14' EA 1 $ 38,852.00 $ 38,852.00 Height 3 Delivery & Installation EA 1 $ 0.00 $ 0.00 Included Total $ 58,832.00 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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, Bodily Injury and Property required on all certificates or by Damage applicable policy endorsements Per occurrence - aggregate Commercial General Liability Including: $1,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D 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. 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. BOND REQUIREMENTS: No Bonds are required, therefore, Service Agreement 85621, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services - Services Performed Onsite 02/07/2020 Risk Management - Legal Dept. DocuSign Envelope ID:871 E105C-55A5-4443-B425-ACOC8088334D ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall have warranty that covers Shade netting failure due to Ultraviolet deterioration, and faulty workmanship for a period of ten years. Not covered are rips and tears caused by means other than faulty workmanship. Steel frames and cables are covered for a period of twenty years against failure due to corrosion or faulty workmanship. The Contractor shall have a workmanship warranty of one year. The Contractor shall have powder coating warranty of one year. Page 1 of 1 Parking Lot Shade Structures for Asset Management City Council Presentation September 8, 2020 ShadePro Truck Coverings ;r r t � x 1 j m t t � • i l.< !, f 777 y k. '� x 2 ShadePro Truck Coverings a 17. _... ..�. � 3 �vs cr �o o � H U AGENDA MEMORANDUM NOFPORAS E 1852 Action item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexa s.co m (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Five Freightliner Trucks for Utilities Department CAPTION: Motion authorizing the replacement purchase of five Freightliner trucks, one 6-8 yard dump truck, one combination sewer truck, and three crew trucks with service bodies, from Houston Freightliner, Inc., in an amount of $956,409.00, for the Utilities Department, effective upon issuance of letter of acceptance with FY 2020 funding available through the Fleet Fund in the amount of $956,409.00. SUMMARY: This motion authorizes the purchase of five freightliner trucks for use by the Utilities Department through the HGACBuy Cooperative. These trucks will be used by the Water and Wastewater Divisions to transport personnel and tools and to pull trailers to and from worksites. These units are replacements to the existing Utilities' Department fleet. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace five freightliner trucks. The trucks consist of one 2020 Freightliner and four 2021 Freightliners. One 2020 M2- 106 SRA—6 -8 yard dump truck, one 2021 M2-114SD TRA combination sewer truck, and three 2021 M2-112 TRA crew trucks with service bodies- freightliners. These units are replacement units for trucks that have exceeded the expected service life of seven years. Two of the units are 11 and 12 years old, three of the units are between seven and eight years old. This procurement is through the HGACBuy Cooperative. Contracts awarded through the HGACBuy Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is to not purchase this equipment. This would result in less in-house construction work and less in-house response to emergency repairs, therefore creating a loss of service to City customers. FISCAL IMPACT The fiscal impact for Asset Management is an amount of $956,409.00 from the Fleet Fund. FUNDING DETAIL: Fund: 5110 Fleet Fund Organization/Activity: 40120 Equipment Purchases- Fleet Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of five Freightliner trucks as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts & Procurement Freightliners for Utilities Senior Buyer: Cynthia Perez HGAC Contract # HT06-18 Houston Freightliner Houston, TX ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2020 Freightliner M2-106 SRA 1 $108,758.00 $108,758.00 2 2021 Freightliner M2-112 TRA 1 $147,139.00 $147,139.00 2021 Freightliner M2-114SD 3 TRA W/Roots Blower 1 $399,956.00 $399,956.00 4 2021 Freightliner M2-112 TRA 2 $150,278.00 $300,556.00 Total $956,409.00 Y Freightliner Heav Equipment I Council Presentation September 8, 2020 Freightliner Equipment eon l M2-106 Dump Truck Freightliner Equipment D c. v M2-114 M2-112 Vactor Service Truck Questions ? so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexa s.co m (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Two Forklifts for Utilities Department CAPTION: Motion authorizing a replacement purchase of two forklifts: one 2020 Hyster Fortis H60FT lift truck and one 2020 Hyster W40ZA straddle stacker from Briggs Equipment, Inc., in an amount of $58,540.76, for the Utilities Department, effective upon issuance of letter of acceptance with funding available through the FY 2020 Water Fund. SUMMARY: This motion authorizes the purchase of two forklifts: one 2020 Hyster Fortis H60FT lift truck and one 2020 Hyster W40ZA straddle stacker for the Utilities Department through the BuyBoard Cooperative. This equipment is being purchased through the BuyBoard Cooperative as replacement units. BACKGROUND AND FINDINGS: The Utilities Department has an operational need to purchase two forklifts: one 2020 Hyster Fortis H60FT lift truck and one 2020 Hyster W40ZA straddle stacker as replacement units to the department's fleet. The equipment will be used to facilitate the safe transport of large and heavy parts used to maintain equipment throughout the O. N. Stevens Water Treatment Plant. The forklifts will also be utilized by the Parts Division in loading and unloading large and heavy parts. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is to continue using the older equipment, and struggle to meet mission requirements due to the increasing age and increased maintenance requirements. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY 2020 is a total amount of $58,540.76 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 31010 ONS Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of two forklifts: one 2020 Hyster Fortis H60FT lift truck and one 2020 Hyster W40ZA straddle stacker from Briggs Equipment as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts and Procurement Purchase of Two Forklifts for Utilities Senior Buyer: Cynthia Perez Buy Board # 597-19 Briggs Equipment Corpus Christi, TX ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 Hyster Fortis H60FT Lift Truck, 6,000 Ib. capacity 1 $38,133.62 $38,133.62 2 Hyster W40ZA Straddle Stacker, 4,000 Ib. 1 $20,407.14 $20,407.14 capacity TOTAL $58,540.76 Forklift & Straddle Stacker at O.N. Stevens WTP Council Presentation September 8, 2020 _ ONSWTP LiftingGear �Vta'III Forklift Straddle Stacker (50001b) (15001b) Questions ? so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Supply Agreement for Retainers, Restraints, Gaskets, and Related Supplies for the City Warehouse CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC in an amount not to exceed $140,575.30 to purchase retainers, restraints, gaskets, and related supplies, in various sizes for the City Warehouse for central distribution, with funding in FY 2020 in an amount of $8,000.00 available through the Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement with Ferguson Enterprises, LLC to purchase retainers, restraints, gaskets, and related supplies to be stocked by the City Warehouse to distribute these supplies on an as-needed basis to internal departments for their operational material needs. BACKGROUND AND FINDINGS: This is the first large supply agreement specifically for retainers, restraints, gaskets, and related supplies such as glands, uni-flanges, and adapter fosters in various sizes for the City Warehouse to distribute to various departments. There has not been a supply agreement in place prior to this long-term agreement. Due to the departments' frequent need to purchase these items, a long-term supply agreement will allow the City Warehouse to keep a well-stocked inventory readily available for when the departments need the materials. The benefit of the solicitation allows for pricing competitiveness and has shown a cost-saving benefit of 7% in comparison between Ferguson Enterprise, LLC and the City of Corpus Christi's current year costs per item. The overall savings reduces the cost of procuring these items locked in for three years. The Contracts and Procurement Department conducted a Request for Bid process to obtain bids to establish a new three-year supply agreement contract The City received one responsive, responsible bid, and is recommending the award to the lowest responsive responsible bidder, Ferguson Enterprises, LLC. ALTERNATIVES: An alternative to accepting this bid will require the City Warehouse to continue to purchase these items on an as needed basis, with the possibility of an increased cost per item due to variable market conditions and changes for specific retainers, restraints, gaskets, and related supplies frequently bought. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2020 is approximately $8,000.00. The remaining cost of$132,575.30 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for the City Warehouse as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI BID TABULATION CONTRACTS AND PROCUREMENT RFB 2995 - RETAINERS RESTRAINTS GASKETS AND RELATED SUPPLIES FOR THE CITY WAREHOUSE BUYER: ELIZABETH M. RODRIGUEZ FERGUSON 3 YEAR 3 YEAR ITEM DESCRIPTION CITY WHSE PART No. QTY UOM UNIT PRICE TOTAL PRICE KIT 4"MJ ACCESSORY $ 612.00 1 3343 60 EA 10.20 Non Specific 6600.04 2 KIT 6"MJ ACCESSORY Non Specific 6600.06 3344 240 EA 14.10 $ 3,384.00 3 KIT 8"MJ ACCESSORY 3345 60 EA 15.60 $ 936.00 Non Specific 6600.08 4 KIT 10"MJ ACCESSORY Non Specific 3346 60 EA 22.50 $ 1,350.00 6600.10 5 KIT]2"MJ ACCESSORY 3347 60 EA 23.40 $ 1,404.00 Non Specific 6600.12 6 KIT 16"MJ ACCESSORY 3348 60 EA 40.84 $ 2,450.40 Non Specific 6600.16 7 GASKET 4'MJ RUBBER 3350 75 EA 2.70 $ 202.50 Non Specific 6649.04 8 GASKET 6'MJ RUBBER 3351 75 EA 2.70 $ 202.50 Non Specific 6649.06 9 GASKET 8'MJ RUBBER 3352 75 EA 3.00 $ 225.00 Non Specific 6649.08 10 GASKET 10'MJ RUBBER 3353 75 EA 4.2 $ 315.00 Non Specific 6649.10 11 GASKET 12'MJ RUBBER 3354 30 EA 4.8 $ 144.00 Non Specific 6649.12 12 GASKET 16'MJ RUBBER 3355 30 EA 8.1 $ 243.00 Non Specific 6649.16 13 GASKET 18'MJ RUBBER 3356 30 EA 9 $ 270.00 Non Specific 6649.18 14 GASKET 20'MJ RUBBER 3357 36 EA 9.6 $ 345.60 Non Specific 6649.20 15 GASKET 24'MJ RUBBER 3358 30 EA 12 $ 360.00 Non Specific 6649.24 16 GASKET 30'MJ RUBBER 3359 60 EA 28.5 $ 1,710.00 Non Specific 6649.30 PIPE 4"RESTRAINT C-900 PIPE SMBL Smith 17 Blair 3366 320 EA 44.15 $ 14,128.00 120-04500480-0000 Dual Range 18 GLAND MJ SOLID 24" 3383 24 EA 63.78 $ 1,530.72 Non Specific 6671 19 GLAND MJ SOLID 30" 3384 30 EA 93.02 $ 2,790.60 Non Specific 6672 20 GLAND MJ SOLID 36" 3386 12 EA 159.60 $ 1,915.20 Non Specific 6673 21 UNIFLANGE 4"FOR C-900 3387 24 EA 35.99 $ 863.76 FORD 4FA900-C4 22 RETAINER UNI-FLG 6"C-900 3388 30 EA 45.61 $ 1,368.30 FORD 4FA900-C6 23 RETAINER UNI-FLG 8"DI FORD 3389 24 EA 36.80 $ 883.20 UFA200-C8 24 PIPE 6"RESTRAINT FOR C-900PIPE 3390 450 EA 59.20 $ 26,640.00 Smith Blair 120-06630690-000 SMBL 25 PIPE 8"RESTRAINT-C-900 PIPE Smith Blair 120 3391 270 EA 67.15 $ 18,130.50 09050000-000 SMBL 26 RESTRAINT PIPE 10"C-900 FORD 3392 24 EA 68.22 $ 1,637.28 UFR1500-CA-10-1 RET W/ACC 27 UFR1500-CA-16-1 RET W/ACC 3393 60 EA 147.50 $ 8,850.00 28 PIPE 12'RESTRAINT FOR C-900 FORD 3394 48 EA 71.59 $ 3,436.32 UFR-1500-CA-12-1 RET W/ACC 29 RETAINER 4"MJ W/ACC STARGRIP 3396 54 EA 23.36 $ 1,261.44 STAR SGDPRK04N RETAINER 30 6"MJ W/ACC.STARGRIP STAR 3397 120 EA 28.86 $ 3,463.20 SGDPPK08N RETAINER 8"MJ W/ACC STARGRIP 31 3398 84 EA 39.33 $ 3,303.72 STAR SGDPPK08N RETAINER 10"MJ W/ACC STARGRIP 32 3399 30 EA 55.93 $ 1,677.90 STAR SGDPPK10N RETAINER 12'MJ W/ACC STARGRIP 33 STAR SGDPPKI2N 3400 75 EA 75.16 $ 5,637.00 34 RETAINER 16'MJ STARGRIP STAR 3401 36 EA 108.54 $ 3,907.44 SGDP16 35 RETAINER MJ 20"STARGRIP DI STAR 3402 12 EA 190.95 $ 2,291.40 SGDP20 RETAINER MJ 24"STARGRIP STAR 36 SGDP24 3212 18 EA 265.13 $ 4,772.34 ADAPTER FOSTER 4"W/ACCESS 37 INFACT CORP 4FA-BC INFT 3373 18 EA 60.77 $ 1,093.86 38 ADAPTER FOSTER 6'W/ACCESS IN FACT 3374 30 EA 77.27 $ 2,318.10 CORP 6FA-BC INFT 39 ADAPTER FOSTER 8"W ACCESS IN FACT 3375 24 EA 114.38 $ 2,745.12 CORP 8FA-BC INFT 40 ADAPTER FOSTER 8"W ACCESS IN FACT 3575 12 EA 489.64 $ 5,875.68 CORP 20FA-BC INFT ADAPTER FOSTER 12" 41 IN FACT CORP 12FA-BC NFT 3564 18 EA 175.21 $ 3,153.78 42 UNI FLANGE 4"FOR DI PIPE FORD 3910 24 EA 24.61 $ 590.64 U FA200-C 4 43 UNI-FLANGE 6"DI 3931 30 EA 26.50 $ 795.00 FORD UFA200-C 6 44 UNI-FLANGE 8"C-900 3954 18 EA 39.18 $ 705.240 FORD UFR 1500-CA-8-1 W/ACC 45 UNIFLANGE ADPT F/DI 3" 4037 36 EA 18.21 $ 655.56 FORD UFA200-C 3 TOTAL COST $ 140,575.30 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 SC GO ` O� H SUPPLY AGREEMENT NO. 2995 v RETAINERS, RESTRAINTS, GASKETS, AND RELATED SUPPLIES yO RPOR PEO 1852 THIS Retainers, Restraints, Gaskets, and Related Supplies for the City Warehouse Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Fergson Enterprises LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Retainers, Restraints, Gaskets, and Related Supplies for the City Warehouse in response to Request for Bid No. 2995 ("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 Retainers, Restraints, Gaskets, and Related Supplies for the City Warehouse in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so 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 $140,575.30, 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: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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: Robert Presnell Department: Contracts and Procurement Phone: (361 ) 826-1750 Email: RobertPr@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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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: Robert Presnell Stores Supervisor 5352 Ayers Street , BLDG # 6, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax (361 ) 826-1690 IF TO CONTRACTOR: FERGUSON ENTERPRISES LLC Attn: Bryan Steele, Sales 221 Junior Beck Drive, Corpus Christi, Texas 78405 Phone: (361 ) 289-1977 Fax: (361 ) 289-1968 E-Mail: bryansteele@ferguson.com 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 CONTRACTOR DocuSignetl by: Signature: Bryan Steele Printed Name: SALES Title: 8/6/2020 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 l : RFB No. 2995 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The City Warehouse needs restraints, retainers, gaskets, and related supplies that are functional when these parts are combined with related parts for frequently used by Internal Departments for City repairs. The intended purpose of procuring the goods for the City Warehouse to enable them the ability to act as a central receiving storage warehouse for Utilities, Streets, and Stormwater / Wastewater departments that operate and function to respond and available resources on-demand. authorized by the City of Corpus Christi's, Warehouse as outlined in this Scope of Work. 1.2 Scope of Work A. The Contractor shall provide the retainers, restraints, gaskets and related goods/supplies as outlined on the Bid / Pricing Schedule on an as-needed basis for a period of three years not of exceed the total amount of the award. B. The Contractor shall provide a quarterly report to the Warehouse Supervisor detailing item number that corresponds to the City, description, number of units purchased and total quarterly cost to be able to monitor the allocated budget not to exceed the total estimated cost, with FOB prepaid not to exceed the awarded total for the estimated for three years. C. The Contractor shall deliver to and send invoices To The City Warehouse Department, Attn: Mr. Robert "Bob" Presnel, Warehouse Supervisor or e-mail invoices to rpresnell@citycc.com located at 5352 Ayers Street BLDG #6, in Corpus Christi, Texas, 78415 Monday-Friday, between the hours or 8:00 am to 5:00 pm. D. Supplies are a generic brand unless a preferred brand is specified that offer City approved alternates or substitution of equal quality for items that are brand specific. E. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, prepaid freight and are to be included as freight on the invoice. F. The Contractor shall unload and deliver products and those related to retainers, restraints, and gaskets as outlined on the Bid/Pricing Schedule on an as-needed basis. G. The Contractor shall ship supplies with an expiration date of no less than one year. Page 1 of 2 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 H.The Contractor shall send the City a prepaid RMA to cooridnate the return of damaged, or defective, unsealed or partial products if applicable that in poor, defective, orunusable condition, I. Supplies are a generic brand unless a preferred brand is specified that may allow alternates of equal quality for specified branded supplies. Page 2 of 2 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 ATTACHMENT B: QUOTE AND PRICING SCHEDULE �4,gvs CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM U RFB No. 2995 RFB Retainers, Restraints, Gaskets and Related Supplies, for the City Warehouse PAGE 1 OF 3 Date: 06/17/2020 r � Authorized / Bidder: FERGUSON ENTERPRISES, LLC 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, to restrict competition about prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, under the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and the company is in good standing with all applicable governmental agencies. d. Bidder acknowledges recei t and review of all addenda for this RFB. ITEM° �ES�RII'TIQI 1 CISXI� K UQMt I1N11R�RI�E: 11EkFR ",w 3 R'/IRT i 1 KIT 4"MJ ACCESSORY 3343 60 EA $ 10.20 $ 612.00 Non Specific 6600.04 2 KIT 6"MJ+ACCESSORY Non Specific 3344 240 EA $ 14.10 $ 3384.00 6600.06 3 KIT 8"MJ ACCESSORY 3345 60 EA $ 15.60 $ 936.00 Non Specific 6600.08 4 KIT 10" MJ ACCESSORY Non Specific 3346 60 EA $ 22.50 $ 1350.00 6600.10 5 KIT]2" MJ ACCESSORY 3347 60 EA $ 23.40 $ 1404.00 Non Specific 6600.12 6 KIT 16" MJ ACCESSORY 3348 60 EA $ 40.84 $ 2450.00 Non Specific 6600.16 7 GASKET 4'MJ RUBBER 3350 75 EA $ 2.70 $ 202.50 Non Specific 6649.04 8 GASKET 6'MJ RUBBER 3351 75 EA $ 2.70 $ 202.50 Non Specific 6649.06 9 GASKET 8'MJ RUBBER 3352 75 EA $ 3.00 $ 225.00 Non Specific 6649.08 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 Page 2 of 3 10 GASKET 10'MJ RUBBER 3353 75 EA $ 4.20 $ 315.00 Non Specific 6649.10 11 GASKET 12'MJ RUBBER 3354 30 EA $ 4.80 $ 144.00 Non Specific 6649.12 12 GASKET 16'MJ RUBBER 3355 30 EA $ 8.10 $ 243.00 Non Specific 6649.16 13 GASKET 18'MJ RUBBER 3356 30 EA $ 9.00 $ 270.00 Non Specific 6649.18 14 GASKET 20'MJ RUBBER 3357 36 EA $ 9.60 $ 345.60 Non Specific 6649.20 15 GASKET 24'MJ RUBBER 3358 30 EA $ 12.00 $ 360.00 Non Specific 6649.24 16 GASKET 30'MJ RUBBER 3359 60 EA $ 28.50 $ 1710.00 Non Specific 6649.30 17 PIPE 4" RESTRAINT C-900 PIPE SMBL 3366 320 EA $44.15 $ 14128.00 Smith Blair 120-04500480-0000 Dual Range 18 GLAND MJ SOLID 24" 3383 24 EA $ 63.78 $ 1530.72 Non Specific 6671 19 GLAND MJ SOLID 30" 3384 30 EA $ 93.02 $ 2790.60 Non Specific 6672 20 GLAND MJ SOLID 36" 3386 12 EA $ 159.60 $ 1915.20 Non Specific 6673 21 UNIFLANGE 4" FOR C-900 3387 24 EA $ 35.99 $ 863.76 FORD 4FA900-C4 22 RETAINER UNI-FLG 6"C-900 3388 30 EA $ 45.61 $ 1368.30 FORD 4FA900-C6 23 RETAINER UNI-FLG 8" DI FORD 3389 24 EA $ 36.80 $ 883.20 UFA200-C8 24 PIPE 6"RESTRAINT FOR C-900PIPE 3390 450 EA $59.20 $ 26640.00 Smith Blair 120-06630690-000 SMBL 25 PIPE 8" RESTRAINT-C-900 PIPE Smith 3391 270 EA $ 67.15 $ 18130.50 Blair 120-09050000-000 SMBL 26 RESTRAINT PIPE 10"C-900 FORD 3392 24 EA $ 68.22 $ 1637.28 UFR 1 500-CA-1 0-1 RET W/ACC 27 PIPE 16" RESTRAINT FOR C-900 FORD 3393 60 EA $ 147.50 $ 8850.00 UFR1500-CA-16-1 RET W/ACC 28 PIPE 12" RESTRAINT FOR C-900 FORD 3394 48 EA $ 71.59 $ 3436.32 UFR-1500-CA-12-1 RET W/ACC 29 RETAINER 4"MJ W/ACC STARGRIP 3396 54 EA $ 23.36 $ 1261.44 STAR SGDPRK04N 30 RETAINER 3397 120 EA $ 28.86 $ 3463.20 6"MJ W/ACC.STARGRIP STAR SGDPPK08N 31 RETAINER 8"MJ W/ACC STARGRIP 3398 84 EA $ 39.33 $ 3303.72 STAR SGDPPK08N 32 RETAINER 10" MJ W/ACC STARGRIP 3399 30 EA $ 55.93 $ 1677.90 STAR SGDPPKI ON 33 RETAINER 12" MJ W/ACC STARGRIP 3400 75 EA $ 75.16 $ 5637.00 STAR SGDPPKI 2N 34 RETAINER 16"MJ STARGRIP STAR 3401 36 EA $ 108.54 $ 3907.44 SGDP 16 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 Pa e3of3 35 RETAINER MJ 20"STARGRIP DI STAR 3402 12 EA $ 190.95 $ 2291.40 SGDP20 36 RETAINER MJ 24"STARGRIP STAR 3212 18 EA $ 265.13 $ 4772.34 SGDP24 37 ADAPTER FOSTER 4"W/ACCESS 3373 18 EA $ 60.77 $ 1093.86 INFACT CORP 4FA-BC INFT 38 ADAPTER FOSTER 6"W/ACCESS IN 3374 30 EA $ 77.27 $ 2318.10 FACT CORP 6FA-BC INFT 39 ADAPTER FOSTER 8"W ACCESS IN 3375 24 EA $ 114.38 $ 2745.12 FACT CORP 8FA-BC INFT 40 ADAPTER FOSTER 8"W ACCESS IN 3575 12 EA $ 489.64 $ 5875.68 FACT CORP 20FA-BC INFT 41 ADAPTER FOSTER 12" 3564 18 EA $ 175.21 $ 3153.78 IN FACT CORP 12FA-BC NFT 42 UNI FLANGE 4"FOR DI PIPE FORD 3910 24 EA $ 24.61 $ 590.64 UFA200-C 4 43 UNI-FLANGE 6"DI 3931 30 EA $ 26.50 $ 795.00 FORD UFA200-C 6 44 UNI-FLANGE 8"C-900 3954 18 EA $ 39.18 $ 705.24 FORD UFR 1500-CA-8-I W/ACC 45 UNIFLANGE ADPT F/DI 3" 4037 36 EA $ 18.21 $ 655.56 FORD UFA200-C 3 r©PL $ 140,575.30 6 NOTE! VENDOR ORDER MINIMUMS MUST BE MET AT TIME OF ORDER, SEE BELOW: SIGMA: $1,500.00 STAR PIPE:$1,500.00 SMITH BLAIR: $3,500.00 FORD METER BOX: $6,500.00 INFACT: QTY 100 or$10,000 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 ATTACHMENT C: INSURANCE REQUIREMENTS 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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. 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. Page 1 of 3 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 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: 5. 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; 6. 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; 7. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 8. 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. 9. 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. 10. 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. 11 . 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. Page 2 of 3 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 12. 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. 13. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services - Services Performed Offsite 03/12/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: 1 FOC3A6D-35D6-4570-A217-1 F1 87015A886 ATTACHMENT D - WARRANTY REQUIREMENTS The Contractor shall warrant goods with the maximum standard warranty provided. Page 1 of 1 so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 ss5 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Cold Planer for Public Works CAPTION: Motion authorizing the purchase of one new cold planer from HOLT Texas, Ltd., dba HOLT CAT, from Corpus Christi Texas, for a total amount of $410,886.29, which will be utilized to remove deteriorated asphalt in preparation of new pavement surfaces by Public Works, with FY 2020 funding in an amount of $410,886.29 available from the Streets Fund. SUMMARY: This motion authorizes the purchase of one cold planer machine for the Public Works - Street Maintenance Division to be utilized for removal of deteriorated asphalt in preparation of new pavement surfaces. It will also be used to excavate damaged pavement failures to a depth of 2 to 13 inches allowing for full depth pavement repairs on arterials & collectors and residentials streets. BACKGROUND AND FINDINGS: Public Works Department has an operational requirement for the In-House Base & Pavement Repair Program to purchase of one cold planer as an addition to the department's fleet inventory. The cold planer machine will be utilized to remove deteriorated asphalt and base on Long Lane Pavement Repairs on arterials outside lanes or where pavement failure has occurred. It has the excavation capacity of 2 to 13 inches of street pavement design structure, allowing for full depth pavement repair. The Public Work Street Ops Division estimates to complete a minimal of 13 lane miles per year of long lane pavement repairs on arterials & collectors. This procurement is through the BuyBoard Purchasing Cooperative. Contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. The City will be saving 9% ($48,630.20) off the manufacturers list price plus an additional $84,295.07 through a Dealer discount. The City previously purchased a large cold planer in May 2020 to enhance the In-House Base & Pavement Repair Program for residential streets. This purchase is to add one additional small cold planer machine to complete repairs on arterials outside lanes or where pavement failure has occurred and on small streets and alleys. ALTERNATIVES: An alternative is not to purchase this equipment. This would result in less construction work and less response to emergency repairs, therefore creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $410,886.29 to be funded from the Streets Fund. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this purchase with HOLT Cat for one cold planer machine as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Cold Planer Milling Machine for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 597-19 HOLT Cat Corpus Christi,TX ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 PM313 Cold Planer-2020 185 CAT 1 EA. $410,886.29 $410,886.29 TOTAL: I I 1 1 $410,886.29 Public Works Department FY 2020 Equipment Replacement & Purchases Council Presentation September 8, 2020 INW&-el"r Agenda • Purchase of New Cold Planer (Asphalt Milling Machine) • Replacement of Combination Sewer Jet/Vacuum Truck • Replacement of 7 — 7 yard Dump Trucks to Tractor Trailer Transports • Purchase of 5 New Live Bottom Trailers • Lease-purchase of 2 — Regenerative Air Vacuum Sweepers Cold Planner 20-0885 • Unit will be utilized in the In-house asphalt repair program 'N, • 4'3" rotary drum that excavate 2" to 13" inches i � r • Smaller unit can be utilized in alleys and base R m, and pavement repairs on arterials • Replaces unit 4851 Rubber Tire Excavator that is 12 years old and has 7,897 hoursirri"� • Life Expectancy 10 years or 8,400 hours. Vacuum Truck 20-887 • Unit is part of the Storm Water Inlet Cleaning Program , • Current unit is 7 years old, 10,583 Hours and is at its lifecycle r� expectancy & 10,000 hours of utilization • Replaces Unit 4886 4 Tractor Transports 20-0927 • Replacement of 7 — 7 cy dump trucks • Transports units will be utilized with 1 live bottom and end dump trailers • Increases material Transport Capacity by 73% annually without any additional personnel • To be utilized in the Streets Asphalt Overlay Program Auk i4suat � II ' Live Bottom Trailers (20-970) A. • Increase transporting capacity by 73% annually • Asphalt Insulated trailers with belt drives • 26 cubic yard capacity or 22-24 tons of materials 4' • Can attach directly onto asphalt paver 6 \� Sweepers (20-1018) • Lease Purchase sHx 2 Regenerative Air Vacuum Sweepers i • Utilized in the In-House Mill & Overlay and pavement repair program for preparation and cleanup activities • Dump Rise High act p Ca piY. Dumps directly into dump trucks '� Public Works DepartmentQuestions • so �o o� A v µoRPORPg4 AGENDA MEMORANDUM ss5 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of One Combination Sewer Jet/Vacuum Truck for Public Works CAPTION: Motion authorizing the purchase of one replacement 2021 Freightliner combination sewer jet/vacuum truck, from Freightliner, Inc. from Houston, TX for a total amount of $410,283.00, to be utilized to repair storm water drains throughout the City for Public Works, with FY 2020 funding available from the Fleet Fund. SUMMARY: This motion authorizes the purchase of one 2021 Freightliner combination sewer jet/vacuum truck as a replacement to the department's fleet through the Houston- Galveston Cooperative (H-GAC Cooperative). This unit will be used for the Inlet Cleaning Program in Storm Water Operations Division. BACKGROUND AND FINDINGS: Public Works currently has an operational requirement for the purchase of one combination sewer jet/vacuum truck as a replacement unit. This unit will be used to maintain, and repair storm water drains throughout the City. The existing 2013 combination sewer jet/vacuum truck being replaced has met it's expected life cycle of 6 years and 10,000 hours. The existing unit is currently 7 years old with 10,853 hours. There are three vacuum trucks in the Public Works Fleet Inventory used for the Storm Water Inlet Cleaning Program. This procurement is through the H-GAC Cooperative. Contracts awarded through the H- GAC Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. A cost saving of 19.5% ($80,005.00) of the MSRP price listing. The original cost of the current unit was $310,086.00. ALTERNATIVES: An alternative is not to purchase this equipment or to put this out for bids. This would result in less in-house capability to execute maintenance and emergency response work; therefore, creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact for FY2020 is a total amount of$410,283.00 to be funded from the Fleet Fund. FUNDING DETAIL: Fund: 5110 Fleet Fund Organization/Activity: 40120 Equipment Purchases-Fleet Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one 2021 Freightliner 1 14S combination sewer jet/vacuum truck from Houston Freightliner, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of One Combo Sewer Truck for Public Works Senior Buyer: Cynthia Perez HGACBuy HT06-20 Houston Freightliner Houston,TX ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 114SD 2021 Combo Sewer Truck 1 EA. $410,283.00 $410,283.00 TOTAL: I I 1 1 $410,283.00 so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations Richard M5(a)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Seven Tractor Trucks for Public Works CAPTION: Motion authorizing the purchase of seven tractor trucks from Lonestar Freightliner Group, LLC, Waco, Texas for a total amount of $967,505.00, which will be utilized to pull live bottom asphalt trailers and end dump trailers that haul materials to and from work sites on Public Works projects, with FY 2020 funding available from the Streets, Stormwater and Fleet Maintenance Funds. SUMMARY: This motion will allow the City to purchase seven tractor trucks for Public Works to be utilized to pull live bottom asphalt trailers and end dump trailers that haul materials to and from work sites. These materials consist of roadway construction materials for Streets Maintenance Projects as well as desilting materials (silt, debris & vegetation) for the Storm Water Operations Division. BACKGROUND AND FINDINGS: Public Works has an operational requirement to purchase seven tractor trucks, which will be utilized to haul materials to and from work sites. Five of the seven tractors will be utilized to transport hot asphalt products to and from In-House Mill & Overlay jobsites. These five tractors will be connected to five live bottom trailers (26 cubic yards). Two of the seven tractors will be utilized for the transport of desilting and the reconstruction of earthen channels in the Storm Water Division. These two tractors will be connected to two end dump trailers (26 cubic yard). These units will serve as replacements for the existing seven — 7 cubic yard dump trucks in the fleet. The existing dump trucks have exceeded their life expectancy of seven years; four 2000, two 2001 . These trucks have met their expected service life of seven years. The seven unit's auction proceeds will be placed within the Equipment Replacement Fund. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured, in compliance with Texas, local and state procurement requirements. The percentage of savings on the BuyBoard Cooperative quote is 38.9% ($88,028.00) less than MSRP. In view of these savings, this is the best method of purchase for the City for these trucks. ALTERNATIVES: An alternative is not to purchase this equipment. This would result in less construction work and less response to emergency repairs, therefore creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $829,290.00 to be funded through the Streets and Stormwater Funds and an amount of $138,215.00 to be funded through the Fleet Maintenance Fund. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $691 ,075.00 Fund: 4300 Stormwater Fund Organization/Activity: 32003 SWO Concrete Maintenance Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $138,215.00 Fund: 5110 Fleet Maintenance Fund Organization/Activity: 40120 Equipment Purchases-Fleet Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $138,215.00 RECOMMENDATION: Staff recommends approval of this purchase with Lonestar Freightliner Group, LLC for seven tractor trucks as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Seven Tractor Trailer Trucks for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 601-19 Lonestar Freightliner Group,LLC Waco,TX ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 2021 Western Star 4700SF 7 EA. $138,215.00 $967,505.00 TOTAL: I I 1 1 $967,505.00 �° a w � 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Five Trailers for Public Works CAPTION: Motion authorizing the purchase of five replacement live bottom trailers from Cooper Equipment Co., from San Antonio, Texas for a total amount of$405,790.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2020 funding available through the Streets Fund. SUMMARY: This motion authorizes the purchase of five replacement live bottom trailers to be utilized to transport roadway materials (asphalt & base) to worksites. These trailers are insulated throughout the outside panel bed to keep the asphalt temperature from dropping below 275 degree. The five — 7-yard dump trucks with the 26 yard trailers will allow for a more efficient and effective transportation of asphalt products. Increasing hauling capacity by 62% annually. BACKGROUND AND FINDINGS: Public Works has an operational requirement to maintain five live bottom trailers, that are utilized to transport roadway materials to worksites. These trailers are vital to maintaining the paving equipment efficiently. These units will serve as replacements for five — 7-yard dump trucks in the Public Works fleet to continue to improve and enhance operations. The dump trucks in the current fleet consist of three 2000 & two 2001-year models and have exceeded their expected service life span of seven years. With the reconfiguration cost of auction and utilization, these units will pay for themselves in less than two years. These old model units hauling capacity has become obsolete in the mill & overlay process, since the driver of these units can transport 26 yards of material in single trip. By reconfiguring equipment utilization, the Public Works will increase the hauling capacity by 62% annually. At no additional cost of man hours. The recent cost for 7-yard dump was $142,980 per unit verse the tractor & trailer cost $219,373, a difference of $76,393. Although the cost difference per each unit is high, it would take 3 — 7-yard dumps at the difference of cost saving of $209,567 not including employee cost. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the BuyBoard Cooperative is 8% ($36,210) less than the list price. In view of these savings, this is the best method of purchase for the City for these trucks. ALTERNATIVES: The equipment can be rented. However, this will not be cost effective for the long-term, and the equipment may not be readily available when needed. FISCAL IMPACT: The fiscal impact for FY20 is a total amount of $405,790.00 for the purchase of five live bottom trailers to be funded through the Streets Fund. FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery RECOMMENDATION: Staff recommends approval of this purchase with Cooper Equipment Co. for the of five trailers as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Five Trailers for Public Works Senior Buyer: Cynthia Perez BuyBoard Contract 599-19 Cooper Equipment Company San Antonio,TX ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 2020 Etynre Live Bottom Trailers 5 EA. $81,158.00 $405,790.00 TOTAL: I I 1 1 $405,790.00 so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 ss5 Action Item for the City Council Meeting of September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Lease-Purchase of Two Street Sweepers for Public Works CAPTION: Motion authorizing a lease-purchase for the addition of two street sweepers from TYMCO, Inc. from Waco, Texas in an amount of $624,973.32 to be utilized as part of the Mill and Overlay/Base Pavement repair projects by Public Works as additions to the fleet in support of the City's street maintenance with funding requested in the FY 2021 Proposed Budget through the Streets Fund. SUMMARY: This motion is to authorize the lease-purchase of two TYMCO 500x street sweepers for Public Works through the BuyBoard Cooperative. This equipment will be used in support of the City's street maintenance and repairs, as additions to the fleet inventory. Currently the Street Operations Division or Storm Water division have no regenerative air sweepers in inventory. BACKGROUND AND FINDINGS: Public Works has an operational need for two street sweepers, which will be utilized by In-house Mill & Overlay/Base Pavement crews in support of the City's street maintenance and repair program. These units have the ability to dump waste materials collected directly into a dump truck without any violation to the Texas Pollutant Discharge Elimination System (TPDES) permit. With these two sweepers both programs run effectively without any delays to the paving process. The contracts awarded through the BuyBoard Cooperative have been competitively procured and are in compliance with Texas local and state procurement requirements. The percentage of savings on the cooperative quote is 10% ($32,007.00) less than list price. In view of these savings through the BuyBoard Cooperative, it is the recommended method of purchase for the City. Funding has been requested in the FY 2021 Proposed Budget. ALTERNATIVES: An alternative not to lease-purchase this equipment would be to contract this type of service, which would be much more expensive. This would result in a delay in construction work related to street maintenance; therefore, creating a loss of productivity. FISCAL IMPACT: There is no fiscal impact for Public Works in FY 2020 for the lease-purchase of the two street sweepers. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease-purchase of these two street sweepers is based on a 60-month term with an estimated interest rate of 2.00% for an annual estimated payment of $124,994.66. The total estimated cost over the five-year period, including principal of $594,270.00 and interest of $30,703.32 is $624,973.32. Total Lease-Purchase Price: $594,270.00 Total estimated allowable interest for Lease: $ 30,703.32 Grand Total: $624,973.32 FUNDING DETAIL: Fund: 1041 Streets Fund Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 530190 Lease-Purchase RECOMMENDATION: Staff recommends approval of this lease-purchase with TYMCO, Inc. for two street sweepers as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Lease Purchase of Two Sweeper Machines for Public Senior Buyer: Cynthia Perez Works BuyBoard Contract 597-19 TYMCO,Inc. Waco,Texas ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 TYMCO 500X Sweepers 2 EA. $297,135.00 $594,270.00 TOTAL: $594,270.00 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting September 8, 2020 1852 DATE: August 18, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Park and Recreation TracevCOcctexas.com 361-826-3042 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com 361-826-3169 10-Year Parks and Recreation Master Plan CAPTION: Motion authorizing an 18-month service agreement with Halff Associates, Inc. of Richardson, Texas for a total amount not to exceed $273,789.00 for the development of the 10-Year Parks and Recreation Master Plan, with FY 2020 funding available from the Community Enrichment Fund and General Fund. SUMMARY: This motion authorizes an 18-month service agreement for the development of the 10- Year Parks and Recreation Master Plan. BACKGROUND AND FINDINGS: The Parks and Recreation Department is committed to providing residents with a variety of recreational, natural resources and events. These Parks sponsored programs are hosted at City parks, aquatic facilities, senior centers, recreation centers and public beaches. In order for the Parks and Recreation Department to maintain accreditation by the Commission for Accreditation of Park and Recreation Agencies and to qualify for Texas Parks and Wildlife Department (TPWD) funding, the City is required to have a Parks Master Plan. The City is required to complete a major Parks Master Plan update every 10 years and the last one was completed in 2012. Texas Parks and Wildlife matching funds are one of the sources of capital funds for the Parks and Recreation Department. Typically, the state to local match is 80/20 for projects from the Land and Water Conservation Fund, and 50/50 match for Trails related projects. The Department last received a TPWD grant in the amount of $48,033 for a Community Outdoor Outreach Program at the Oso Bay Wetlands Preserve in 2016. This Parks Master Plan update also aides in defining required areas to maintain departmental accreditation. A Parks Master Plan provides a comprehensive park and recreation system plan and provides recommendations for provision of facilities, programs and services; parkland acquisition and development; maintenance and operations; and administration and management. The Parks Master Plan serves to guide future park and recreation improvements and operations through a comprehensive system plan. It provides recommendations on the following: -Facilities -Programs and services -Parkland acquisition and development -Maintenance and operations -Administration and management. The scope of the new Parks Master Plan will be developed by the selected consultant and will replace the current Parks Master Plan. The updated Parks Master Plan also will identify and recommend a new list of unused parks to be sold based on the 2012 Parks Master Plan. It will also capture new demographics, local developments, city standards, and existing resources. The Parks Master Plan is essential in assisting City staff in implementing short and long-term work plans, evaluating the prioritization of projects, and project decisions that benefit the community by enhancing the local quality of life. The following is a summary of the Master Plan activities for the update: • Comprehensive Community Engagement will include multiple and diverse methods for gaining input throughout the planning effort. Virtual as well as in-person techniques will be used. All external engagement efforts will be bilingual. In addition to input from City staff, stakeholder input will also be solicited from the Parks and Recreation Advisory Committee, neighborhood representatives, HOAs, recreation facility users, youth, and seniors. • Conduct and participate in numerous meetings with Parks and Recreation Advisory Committee, operating department representatives, community stakeholders, and local public regarding the needs, goals, and objectives of the community • Provide a project schedule indicating timelines and meeting dates associated with each component of the strategic planning process • Provide media outreach and public statements for the project schedule • Perform a comprehensive review of the City of Corpus Christi Parks and Recreation policies • Update of parks inventory • Update stated park goals and objectives • Update of community park needs based on community developments, current demographics and uses, park upgrades, etc. • Plan for the continuation or extension of existing hike and bike trails and identify areas that require new hike and bike trails that will serve as a conduit to City parks. • Provide site plans for various parks • Recreation Program Analysis • Identify Recreational Programming Trends • Lifecycle Analysis of Current Programming • Gap Analysis of Recreation Program Needs • Conduct a Multi-Faceted Needs Assessment for Parks and Recreation The Parks Master Plan update must align with Texas Parks and Wildlife guidelines/requirements and be approved by City Council. The updated Parks Master Plan will enhance the City's opportunity to qualify and compete for state funding through TPWD. The Contracts and Procurement Department conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide master planning services. The City received 11 proposals and evaluated them against the published criteria. The City considered four firms as finalists, interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest- ranking firm offering the best value to the City. Staff is recommending award to Halff Associates, Inc. as the highest-ranking firm. ALTERNATIVES: Parks and Recreation could continue following the existing Corpus Christi Strategic Parks and Recreation Master Plan, however, if not updated by 2022, the City will be at a disadvantage when competing for state funding and the Department would lose accreditation. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $273,789.00 with funding from the Community Enrichment Fund ($148,789) and General Fund ($125,000). FUNDING DETAIL: Fund: 4720 Comm Enrichment Organization/Activity: 21300 Park Acq or Devel-U n restricted Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 550030 Improvements Other than Bldgs Cost: $138,789.00 Fund: 1020 General Fund Organization/Activity: 12900 Office of Director Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $125,000.00 Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $5,000.00 Fund: 1020 General Fund Organization/Activity: 13041 Athletics Operations Mission Element: 141 Manage & Maintain Parks & Rec Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $5,000.00 RECOMMENDATION: Staff recommends approval of this motion authorizing an 18-month service agreement with Halff Associates, Inc, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP 2983- 10-Year Master Plan for Parks and Recreation Cindy Ramos Haiti Asakura Proposal Evaluation Design Dunaway Robinson Brandstetter GreenPlay MHS Planning Heffner Deign Associates, MIG,Inc. EDSA,Inc. Stantec p Workshop Associates Company, Carroll Inc. LLC &Design Team Inc. LLC Minimum Qualifications(Pass/Fail) Required cerfificofion or Licensing Required fiee years In business No outstanding lawsuits during last 5 years or current litigation Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass with the City during last 5 years No outstanding regulatory Issues lost 5 years References Provided for firm Technical Proposal(50 pts) 44 41 44 40 39 38 38 36 30 29 26 Firm's Experience 18 points Team Member Experience 18 points Understanding of Project Scope 14 points Interview(30)points) 26 25 24 25 0 0 0 0 0 0 0 Firm's Experience 8 points Team Identification 10 points Understanding of Project Scope 12 points Price(20 points) 19 20 18 15 0 0 0 0 0 0 0 Totall 89 1 86 1 86 79 39 j 38 38 36 30 29 26 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FD134137 SUS C GO SERVICE AGREEMENT NO. 2983 U 10-Year Master Plan for Parks and Recreation ,NOp POR Ff� xs52 THIS 10-Year Master Plan for Parks and Recreation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Halff Associates, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide 10-Year Master Plan for Parks and Recreation in response to Request for Bid/Proposal No. 2983 ("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 10-Year Master Plan for Parks and Recreation ("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 18 months, 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-month 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 $273,789.00, 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: Page 1 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FD134137 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: Roberta Rodriguez Department: Parks and Recreation Phone: 361-826-3166 email: RobertaO@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. Page 2 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance, which may not be unreasonably withheld. 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. Certification. (A) The Contractor certifies 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 certifies 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 certified 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 certifies 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. Page 3 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 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: Roberta Rodriguez Title: Contract and Funds Administrator Address: 1201 Leopard St. 3rd Floor, Corpus Chrsti, TX 78401 Phone: 361-826-3166 Fax: 361-826-3864 IF TO CONTRACTOR: Halff Associates, Inc Attn: James Hemenes Title: Director of Landscape Architecture Address: 711 N. Carancahua Street, Ste 1190, Corpus Christi, TX 78401 Phone: 361-400-4600 Fax: 214-739-0095 Page 4 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS BUT SHALL HAVE NO OBLIGATION TO 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 NEGLIGENT 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, REIMBURSE INDEMNITEES, IN PROPORTION TO FAULT, AS DETERMINED BY A COURT OR FORUM OF COMPETENT JURISDICTION FOR 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. NOTWITHSTANDING THE FOREGOING, CONTRACTOR SHALL ONLY BE REQUIRED TO INDEMNIFY FOR THE CONTRACTOR'S PROPORTIONATE SHARE OF LIABILITY ATTRIBUTABLE TO CONTRACTOR'S ACTS, OMISSIONS, WILLFUL MISCONDUCT, OR FAULT WHEN SUCH ACTS, OMISSIONS, MISCONDUCT, OR FAULT ARE NOT THE RESULT OF THE CITY'S SOLE NEGLIGENCE. 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 Page 5 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 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. 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. Page 6 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 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. CONTRACT dcLSigned by: � MGS (�UMt In l S Signature: Printed Name'. James Hemenes Director of Landscape Architecture / Team Leader Title: Date: 7/16/2020 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Approved as to legal form: Assistant City Attorney for Miles Risley, City Attorney Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Certification Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 2983 Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The purpose of this Master Plan process is to assist the City's Parks and Recreation Department in updating the 2012 Department Master Plan. The Department is committed to providing residents with a variety of recreation, cultural, natural resources and events. These programs are hosted at 189 neighborhood, community and regional parks, 6 aquatic facilities, and eight senior centers and 4 recreation centers and approximately 10 miles of public beaches. In addition to open space areas and playgrounds, features include walking courses, dog parks, skate parks, splash pads, and lighted sport areas. 2. Scope of Work A. The Contractor shall gather information by conducting community input, online surveys, stakeholder meetings and consultation with City representatives. The final product shall address the following: 1 . Concentrate on connectivity and expansion of unpaved trails and bike paths. 2. Have all residents within 10-minute walk to parks in an effort to address the parks system's role in public health and to incorporate Center For Disease Control recommendations. 3. High walkability to programs and events is important. 4. Increase adult classes and therapeutic recreation classes. 5. Update and modernize current recreation centers. 6. Continue to maintain existing facilities to a high level - be proactive in preventative maintenance. 7. Stay ahead of the curve with recreation trends, unique programs, and modernized facilities. 8. Plan for changing demographics and growth, additional families, and more seniors. 9. Create a greater "sense of ownership" among more park users. 10. Enhance safety and security features in the parks. 11 .Continue to serve high population of dog owners, some with specialized needs for equipment. 12. Plan for the future of South Corpus Christi. 13.Continue to develop access and amenities for all ages and abilities. 14. Be proactive with new technology in parks - Wi-Fi, registration system, online payments. Page 1 of 5 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 B. Planning 1 . Contractor shall conduct an orientation meeting with the City of Corpus Christ Parks and Recreation Department (PARD) staff to kickoff the PARD strategic planning process. 2. Consultant shall provide a project schedule indicating timelines and meeting dates associated with each component of the strategic planning process. 3. Contractor shall meet with a member of the Parks and Recreation Advisory Board (PRAC). During this meeting the Contractor shall provide an overview of the strategic planning process and anticipated schedule. This will also provide an initial opportunity for PRAC to provide feedback. 4. Contractor shall provide media outreach and public statements for the project schedule. 5. Contractor shall review all previous and current plans, research and studies that are available from the City of Corpus Christi that relate to the delivery of parks, recreation, cultural and leisure services, including but not limited to: annual reports, brochures, and pertinent city-wide planning studies. 6. Contractor shall utilize existing information to compile demographic and population information to provide adequate forecasting for future needs identified in the Plan. Perform and analysis of the demographic and population characteristics with emphasis on identifying the locations of existing and planned residential service areas. The demographic information should provide population diversity to include: age characteristics, ethnicity, income, projected population, and growth and non-growth patterns. The analysis will provide demographic information by areas/sectors in order to allocate resources as needed. 7. Contractor shall review local, regional and national trends related to Parks and Recreation. Such trends may include but are not limited to: a. Community Revitalization b. Green Infrastructure c. Sustainable Development d. Social e. Tourism f. Economic g. Health h. Demographic i. Technological J. Urban Development k. Parks and Recreation Administrative Trends I. National Recreational Trends Page 2 of 5 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 m. Parks, Recreation Facilities and Programming Trends 8. Contractor shall perform a comprehensive review of the City of Corpus Christi Parks and Recreation policies. Develop recommended changes to existing policies as well as recommend new policies to improve the delivery of PARD programs and services. 9. Contractor shall prepare and present a technical report and presentation to the Parks and Recreation Advisory Committee summarizing this phase which shall include appropriate graphics and visual aids. Technical reports to include recommendations on city-wide planning sub areas. C. Existing Programs and Facilities Analysis 1 . Contractor shall review existing reports to perform an inventory and analysis of all existing City of Corpus Christi Parks and Recreation facilities. 2. Contractor shall identify the un-served current and future growth needs by developing service area maps utilizing industry accepted mapping technology. Maps shall illustrate and identify park facilities and open spaces and include all amenities such as but not limited to: athletic fields, picnic areas, playgrounds, trails, greenways, natural areas and any other special conditions. a. Develop a mapping methodology to evaluate areas of the City on various criteria, such as: L Adequately served now. ii. Expected to adequately serve the projected population growth for the next ten years. iii. Not adequately being served at the present time and/or lacking specific parks facilities, programming or amenities. iv. Adequately served now, but not expected to adequately serve the projected growth. v. Excess current service capacity. vi. Accessibility/Connectivity. b. Contractor shall evaluate pedestrian and bicycle access to park facilities from adjacent neighborhoods. Evaluation shall include: L Existing conditions and availability of sidewalks, trails, or other pathways that are available for park facility access. ii. Identification of public transit access to neighborhood parks. iii. Identification of access barriers, such as failed sidewalks, non- connected trails/pathways, safety concerns, fences, natural barriers, inadequate public transit. iv. Evaluation shall include a map of all parks and accessibility/connectivity findings. Page 3 of 5 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 c. Contractor shall utilize staff and public input, surveys, and contractor's observations in order to assess the current recreational program offerings, staffing needs and customer satisfaction. d. Contractor shall prepare and present a technical report and presentation to the Parks and Recreation Advisory Committee summarizing this phase which shall include appropriate graphics and visual aids. Technical report shall include design guidelines for park greenways and natural areas. D. Needs Analysis 1 . Contractor shall conduct a meeting and interviews with PARD staff members regarding their perceptions of the needs and concerns for improved services, facilities, programs, parks and open space. In addition, meet with other appropriate City staff such as Public Works, Economic Development, Planning and Zoning staff to identify mutual needs related to the delivery of quality parks and programs. 2. Contractor shall conduct two public stakeholder meetings with representatives of each planning sub area. Anticipated groups to include senior citizens, athletic groups both youth and adult, cultural arts, private and non-profit recreation providers, school officials and other appropriate representation. 3. Contractor shall perform a statistically valid survey such as mail/phone/social media, etc. for each planning sub-area. The survey will be used to identify: a. Current satisfaction levels with programs and facilities b. Participation in current programs c. Parks currently used d. Park amenities desired e. Need for additional indoor and outdoor facilities/programs f. Need for improvements to existing facilities g. Preferred/acceptable method to travel to parks, i.e. walking, driving, public transit, cycling h. Identify the primary PARD functions to be performed. 4. Contractor shall create benchmarking comparisons of five other comparable cities. Information to include park acreage both developed and undeveloped per capita budgets, capital improvement program budgets and types of programs offered. The City shall approve questions prior to the benchmarking survey. Page 4 of 5 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 5. Contractor shall perform an analysis of the results of the mapping of parks and facilities and review of the public input process to identify portions of the community and target populations that are underserved. Maps shall be prepared for various facilities such as athletic fields, playgrounds, picnic shelters, aquatic facilities, recreation centers, to identify the distribution throughout the City. 6. Contractor shall prepare and present a technical report and presentation to the Parks and Recreation Advisory Committee summarizing this phase which shall include appropriate graphics and visual aids. The Contractor shall make recommendations to address service deficiencies and develop level of service guidelines for recreation programs and park operations. E. Physical Planning and Recommendations 1 . Contractor shall identify needed capital improvements for PARD based on collaboration with PARD staff, previous stakeholder findings and financial analysis. The capital improvement recommendations will guide development and improvements of parks and recreation facilities and programs. 2. Contractor shall conduct a priority assessment with PARD staff, to identify immediate Capital Improvement Project (CIP) needs and long-term CIP project needs. 3. Contractor shall prepare a summary report to the Parks and Recreation Advisory Committee summarizing the Capital Improvement Projects recommended. Technical reports shall include phased Capital Improvement implementation plan with specific strategies for parks, greenways, and natural land and existing park facility improvements. 3. Special Instructions Draft and Final Reports A. Contractor shall prepare and draft the 10-year Master Plan for Parks and Recreation for PARD and the Parks and Recreation Advisory Committee review. B. Contractor shall make a presentation to PARD Management and the Parks and Recreation Advisory Committee summarizing the final recommendations. C. Contractor shall prepare the Final 10-year Master Plan for Parks and Recreation that includes all components of the planning process. D. Contractor shall make presentations of the Final 10-year Master Plan for Parks and Recreation to the Parks and Recreation Advisory Committee and City Council. Page 5 of 5 DocuSign Envelope ID: 143A3E10-7612-4861-B81F-E07479FDB4B7 ATTACHMENT B: BID/PRICING SCHEDULE 10 YEAR MASTER PLAN 15.3 D: PROPOSAL opus c o CITY OF CORPUS CHRISTI > Pricing Form v CONTRACTS AND PROCUREMENT DEPARTMENT NO FPPpE 1852 RFP 2983 10-Year Master Plan for Parks and Recreation PAGE 1 OF 1 DATE: May 8, 2020 Halff Associates, Inc. PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1.0 10-Year Master Plan for Parks and 1 Lump Sum Recreation $273,789.00 (Include an itemized work format for the project's costs for services with Pricing Form :C: HALFF Page 1 OF 1 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FD134137 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A.Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Page 1 of 3 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. Page 2 of 3 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Ins. Req. Exhibit 34 Professional Services - Errors & Omissions 05/23/2019 Risk Management - Legal Dept. No bonds are required, therefore, Section 5. (B) is null to this agreement. Page 3 of 3 DocuSign Envelope ID: 143A3E10-7612-4861-1381F-E07479FDB4B7 ATTACHMENT D: WARRANTY Section 8. (A) and (B) are null to this agreement Page 1 of 1 14-01 �w CORPUS CHRISTI PARKS& RECREATION 10-Year Master Plan Council Presentation September 8, 2020 GNW__e)'F1 Plan and ApproachFaR T PARK56 ➢ The purpose of this Master Plan process is to assist the City's Parks and Recreation Department in updating the 2012 Department Master Plan. ➢ The Department is committed to providing residents with a variety of recreation, cultural, natural resources and events. ➢ The 10-Year Master Plan will concentrate on the following: ■ 189 neighborhood, community and regional parks ■ 6 aquatic facilities ■ 8 senior centers and 4 recreation centers ■ 10 miles of public beaches ■ In addition to open space areas and playgrounds, features include walking courses, dog parks, skate parks, splash pads, and lighted sport areas. GNW__e),FI Selection ProcessFaR T =t ➢ RFP through Contracts and Procurement for a competitive bid (Chapter 2254 of Government Code) ➢ Selection Committee comprised of Assistant City Manager, Parks and Recreation Director and Assistant Director, and Chairman of the Parks and Recreation Advisory Committee ■ Committee scored each firm submittal individually ■ Committee met as a team to review scores and select a firm based on highest score hkall Public Engagement Plan CHRISTI � Z=pt wccwEnriory ➢ The Contractor shall gather information by conducting community input, online surveys, stakeholder meetings and consultation with City representatives. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredS(a)cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Automotive Parts for CCIA CAPTION: Motion authorizing a five-year service agreement with Advance Stores Company, Inc., dba Advance Auto Parts, for an amount not to exceed $275,000.00 for the purchase of automotive parts for the Corpus Christi International Airport (CCIA), with FY 2020 funding in an estimated amount of $5,000.00 available through the Airport Fund. SUMMARY: This motion authorizes a five-year agreement with Advance Stores Company, Inc., dba Advance Auto Parts, through the Omnia Partners Cooperative. This agreement will provide automotive parts stocked for repairs on equipment and vehicles by the Aviation Department at CCIA. BACKGROUND AND FINDINGS: Motion authorizing a five-year service agreement with Advance Stores Company, Inc., dba Advance Auto Parts, for an amount not to exceed $275,000.00 for the purchase of automotive parts for the Corpus Christi International Airport (CCIA), with FY 2020 funding in an estimated amount of $5,000.00 available through the Airport Fund. The Airport does not have any agreements currently in place for the acquisition of needed parts. Parts have been procured over the counter as needed. Therefore, the Aviation Department reached out to the Contracts and Procurement Department to issue a contract through the Omnia Partners Cooperative. Contracts awarded through the Omnia Partners Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. Approval of this contract will result in a 5% - 65% savings as compared to over the counter list pricing and has been chosen as the best method of procurement for these needed items. ALTERNATIVES: An alternative would be not to secure a long-term service agreement. However, the Aviation Department would have to purchase parts on individual purchase orders, which would not be as productive. In addition, a long-term agreement will lock-in the cost throughout the term of the contract. FISCAL IMPACT: The fiscal impact for the Aviation Department in FY 2020 is estimated at $5,000.00. The remaining amount of $270,000.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4610 Airport Organization/Activity: 35040 Facilities Mission Element: 271 Maintain facilities Arpt prpty Project # (CIP Only): n/a Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with Advance Stores Company, Inc., dba Advance Auto Parts for the purchase of automotive parts as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Price Sheet Contracts & Procurement Automotive Parts for CCIA Sr. Buyer: Minerva Alvarado Omnia Partners #2017000280 Advance Stores Company, Inc., dba Advance Auto Parts Raleigh, North Carolina Item Description Discount Total 1 Automotive Parts, Year 1 5%-65% off catalog pricing $55,000.00 2 Automotive Parts, Year 2 5%-65% off catalog pricing $55,000.00 3 Automotive Parts, Year 3 5%-65% off catalog pricing $55,000.00 4 Automotive Parts, Year 4 5%-65% off catalog pricing $55,000.00 5 Automotive Parts, Year 5 5%-65% off catalog pricing $55,000.00 Amount not to exceed 275.000.00 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID:D1AE7865-6FB2-490D-B9DA-D575D5F19F66 SERVICE AGREEMENT NO. 3214 Automotive Parts for CCIA xsr!sx THIS Automotive Parts for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Advance Stores Company, Inc., dba Advance Auto Parts ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Automotive Parts for CCIA in response to Request for Bid/Proposal No. Omnia Partners #2017000280 ("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 Automotive Parts for CCIA ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Periods)"), 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 $275,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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-Airport Page 1 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-B9DA-D575D5F19F66 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: Lawrence Thormaehlen Airport Department 361-289-0171 ext. 1249 LawrenceT@ccfexas.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 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-Airport Page 2 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID:D1AE7865-6F82-49oD-B9DA-D575D5F19F66 7. Inspection and Acceptance. Any Services 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 fhe 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-Airport Page 3 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AF7865-6F82-490D-B9DA-D575D5F19F66 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 if the subcontractors were not named at the time of bid or proposal, 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. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 related 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 posfmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Thormaehlen Facilities Section Supervisor 1000 International Drive, Corpus Christi, TX 78408 Phone: 361-289-0171 ext. 1249 Fax: n/a IF TO CONTRACTOR: Advance Stores Company, Inc., dba Advance Auto Parts Attn: Casey Brannigan SVP/Professional Customer Engagement 2635 E. Millbrook Road, Raleigh, NC 27604 Phone: 919-573-2571 Service Agreement Standard Form-Airport Page 4 of 8 i DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7665-6F82-490D-B9DA-D575D5F19F66 Fax: 919-301-4079 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) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Confract 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. Service Agreement Standard Form-Airport Page 5 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-490D-B9DA-D575D5F19F66 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 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. 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 Service Agreement Standard Form-Airport Page 6 of 8 i I DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-4900-B9DA-D575D5F19F66 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. 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] i Service Agreement Standard Form-Airport Page 7 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D CONTRACTOR (:�s cuSigned by: Signature: " fY��59EDOAE1154DF... Printed Name: Casey Brannigan Title: SVP Date: 8/13/2020 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 123 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Airport Page 8 of 8 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AF7865-6FB2-4900-B9DA-D575D5F19F66 Attachment A: Scope of Work 1. Contractor shall provide filters, brakes, engine parts, body parts, supplies and other automotive parts. 2. Parts will be ordered on an as needed basis. 3. Contractor shall deliver parts to the Corpus Christi International Airport at 308 Hangar Lane, Corpus Christi, Texas 78406. 4. In stock parts ordered before 2:00 pm will be delivered same business day. 5. In stock parts ordered after 2:00 pm will be delivered next business day. 6. Contractor shall deliver parts between the hours of 8:00 am through 5:00 pm to include Saturdays and holidays (excepting Christmas Day). 7. Contractor shall have a bill of sale upon delivery. i i Page 1 of 1 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID:D1AE7865-6F82-4900-B9DA-D575D5F19F66 x W N a f= Attachment B — Pricing Schedule i City.of Corpus Christi I . Quote Form . .... 1 i5escription Discount . . .... i Automotive Parts for Chevy, Ford, Dodge & 5- 65% based on SlJ Iles : Catalog pricing I; Omnia Partners Contract #29,11 7.,0=280. Nat to Exceed 7 $100K.00 COMPANY: Advance Stores ompany, Inc.. DBA Advance Autwo Parts NAME.OF PERSON AUTHORIZED TO SIGN: Casey Brannigan; ADDRESS: 2635 E Millbrook Rd CITY/STATEIzIP Ralelghi NC 27604 919 573-2571 riau@ad4ance-auto.com EMAIL: .,-.ash ka Ax: 919 3Q1-4079 DATE: Jul 3 ,2020 SIF SVP/ Professional Customer Engagement SIGNATURE:7775N..... TITLE: . i i Page l of 20 } DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-490D-89DA-D575D5F19F66 i z eoa a n 'o s =x " m dx x s s b %D O C1 - . _ p �_ aF.. n• `a- F. 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S: IL F- N-"T, U G;-: a F- S 4- 3i - W N U ill to w d :c: cn vii � w m of d G x x x = r x r C m eQr �x n w n' g n m 'a oar ¢ a m a a ` a v a pL rn C T a ao c cn LU a: u� m: CO n, u an m. in. [a V) w F. Q d Q Iii r to 2; a r: �.o Page 2 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-B9DA-D575D5F19F66 It ',, € 40 tj {{ ... - J! , C a a ry a r :rlG w u T. ` m u z ;o N u W, - x 'Eli E le 555 �I y - C F f J I { ZT F; Page 3 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-490D-B9DA-D575D5F19F66 Cy _ a . , '7 + is m .ot m Z N M' w ~� -t r+ :m °.n �r .ac '9 r"# �r:,°� a n 'R r tri vt in .N h. 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CL IL o .aaq,JI MI. CA O - ' Page 7Q of 20 r� ! . DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-B9DA-D575D5F19F66 N V n C !r�!gqt 1(i 4 N `'n, rrt w Q G ib lG �G to m Ui wr'..o A A a h `p i•j T q a0 0 a A4: K u uN., o LL Y ,�.�'. Z xa-Y in m n ¢ -:� m - a a -? a r r r F- r r V -Z � Z ai" Z 5- Z 2 rL;Z ¢ d 4 'Q Ci O-0 w W w W w- - +C 4 Q a :Q a s :a Q, a a Q 4. 4:4 4 E m m'm.m m '� m m m�m m m-m Z ob o 0 oti 0 W. 7 r �:>, y > z > y a u u u' z z z z > > r ? 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'ov v a •+;q 000 0101- LLU R a N m v w T LT m alt Page 13 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-BDDA-D575D5F19F66 O N N N M m a N G v W m W a Ol Ml a a a a N N e:� Nrn u, $ aCf ClCtOt� f1�Ct O tjauuf7ClV a'•aOuaa a dP P NPN N �nr:ia w.rn m rnr� v,� � in �^? 2 m u, z N ui�+}4}•v u u � Z N u ui u ul Vi u u u iu�ul u � u�u u utJu l.�u VV u ar. 17 C7 pp�q� cS l7 l7 lT�i,?❑ �vl�Q DO000'O D�OOQ.O QO On•O' viuu ¢ rxxrxxxxx �x mxx xN x xo aaadacracra'aa o888Czacdmf - uuuu uuuuu W3 u .n �., cul.+ � ,,, .,, z zuu uvuuuuu''uu �uuuuuvvu Vuu'. u �. u v r } r 'N a r r r �. r- Z Z z z z z z 2 2 2 2 z' rz r2 S a z uu :u u u'':: a:6 w a}? ❑ a f f f f' f f i.v z. W = om aaz000nno: 0000aoo Q o w u uuuuu u u � uu uuucsu re ¢ s ci+ uuZ a " ` O O _ w_ - w .� z Z O G O : _ wNO000000000006000077O - 1wa a s x N x x z x x O a a N g r x = x z x z I z w w w W w �? o ©.o o a O O D - - - - - - �I _ z ; 2 Z 2 ¢ z ¢:.c O O M f s a .6 z s - ¢ s a w u S9 ti w - r - Z x ¢::Q 4 a Q ¢, a.a 4 4 4 a:Q a. a .0 u.u V u u u S! h m moam.a IR cn a, ma,m aai $ o .+ Imem m owv na r Mmn Nv .�. a n Tr. �a �o Ti o .a ai a�:r m a M r.e ti cs cc v c5'. o ci a :✓� n no is n to M:ud . w w' M omoM n d o m g n o M $ oa moa m h om Nm:a Boa nH �m n:h M '� o n � � � mtim Na• w- _m �w v+ea, r Mm n � Mj M:o� vM -m m �+ mm M rw .fie� .+ ..:T�i QQ P m g G, r� m o Boa cG �m m vi H m rmi N N �'N N yl N � .� N N N N N W VI Vl •+ O o �G .M ' VI yl N N'� N h v� uw V� Vi N✓� i ad P O'O O O O' O O O gyp' +� 'm A .-� �D .-i � � !+:O P y: ?1 hl m s/1 rY m 4f5 5Gt M N T � N N N I bl �,a a d -! I I b ' O O M 1O P P '9 P C�P P O:.P P P C i7 6 D� o? m m m ey m ✓� m m 9 � y ¢ i[ E v' CA: Oma CNd mma'1o.ri:mTM ,rnn auti. uOcai Am�i mM 0rna1S vi nocf mN ee nmv Cv5 wv' Sm 5 - � m G i C �•i m ao o .. - a+ n m. v o m h m �a No o ra N N': g 'v m M w m m:v m:. m n. v-aw t Q..N a. O : H 71"ti N M1, M N N .ti N ry r-i N; M1 �D ti, O n LO' O l� O Zw Z Z i i O Z Z $ ILII ° .ry l-l77. C: c C - .. _ O O _ V 2 q 2 Z l5.ro % Z Z 2 Z $ G C z oac C e�'1c.a K K oaC Z Z C _ _ p O 1 .N u u u u �+ -w'm 6 D O D'n O O O O u u ,Y c e' a e' qr c c ''c e e er c � e' c c _ e A a a� '.m u O O w ¢ ac -,v a .v ro a a m a s �j r m'm m m C a 0 > > F. 0 u � ].7 0 5 7.7 .O e 7 4. C1 Ok. n a a Q a':� a Q 4 a n a a E .N p 10 J 0 0 0.0 O O �y i7 L7 l7 l7.l7 ON NO p d.E E EE E E :E E E E E E E E E E S a 7 7 V 0 O O O n-O c P o pl ''�v 4 a ¢ a fa 4 M a'`❑ ':� �: f_E; f E '� a s "'''�r u v u u u v. u u 4 v u u u u u c m m 3 3 3 m m m m m x ¢ m �UaOeae:000 p p O 0 Om O O O O a 0 0 o o a. pQz 0 LO (507 QEm A m n 9,.E E EE E EA z uu uu u W u ue . .. - o Q u 1O u w " " Q i g ❑- -� � - W OOD zu Z-O nan ZOr Oup.¢ ¢ ❑o 'H a z '�^ C] �., r .., F O w „ a O Q o O a u-�-- 4a ❑ W z x '' a n m 0 7 x O a O.❑ 7 7 .a a O � r- r -M r r r �- �- r .w w ❑ w O `� f - v, Z l7 ❑ o - wu � � � tis �uua 'aad am � z � o " r co ao- u o - u �. �% 2 2 2 M f m ;; N ❑ ¢ x :7i 3- ❑ W w m m - pO ss:= iz - p �Gd000aa �' ❑ 0 Oau w W ow:o � 0- .� g �8� 0� � � 4 r Q a p. p:. a[ a s d� 3 II , a W . u[ m P C ~ C $ P O P - G /`� N P O Q O O Omi O w v m ti m O P � Phi Q a C7 C7 a O O a dd O CI C Q a a cr stlif N uO J01 �.W/ OI T ry N n n a cra d H a P P m .M W- N m Nr S cycrc dacro�.cr'acas � Q000O Nm N P U U V: . -k V V.V.'U V In in .. vai uai ip cO N N Page 14 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AF7865-6F82-4900-B9DA-D575D5Fl9F66 14o .. ..o o '.� c rn .N .=s o ry :n m o a ff .: P a _ m a N x '. .° .Q1. � w d � e � a a , - I 1 a N J .'y i-. ;- .+ f a N r.a7 n m a >y H OQ w ii rP+::N ~ ~ ~ ~ w r'':u a N .moi .w a N a a F a ¢ U V,U�NI W CJ U V mV V 1/I V U U U ./1 N V=C:.i V W i.A V N N l'.F YS N'V V V U U 19, 3 3� 3 3. 3'', 3 3 3'3 n g a a W W.W u u u uj u Lu) W V U u V `trr �u;V u-u u a.t1.V u u u uu�ui V w u.,J V V V w lJ n ❑ ❑ W W I N 'V1{R`iif.IA VG V-GI.JGGuGGGu „ GGG �, GGGG:GGu :G��-GG:G.G.GGGGuGG� GG-G ''O 0 7 3 J 0 3 on n g 7 D 7 7 'O 7 7 '� D g 7 O D z J m 7 ❑ 7 ;D 7 O O-D n O O n:❑ n-❑.❑ n ❑ ❑ p a 0 ❑ n 4 n g q ❑ O n p q n ❑"n a ❑ q ❑ a Ip n n no 1J EJ ❑ pp EA O 0 O CY Oa O O O O O'O O O O. 0 0 o 0 0 0 0 0 0 0 0 a'0 0 0 0 0 O O O O D 0 Q 0 0 - m oe ¢ m ¢ 6 ¢ 6 6 m a s m c ¢ ¢ a s ¢ c m ¢ ¢ a< ¢ m c ec s a w s x G oo ¢ ¢ aatM 000'0 oC cc er' 0¢ ¢ am ¢ ¢ m ¢ a z ¢ ¢ Beam w ¢ ¢ aea ec acsmm W N N vc W N N N O x Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 Q O o 0 0 0 0'.O n wo 010 0 0 0 0 0 0 0 0 0 0 0 0 0 F . 1- W W 1-- a a F r F- h M`F h F r r B r h' h'W W f^ F h F'M"h'1-� h r 0 H 2 !- F F Y w F w .. wu D CJ rj V nns ¢' 00 0000 ~OO Dp 0 O 000 � C~Sd O':Q OOOO d O6Q O'~OQ 15000C~7000 7.7 O 77 >-O OD m m on ❑ ❑ nn"0, ¢ nc ❑ o � Ef f � g � f � fisf �': f' � flfF F O O O.O O O a s c++_w ❑ n-❑ 0 ❑ 0 0 0 q n ❑ ❑ ❑ d G O q n p ❑-❑ 4 0.O O n o n' ❑ ❑I❑ q ¢ 0 ❑ o ❑ ❑ ❑-n nc m � ¢ c ¢ ¢ a x 2 Y — a ¢a ¢ a a a ¢ a� ¢ r, ¢ ¢ m a ac ¢ ¢�a :'m oe ¢:a ae a ¢ o:•„ o_ ¢ o= a rl m 'a�a ¢ ¢-s a `~ a d•4 a d a a a a; a s a, b a a a 4 a ¢ Q Q a All a o a ¢:a4d aO O Oo 0 0 0 hoc a n a ❑ ❑ ❑ a ❑.a o'. n n n a a q ❑ a 'o ❑ o n n ❑ nn.❑ ❑ o ❑ n ❑ n nu u l u u V a z z z z z z z z z z x z z z'z z z z z z z z z z z z z z z z z z z z zz z z z zm a o� 0 0 s. j 'a 'a a 4;a (ate a }. 4 a a 4 4 a a d a:Wa. a a a a Q a a h- 1^• ❑ O n:;❑ ✓I N t V 1�9 In.F .~FI Lei N M ris V~t. �:~. �'N V~t N h N{�.N N s 1 N.V~I 'l VWf N T zl,R — MQ� O h V m O Q:M u1 V ip'm O OI O.pp p m fli pp p bb 00 pp h O'O:O Jf: - O O �! O O T W h.i/. O N. o'�-a c• ti c.a ry q r w n m-o cc n. ;. 4 m:o d'cc'ou a� ❑ v ai ad v N o n r'W± W w'T:N N m r m- ..o h m D m ro m .y' m -o n ra ,r ce;tr n N w o N m O�'� � .�-r O i+M 1�✓! pi'iI R fel n �6 W'M H ��N`N N .-. •' N:N N N N.✓i W +/! W N W N W�}i N N N N N V.i - - N ./F fA - M 8 .•'I Ot .Ll •I1 �, f] a n N W V N N .N jtl H N N ri O T n dt C7 m.T n-ry 0 f[+ 1h. co.A wi H vi T O .p p a P q fj [J',f7 p,p C] O t0 a 616 O O o O O O o:G o o o non n+ N p 0 0 0 1V C p G 3 M wmaeNoo m mea m + mm oPopoa0000000cn000 0o a0000_a o 00000000PesQQOP a f[ :N -N N N N N N N N N N N ry N d I � O m ,�Ot O1 01 p1 N O. Q.O1 m T -'� 0 O� V 6� Va T emi,N W rWi m W M,m Q• Q'fd Ol dti Q - y T OI P! A Q. fA O,:iT � N 60, rt:.D.Q'm W �.O Q N m 10..m m N T N O 'Ol' .-. N M T O P O O Ci 6 O O --r+ C O O O P a - .a � m 6p'. T W p 3 W Q• m .+ - W a 1m,+1 O c, [] h mvPom.mO 4piOp epNa o'oO L O V tl M T N n N N d1 Qn:W Grp d T T M N N N N N N ry N N-N •+ �:{� .� H _ N .y- - � O Q ,2 n e U'y 0 O 7 a D.. Q 0 0 7 a'0 0 7-n o > j a j 0 0 7 7�O 7 .❑', o n n ❑ n n ❑ O ,, n a o ❑.n ❑ o g n o n a cs o:o a o ❑ ' 8998808 ,00, 088❑ o ;n'a 0 0 0 0 0 0 0 W 0 0 0 O:O O O O O 0 0 0 0 0 0 0 0 0 0 -- : a6oe ¢ 6a ¢ ¢ GW am ¢ a ¢ aa ¢ 6ac � aaeaeeem ¢ rcm ¢ aiiaama ac ¢aaa m ❑ a a a a s w V _ 0 0 $' 0 0 0 0 0 0 �y >J N N ¢ a m a a ¢ a ❑:'� z-rc m m z a_ ¢ ¢ 8 ¢ ¢ Q a m a[ a ¢ ¢ ¢ ¢- w v u u u V u V V 0 Z o o '0 0 .00 O O 0 0 0 0 0 O O O O d n 0 0 O.O b n 0 0 0 0 0 0 0 0 0 0 0 0 0'D N o h ¢ W r r H r r r r r r h r r h ti ❑ 05dnEEoasaso5ao ooa00 'S v o1bavv a vv nnaonn ❑ HNoQo ❑ y ❑ ano0 good n ❑ ❑ o oa ❑ ❑ ❑ d ❑ ❑ o nda Q � o ;o 0o ao z g mrtee }% aaaeo gF 0amocm2a ¢ ccm ¢ o< ¢ s amm ¢ a ¢ ¢ mm �x ¢ aaammae n a a 4 a d g 4 4 K a a 0 0 0 0 0f "' o ❑ O q ❑ q..m Z n n n ❑ 'O ❑ ❑ n ❑ n n ❑ n a n g q n q p ❑ _ V V V V y V V V iJ oC y. y 2'Z 2 2 Z Z 2 n 2:Z 2 Z 2 2. z z 2 z Z Z z 2 z..2 z c5 O -2 a W m a 4 N Q: N ¢'¢ 4 Q d a a1 �_ 9 9 ❑ o n ❑ ❑ n: CC '¢ ¢ S'�¢ ¢ em-.. Fm-:K o''n N ~ ~ F N Lr h! ~ c vhr h' ;nN NN TC ti Li Z W W ❑ N J U.2 ? V a Z z 2: �:z i m z i i i p J `mW v .+`ry N rov m. a "J o pp Dae' O ,., f iv 4 13.17 O f- a 3 W G _ - ¢ - b O z 0 ` w W a a .¢ V } 3- r "' 3 u+ ' 8 w u a ;•- F- s j ¢ s w a l7 W e; w ¢ � ¢_ W Q w z lry z � ¢ m � a ❑ nv no noa ry f'x ❑ i a z �- o � t r _ � a j S a 7 F z u z . i� 3 ¢ m 2 W 3 3 3 3 3 i z k 3 '3 z a ¢ 5'S 3 3'3 5 3 z W n o n ¢ 0 a,, s 0 ac a a 9e a n a ¢ a 3 n V:,z V :f a r a: 'W },va N > 13 r a ¢ ¢ m O �- a �n m N ¢ a Y a,� 4' a e}c 0 5e r < N ' ae� o< ¢ ¢ ¢ o: ¢ W z .w � Wv FN rOW avQ 3a,6a '3 � ¢ �. 3a ¢„ai3wa333 m ¢ "„ � �+.m ,}m„ ; aaaa aond0 = 1�J ~ s �_wl= � k � � — o�"ew �:� F4f af'agfo � `: 'f:..f $ jyf o-p ¢ ''c'..� p _ ap 7 oOs '.3 — mm:P s.oW -oao ma.o w3 'a w n ¢ p .. }r: d u v a v a.n: .• 0 m a 0 ❑ 0'i m a m S O 5O' N .: a s"a N Q N.'.y 1N ry n. a' r .Ti T R m Wp. W OP N N w rt N W W O T O W. n a: .s fi: a 4 V I- .O V. w m a Nry a .m, '�+ 10 .p ❑_m V U V h" :..J h r a r:m w W F H r f-. W!`. r-1 W 'W V1 m W V U W V m V: V W V V V V :U U U. W V W W ✓; U V.V U'.0 s/4 V U I p ^` -oryoi m. oP - to oc4.V.v: .=i V ,a:m -.w. G:m N:P - T�r pp�f yy pppp QQ�� , am't O! p O P P'P P O b O.P O er N:T .N. h m P� O .-. N �+i Q ✓; .O h"m O� P �+. p-N N M1 m O� O rk N N nT V W 10 Nm;N �tli O- - •"� N �. N N N:N N N N N N N N N ry N N N N'N- N N ry N N � N N N T N N N N n N N N"N ¢ a N Page 15 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-490D-B9DA-D575D5F19F66 ...... .. . .. rj ei ��pp Nf O iJ N'ul O� u1 ryry�� Q O�l Q SD 'b¢' O t O M Oi O'.O , a . . . . . . pp N b O N N M N W 2 Z 2 app �E IW m �+1 W �O �O �➢ N sO O O . O IN . O O . . Q n 0 h W W 1` W W m N m W m W W l7- - of f f � mc�imry W � vivuv.vi t3 'Uu inu u,uuuu 1 - 1" I .. � � � i I I - I:. uu uuu uu .uc:+ u VVV u '] uu- Um, u u LL �. W Y", s S x s x E x 2 S x I � x- - - w W W W W W W �Y'y, LL l7 x S 2 x x.2 .2 2 x S3 7C x s S x 2.S. 2'2 i' x S z fi � S 2 - �A N ✓A N VM h ✓� VI N VI VI �/Y VI N 7: 7 7 0 ' j 3 p 0 3.0 a 0 v O ❑ a ❑ C 0 0 a ❑ ❑❑ a a 0 0 0 0 0 0 0 0 0 OO a O'b w w w a6aaaa aace a-moC a 00 O OPO OCSOOO P Pq C) pP O 0 0 0 0 2 2 v o v 2 0 0 0 0 0 o d ., J 0 u u uo u u & u u s v u u u u u u u uuu Cd u u0 r t- r E-r r�t- r r F- r- r F r r r u ti a�.� O P Q a 000000006 POPPPpOP z yzZm 'z Z Z a.. 00 a � a '.ocsawla m a e: ¢ W'aa mrc oca � Wa . _+ w % w W W W.W W W W w W W W w .W W iu W W O `J .`r. 7 w. m m m.m m qj m,W m m m m m m m w m m m m m m m n:❑ ❑ ❑'a ❑ ❑ a'❑ ❑ a bla ❑ d o a P LL a m m m m m m m m m m m m m m m m m m m m m m m m a-a 6 a a a CG a a a a oC.W a m a a a ',� H N00 N m ~ ~ 4 a �S.4 a a-..4 a tq u,C9 P „�, u J u 6.a e~c ¢.ua, a 2 m ¢:c s a a a ya� tt a m,a. s a a pt er oc a fL - 2 z Z z 2 Zi 2 2 Z Z 2 �L WJ _ ¢'❑ W LLNi y�j w >u � u�/ W W W W N W w w N - aaaaaaa. aa a4aaa4a a � 'aaak � 3s r � ih w � r � r � r � � � r wr w ~i LL r w c0a'� L g:iv �'�' �' is 0 Ot NFI'01 p OR O W ryNO NM O ry r!h N N m N to 00. 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O Qi O �O .r N C O m 6 M m W i'D 4� Ni M m N OP © Oi ✓� ry O O M b Jdt N.ONO.m:ONQ A rt wi W wf .y ry N .�'� •'S N .+ r N Q � M O h ti W rrva eN,1 O d' h N A h tb:10 N h 0 ' ? 7 7 `f 7 5.. f3 p 7 .O ` z Z i z P 0000:0.080008P00:Pv. lw7 70 z z m� aam,yu7 l m m u u c��w O OW Oa a Oa Oec Oz Oa 2a .a Qa a a w a w pw OO.a.. 0O pp [ 0Op0aO CD d 'u Ouuuuuu u P u u u U u u 0uai 0w.. u0 0 7a ❑ azz v u 0 0.00 O Pr � OO P a Nmr o;o Www Ww W w w a n v u_m m m m cp m m m m m m mi m m m m m m m m m m m m❑ ❑ d o o ❑ n ❑ ❑ ❑ ❑ 'a❑ ❑ o ❑ a � "' m m MAI a 4 a ¢' 4 sR dJ'r r oc a ❑',❑ © ❑ ❑ ❑ ❑ Q O ❑ -❑ ❑ ❑ a 2'2 z z Z z 2 z z E m m n U l.7 L7 x a v,F r �- �•-t- r r r.1- r i= r'r r. H.Y :. 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N 1,171 TTI.T- NN ri pmpNt�1,61181811, Page 1.6 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-B9DA-D575D5F19F66 M IF b �p pqt 4 4 R qR p Q4 RM" b P] r^ p Gq o Ohy m r6i eV a `D 'y aOo "d d5 a0 m b N ..E P g4 " N N fi b b C lO $ P 1D N YI 01 Q O1 01 rf Ol 00 YI V1 N .-I 00 N IQ A Ni Al N ��py �B rl M? Q Ot $ N !h~ ESV-pll 8 8 A b b O M1 N M1 00 M1 m m h h x m h h M1 M W m m V' M A R l:J C7 m S h A m OQ 00 A V' W 777��� W M O'� M1 m W V1 vl vll�p pp g01 I I 1 I ! 1 1 1 I I E I I 1 k l , ! i l l 1 { 11 1 r" V V U U U U U U U U V U U W U W W W W U W W U V U V U V U U U U U U U U U U V W U V U I U. nql m m m m 4X1 x z x z x z x s x x s x x x x x x x x x x x x x z z z z s s x x x x s x s x x x x x ,'� 54 � W s 3 3 ❑ a > > xxxxxxxxsxxxxxxxxxxxxxxxxxxxxxxzzxxxxsssx x .r ,.1 .., .� .., CI 11 U lJ ' N ✓l � Z Z 2 .'!' toil W3 -Z � y1y/� �rui�,� u u u u v u u u u u W W u U W u u u u u u u u u u u u u u W W u u W u t1 v u u u a o C �c mxoc � z ¢ ¢ �c � m ¢ srtmaam ¢ m ax � m � � + rcrca ¢ uCc a� xmu9 °ai °� ❑ ooIii C7Jli -� �' �i W w W W W W W W W W W W W W W W W W W W W W W m 3wA m CR m eR m m m 4S m m qry m W dk m t6 m m m m [q W m pm, per, a O p Z Z 2 Z' e0 .m a n o ❑ a > > m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m rxa!�cxa x ct �;c� ¢ s ¢ oe a !!� oeet =!� Smmm . !arcaaeamE1151515 a ¢ ss S :3 ¢ �,hO-i 1o1©©IManO+r le�N� olpmpqln�qq tnro1O,1,�a,111>'s'Fk vtiNAh l4 y�n r yu((Chppri �O0l l�„�+ogWh�woMM N1M❑G M� lhN� mu�hD16b0IND 1dD Stv(I1 N�NQi 3owH1 siN�nll �NQN mG..I[ �1r!l1 MN APR m3M�3vpQ1 M��fT1No�Q14 9m�NaN9 AI 8O3 N m SmmNSRO mNyM lG N IV N 16N0 . qQ m N V KA A LY 14?4 Me z dly 3eNOQ{J mN3O.+ 3Npn10 3iyornyi , V, ly ,.�+n �N us en.N w m M ri 1c ni tvpi n rri vti c I.: N N W w N VF M fA M ♦l} V!� N N W N i�EA iN/>,�Vl1Cr W ed W K�N N � I mm r1 a rF W rW.l e•I ry N r �f tl1 N W Q M tp N m i4 N ip �O W b h m 'R h N N M e� M m m O y M to N ill CN h N N h N Q M # N a C n W N rI1 Ot rf rt r# W .w N i9 R A ul A Ok W H 'd' N M N M O nl W N N eM N N QI 1/1 N b b 4s lD p o P w © e P P O CI ci o fa o d © g C O U1 h a o .ti G O f7 C? C � i> rvi ri O G O © a d 6 O iri � 1/l c'+ w P 1r1 ry I+1 ni � I O 4` IO N N N N M N N N N N N N N N N N N N N N N N N N N N N N W N N N N N N M GP bR 00 NI OA d� OQ m LO m s E 0 acs rn w m m p� Q1 N A vl N m rn N ppyy sn pp11 N m pp�� n Qp�� m fn a, m m h rr rn fT O1 N m m N M1 N fn fT m m m m �rn m of a rn m �i a1 m w Q W VS n G f+ R xi R, 7 N 3r7 Gi00 W rl !� N Mf [y q0 h n M N>b N i0 Q 4 n N Q CTS �j •+ O e( m m N m O1 N M DS Ol N a 'd C [:F G7 eV C1 O C Q C'1 H rl O r"I m O © rl O O OlCS C C CA,iF, G •Y ei D r1 O G O L'? N vj N N M Q ill H C RI d M o QQ �3 ry E m +� n'N25 �1' vM1.jSw � i� mrmi $ � rn++€"W' � gg � ePvn � � our m isvl vl m � Mmh aNW n .sN Q +no 1f7l fY eo 'r'3 � ` o � mmrnel`o e`�ac'"`ens v�io 1p�l "a�n � � m '� Irl M M M M r14'rrl'e+l nT N N f'4 N nl N N N N .-i N .-[ M.i ei ri N e.i ri K wl W'N wi W N1 E`I r� wi W fA fn fl;Irl - G M O W M d N pQ OOgq POOOOOgUg0000pp ❑ ppoappopp o ❑ g0000 o ❑ coq €� poqp � � ���II � � �W � � aa � � , K 0. a m ' m m m m m m art ao m m m m m m m m m m m m m m m m !WA m m m m m m m e m m m e°i m m m m m m m m m mmmmm m m m m m m m W m m m m m m m 4K1 W y ly ft a a ❑ ❑ ❑ ❑ ❑ s cc s m ❑ a x e a s ❑ a a ❑ ❑ ❑ s ❑ ❑ a a ❑ a ❑ a ❑ > ❑ q _ r 3 a d 5 5 0 o s ¢ ¢ a ¢ ¢ LK S ¢ ¢ G eC a: m R 5 a^ Of oa s ¢ � a a a a 4>n R ¢ ee a ¢ ¢ ¢ a ¢ s � �j O � � e e e N N N W 1F1 N N N h N N N N iR Wf W W KIN VI N N W to N N N N N N N L d rrl .e�.e�� }-” �qe[ 1W- �Kq" �' '}aQ-' rW. rWqq- M- �qQ �qq" wWa��. q�Q" i7 ¢U' 1a7 t`K7 laJ Va' la7 ca3 a7 la7 L'aJ l�'7 ZaS l�7 ld"J IJ l'1 Cal 9 1167 COY G7 S�'I lS C7 la7 Com'! l� 47 G�7 l7 9 9 9 l7 U$ I.a W-. Ji ua uJ, w a f1-- w W q .-I W W W a Iy tr li �i ¢ NO � C ry � � I- ��X[f !w l� Ca 2 m4' ¢wbx, x � Xuaiti � x yi x me�"r! ;l xy� �, � .c w x aacQ' i4 � o. K CN Y X m Y N CM X Y 1L g M m �" 07 iV m N 1d '✓ N 1 l.F cg 3� ifl J� y W '"1 l7 C n7z QFl" v 091D) 0 § . U. '4 � t7 � Q N x x ri N Q i� b N N S7 LL N 4 Q 0 w 2i2p�YoN�•fe a M N W co NN ��3��lppyll 01, N 111, N mN - $ CS ryQ ' n m�ytimpn� Nm �NI'ltd1p} M111414121$, Op'Jf arN I l A NH �puijA1 s1f1 eQVi ri 1A erl o tG GO W O W N O epp�y pp N a M W Vi C'f aQR �D rl aN^1 (6'3 ri N wl N Q N N W Q p Wppp W � oao � � qqN-IteoYlld4o I'Mo rPi rPri m m � rn �» m 111-117 Page 17 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6FB2-490D-B9DA-D575D5F19F66 a J.4 N d N W W W Q� m O R W M N W N N p ^ "^ N Q;.✓a p N M �v 1�pp w O d Y�1 N m P P P. M1 P M •+ A •Q Q N q 0� d V N N VN S S m N h P M N I1I-p � 1� W M1 M1 M1 rll h ip ID W R Nm1 M x % i(-N M P w O Q O f7'P P O O1 tl'C O Q Q� P P+ Q a N a 6 A d 0. J:h n 1'1 h I I w O. N a u, Yf N YI-JI' N {� !y P c1 O O .O.o e a h � � � f f � .� .� � f � � '' m m m'm U�u,{U�u'u U U v n a a uU z z u 0 u x } j Z- 4.rU u � u � 1N- Z 2 z v1i vac:00 U U = - w n a ui w Wo 43 2 Z 2 x 2 W fC V N N O d z Z. x z 03 � � � csoOlrG'� 4 " nn ' -z a m ao m W a a a' zz ai td005cOyuo 000 cio � wOZy oc � � O aOa � g �gxrz 0 00000 mmma = g 2 Z z Z O OxOxdO 99 S! 13 a a 0 xx mrcwos9cCcecm uOz �+ 0 33'3 �.tl0azao � �.� W x W W o o� d o 0 00 0 0 z z o o � �. M m m T p_p � �y tl pm.2p �6 O N tl] O W N@ CS O P D m W N ii M 9 O 1� w M ' fA pp� 4'1 M A H a W .-� O 10 h ✓; O P .3 fv'".m W �C P. N Iri ry 3� �O m R R N 4 ""; /� r+ kP �a N N N 1G b M mW (p M N N'M R O M O m W a P „' O M`1+y 1p M r1 f�j N a 91 tl ^ h m N P m Q popp c9 a W FO N Q1 N p p h W P O N M G pp N p p Yi 1G'a n f`- rh:.� N N V ++w M r•( �+r-i N N d JI h vi G W pmp N Y1µa - M1 d C rti M N EG W Ki W�O R N R n Q w N vi NWM'v1 n '.� n n v1 V1 N N 1M1'N 1n N N u1 m M'+� N N V1 N VF ry N m N N ro 2 9rv1 y; h n N M R -t •+ 1n C h n1 r+ T O M O W W ✓i O G 4 V ry w O N J1 P P a 4 t0 W 00 - - H± w n ni v � a OC' : o w ni .o +, w .� � vi d od 1c � ep � M 'n .n .•: m ¢'� a v-.�+ 1ri « � �.p �� �� N o ui vi _ . c � m a w M m m III 00h O O O ./ N u1 N N N V1 N N'✓i W m m m W W N w w'M W"N m O O m 40 ap ffi m'op m m m 'Otl V 1!F M M M 17 M M M M,m it E (71 iT'R R P.R.N R p� eRi'l1'. R.R_ry 1h. R m M1-;O P R 01 .R-1 R �5 gYQ1 p, Q� Qq� rRw rRV rRi R 01'P Q R R Ol p� Q1'O1 R'R y O1 Mb m � RA.w AOi VP - N H aA Ia: P n oN a inRi wp� 1 14PRri R R V.Qp e .ti';ti P N tl h r+ M1 p ry O J. I.R M M 61 N "P N-m�a N N � N N R Q,'m N 1G R ^ ry O W � H h H v � b N � W N p1hha WOfl W �'. �RM1aMkn 'o:R 01R wWa P bpm RR CW OM RN �r.i , 6 IN r' C yl ; u V A Z N. U Z. V U V o p O �+ V C P Y u c ry c c e iY•••..a E! O ' a O p O O L ,6 y a a n Eo o •a Y sNV n R A A E V ' v a n0 GO E% E :E 'E E E O d d - a n ar' , IJ A.^ » w v v to v a a �. O o 12-LL S -1,211L oL.$. �z. z z O r N ... 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Id. m cL a m ..A h W-N 1/11 R M ~ p lPt a Q 0. 1 aO1F N f4 R R Wrhn M N n Omi R p N �p Ny .ma 0 - N m O O O W A P N q H m P p ry ry W ry M d w a p n -rmi 39,Ow.S�7 a i0 ^1 w uLLi N p N Q O .y.�ryaQ� m O ML V W ,m h M h O ql M1 wpp1: r� p h O'�O+y. pw rppN+ ppM� R R Np pN�p IQ�j q �pM} ry O pQ 1f1 Wp p� M 16 y1 C Oi p� m JI � n pppl m m - O n ti �P+ Q;O PmOR P �. O r u n a N s m m w G ON ; O R rR1 a $ h N' G O G O O G m n w+ � � w � .a;� �o �n ^o �oaM1 M1 hh'mW mWmW � W W w �mmno� a� o; t±+ Ral � oaa � aaaoo :� � Page 18 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID:D1AE7865-6F82-490D-B9DA-D575D5F19F66 m ryw.m _n 4rnMo7 mQ�pAMax1' mMm:$nv m�OMh��^ NtlMa1 JNvGr[.pYdi Or. oOQ MEmmM NNiOxz+i Nhbnz N>3t QN3 mNd3[ QryY3 ryKVx�WNem�N NN:4 Mhu❑ ow�driuni Ww G#�N Yx a@N.=•-�m m!�+ HaOt �}�: Pvf�A dVx Am'�$ C 4 A tirmm N d cr da4QN€UV VUVU m Km W e ry KVN 'Im LillVa65 rGa d6 - - _ 7 m m x e- h-,rsx, .1 x rm[ w ¢ ¢m ryQWs - - - - izizz_ zz ,n V'V uu 41 in OOtlOa O6 W }� Y. > ' V - Uw UW_V� Vw Z a W vd a C V V 5Q00vs 08 - _ - vG� u ,Ym ¢ z �'':xm W � w W m Wmmmmmmm' ut*i � iduC] OO a a W V 4444ZGc W W W m..W K �. � ¢ C 6 W ¢ F W ¢ 7 �'� 7 ❑ V d./:1,! 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D,_❑ P O O z w a w rKn'°:y❑ m i+d a N _ 1 a X a a 4 w :a t i - t w Z i.da O i nhx: f 'ao. r5t5 oa` 3 33 # 3 mXz n ndai.xi . xru 1l1 m �d$,NN ydmmmmmmm xoY N mmmm �n w3 ❑ a N- - `k W ^ mo m N NIPS a, :•€ s � m gaoo� N #'b b I.. m ism o b Vd P� � m m' vs °� yi a €a .¢ n a. a d o o._o fl�N o O w.N � � � � � � d v a a d ae- �d ovvam mM a a m Q'm n.IT Page 19 of 20 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82490D-B9DA-D575D5F19F66 ' i uc �m CCtlM1]] m l� [+.V: K A m ib C N~ M ry�Q m 1`r u m b A a h n . 888 iI1 j b D� O+ fA.n 4Y 1� ry V �dNQ w � N n a:a 't cey } gl a s 3 3 5 w W ¢ 3 n s u o a oo � o z z z x X u u u Ccz Li u ¢ ¢ rr ¢ ad ❑ t; z Z . 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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 COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors b. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-4900-B9DA-D575D5F19F66 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 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D I DocuSign Envelope ID: D1AE7865-6F82-4901)-B9DA-D575D5F19F66 i 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 Phis 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. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. No bond is required for this Service Agreement; therefore Section 5 - Insurance;Bonds, Subsection 5 (B) is null and void, i I'I i C Page 3 of 3 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D DocuSign Envelope ID: D1AE7865-6F82-490D-B9DA-D575D5F19F66 Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. 'I Page 1 of 1 DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race,creed,color,national origin,sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race,color,or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts,other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate,including,but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling,terminating,or suspending a contract,in whole or in part. DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations,and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252) (prohibits discrimination on the basis of race,color,national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601)(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.),as amended(prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub- recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189)as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); DocuSign Envelope ID:57828420-EEE8-4218-81 FB-BDDC2625B81 D Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 USC 1681 et seq). so �o p A P v AGENDA MEMORANDUM `1"852g9 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Annette Rodriguez, Director of Public Health A n n ette r(a)cctexa s.co m (361) 826-7203 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Purchase of Laptops for Health District— Nueces County Expenditure CAPTION: Motion authorizing the purchase of laptops, monitors, and accessories from Dell Marketing LP in the amount of $84,134.00 for Nueces County employees working at the Health District, with FY 2020 funding in the amount of$84,134.00 available from Nueces County's FY 2020 operating budget for the Health District SUMMARY: This motion authorizes the purchase of laptops with Dell Marketing LP through the Department of Information Resources (DIR) Cooperative for Nueces County employees working at the Health District as authorized by the Memorandum of Understanding (MOU) between the City of Corpus Christi and Nueces County executed on September 11 , 2008. BACKGROUND AND FINDINGS: The City of Corpus Christi and Nueces County entered into a cooperative agreement on September 11 , 2008 to operate a public health district. This agreement, known as the Memorandum of Understanding, outlined 10 areas of consolidation between City and County employees working at the Health Department so that the functions would be considered a part of a combined Health District. A subsequent document known as the "Terms and Conditions of the Reformed Cooperative Agreement between Nueces County and the City of Corpus Christi regarding the City/County Health District" was developed and became effective on April 16, 2009. There have been two amendments to this document. One became effective on September 4, 2013, and a second on October 1 , 2017. This document provided details on how to accomplish each of the 10 items outlined in the MOU. Item five of the MOU was to place the purchasing function for the entire Health District under the City's Purchasing Department. Section E.1 .b. of the Terms and Conditions document states that the City shall follow all City purchasing policies when processing purchases for the benefit of the Health District. In compliance with this agreement, when Nueces County staff at the Health District had a need for 62 new computers and accessories, they contacted the City's Information Technology (IT) Department. The City's IT Department then reached out to the City's Contracts and Procurement Department to purchase the laptops through DIR Cooperative. Contracts awarded through the State's DIR Cooperative have been competitively procured in compliance with Texas local and state procurement requirements. The next step in the City's purchasing policies is for the purchase to be presented to the City Council for approval even though funding for these computers will be made from Nueces County's FY 2020 operating budget. The County Judge and Commissioners had allocated money in their FY 2020 operating budget for the Health District to purchase computers to replace current obsolete computers. Laptops and their accessories will be purchased for portability, for field-use during wide-area emergencies, for employees working remotely, and for operating clinics to their full capacity. The laptops will also be used to provide education services to residents of Nueces County in the area of chronic disease prevention. Once this item is approved by the City Council, City IT staff will purchase the equipment, and then City Finance staff will bill Nueces County for the cost. Payment is then due to the City within 30 days of billing. ALTERNATIVES: One alternative would be not to have laptops available to employees to be able to work remotely and efficiently. A second alternative would be for Nueces County Purchasing staff to purchase these laptops for the County employees working at the Health District. FISCAL IMPACT: There is no fiscal impact for the City of Corpus Christi. The expenditure of $84,134.00 is budgeted in Nueces County's FY 2020 operating budget for the Health District. The City of Corpus Christi will initially make the purchase and will then bill Nueces County for the amount due. FUNDING DETAIL: Fund: 9100 Nueces CtHth Dist Organization/Activity: 793102C Nueces County General Fund Mission Element: 715 County Health MOU not ME Project # (CIP Only): n/a Account: 520100 Minor Computer Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of laptops with Dell Marketing LP for Nueces County employees working at the Health District. LIST OF SUPPORTING DOCUMENTS: Price Sheet MOU City of Corpus Christi Price Sheet Sr Buyer: Minerva Alvarado Purchase of Laptops for Health Department DIR-TSO-3763 Dell Marketing LP Round Rock, TX Item Description Qty Price Extended Price 1 Dell Latitude 5410 62 $1,020.00 $63,240.00 Dell Dock-WD 19 90w Power 2 Delivery 62 $175.00 $10,850.00 3 Dell 22 Monitor - P2219H 62 $136.00 $8,432.00 Dell MS1 16 Wired Mouse and 4 62 $26.00 $1,612.00 Keyboard Combo Tota I 184,134.00 � 6gq- The State of Texas § § County of Nueces § REFORMATION OF THE COOPERATIVE AGREEMENT TO OPERATE A PUBLIC HEALTH DISTRICT i WHEREAS, former Article 4436b of the Revised Civil Statutes of Texas, also known as the "Local Public Health Reorganization Act, authorizes the establishment of public health districts in order to operate and promote effective local public health programs within a consistent and flexible framework through cooperative agreement of counties and incorporated municipalities situated therein; WHEREAS, the City of Corpus Christi and Nueces County, Texas, have previously entered into a cooperative agreement pursuant to prior State law for the 1 cooperative administration of local public health programs; WHEREAS, the Local Public Health Reorganization Act provided for the reorganization of the City-County Health Unit under Article IV of the Act; WHEREAS, by majority vote of the Commissioners' Court of Nueces County, Texas, and by majority vote of the City Council of the City of Corpus Christi, Texas, the Corpus Christi-Nueces County Public Health District(the "Health District") was established; WHEREAS, the Public Health District established by the parties under the Act, such Act now codified as Chapter 121 of the Texas Health and Safety Code, has operated continuously without interruption under the existing cooperative agreement; and WHEREAS, by majority vote of each of the members of the Health District, the cooperative agreement to establish the Health District is hereby reformed in writing, as set out in this instrument, as a written modification of the existing agreement under revised terms and conditions. `. ARTICLE Section 1. Parties to the A reement. (A) This agreement("Agreement") is entered into between Nueces County, Texas (also referred to as the "County"), and the City of Corpus Christi, Texas (also referred to as the "City"), as the original Health District members. (B) The representatives of the original members shall be the City Manager of the City of Corpus Christi and the County Judge of Nueces County. (C) The parties hereby agree to operate the Health District covering the areas within the corporate limits of the City of Corpus Christi and Nueces County. (D) The parties agreed, through a Memorandum of Understanding (the "MOU") executed on September 11, 2008, to develop a plan (the "Plan)to accomplish one unified Health District personnel policy, purchasing policy, and other operating pro- cedures as set out in the goals of the MOU, attached to this Agreement as Attachment } "A" and which is incorporated by reference in this Agreement as if set out in full. z (E) The parties agreed and approved the Plan prepared in accordance with the intent of the MOU, such Plan being entitled "Terms and Conditions," attached to this Agreement as Attachment "B,"and incorporated by reference in this Agreement as if set out in full. The Terms and Conditions may be modified by the members from time to time in accordance with the provisions of this Agreement regarding modification. r ARTICLE II Section 1. Organizational Structure. 's (A) This Agreement shall continue the previous activities and organization of the Corpus Christi-Nueces County Department of Public Health and the current activities of the Health District. (B) The City and County employees performing the govemmental functions of the .5 Health District under this Agreement are considered Health District employees. A copy of the organizational structure of the Health District is attached to this Agreement as Attachment "C" and is incorporated by reference in this Agreement as if set out in full. a Section 2. Health District Activities. (A) The Health District employees shall carry out public health activities for which funding may be approved including, but not limited to: (1) Clinical public health activities for matemal and child health, family, planning, communicable disease control including immunization, sexually transmitted disease, tuberculosis control, and epidemiologic investigation of reportable diseases, chronic disease prevention, and other programs to prevent and minimize diseases of public health significance; (2) Environmental health programs for prevention of diseases spread by food, prevention of diseases spread by insects (mosquito control), provision of potable water, disposal of putrescible wastes, and prevention of pollution of air, water and air affecting the residents of the Health District; and 4 f (3) Provision of necessary administrative support and health promotion activities including, but not limited to laboratory services, vital statistics and data collection, budgeting, and personnel activities necessary to carry out items 1 and 2 above. Health dist Trans Agmt Final Reformed Master 20090410(3)(3) Page 2 of 6 i I (B) In addition to the above-referenced general activities, the Health District employees will perform other special activities financially supported by members of the Health District. ARTICLE III Financial Administration. (A) The members of the Health District may provide such local funds as they may deem necessary which, with State and other funds, will be used to operate the Health District. (B) The members of the Health District shall comply with the Terms and Conditions s set out in Attachment B in the administration of the Health District. i ARTICLE IV i Modification of Cooperative_Agreement. This Agreement, including the attached Terms and Conditions, may be modified by appropriate notification and written agreement of each of the member representatives with the approval of the governing bodies of each member. ARTICLE V Section 1. Admission of New Members. z Additional governmental entities may request membership in the Health District, for the purpose of receiving public health services, by application to the representatives of the original members. Additional members shall contribute financially to the operation of the Health District in relation to the cost of provision of services for that new member. i Section 2. Withdrawal from Health District. Members may withdraw from the Health District upon not less than 90 days written i notice to all other members, with the understanding that all services provided to the f withdrawing member as the result of membership in the Health District shall cease to s that member. Section 3. Expulsion from Health District. Members may be expelled from membership in the Health District by agreement of the original members of the Health District. Prior to such expulsion, the affected party shall be given reasonable opportunity to correct the action leading to such expulsion. 4 1 R Health Dist Trans Agmt Final Reformed Master 20490410(3)(3) Page 3 of 6 a s 1 F. Section 4. Dissolution of Health District. i The Health District may be dissolved by joint agreement of Nueces County and the City of Corpus Christi. ARTICLE VI i 7 Health District Director. j (A) The Health District Director shall be hired by the members of the Health District paying the salary for said Health District Director and shall serve at the pleasure of the Amembers of the Health District paying the salary of said Health District Director. (B) The Health District Director may be hired to serve as both the Health Authority for the Health District and as the director of the Health District or may be hired to serve only as the director of the Health District. (C) If the Health District Director is hired to serve as both the director and Health Authority,the Health District Director shall be a physician that meets the requirements of the State Board of Health and shall reside in the Health District. rl (D) If the Health District Director is not hired to serve as the Health Authority for the Health District, the Health District shall also independently hire a person to serve as the Health Authority for the Health District as an independent contractor. The Health Authority shall be a physician that meets the requirements of the State Board of Health and shall reside in the Health District. (E) In the event a separate Health Authority is hired, the Health District shall pay the Health Authority by contract approved and executed by both members of the Health District. The County will reimburse the City 50% of the contract cost. j ARTICLE VII Advisory Public Health Board. The members of the Health District may, by separate intergovernmental agreement, establish or continue an Advisory Public Health Board, but the intent of this Agreement { is that all authority shall rest with the governmental members of the Health District, the Health Authority, and as provided by State law. ARTICLE VIII a i Filin of A reement and Modifications. A copy of this Agreement, including its attachments and counterparts, and any subsequent modifications shall be included in the minutes of the governing body of each member of the Health District and filed with the county clerk of each member county, Health Dist Trans Agmt Final Reformed Master 20090410(3)(3) ?age 4 of 6 i P l 9 i the city secretary of each member municipality, and the Texas Department of State 5 Health Services. ARTICLE IX Effective date of Agreement. Following the approval of the governing body of each member and execution by the designated representative of each member, the reformed Agreement shall supersede the existing agreement and take effect -j-( , 2009. i a (EXECUTION PAGE FOLLOWS) 3 s 3 3 i i 4 a i i l /yF 7 i R 5 i C h 3L j F I 3 i i ! Health Dist Trans Agmt Final Reformed Master 20090410(3)(3) Page 5 of 6 F E i i a ! s s , E AmuExecuted thisday of , 2009 ATTEST: NUECES COUNTY, TEXAS 21" gxONERS �G9 1 01 Diana Barrera Samuel L. eal, Jr. County Clerk County Judge 4 4! 3 APPROVED as to fort: J Y T i g Dura Garza-limen x County Attorney t t F } ATTEST: CITY OF CORPUS CHRISTI, TEXAS } 3 q � Armando Chapa g I Escobar City Secretary Gity Manager i Y 3 APPROVED as to form: k 3 Mary Kay Fischer, City Attorney e P ��.AUTHORIZED COIi�FCIt.. 4 .�j SECRIETARV a j Elizpoth Hundfey As,§' tant City Attorney Y F } FILED FOR RECORD a Health Dist Trans Agmt Final Reformed Master 20090410(3)(3) Page 6 of fi aYic„::CuiCaur1,ya0CB5 Cccni� ., ,1 t4 Attachment "A" 8-0 -5- a MEMORANDUM OF UNDERSTANDING WHSitMM.the City of Carpus Christi(the"City")and Nucces County(the"County') entmd into a Cooperative Asm mwnt To Operate A Public Health District,wwcuted July 31, 1984,(the"Agreer>n me)which created the City of Corpus Christi Nuems'County Texas Public Health District(the"Heath District");and WHER M,the City of Corpus Christi and Nueees County arc members of the Health District.Each provide resources to operate the Health Dist K such as st:4 equipment, supplies,software,etc;and WHRREA.S,city employees and county employees providing the governmental functions of the Health District under the Agreement are considered Health District Employees; and WHEREAS,the City and County have operated the Health District continuously simce July 31, 1984;aid r WHEREAS,the Health District's mission statement is to prevent disease and disability, maintain a healthy environment,promote healthy lifestyle,thereby,increasing the quality and langth of life,striving towards health and well-being ofthe community,achieving access to preventive health services for all Nueces County residents;and WHEREAS,it is envisioned that increased operational efficiencies may be attained thrortgh organizational and policy changes which would result in the Health District fun honing under azo unified Health District personnel policy,purchasing policy,and other operafing procedures. NOW,THTREFOM the city and the County agree to direct their respective staff Ia to work jointly to develop and present to the City and the County within 90-days a detailed pian to accomplish the fallowing: 1. Develop a single Pay Schedule for all Health District employees to be used by both the City payroll and County payroll in compensating their respective E employees. 2. Place all Health District employees under the City's cutrent policy for asnnual accrual and use of paid-time-off(vacation,sick clays,holidays,funeral leave, personal days). 3. Place all Health District employees under the City's travel policy, including mileage reimbursement rate and per dim rates. s 4. Develop a unified Health District employee incentive program to include service awards and Inter Bucks awards for excellence in service. 200&323 09/49/08 Res.027849 Neem County Y �z i 3 5 Y i 5.. Place the achasing Am ion fnr the entim Health District under the Cry's Pumbasing Dqmtnm 6. Tnnsfer one(1)Co=ty Smitarian position and one(1)County Sanitarian Inspector position fim the County':payroll and employment to the City's payroll and employment. IU City shall retain all inspection fee mvenues collected for inapectlons within the City and the Health District dual[retain all inspection fee wvenues for inspections in the tmineorpotated areas of the County.The Health District shall continue to provide inspection services to the mwiwrparated arras of the County. 7. The City and the County shall share in funding salary and benefits of the Director and Assistud Director of Public Health Administration positions at the percentage of 60%City and 40,6 County. Tire Director ahail be hired by d and report to the City Manager and the County fudge. The Assistant Director shrill be hired by tho Director with the concurrence of tine City Manager and t the Cmmty Judge. The Assistant Dire W shall=port W the Director. S. Ue City employee[,snafus and County employee benefits beluding Retircinent,Health lnmmnce,Life Insurance,Flerable Benefit,Deferred Compensation and ad=Benefit flans shall remain*unchanged. 9. The City W County Animal Control and Vector Control operations and policies shall remain unchanged. 10.Either the City or the County may apply for and implement a Grant on behalf of tine health District. canted this day pf ,2008. IONEp��G NUECES COUNTY,TEXAS s a Diana T.Bairera,County Clerk Samuel L.&CR Jr., APPROVED: ' La&Gam tez, Attome 6 4 3 i r i� 1 f } ATrBST: Ci'iY OF CORPUS CHSTL TEXAS r Arnnando WFmobar,Cita'Manager Onte dm) APPROVED: JIVI� ST l+0lJNol....i�� yF41 rx,Cilty Attorney -- � $i�l1'lIR►► Ibb• i s z r I t f ATTACHMENT "B" TERMS AND CONDITIONS OF THE REFORMED COOPERATIVE AGREEMENT BETWEEN NUECES COUNTY AND THE CITY OF CORPUS CHRISTI REGARDING THE CITY/COUNTY HEALTH DISTRICT THE TERMS AND CONDITIONS SPECIFIED IN THIS DOCUMENT (REFERRED TO AS "TERMS AND CONDITIONS") ARE INCORPORATED BY REFERENCE IN THE REFORMED COOPERATIVE AGREEMENT EXECUTED BY NUECES COUNTY ("COUNTY") AND THE CITY OF CORPUS CHRISTI ("CITY") ON APi21 L f b , 2009, AS i MEMBERS OF THE HEALTH DISTRICT. 9 3 THESE TERMS AND CONDITIONS MAY BE MODIFIED BY THE CITY AND COUNTY FROM TIME TO TIME IN THE MANNER SET OUT IN THE COOPERATIVE AGREEMENT. a a A. DEVELOP A SINGLE PAY SCHEDULE FOR ALL HEALTH DISTRICT EMPLOYEES TO BE USED BY BOTH CITY PAYROLL AND COUNTY PAYROLL IN COMPENSATING THE HEALTH DISTRICT EMPLOYEES. (MDU Item 1) 1. Existing City (27) and County (22) Health District positions were reviewed, compared (see Attachment 1," entitled "Health District Job Title and Pay Grade Assignment," which is attached to these Terms and Conditions and incorporated in this document as if set out in full), and matched for placement in the Health District combined pay plan ("Pay Plan"), which Pay Plan is attached to these Terms and Conditions as Attachment "2" and incorporated in this document as if set out in full. City and County representatives working on the Pay Plan project have agreed on the results of such review. b 2. Job titles have been consolidated or created to provide consistency between the City and County; see Attachment "1". j Health Dis#ict Terms&Conditions Page 1 of 14 z s e 3. The Pay Plan was developed, as agreed in the original Memorandum of Understanding ("MOU") dated September 11, 2008, based upon the City's existing pay plan structures_ City and County representatives working on the Pay Plan project have agreed on the implementation of the Pay Pian. 3 a. Future changes to the Pay Plan or Health District employee pay adjustments, to include general pay increases or pay range structure movements, shall be established or modified by mutual and written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County. 3 i b. The County does not have a performance appraisal merit pay system. In the event of future City merit pay increases, utilizing the City's performance appraisal process, the pay increase for any Health District employee shall be by mutual and written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County. c. Future policy and ordinance changes approved by the City Manager or the City Council, respectively, shall be implemented for all City employees except Health District employees until such changes are mutually agreed by the City Manager and the County Judge, subject to final approval by the governing bodies of the City and County, unless mandated by State or federal law, rules, or regulations. ! d. Future pay changes made by the County Commissioners' Court shall be 3 implemented for all County employees except Health District employees until mutually agreed by the City Manager and the County Judge, subject to final I approval by the governing bodies of the City and County, unless mandated by State or federal law, rules, or regulations. a i { 1 Health District—Terms&Conditions Page 2 of 14 i i i 4 4. The County shall increase pay for the one (1) Lab Technician position, whose current pay, prior to implementation of these Terms and Conditions, is below the Pay Plan minimum pay. 5. The City and County are presently on different biweekly pay schedules and work weeks, and this condition shall continue by both members without change. 6. The County administers a longevity pay program for County employees; the City does not currently have a longevity pay program_ This condition will continue as follows: a. The County has determined that the existing seven (7) County employees assigned to the Health District that are currently eligible for longevity pay shall receive an adjustment to their base rate, to incorporate the longevity pay benefit, and will no longer be eligible to receive the annual longevity pay benefit. b. The County has determined that for the twelve (12) County employees, with years of service greater than one (1) year yet less than ten (10) years, who by their years of service are not eligible to receive longevity pay, shall receive a f prorated amount of longevity pay incorporated into their hourly base rate and will not be eligible to receive the annual longevity pay benefit. 7. The County shall adopt, for County employees assigned to the Health District, the City's policies and practices regarding pay and pay adjustments as outlined in the City's policy HR 4.0—Classification and Compensation ("HR 4.0.Policy"). i S f a. Changes to the Health District Job Title and Pay Grade Assignment (Attachment "'I"), with respect to the review of a new or existing job position, shall follow the City's job evaluation process. b. Salary assignments and pay practices associated with new hires, promotions, ' demotions, lateral transfers, part time and temporary positions, return to work i from leave of absences, position classification changes, and other pay changes, Health District--Terms &Conditions Page 3 of 44 i E c i 1 1 i { 6 2 as stated in the HR 4.0 Policy, shall be complied with by the County as noted in the City's HR 4.0 Policy and as amended in compliance with future City ordinance changes or as changed in policy by the City Manager, subject to the implementation provisions of A.3.c. of these Terms and Conditions,. B. ACCRUAL AND USE OF PAID-TIME-OFF (VACATION, SICK DAYS, HOLIDAYS, FUNERAL LEAVE, PERSONAL DAYS) (MOU Item 2) 1. The County shall adopt, for County employees assigned to the Health District, the f City's programs pertaining to holidays, bereavement leave, and personal leave. E f i f a. The County shall adopt the City's seven (7) holidays, as such holidays are specified in City Ordinance. a b. The County shall adopt the City's bereavement leave provisions, as such bereavement leave provisions are specified in City Ordinance. The City presently provides twenty-four(24) hours of bereavement leave. c. The County shall adopt the City's personal leave provisions, as such personal leave provisions are specified in City Ordinance. The City presently provides forty (40) personal leave hours on August 15t of each fiscal year. Personal leave time must be expended prior to July 15th each year, no carryover of personal leave time into the next fiscal year is allowed. For purposes of this subsection, the County's current fiscal year will apply to the calculation of personal leave time for County employees. Personal leave time granted to County employees will be pro-rated concurrent with the implementation date of the underlying Cooperative Agreement and these Terms and Conditions. f I 2. The County shall continue to follow existing County programs pertaining to accrual of vacation and sick leave for County employees assigned to the Health District. a 3, Health District--Terms&Conditions Page 4 of 14 i i 3. The City shall continue to follow existing City programs pertaining to accrual of vacation and sick leave for City employees assigned to the Health District, as outlined in City Ordinance. C. PLACE ALL HEALTH DISTRICT EMPLOYEES UNDER THE CITY'S TRAVEL POLICY, INCLUDING USAGE OF THE MILEAGE REIMBURSEMENT RATE AND PER DIEM RATES. (MOU Item 3) 1. The County shall adopt, for the County employees assigned to the Health District, the City's policies regarding travel and mileage reimbursement. 2. The County shall reimburse the City, based upon the rates established in the City's policies, for all travel and mileage reimbursement incurred by any County employee assigned to the Health District. 3. The City shall establish vendor numbers for each County employee assigned to the Health District, to be used to pay travel and mileage reimbursement per City policy. 4. The City shall notify the County when a change is made to the City's travel and mileage reimbursement policy and when the mileage reimbursement rate changes. D. DEVELOP A UNIFIED HEALTH DISTRICT EMPLOYEE INCENTIVE PROGRAM TO INCLUDE SERVICE AWARDS AND INSTABUCKS AWARDS FOR EXCELLENCE IN SERVICE. (MOU Item 4) I. The County shall, for County employees assigned to the Health District, adopt the City's InstaBucks Program. Such InstaBucks Program payments are taxable income to employees and shall be paid by the County through its payroll system. 2. The County shall, for County employees assigned to the Health District, adopt the City's Continuous Learning Recognition Program. The County will reimburse one Health District—Terms &Conditions Page 5 of 14 hundred percent (100%) of the cost of any such award presented to a County employee assigned to the Health District. 3. The County shall, for County employees assigned to the Health District, adopt the City's Service Award Program and will develop, acquire, and coordinate such service award recognition for any County employee assigned to the Health District. 4. The County shall, for County employees assigned to the Health District, adopt the City's Retirement Award Program and will administer such program. Payments of such awards are taxable income to employees and shall be paid by the County through its payroll system. i i E. PLACE THE PURCHASING FUNCTION FOR THE ENTIRE HEALTH DISTRICT i UNDER THE CITY'S PURCHASING DIVISION. (MOU Item 5) � 1. The Purchasing functions will be administered by the Purchasing Division of the City's h Financial Services Department as follows: i a. The City shall follow all Federal and State statutes applicable to purchases made for the benefit of the Health District. b. The City shall follow all City purchasing policies when processing purchases for the benefit of the Health District. i c. The County shall provide the City with the County's department numbers. Additionally, the County shall provide to the City new department numbers for new grant years and for new grants. d. The City shall set up several new department numbers to be assigned to the County, which department numbers will be used by the City to request a reimbursements. The selection of these new department numbers will be r mutually agreed upon by the City and County within 10 business days of the i z Health District—Terms Conditions Page 6 of 14 i F i E i i f E implementation of the underlying Cooperative Agreement and these Terms and j Conditions. A cross reference chart of the new department numbers shall be h provided by the City to the County. e. The City shall be responsible for IRS form 1099 reporting. f. The County shall reimburse the City for purchases incurred for the Health District as follows: (i.) The City shall invoice the County on a monthly basis for reimbursements. i (ii.) Health District personnel shall reconcile the City's P-Card purchases. No County P-Cards will be used by Health District personnel. (iii.) The administrative offices of the Health District will retain the original in- voice for purchases transacted with a P-Card, and the City will retain original invoices for all other purchases transacted with other means. (iv.) The administrative offices of the Health District shall provide to the County Auditor's Office a summary of purchases and attach copies of invoices to a summary that breaks the cost into the department codes and object codes that the County uses. In addition, the summary of purchases should show year-to-date expenditures, what was previously billed and reimbursed, and amount currently being billed. (v.) The administrative offices of the Health District shall provide the County Auditor's Office with monthly summary financial reports generated by the City's general ledger financial software system, to include the department/project number and a detailed transaction listing, along with copies of all invoices. Health District—Terms &Conditions Page 7 of 14 g. The County shall provide the City, within 10 working days of the implementation of these Terms and Conditions and the underlying Cooperative Agreement, with the balance of amounts in all applicable Health District accounts available for reimbursement to the City for the remainder of the City's current fiscal year, ending July 31, 2009. Reimbursed dollar amounts to the City are limited to the Health District's departmental totals in the County's FY08/09 budget for all items purchased. Reimbursed dollar amounts to the City in all future fiscal years will be similarly limited as well, based on the County's approved departmental budgets for the Health District. The County Auditor shall annually provide the City with the budgets for all Health District divisions and individual grants, following the approval by the County Commissioners' Court of each annual County fiscal budget. h. The County shall only reimburse the purchase of capital items that have been budgeted by the County as capital items. All purchases of County-budgeted Health District capital items, excluding those items which cost less than $1,000, must be pre-approved by the County. Items purchased that cost less than $1,000 shall be reimbursed by the County up to the level of the County's Health District budget allocation. i. Upon implementation of the underlying Cooperative Agreement and these Temps and Conditions, the Health District will no longer use the County's supply warehouse and will utilize the City's supply warehouse. j. Upon implementation of the underlying Cooperative Agreement and these Terms and Conditions, the County shall cancel the Health District's County 13- Card, and the Health District will be issued a City P-Card. k. The County shall use the County's budget year for expenses, with the exception of grants. The County shall use grant contract dates as the budget year for grants. Health District—Terms&Conditions Page 8 of 14 I. The City shall ensure that expenditures paid in a new budget year or new grant year for the immediate prior year are accrued to the appropriate grant or department budget year. 2. The following inventory tracking systems will be implemented: a. The City shall tag fixed assets with the City's red inventory tags for items purchased with County funds that cost more than $1,000.00 and for items on the exception list that cost less than $1,000. b. The City shall create a separate expense code, entitled "Minor Equipment,"for items that cost over$1,000 but under$5,000. c. The County Auditor's Office shall prepare a fixed assets inventory card for purchases made by the Health District with County funds and send the card to the County's Purchasing Department. d. The County Auditor's Office shall enter into the Bi-tech system the City's inventory tag number and asset information. e. Within 60 days of the implementation date of the underlying Agreement and these Terms and Conditions, the County Purchasing Department shall conduct a physical inventory of Health District property(e.g., furniture, fixtures, and equipment)that was purchased with County funds prior to the implementation of the underlying Agreement. Upon completion, the Health District Director or designee shall sign off on the results of the physical inventory. The physical inventory results will be reported to the County Auditor's Office for follow-up action to be taken by approval of the Commissioners' Court in order to enter changes into the Bi-tech system. I With regard to cell phone usage, the following procedures will be implemented: Health District—Terms&Conditions Page 9 of 14 a. Cell phones and cell phone accounts of County employees assigned to the Health District under department 3091 will be transferred to the City's cell phone contract, and all cell phone assignments and usage under department 3091 will follow City cell phone policies. b. Cell phone expenses incurred by County employees assigned to the Health District under department 3091 will be part of the City's reimbursement request to the County. c. Cell phones and cell phone accounts of County employees assigned to the Health District under the County's PHP grant will remain under an existing separate contract, invoiced directly to the Health District, until such future time as the need arises for the County to remove or cancel this arrangement. d. Cell phone expenses incurred by County employees assigned to the Health District under the County's Public Health Preparedness ("PHP") grant will be part of the City's reimbursement request to the County. 4. The County's copiers presently located at the Health District will remain on the County's contract until such future time as a need arises for the County to remove or cancel this arrangement. F. TRANSFER ONE (1) COUNTY SANITARIAN POSITION AND ONE (1) COUNTY SANITATION INSPECTOR POSITION FROM THE COUNTY'S PAYROLL AND EMPLOYMENT TO THE CITY'S PAYROLL AND EMPLOYMENT. THE CITY SHALL RETAIN ALL INSPECTION FEE REVENUES COLLECTED FOR INSPECTIONS WITHIN THE CITY AND THE HEALTH DISTRICT SHALL RETAIN ALL INSPECTION FEE REVENUES FOR INSPECTIONS IN THE UNINCORPORATED AREAS OF THE COUNTY. THE HEALTH DISTRICT SHALL CONTINUE TO PROVIDE INSPECTION SERVICES TO THE UNINCORPORATED AREAS OF THE COUNTY. (MOU Item 6) Health District—Terms& Conditions Page 10 of 14 1. The City shall acquire two (2) existing County positions assigned to the Health District, whether occupied or vacant: one (1) County Sanitarian and one (1) County Sanitation Inspector. If either of these two positions, or both, is filled upon the implementation date of these Terms and Conditions and the underlying Cooperative Agreement, the City shall assume liability for vacation and sick leave balances at the time of employment transfer; vacation and sick leave balances will comply with the City's maximum accrual allowance per City ordinance. a. As of March 18, 2009, the County Sanitarian position was vacant and the County Sanitation Inspector position was occupied. Attachment "3," entitled "Cost Impacts for County-to-City Employees," attached to these Terms and Conditions and incorporated in this document as if set out in full, outlines the City's potential liability pertaining to salaries, vacation leave, and sick leave as of March 18, 2009. 2. In the event either position, or Moth positions, is acquired by the City in an occupied status: a. The City shall establish a City new hire date as of the effective date of the employment; b. The City shall establish an adjusted service date in order to give credit for the employee's original County employment date, thereby, allowing the employee to accrue vacation hours based upon total years of service with the County and City. c. The City's retirement plan, TMRS, recognizes Nueces County's retirement plan participation, so the employee will receive credit for years of service with the County. Health District—Terms&Conditions Page 11 of 14 3. In the event either position, or both positions, is acquired by the City in a vacant status: a. The position will be recruited and filled based on the City's recruitment and hiring practice. b_ The vacation and sick leave accruals for the position will be based upon the City date of hire. 4 The City shall retain inspection fee revenues collected for inspections conducted within the City. 5. The Health District shall continue to provide health inspections in the unincorporated areas of the County. E i 6. The Health District shall retain all inspection fee revenues for inspections in the unincorporated areas of the County, as well as with other contracted entities E 4 outside of the City's city limits. E f a. The revenue fees will be placed in the County's Special Revenue Account for the Health District, Department 1362, Food and Sanitation Fee I Account. F G. THE CITY AND COUNTY SHALL SHARE IN FUNDING SALARY AND BENEFITS OF THE DIRECTOR AND ASSISTANT DIRECTOR OF PUBLIC HEALTH ADMINISTRATION POSITIONS AT THE PERCENTAGE OF 60% CITY AND 40% COUNTY. THE DIRECTOR SHALL BE HIRED BY AND REPORT TO THE CITY MANAGER AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL BE HIRED BY THE DIRECTOR WITH THE CONCURRENCE OF THE CITY MANAGER AND THE COUNTY JUDGE. THE ASSISTANT DIRECTOR SHALL REPORT TO THE DIRECTOR. (MOU Item 7) Heallh District--Terms &Conditions Page 12 of 14 1. The Director and Assistant Director positions will remain in the City's Executive Pay Plan. 2. City policy provides a car allowance for Director and Assistant Director positions, as well as for employees serving in these positions in an "acting" capacity. 3. The County shall continue to reimburse the City for 40% of the salary and benefits, including the City's car allowance, for the Acting Director. 4. The County has been providing a car allowance benefit to the current Acting Director of the Health District. a_ The County shall no longer pay a car allowance benefit to the current Acting Director. The current Acting Director shall continue to receive a car allowance as provided by City policy. b. The car allowance benefit, currently paid by the County to the Acting Director, which is $182.24 per pay period, will be added by the City as an additional pay item for the current Acting Director while serving in an "acting"capacity. E (i.) This additional car allowance, being paid to the current Acting Director, i will end when the Director position is filled on a regular, full-time basis and is no longer being filled by an employee in an "acting" capacity. 5. The County will not share in the funding of the salary or benefits of the current Assistant Director position while it is being filled in an "acting" capacity. When the Health District fills the Assistant Director position on a regular, full-time basis, the County shall begin reimbursing the City for 40% of the salary and benefits, including the City's car allowance, for the Assistant Director position. B. When the Health District fills the Director and Assistant Director positions on a regular, full-time basis, the City shall prepare an invoice detailing the salary, benefits, and car Health District—Terms&Conditions Page 13 of 14 allowance costs by pay period and show the 40% amount owed to the City by the County. This invoice shall be sent to the County monthly. H. ESSENTIAL SERVICES PERSONNEL 1. The County shall, for County employees assigned to the Health District, adopt the City's policy and practices pertaining to Essential Services Personnel in the event of an emergency or disaster. a. County employees assigned to the Health District will no longer be eligible for the ten (10) days of paid leave for hours not able to work due to an emergency/disaster, with the potential of more days paid leave if so deemed by the Commissioners Court, as provided in the County's Civil Service Rules. i 3 Attachments: Attachment 1"— Health District Job Title and Pay Grade Assignment Attachment"2"— Health District Pay Plan HTH for Combined CitylCounty Positions Attachment"3"—Cost Impacts for County-to-City Employees t S 1 I I k i Health District—Terms&Conditions Page 14 of 14 n n to Q Qr O O m m Q C m A Q a C m m V m O r Y 4- m C m V ICL S m U. p1 O W p� U� co) (D N 0 El E) � U } CL V n y, a T V} „ 7 U R C n 12 -F- =04 c=04 >. r o `O J oo U Q 0. a' Ca ¢ :ti. k O m S r/) it A cda - tw � Uco € Qs �? x x ❑ Q xcn � � x I PC D � ON N Ch U v r. U G] O U U � RA, lu o a• � 0. � � CI � � v c°'i 0cd EVi C n f' v C C p aFi O cc —ad O C/7 Z jy7 eC V CT r O v Q O ^ 7 ca m Ll Zia. w .� a., v� v) ,� v3 N N O O1 a C3. N 7 fu O Y m Q .ir m V t+ N •= C�. LL. n o ID U C C C q p Q U (� c «•. y o C C C C C C G p n � m Up in R 4.0 2 7+ v Gs, N c d _ Imp x x x x x x x x x x � o � a Q � m a V m o a� i C7 .; o G = tz ej E � m •�„ Q mow+ ro � c � � �' � .. � c AU Qvoj w � Q a`�i > F a H a A y aci ad x •v o x a`�i .�a`�rri cl x Q x c W U_ V 16. 4.9 (A •C Lr rrr � c•1 r'� 'Q' r, t � n trs ,� M �D � �O N N .� N N U d :. E c � :•° o � � ' Y a� � Cd ro v Lam' Qom, U •� 4n U ¢ o o a •fi tQIV oE5o o •° '° `a c=i c Z Z Z U U cl� 4 a rig o=q A [u G ,�.3 r N 0 O O N N 13 m rt m Q m Q •+ 7 u � m a+ 413 m v U W 0 G C C C C C c U o � W c Cori N m DIY Q M a C4t » kn vi h wl i � o � a a m G r � is � � � •C � G � � oD G VV r4 Z C a m w W U u 2 O C E A W % a� v a. % d y �. V 4► .� 2 L n 3 }= to ACn C� a°air0603 Q A x A x A x c Q n d v � \p \O f'd tip N �b M ' = i U N ^ w O � U it •cam 4. C to m n C C •CU] Q Ll ri 9:1. �•" '� tir 0 a+ yv fr-' N w 2 r2 U v� s Cd r) GF2 cn ari .0 N U x U am W Z d a. Z, 0. a P; x rig S i I r N P9 O CI N N M 7 4 1Y t I a A i O cm x u m � c �.+ E V C � 0 0 o ( C 4Fi � r 1313jf m 1 � � cQ m m z '° kco i c � � x x x x i m o � a aa� o 4 o ' 0 0 d c •� z v' m rrA o. ox o PC Gn o. z O C* Gn i C !� Xq N t0 M V as :r E-+ M w � � c d Gn U U x u ave a z � w Attachment"Z HEALTH DISTRICT PAY PLAN FOR COMBINED CITYICOUNTY POSITIONS Ppy Plan HTH Pay Plan HTH includes all positions in the Health District. These positions may be designated as either exempt from overtime under the FLSA or as non-exempt and eligible for overtime under the FLSA. The pay grades and ranges for positions in Pay Plan HTH are as follows: Pay Plan HTH Health District H10-49 Non-Exempt(FLSA Overtime Eligible) H50-99 Exempt(FLSA Overtime Ineligible) Effective upon approval of County and City H11 $17,066 $22,743 $28,420 i H12 18,432 23,936 29,440 E H13 19,998 25,970 31,942 H14 21,797 28,307 34,817 H15 23,867 30,995 38,124 H16 26,254 34,096 41,938 i i H17 29,011 37,675 46,340 1 H18 31,728 41,583 51,438 l H52 28,144 38,527 48,909 H53 30,536 41,602 53,066 H54 33,286 45,565 57,844 H55 36,448 49,894 63,340 H56 40,093 54,853 69,613 H57 44,305 60,648 76,991 H58 49,177 67,320 85,461 Vu _ o - ° � v m Q,I m -Sal gft o � m $ (q _ 4-t7 o8o o � Vo 0 0 E yj N N ' V IaLv L � 4w T C3m ,o t� �, W o m N c m m r a QhO p1 p= µj O N 0 r N (C b CV C) 1 M q Q." LL a Yv. N N. W ..! c C V O T a+y CO) a U IT a ca a ; d'Ln o {i m C3 a O 7 Off? N b o �IV m W m �•+ to � V � O V O O 4o s,,luJ C ; wIpg c- 0 i T CL � w F. LUus c l i m go r i ct ° �c rnCs V i L 3 o N O N � i Q O C I CV u7 p C N p C xN C7 }. °°C14 @ ' CV LO -I C M OR I a c OI i CI�E a V II� u c� CD �y ? rn r w 3 -� � ` 8 �.� a I �_ O c - O w o O � � 4 fin' a of m a pp eao � Ot� d /7 C N N �_ C3' C O I U fl. y n = r (NO _ o �� w 7 C J i � do }pry0 n IG c E c n c ,+ i !{Joy Zi ozm o ° z QBE A a UtoQ v c C3 = x P U QmE w co � a w.+ > v v v s C _ O N j C m v m _ w CL . m a � `m � a Im 4� To _ ea Ute= do z m m Ca 0 L C .y }' ts CL a a Q = -0 to m U D u m M m d d cc Z logo CL a 0uir � ciaa V Q •� 0 m 'ant E p o as ■r■■ f, m y 0 a c m 4.0 C U ° � ■t1■a L yJ v 2 I I rML U � LM a � o N _ CLo CL v � o N The State of Texas § County of Nueces § Amendment No. 7 to the Reformation of the Cooperative Agreement to Operate a Public Health District("District") Whereas, in April 2009, the City Council for the City of Corpus Christi, Texas and the Commissioners`Court of Nueces County approved the Reformation of the Cooperative Agreement to Operate a Public Health District("Agreement"); Whereas, the City Council for the City of Corpus Christi adopted a new compensation plan for City employees effective August 1, 2013; Whereas, Section A.3 of Attachment "B"of the Agreement provides that that changes to the pay plan or Health District employee pay adjustments shall be modified by mutual written agreement between the City Manager and County Judge to ensure pay adjustments for each Health District member are consistent, subject to final approval by the governing bodies of the City and County; Now, therefore, the parties desire to amend the Agreement to revise the Pay Plan for the employees assigned to the District; 1. Attachment "1", the Health District Job Title and Pay Grade Assignment, is replaced with the new Attachment 1". In addition, all other City position titles may be utilized by the Health District. 2. Attachment "2", the Health District Pay Plan for Combined City/County Positions, is replaced with the new Attachment"2". 3. Effective September 1, 2013, each employee of the Health District will be assigned to the next pay step in their new pay grade closest to their current salary. 4. In fiscal year 2013-2014, the salary of each employee of the Health District will be increased by a 2.5%pay step increase on the first full pay period following the anniversary date of their current position, subject to the employee meeting criteria established in Attachment"K 5. All other terms and conditions of the Agreement remain in effect. This Amendment takes effect upon date of last signature. Executed this }h day of SfJ2±e 2013. ATTEST NUECES COUNTY, TEXAS N-,ej— �s� G 'or Dian'bl Barre V uel L. lWal, Jr. County Clerk unty Judge ATTEST: Ci CITY OF PUS C XAS Armando Chapa n City Secretary Ci Man er i i I I i f 1 s t z CL r E w q, W W CU W (J3 CD ou 0) 0) 0 cu w co r du 0 w r F IV c a c C r- c c 0 0 0 0 0; ol 0 0 0 0 0 0 0 0 0 0 0 0 oto zzzzzizz z z Z* Z, Z* zo z zIz,z z z z z z m z ZIP2 zlzjz� m I L jm M cq 018 C3 0 0 Is 0 TO -41 4! 4 '.4 r4 cm "I r4 -I r • !i CL OL ba m im r ro 2! .9 IN 2 r_ C mw .0 ol — 2 M, z z A2 to e 'E r 5u 49 . w 9 9 , ra cn 12 c) lO r m CL —00 0 > > 0 ca to cu E • M, 5 ld d tmd) E 5 FL -r- tm C - =. = 0 M 0 w IWO 0 0 0, M, M, M, M, x 0' a. a- a. CL 2 3: a. a- 0: CL tD w on w CO CO W W it- 11 f- t- t� to V) && -,I,- v IV v Ln V) tCD M r 't Q 3: M M Im m 2: !m m m m m 0 (D M— —M —M Y: E M a) M Z:Im M M x m "0 'n La 0 Z11 02 L) gtj CL t! 12 4) .3 A avo, 9 —r_ 0 C c .D t I fi W CC m C 0 as u�i s U3 1 in rb vs to 0. A 5 C t IL 0 -a. g 1-d 9 gin 0 (D i5 5 a a E is :r 3: M 15 is ILI co 0, Cl 1 r r � � s 9J 1 W d7 0 I d I R/I W' W CO, a7 W W 0► C C= = C C C C C' IC C C C Cr 0 0; 0 OII 0 01 a ole 0 0 o a 0; z z z' z z z z z1,212 zz! 1 Lrb i I E I FV IVG..I ,Q V V � � 4 •O {N I N N N N N N N N ev N N �i eel i i F h .. an m r , m 'm m e c m im it a L° {L° � x !a ' `N N W m e6 l0 0 m SO ♦,4. 0 O Q x 9x1 Z x [a x � c � Q 9 -935 v ie m J3 v a B m MO z m N x x i i s EO a 8 i 'A M 't0 I s ti 1190 n QI t V ((�� ((D� I((pp ((pp r Q7 €I[1 �v7 3D V] ICJ IY'I LD 's � I1l1 K1 Ij1 T � �x x '� a z a I T i m D P U 2 "E z z 2 Nu BMn e m °' .. �' m ami aml m !' @ a o d 13 _ $ x 2 2 T x m m U .- 2 o v v u l r In I ar m a 'S Viz.Iz.Id 0 w.�.5n...J!?a..a ta_ 115 Attachment"2" HEALTH DISTRICT PAY PLAN FOR COMBINED CRY/COUNTY POSITIONS ft Piign HTN Pay plan KM includes all position in the Health District.These positions may be designated as either exempt from overtime under FLSA or as non-exempt and eligible for overtime under FISA.The pay grades and ranges for positions In the Pay Plan HTH are as follows: Pay Pian HTH Health District Grade 101-125 Non-Exempt(FLSA Overtime Eligible) Grade 201-221 Exempt(FLSA Overtime Ineligible) Grade 310&313 Exempt(FLSA Overtime Ineligible) Effective upon approval of County and City of Corpus Christi Grade Minimum Mid Maximum 101 $16,871 $22,135 $27,644 102 $17,714 $23,242 $29,026 103 $18,60D $24,404 $30,477 104 $19,529 $25,624 $32,001 105 $20,505 $26,905 $33,601 106 $21,530 $28,250 $35,280 107 $22,609 $29,663 $37,045 108 $23,738 $31,146 $38,891 109 $24,923 $32,703 $40,842 110 $26,171 $34,339 $42,885 111 $27,480 $36,056 $45,029 112 $28,854 $37,858 $47,279 113 $30,296 $39,751 $49,644 114 $31,811 $41,739 $52,126 115 $33,402 $43,826 $54,733 116 $35,072 $46,017 $57,469 117 $36,825 $49,318 $6D,343 118 $38,667 $50,734 $63,360 119 $40,600 $53,271 $66,528 120 1 $42,630 $55,934 $69,854 121 $44,761 $58,731 1 $73,347 i 122 $46,999 $61,667 $77,014 123 $49,350 $64,751 $80,865 124 $51,817 $67,988 $84,908 125 $54,408 $71,388 $89,154 201 $ 31,705 $ 41,600 $ 51,953 202 $ 33,291 $ 43,680 $ 54,55O 203 $ 34,955 $ 45,864 $ 57,278 204 $ 36,702 $ 48,157 $ 60,141 205 $ 38,538 $ 50,565 $ 63,149 206 $ 40,465 $ 53,093 $ 66,306 247 $ 42,488 $ 55,748 $ 69,622 208 $ 44,612 $ 58,535 $ 73,102 209 $ 46,843 $ 61,462 $ 76,758 210 $ 49,185 $ 64,535 $ 80,595 211 $ 51,644 $ 67,762 $ 84,62.5 212 $ 54,226 $ 71,150 $ 88,857 213 $ 56,938 S 74,708 S 93,300 214 $ 59,785 $ 78,443 $ 97,965 215 $ 62,774 $ 82,365 $102,863 216 $ 65,913 $ 86,483 $108,005 217 $ 69,207 $ 90,807 $113,405 218 $ 72,668 $ 95,347 $119,075 219 S 75,301 $105,120 $125,029 219 $ 76,302 $105,120 $125,029 219 $ 76,301 $105,120 $125,029 219 $ 76,301 $100,114 $125,029 219 $ 76,301 $100,114 $125,029 219 $ 76,301 $100,114 $125,029 220 $ 80,116 $105,120 $131,280 221 $ 84,122 $110,376 $137,844 310 $74,464 $97,704 $122,019 313 $$6,202 $113,304 $141,251 i i i s E , ATTACHMENT"3" Salary Increase Certification Employee Name =e Employee ID# Department Division Date stetted in position: Step Eligibility Increase Date: Name of Supervisor Preparing this Certification: Supervisor's Title: I confirm by this certification that the employee identfied above: Yes No Has p2rformed satisfactorily Has no pending negative employment actions Should be granted their pay increase If the response to any of the above is No,explain here: Supervisor signature: Date: Second Level signature: Date: Department Director "Signature: Date: City Manager 'Signature Date: County Judge *If this is a Health District Employee covered by the Cooperative Agreement between the City and County Then both the City Manager and County Judge must sign this certification. 2,Qi°1o7,3a day SECOND AMENDMENT TO THE REFORMED COOPERATIVE AGREEMENT TO OPERATE A PUBLIC HEALTH DISTRICT This second amendment("Second Amendment") is made by and between the City of Corpus Christi ("City") and Nueces County("County"). WHEREAS, the City and the County previously entered into an agreement effective April 21, 2009 ("Agreement"), to cooperatively operate a public health district("Health District") for the benefit of tooth parties; and WHEREAS,the City and the County previously amended the Pay Plan found in the Attachments 1 and 2 of Attachment"B" (entitled "Terms and Conditions") of the existing Agreement to include the revisions set out in the document entitled First Amendment to the Reformed Cooperative Agreement to Operate A Public Health District ("First Amendment")effective September 1, 2013; and WHEREAS, the City and County acknowledge that the current Agreement, Terms and Conditions and First Amendment do not address the allocation of costs associated with the City providing the purchasing functionfor the Health District and cost associated with prevision of facilities and information technology services for the Health District; and WHEREAS, the City and County mutually desire to amend Attachment"B" (entitled "Terms and Conditions") of the existing Agreement and associated attachments to the terms and conditions to include the revisions set out in this Second Amendment. NOW, THEREFORE, in consideration of the premises and the mutual promises made in this Amendment No. 2, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, each of the Parties hereby agrees as follows: Section 1. The language contained in the preamble above is incorporated by reference in this section. Section 2. Part "E" of the Terms and Conditions of the Agreement is amended by adding new subpart"5"to read as follows: "5. The City and County shall share in funding salary and benefits of a Buyer Position in the City's Purchasing Department at the percentage of 53.67% City and 46.33% County. The position will start at grade 204. Position benefits include retirement, health benefits, workers' compensation insurance and general liability insurance. The City and County shall continue to share in funding the salary and benefits for this position annually in the percentages listed and acknowledge that the cost of the salary and benefits for this additional position may increase annually in accordance with City pay policies. The City shall bill the County monthly for salary and benefit cost sharing. City agrees to provide written notice to County of any annual increase in the salary and benefits of the City Buyer Position via certified mail to County Judge, 901 Leopard, Room 303, Corpus Christi, Texas 76401 prior to effective date of such increase. Section 3. The Terms and Conditions of the Agreement are amended by adding new Part"I"to read as foliows: "I. Miscellaneous Cost Sharing Provisions 1. The City and County shall share in the cost in providing information technology services to the Health District employees based on the percentage of City employees versus County employees. For fiscal year 2017 the estimated total cost to the City in providing information technology services for the employees of the Health District is $234,120.00. The percentage contribution shall be 65.07% City and 34.93% County. 2. The City and County acknowledge that the cost associated in providing information technology services may increase annually. The City and County agree to continue to share in the cost based on the percentage of employees without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index—All Urban Consumers (CP!-U)for the Houston- Galveston-Brazoda, TX area---All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter published by the Bureau of Labor Statistics or other department of the United States Government succeeding to its functions. 3. The City and County shall share in the costs in providing facilities to the Health District employees at the percentage of 53.67% City and 46.33% County. For fiscal year 2017 the estimated total cost to the City in providing facilities to the Health District is $200,136.00. 4. The City and County acknowledge that the casts associated in providing City facilities may increase annually. The City and County agree to continue to share in these costs based on the percentages in paragraph 3 without having to amend this Agreement, unless the costs increase by more than 3% based upon the percentage change in the Consumer Price Index—All Urban Consumers (CPI-U)for the Houston-Galveston-Brazoria, TX area—All Items, during the one year period immediately preceding such Fiscal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter i published by the Bureau of Labor Statistics or other department of the United States Government succeeding to its functions. 5. The City shall bill the County annually for cost sharing associated with providing information technology services and facilities. 6. The City agrees to provide written notice to County of any annual increases in costs for facilities or information technology services via certified mail to County Judge, 901 Leopard, Room 303, Corpus Christi,Texas 78401 prior to the effective date of the increase. Section 4. This Second Amendment is made effective October 1, 2017, and after final approval of the parties' governing bodies to the execution of this document by the parties' authorized representatives. (EXECUTION PAGE FOLLOWS) EXECUTED IN DUPLICATE, each of which is considered an original, on this the day ofs _ - I'Y}_bt Kr- , 2017. V CITY OF CORPUS CHRISTI ATTEST: Margie C. Rose Rebecca L. Huerla City Manager City Secretary APPROVED AS TO FORM: �t��.r�� ,�� , 2017 I HU1tIL►. Assistant City Attorney �`" 3YtatL for the City Attorney �v SECRETA Nueces County ATTEST: a' uel L.Ne c. Ka ands County Judge County Clerk/Q APPROVED AS TO FORM: � J'1tf2�L-! _/ 12097 �551CNER� OaG v � Laura Garza-Jimenez County Attorney ctno"") PH AGENDA MEMORANDUM Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Robert Rocha, Fire Chief RRocha(a)cctexas.com (361) 826-3932 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Amendment No. 1 to the End User License Agreement for the WebEOC Managed Hosting and Hybrid Installation Master Service Agreement CAPTION: Motion authorizing Amendment No. 1 to the End User License Agreement in an amount not to exceed $57,675.00, for the addition of hosting services to the existing WebEOC Managed Hosting and Hybrid Installation Master Service Agreement with ESI Acquisition, Inc., of Augusta, Georgia, with FY 2020 funding in the Information Technology and Fire Grants in the amount of $49,040.00. SUMMARY: This amendment adds a hosting license and includes the services to migrate the existing on-premise WebEOC system databases and boards to the cloud and will expire July 31 , 2022. This service is currently managed jointly between the Information Technology Department (IT) and the Fire Department to resolve WebEOC issues. The purpose of the amendment is to transition from an on-premise to cloud service which is necessary with the ever-changing advancements in technology. This will provide a reliable and up-to- date WebEOC system in the cloud for times of critical need when an emergency arises. BACKGROUND AND FINDINGS: WebEOC is a statewide emergency management platform that the City and the State of Texas use to communicate during times of emergency or planned special events. The City of Corpus Christi is one of the WebEOC administrators for the region which consists of 11 counties and partnering agencies. This system allows for communication, information sharing, situational awareness, tracking of resources and evacuees, mapping, reporting, and planning. This is the only system that allows the City to track evacuees, make resource requests locally, regionally, and most importantly to the Texas Division of Emergency Management during times of disaster. Information entered to the system is archived and can later be used for FEMA reimbursement. The information collected is also used to build upon and improve reoccurring special events that take place in the city annually. ALTERNATIVES: This amendment adds a cloud based hosting license and includes the services to migrate the existing on-premises WebEOC system databases and interfaces to the cloud which will provide high availability to the City and surrounding areas. This ensures that access to the system remains accessible from anywhere with internet connectivity. If this system is not hosted, then there will be higher risk of the system being unavailable during times of critical need when an emergency arises which has occurred in the past. FISCAL IMPACT: The fiscal impact shared between IT and the Fire Department in FY 2020 is an amount of $49,040.00. The remaining cost of $8,635.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5210 Info Tech Organization/Activity: 40495 IT Public Safety Services Mission Element: 241 Provide & Support Technology Infrastructure Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $24,040.00 Fund: 1062 Fire Grants Organization/Activity: 820552L CBRAC-WebEOC 17-18 Mission Element: 095 Mng Emergency Operations & EOC Project # (CIP Only): N/A Account: 520100 Computer Equip & Software Noncapital Cost: $21 ,346.50 Fund: 1062 Fire Grants Organization/Activity: 820553L CBRAC-WebEOC 18-19 Mission Element: 095 Mng Emergency Operations & EOC Project # (CIP Only): N/A Account: 520100 Computer Equip & Software Noncapital Cost: $ 3,653.50 RECOMMENDATION: Staff recommends approval of this motion authorizing the amendment for additional hosting service for WebEOC with ESI Acquisition, Inc. LIST OF SUPPORTING DOCUMENTS: Amendments Service Agreement End User License Agreement DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-1 07001 43881 0 First Amendment to End User License Agreement Addition of Hosted Services This First Amendment to End User License Agreement (the "Amendment"), effective as of the _ day of 2020 ("Amendment Effective Date"), is by and between ESi Acquisition, Inc. ("ESi") and City of Corpus Christi Fire Department, Texas ("Client"). WHEREAS, ESi and Client are parties to that certain End User License Agreement, accepted by Client at the time of installation of the Software(the"Agreement"), pursuant to which ESi provides Client certain use and access to the ESi WebEOC®Software licenses and services, all as expressly provided in the Agreement; WHEREAS, ESi and Client now desire to amend the Agreement as expressly provided in this Amendment. NOW,THEREFORE,in consideration of the mutual promises,covenants,and agreements made and contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: 1. Amendment to Agreement. Effective as of the Amendment Effective Date,the Agreement is amended as follows: A. Section 2, entitled "Definitions,"shall be amended to include the following new defined terms: "Administrator"means an employee,officer,director or consultant of Client to whom Client has provided a user account and certain rights to administer the Software on behalf of Client. "Client Data"means data input by Client or its authorized Users into the Software. "Consulting Services"means the professional services for installation or implementation of Hosted Services or Software, training services, or other non-recurring services as set forth on Exhibit C hereto; Consulting Services does not include Hosted Services or Support Services. "Fee"or"Fees"means the amounts due and payable by Client to ESi for the License and/or Subscription, and Support Services pursuant to this Agreement; the Fees may be set forth on Exhibit C, as amended from time to time, to this Agreement or ESi's quotations. "Hosted System" means the combination of hardware, software and networking components used by the Juvare Cloud to deliver the Hosted Services. "Hosted Services" means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of an ESi customer and exclusively for the benefit of permitted users of the Software. "Juvare Cloud" means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESi's customers;Juvare Cloud TM is a trademark of Juvare, LLC. "Sub-Administrator"shall mean as set forth in Section 5 of this Agreement. "Subscription" means a Software-as-a-Service based grant for Client to use and access the Hosted Services, including, without limitation, the Software and to store the related Client Data within the Hosted System, subject to the terms of the Agreement and for the Term set forth on this Exhibit A. "Support Services" means the technical support services provided by ESi pursuant to Section 13 and Exhibit B to this Agreement. May also be referred to as"Software Support Services." "Term"shall mean as defined on Exhibit A. "User" means an authorized employee, contractor or affiliate of Client to whom Client has provided a user account for the Software; User includes Administrators and Sub-Administrators. B. Section 5, entitled "Permitted Uses,"shall be amended to include the following additional subsections: (g) The Client's storage capacity is set to the maximum as set forth on Exhibit A hereto. ESi shall have the right to conduct regular audits of Client compliance with the storage capacity permitted under this Agreement. In the event Client's storage usage exceeds such capacity,Client will receive a warning notice Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department,Texas final 07.09.2020 Page 1 of 13 DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-1 07001 43881 0 (via email being sufficient)from ESi and Client shall promptly remove the excess data from the Hosted System causing the capacity excess or Client shall promptly purchase from ESi additional storage capacity in sufficient quantity at ESi's then current rates for such additional storage; provided, however, if Client does not either remove such data or purchase the additional storage capacity within the time period specified in the warning notice (if no time period is specified in the notice,then thirty(30)calendar days shall apply),then ESi shall be entitled to delete the Client's Data within the Hosted System on a first in-first out approach,without any liability to ESi. (h) The Subscription is on a named and active user basis. Each Administrator, Sub-Administrator, and User shall have a unique user account. User accounts, usernames and passwords shall not be shared. Client may provide access to the number of Administrators, Sub-Administrators, and Users set forth in Exhibit A to this Agreement. User counts are based on the number of unique logins each month. ESi shall have the right to conduct regular audits of Client compliance with the number of Users permitted under this Agreement. Client agrees to provide ESi with the information required, if any, for ESi to complete such audits. Such audits shall be conducted at ESi expense, except that Client shall be responsible for reimbursing ESi for all reasonable audit expenses if Client shall be found in violation of the User limits set forth in this Agreement. Client shall be in violation of User limits if the number of Users during any month covered by the audit is greater than the number of Users permitted in Exhibit A and such increase in Client is not supported by a Surge Capacity Plan, and ESi shall invoice, and Client shall pay, for the amounts for such excess usage at ESi's then current rates for the usage above the Client's User limits set forth on Exhibit A. (i) Administrators, Sub-Administrators, and Users shall have different rights to access the Software as follows: (i) Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator("Administration Tools"). Administration Tools include, without limitation, the following: creation and administration of user accounts; creation and subsequent editing of incidents; software configuration; use of the WebEOC BoardBuilder tool; installation and administration of board sets, plug-ins, modules, interfaces and Software Updates; and access to the Software's Application Programming Interface. (ii) "Sub-Administrator"is a subset of Administrator Users as set forth in this subsection(ii)and such Sub-Administrators are only active if set forth on Exhibit A to this Agreement and if Client has subscribed to the WebEOC Enterprise Software.Sub-Administrator rights also shall be available solely to support management of Sub-Organizations. Sub-Administrators may access the following Administration Tools: creation of user accounts; management of user accounts including definition of roles and permissions; and creation and subsequent editing of incidents. Maintenance of Sub-Administrator rights requires the purchase of an annual "Enterprise" Software Support Plan. If Client elects to discontinue the required Software Support Plan,access to Sub-Administrator features and any other benefits of Enterprise which ESi may elect to make available from time to time shall be discontinued. (iii) Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTacT"^ Q) Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Client and Client may not grant such rights to any third party. C. Section 13,entitled "Maintenance and Support,"shall be amended to include the following subsection (d): (d) Support Services provided by ESi shall be subject to the terms in Exhibit B to this Agreement. D. Section 16,entitled "License Term and Termination,"shall be amended to include the following subsection (d): (d) If Client receives Hosted Services from ESi, the following termination provisions also apply upon non- renewal of the Term of the Subscription to the Hosted Services (as set forth on Exhibit A hereto) or termination of this Agreement for any reason: (i) Client's access to the Hosted Services (including, without limitation, all access to the hosted environments and data)shall be suspended; (ii) Client shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Client in connection with the Hosted Services delivered hereunder; (iii) Unless other arrangements are requested by Client within five (5) days of the effective date of termination and provided Client has paid all outstanding amounts due to ESi under this Agreement,for the five (5) day period following the effective date of termination of this Agreement ESi shall provide Client with access to its data or information within the Hosted Services for Client to download the Client Data; and Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 2 of 13 DocuSign Envelope ID: 1391DA0105-FF28-49A1-8D12-107001438810 (iv)Any and all Client Data shall be overwritten,erased,encrypted or otherwise rendered unrecognizable upon the sooner to occur of (i) Client's confirmation that it has downloaded the Client Data, or (ii) expiration of the period of access as set forth in subsection (c) above, or(ii)thirty (30) days from the effective date of termination of this Agreement. E. The Exhibit A to this Amendment shall be added to the Agreement as a new Exhibit A to the Agreement and incorporated into the Agreement by this Amendment; F. The Exhibit B to this Amendment shall be added to the Agreement as a new Exhibit B to the Agreement and incorporated into the Agreement by this Amendment; G. The Exhibit C to this Amendment shall be added to the Agreement as a new Exhibit C to the Agreement and incorporated into the Agreement by this Amendment; H. The Exhibit D to this Amendment shall be added to the Agreement as a new Exhibit D to the Agreement and incorporated into the Agreement by this Amendment; and I. The Exhibit E to this Amendment shall be added to the Agreement as a new Exhibit E to the Agreement and incorporated into the Agreement by this Amendment. 2. Entire Agreement. Other than as expressly amended herein, all other terms of the Agreement shall remain in full force and effect. This Amendment and the Agreement, including, without limitation, all documents referred to herein and attached hereto, constitute the entire agreement of the parties as to the specific subject matter hereof and supersede all prior representations, understandings and agreements between the parties with respect to such subject matter. If there is a conflict between or among such documents,first this Amendment,then the Agreement shall control. Any further amendments to the Agreement must be in a writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Amendment Effective Date. City of Corpus Christi Fire Department, Texas ESi Acquisition, Inc. DocuSigned by: By: By: NGC ht,ks D4DD6026E50C4C6... Nicholas Meeks Name: Name: CFO Title: Title: Date: Date:712112020 APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 3 of 13 DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-1 07001 43881 0 EXHIBIT A TO END USER LICENSE AGREEMENT 1. Term of Hosted Services Subscription The Subscription to the Hosted Services for the Software identified forth on this Exhibit A shall commence on the commencement date as specified in Exhibit C—Quote No. Q-02585 and continue thereafter as specified in Exhibit C —Quote No. Q-02585 (the "Term"). 2. Subscription Software The Subscription includes the following Software: Number of Instance Software 1 1 ESi WebEOC®Software—Professional,version: latest at time of implementation The Subscription includes the following "non- reduction"Software development cycle activities: Number of Instance Purpose 0 Development/testing of Software Updates prior to placing in production internal use only) 0 Training internal use only) 0 Disaster Recovery 3. Authorized Number of Users Client may provide access to the following number of Administrators, Sub-Administrators, and Users, all authorized on a named and active user basis: UserType Qty of Users Administrators 3 Sub-Administrators 0 Users 250 inclusive of Administrators and Sub-Administrators 4. Client Storage Capacity: 50 GB 5. Surge Capacity Plan Surge Capacity Plan has been purchased for Term: [ ] Yes [X] No 6. Emergency Response Program Emergency Response Program has been purchased for Term: [ ] Yes [X] No /End of Exhibit A Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 4 of 13 DocuSign Envelope ID: 139DA0105-FF28-49A1-8D12-107001438810 EXHIBIT B TO END USER LICENSE AGREEMENT DESCRIPTION OF SUPPORT SERVICES FOR THE SOFTWARE Support Services for the Software shall include the following(in addition to what is stated in the Agreement): 1. Telephone Assistance:Client's"Support Contact"(as defined below)may contact the ESi's Support Center for telephone assistance to seek advice relating to the use of Hosted Services and/or to identify and work to provide a"workaround"for Software problems, if available.Telephone assistance for non-Emergency Support Services shall be available during Standard Business Hours. 2. Problem Assistance: Client may submit problem assistance requests for Software assistance via the published ESi's support escalation procedures. ESi will notify Client if any request is beyond the scope of this Agreement and is, therefore, subject to additional charges. Requests for problem assistance for non-Emergency Support Services shall be available during Standard Business Hours. 3. Software Updates:ESi will update the Software as such updates and future versions of the applicable Software are made generally available to other ESi clients receiving Support Services at no additional charge. Any training required by Client related to such Software Updates and subsequent versions of the Software are provided for an additional charge. ESi shall provide Client with Software Updates to the Software,except for modules,as such Software Updates become available.Software Updates may include correction releases(i.e. patches provided to correct software anomalies),point releases(i.e. modifications to current generation of software including enhancement and improvements),and level releases(i.e.new releases or new generation of software),but shall not include new products,modules or plug-ins released commercially by ESi as independently priced items. For Modules, ESi shall provide Client any Software Updates released by ESi to correct errors affecting the operation of the Module,whether such error is caused by the Module itself or by an error in the Software, and any Software Updates required to maintain compatibility with the Software. ESi shall not provide for any enhancements to the Module. Process to Obtain Support Services. To obtain Support Services or telephone or problem assistance, Client's designated Support Contact (an assigned Administrator that has completed the Administrator training and is listed as the Support Contact for Client) may contact ESi's Support Center as pursuant to ESi's published support procedures.Such support procedures include contacting ESi's Support Center via telephone, email and, when required, remote session support during Standard Business Hours and during Non-Standard Business Hours. "Routine"Support Services includes assistance with the use and configuration of the software;assistance with identification and resolution of errors or defects assistance with application and use of new releases; general support for Board Builder and boards built by ESi or an ESi-certified technician; and access to WebEOC best practices, community-use status boards, "help"resources and other content made available through https://www.0uvare.com/customers/technical-support, a"client only"web forum. Support Services may be accessed by Client by calling the Support Center via(877)771-0911 or by electronic mail at support((_luvare.com (subject to updates and changes by ESi). "Emergency" Support Services shall be available 24 hours per day, 365 days per year. Emergency telephone support includes any assistance needed by Client while Software is in use operationally,whether for actual incidents or exercises excluding assistance with GIS interfaces, mapping or products,which is licensed by a third-party vendor is available only during Standard Business Hours. Emergency Support Services may be accessed by calling the Support Center via(877)771-0911 (subject to updates and changes by ESi). Client may request performance of additional services by ESi. Such services may be obtained via Change Order(reference Exhibit E— Appendix A). Limitations on Support Services. ESi will provide Support Services for only the current version of any Software. Client is obligated to promptly implement all Software Updates,work arounds and error corrections provided by ESi. Problems or Issues Not Covered by Support Services. The following issues/problems, and all issues or problems caused by the following,are not covered by Support Services: 1.Alterations to the Software not authorized by ESi; 2. Unless otherwise agreed in an Exhibit or Statement of Work hereto, customizations to the Software from consulting or professional services provided by ESi, including applications design or recommendations by Client; 3. Software problems created by Client negligence or fault or failure to comply with any specifications, policies, procedures or requirements for use of the Software, including,without limitation,those set forth in ESi's Terms&Conditions; 4. Software problems caused by or related to a change in Client's service provider or internet access provider. Without limiting the generality of the foregoing,no reconfiguration of the Software due to a change in a service provider is covered under Support Services. Client should notify ESi prior to changing its service provider to enable ESi to provide configuration specifications to the new service provider. Any programming and configuration changes will be charged to Client at the then-current ESi's daily/hourly rates for such reconfiguration services; 5. Software problems that do not significantly impair or affect the operation of the Software; 6.Assistance with third party products;Training; Installation of plug-ins, boards or modules;API support;Board building;and 7. Client's failure to allow for the prompt implementation of Error corrections, Software updates, or any work-around provided or made available by ESi(including,without limitation and applicable at all times,implementation of more recently released,generally available versions or releases of the Software made available through Support Services that contain corrections to the relevant Error or where such Error does not occur when using such more recently released version or release of the Software). Client Responsibilities. Client agrees to limit its requests for Support Services after Standard Business Hours to occasions when the problem related to the Software is critical to Client's operation and cannot wait to be addressed until Standard Business Hours on the next succeeding Contractor business day. /End of Exhibit B Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 5 of 13 DocuSign Envelope ID: 139DA0105-FF28-49A1-8D12-107001438810 EXHIBIT C TO END USER LICENSE AGREEMENT FEES Fees—Quote No. Q-02585 ITEL-1 NUMBER DESCRIPTION SALES QTY TOTAL PRICE PRICE ASP Hosting -WebEOC Professional (Up to 250 103-H-PRO-250 Users} $7,915.00 1 $7,915.00 Year 4 -8/25/2020-7131/2021 Professional Services-Solutions Services 700-P-SSP-2 Project- OtheriMultiProduct $4,O1DD_00 1 $4,D00.00 Migration Services to move from On- Premise WebEOC to Juvare hosted WebEOC environment Professional Services-Solutions Services Project- Other/MultiProduct 70D-P-SSP-2 Migrate on premises database to test host $225.OD 165 $37,125.00 environment for board functionality evaluation_Also, evaluate and update Boards(6)to include new bootstrap code ASP Hosting-WebEOC Professional (Up to 250 103-H-PRO-250 Users) $8,635.00 1 $8,635.00 Year 5-8/112021 -7131f2022 Subtotal: $57,675.00 Contract Grand Total $57,675.00 (plus applicable taxes) Additional Disclaimer Totals listed above are exclusive of applicable taxes. Work cannot be started and dates for services cannot be secured until the applicable initial payment has been received_ Pricing contained herein is based on configuration outlined above.Some items may not be sold separately. Pricing is valid until the expiration date set forth above. If the"Bill To"entity above is tax-exempt,such entity shall be responsible for providing all necessary documentation to show such tax-exempt status. Estimated amounts for Pre-Paid Travel Expenses are for informational purposes only,all Travel Expenses incurred by Juvare or its affiliate shall be invoiced to and paid by Client_ 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. /End of Exhibit C Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 6 of 13 DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-1 07001 43881 0 EXHIBIT D TO END USER LICENSE AGREEMENT HOSTED SERVICES 1. Definitions. For the purposes of this Exhibit, the following words have the meaning set forth below: a. "Juvare Cloud" means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESi's customers. b. "Hosted System" means the combination of hardware, software and networking components used by the Application Service Provider to deliver the Hosted Services. c. "Hosted Services" means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of an ESi customer and exclusively for the benefit of permitted users of the Software. All other capitalized terms in this Exhibit D shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit. 2. Scope of Services. ESi shall provide the following services to address the Software hosting needs: a. ESi shall provide Hosted Services to Client according to the provisions set forth in the Agreement and this Exhibit. ESi shall notify Client promptly upon creation of Hosted Services account and provide Client with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. b. ESi shall provide and maintain the facilities,hardware,and networking components as it sees fit to provide access to the Juvare Cloud for the benefit of Client. c. ESi shall perform, at its convenience and after notice to Client, scheduled updates of the Juvare Cloud as ESi or its hosting subcontractor sees fit. Such updates shall be scheduled to enable the simultaneous update to all of ESi-hosted customers. d. ESi or its hosting subcontractors shall be entitled to perform, as needed, emergency security updates to the Hosted System to protect the Juvare Cloud or the subcontractor's hosted environment from newly identified and widespread threats to the internet or internet-based services posed by worms,viruses and Trojans,or to address other vulnerabilities,with little or no notice to Client. e. ESi shall provide and maintain a redundant shared environment of the Juvare Cloud at a location that is geographically separated from its primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location of the Juvare Cloud. Failover to the redundant shared environment of the Juvare Cloud is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary shared environment of the Juvare Cloud. f. ESi will notify (via ESi's Support Center)the Client of any planned service outages, i.e., for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement. g. ESi shall schedule, perform and maintain a duplicate ("backup") record of Client's data within the Juvare Cloud. ESi shall perform hourly SQL transaction log backups and daily full backups. Data backups are limited to SQL database server files (i.e., those files having a .mdf or .Idf file extension). Data backups shall be retained on-site for four weeks. h. In addition to the Support Services pursuant to the Agreement and Exhibit B, ESi shall provide Client with Support Services for the Hosted Services which include assistance with problems related to the Juvare Cloud, data access, Hosted System access, or similar problems. Such Support Services for the Hosted Services may be accessible to Client via the same contact information provided to Client for Support Services;provided, however,services to be provided by ESi under this Exhibit and the Agreement do not include assistance with third party products; training; installation of plug-ins, boards or modules; API support; or board building; or repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(h), or services required to repair or correct the errors and defects described in this Section 2(h), shall be provided on a fee-for-services basis at rates consistent with the ESi published price list in effect at the time services are rendered. i. Client may request performance of additional services by ESi.Such services may be obtained via Change Order(reference Exhibit E—Appendix A). 3. Client Obligations a. The Client shall maintain, at Client's expense, a secure high-speed internet connection through which to access its hosted Software. b. The Client shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Client shall provide ESi with the name,job title, physical address, telephone number, facsimile Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 7 of 13 DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-107001438810 number and electronic mail address for each of the contact persons. Client shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. c. The Client shall use reasonable security precautions in connection with the use of Services provided under this Agreement. d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by its employees, agents, contractors and permitted users of the Software and Hosted Services. e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non-emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages. f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs Client's access to the Software so that ESi may manually activate the redundant shared environment of the Juvare Cloud and immediately commence work to restore service to the primary shared environment of the Juvare Cloud. b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other customers. 4. Limitations on Use of Hosted Services. a. Client's usage of the Hosted Services in the Juvare Cloud is subject to capacity and performance constraints. Monthly active user count does not equal maximum concurrent users. Concurrent user capacity will be variable based on Juvare Cloud load. b. Access to the Hosted System may not be rented, leased, sold, sub-leased, assigned or otherwise transferred for value or for no value by Client to any third party. c. Hosted System and Hosted Services are provided to support the Software which is an information management tool. Hosted Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosted Services are not appropriate for use in ultra-hazardous environments where failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System or to support delivery of Hosted Services. e. ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Client or its authorized users. /End of Exhibit D Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 8 of 13 DocuSign Envelope ID: 1391DA0105-FF28-49A1-8D12-107001438810 EXHIBIT E TO END USER LICENSE AGREEMENT STATEMENT OF WORK No. CCTX20200506 This Statement of Work("SOW")is governed by, incorporated into,and supplements the terms and conditions of the Agreement. Unless defined herein, all capitalized terms shall mean as defined in the Agreement.This SOW shall be subject in all respects to the terms of the Agreement. In the event of any conflict between the terms of this SOW and the Agreement, the terms of this SOW shall govern for purposes of this SOW and the Services (as defined below) provided hereunder. 1.0 Services Overview ESi will provide Client with remote services for ESi to deploy a Subscription based Instance to the WebEOC® Software in the Juvare Cloud TM, assist Client with the migration of Client's currently self-hosted database to the hosted Instance, update the version from 8.3 to version 8.8 as set forth herein, and update specified Boards to conform to ESi's current best practice Board building standards and technologies (collectively, the "Services"). 2.0 WebEOC Software Subscription Deployment& Physical Migration to the Juvare Cloud TM ESi will configure a new, temporary Instance of the WebEOC Software (version 8.3) in the Juvare Cloud (as defined on Exhibit D) shared hosted environment to serve as a starting point for migrating Client's current, self-hosted instance of the WebEOC Software(version 8.3)into the Juvare Cloud.As part of the effort to setup the new, temporary Instance of the WebEOC Software (version 8.3), ESi will work with Client's IT staff and personnel to prepare and transmit a backup copy of Client's current,self-hosted database which will imported to work with the new, Instance of the WebEOC Software (version 8.3) in the Juvare Cloud. 3.0 WebEOC Software Subscription Version Upgrade to v8.8 Upon completion of the deployment of the WebEOC Software Subscription and the physical migration to the Juvare Cloud described in Section 2.0 above, ESi will provide a Software Update to the new, temporary Instance of the WebEOC Software (version 8.3) in the Juvare Cloud to version 8.8. 4.0 WebEOC Software Board Update Upon completion of the version 8.8 Software Update described in Section 3.0 above, ESi will update and remediate the following boards in Client's Instance to work properly in the upgraded WebEOC Software Subscription, version 8.8: 1) Position Log 2) Resources 3) Road Hazards/Road Closures 4) Annexes 5) Personnel Check-In For each of these listed Boards, ESi will update the user interface styling to conform with ESi's current best practice Board layout recommendations and guidelines; update the underlying HTML and JavaScript code used to construct the Boards to operate properly in the upgraded WebEOC Software Subscription, version 8.8, software and technical environment; and test/validate that the updated Boards operate properly in the upgraded WebEOC Software Subscription, version 8.8 environment. Should Client wish to expand the scope of this engagement to include Board programming services for other Boards not listed above, Client may request such changes by submit a Change Order, as illustrated in Appendix A to this SOW; upon receipt of submitted Change Order(s), ESi will prepare and submit to Client work and cost estimates for the requested Change Order for review and approval prior to the commencement of any out-of-scope services. 5.0 Production Deployment Upon completion of the foregoing Services, ESi will send Client an Implementation Completion Form for review and signature by Client. Following Implementation Completion Form being signed by Client, ESi will assist Client with preparing and importing a second backup copy of Client's self-hosted database to ensure that all current data is fully migrated to the new, WebEOC Software Subscription, version 8.8, in the Juvare Cloud. Lastly, ESi will provide planning and coordination assistance to Client personnel to schedule and execute the production cutover to the WebEOC Software Subscription, version 8.8, in the Juvare Cloud. Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 9 of 13 DocuSign Envelope ID: 1391DA0105-FF28-49A1-8D12-107001438810 6.0 Transition to Support Services Upon completion of the Services, Client will be transitioned to the Support Services "phase". Client will be introduced to its assigned ESi Client Success Manager and to the Juvare Support Center. The WebEOC Support Team is responsible for all activity related to assisting customers with the WebEOC suite of products, both covered under support plans and as well as services paid separately. Customers have 24/7 access to the Juvare Client Hub (https://support.ouvare.com), which provides a variety of information and links to the latest software downloads and associated guides. 7.0 Assumptions a) Client is not using Browser Compatibility Mode. b) Client can access web conferencing (e.g., Zoom Meeting)for any remote meetings and validation. c) Client will provide a named Project Manager who will serve as the primary point of contact("Client POC") for ongoing project planning and project communications efforts. Project Manager Name: Greg Johnson Phone number: 361-826-8354 Email:GregJQcctexas.com d) Client will sign the Implementation Completion Form, provided by ESi to Client, within 14 days of the completion of the Services by ESi. e) The Services provided by ESi under this SOW shall be conducted during Standard Business Hours (as defined in the Agreement)at the Fees set forth herein(any Services that the parties agree will be provided outside Standard Business Hours shall be subject to additional charges unless otherwise stated herein). f) Scheduling of resources and Services will be provided upon ESi's receipt of the Agreement, with this SOW incorporated, signed by the Client. The dates for the performance of all Services hereunder are subject to mutual written agreement of the parties. g) If Client requests that the project to be delayed for more than 30 calendar days once project schedule has been agreed upon,Client must notify ESi in writing of such request.When Client is ready to reengage on project,written notice must be provided to ESi.All project resources will be unassigned from the project at the time project is put on hold.At time of reengagement, ESi will work with Client to determine a new, mutually agreeable project schedule. The original ESi project team is not guaranteed to be available for the new project schedule. h) On-site Services by ESi resources are not expected for purposes of this SOW. Should on-site Services be deemed necessary, such services may be obtained via Change Order(reference Appendix A). i) ESi shall not be obligated to provide any Services hereunder on or after one (1) year from the SOW Effective Date. ESi will provide not more than one-hundred sixty five(165)man hours of work effort under this SOW. Any unused man hours of Services purchased by Client pursuant to this SOW will not be carried forward or available for use under other statements of work with ESi, and no paid amounts will be refunded.A change request may be used to extend these Services prior to the expiration date; provided, however, such change request is not enforceable unless and until executed by both parties. j) Other than the Subscription provided pursuant to the Agreement and implemented pursuant to this SOW, no Software licenses are being provided or purchased by Client pursuant to the Agreement or this SOW. Client is receiving a Software-as-a-Service Subscription to the Software. k) Client is responsible for the dissemination or modification of process documentation. I) Any additional man hours of Services required to be performed by ESi as a result of Client's failure to comply with its obligations hereunder, Client delays, or Client increases in the scope of Services under this SOW shall be invoiced to Client at ESi's then current rate for such Services (and such charges are in addition to the charges set forth below).All invoiced charges are due and payable pursuant to the payment terms set forth in this SOW(or, if none,then the terms of the Agreement). 8.0 Services Engagement Your ESi Project Manager will engage as follows: a) Upon ESi's receipt of the Agreement, with this SOW incorporated, signed by the Client, the ESi Project Manager will contact the Client POC to schedule a project kick-off call and schedule the dates for the Services. b) Any project related calls will be scheduled through the ESi Project Managerwith the Client POC. c) The ESi Project Manager will provide the Client POC with the overall project timeline and provide email status updates. d) Once the implementation is complete the ESi Project Manager will coordinate a closeout call with the Client POC to finalize the engagement and send the Implementation Completion Form for signature by Client. Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 10 of 13 DocuSign Envelope ID: 1391DA0105-FF28-49A1-8D12-107001438810 9.0 Delivery Services will be deemed delivered 24 hours after completion of the Services. Client will have fourteen (14) calendar days from receipt to review and identify defects. ESi shall perform the Services in a professional and workmanlike manner. Provided that Client provides ESi with written notice within 14 days of the date of performance of Services that fail to comply with the foregoing, ESi shall re-perform such Services in compliance with this SOW at no additional charge; provided, however, delays or changes in scope will incur additional man hours of services by ESi and such additional man hours of services shall be invoiced as set forth in this SOW. The remedies in this Section 9.0 shall be Client's sole and exclusive remedy, and ESi's entire liability, for any failure of any Services to comply with this Section 9.0. 10.0 Services Deliverables The following deliverables will be provided to Client from the Services set forth in this SOW: a) WebEOC@ Software Subscription deployment and migration to the Juvare Cloud; b) Updated WebEOC Software Boards identified herein; and C) No other deliverables. 11.0 Invoicing and Payment Terms All Services under this SOW shall be paid by Client according to the following terms and conditions: a) The Fees for the Services are set forth on Exhibit C to the Agreement and such Fees will be invoiced by ESi to Client pursuant to the payment terms on Exhibit C; b) The charges(plus taxes)for man hours of Services performed by ESi under this SOW outside of Standard Business Hours, additional man hours of Services provided by ESi resulting from Client delays, and resulting from increases/changes in the scope of Services under this SOW shall be charged to Client as follows: (a) $250.00 USD per man hour (plus taxes) if performed during Standard Business Hours, and (b) $375.00 USD per man hour (plus taxes) if performed outside of Standard Business Hours. These charges are in addition to any other charges payable under this SOW. Invoices for man hours of Services under this Section (b)shall be invoiced by ESi to Client on a monthly basis as performed by ESi; and c) No travel is expected pursuant to this SOW; additional services may only be approved by Client via Change Order(reference Appendix A). All invoices pursuant to this SOW(including, without limitation, invoices for Travel Expenses and taxes) are due and payable by Client to ESi within 30 days of the date of ESi's invoice. Please provide your billing contact: Attention:Greg Johnson Company:City of Corpus Christi Address 1: 1201 Leopard St. Address 2: City:Corpus Christi State:Texas Zip Code:78418 Phone: 361-826-8354 Email:GregJ@cctexas.com 12.0 Contacts Professional . Amber Thompson Clay Stephenson Oliver Oetterer Inside Sales Specialist Director, Professional Services Client Success Manager (470)279-6479 (770)330-3918 (203)491-8650 Amber.thompson@Juvare.com Clay.stephenson@Juvare.com Oliver.oetterer@Juvare.com 13.0 Additional Terms and Conditions a) This SOW is valid for 90 days from the Agreement Effective Date. b) Requests for modifications to this SOW after ESi's receipt of the Agreement,with this SOW incorporated and signed by the Client,will require a written change ordersimilarto the Appendix A attached hereto and executed by both parties. c) Significant changes in scope may require a new or revised SOW, as well as additional expenses. d) Receipt by ESi of the Agreement,with this SOW incorporated, signed by the Client authorizes work to begin. e) Rescheduling will be subject to ESi's standard scheduling policies based upon available resources. Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 11 of 13 DocuSign Envelope ID: 1391DA0105-FF28-49A1-8D12-107001438810 f) Nothing contained herein obligates either party to enter into engagements beyond that stated herein. g) Notwithstanding participation by members of the Client's user community in requirements development, payment or other project activities, Client rights and obligations under the Agreement may not be transferred or assigned. h) This SOW, the Agreement, and any mutually agreed upon change order(s), set forth the entire agreement of Client and ESi with respect to the Service and the Deliverables, if any, to be provided by ESi hereunder and supersede any and all oral or written agreements or understandings between the parties, as to the subject matter of this SOW or the Agreement. i) CLIENT EXECUTION OF THE AGREEMENT, WITH THIS SOW INCORPORATED, INITIATES SCHEDULING OF WORK. ACTUAL START TIME WILL BE SUPPLIED AFTER SCHEDULING IS DETERMINED. CANCELLATIONS (IF AGREED UPON)WILL INCUR SERVICES PERFORMED. Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 12 of 13 DocuSign Envelope ID: B9DA01 C5-FF28-49A1-8D1 2-1 07001 43881 0 APPENDIX A—Change Order Change Change Type Description of Change Requestor Date Date Status Number Submitted Approved Special Notes or Comments ESi Approvals Name Signature Date Approved ESi ESi Client Approvals Name Signature Date Approved Position Position /End of Exhibits Initials Amendment to add Hosting Services for WebEOC-City of Corpus Christi Fire Department, Texas final 07.09.2020 Page 13 of 13 WebEOC® End User License Agreement IMPORTANT—READ CAREFULLY NOTWITHSTANDING ANYTHING IN THE WRITTEN DOCUMENTATION, BY CLICKING ON THE "ACCEPT BUTTON," OR BY INSTALLING, READING, OR OTHERWISE USING THE SOFTWARE, OR BY OPENING THIS PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE LICENSEE OR USER OF THIS SOFTWARE AND SUCH LICENSEE OR USER IS CONSENTING TO BE BOUND BY, AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS,YOU MUST CLICK ON THE "CANCEL BUTTON", OR CANCEL THE INSTALL, IF APPLICABLE,AND YOU WILL NOT HAVE ANY LICENSE TO ANY PART OF THE SOFTWARE, OR YOU MUST RETURN THIS PRODUCT, AND ALL MANUALS AND DOCUMENTATION, TO THE PLACE YOU OBTAINED THEM WITHIN TEN (10) DAYS OF PURCHASE FOR A REFUND. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. IF YOU HAVE ORDERED THIS PRODUCT, ESI's ACCEPTANCE IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS (EXCEPT NON-PREPRINTED QUANTITY, PRICE, PAYMENT AND LICENSE RESTRICTION TERMS AGREED UPON BY YOU AND ESI IN WRITING); IF THESE TERMS ARE CONSIDERED AN OFFER BY ESI, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS: 1. ESi License Agreement. This is a license agreement and not an agreement for sale. This License Agreement("Agreement")is between the Licensee and ESi Acquisition, Inc. ("ESi"), a Delaware Corporation with its principal place of business at 823 Broad Street, Augusta, GA 30901. This Agreement gives Licensee certain limited rights to use the proprietary ESi Software,Software Updates,and Documentation including any updates thereto. 2. Definitions. (a) "Documentation" means the WebEOCR Administrator and User Manuals and any other documents,materials,information or guidance,whether supplied as printed material or in electronic form, provided by ESi in conjunction with the purchase,training,use,maintenance or update of the Software. (b) "ESi" means ESi Acquisition, Inc., a Delaware corporation, with its primary place of business at 823 Broad Street,Augusta, GA,USA, 30901. (c) "License" means certain limited rights to use the proprietary ESi Software, Software Updates, online and/or hard-copy documentation and user guides as set forth in Section 4 of this Agreement. (d) "Licensee" means the person or legal entity accepting this License to use the Software, or for whom such License was obtained. (e) "Software," "Server Software,""Software Plug-In" and"Software Updates" collectively mean all of the WebEOC® software received from ESi with this License. 3. Ownership and Licensing Authority. (a) Ownership of, and title to, the Software and Documentation shall be held by ESi and its licensor(s) and is protected by United States law and applicable international laws, treaties and conventions Rev 02/23/2007 ©1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement regarding intellectual property. ESI warrants that it has the power and authority to grant the license described herein. ESI and its licensor(s) shall retain all rights,title and ownership not granted herein to all copies of the Software and Documentation licensed under this Agreement. (b) ESi represents and warrants that it is authorized to redistribute and license any third party software delivered with the Software and Documentation provided under this Agreement. The owner of such third party software shall have the right to enforce this Agreement to the extent permitted by applicable law. 4. Grant o License. (a) General. ESi grants to Licensee, and Licensee accepts, subject to the following terms and conditions and payment of the applicable license fee, a perpetual, limited nonexclusive, nontransferable, and non- sublicensable right, revocable according to the terms stated herein, to use the Software and Documentation. 5. Permitted Uses. (a) Licensee may install and use one (1) copy of the Software on one (1) Licensed Machine. As used herein, Licensed Machine means a single box, whether a laptop, personal computer or server, with a single or multiprocessing unit(CPU) that is used for any purpose other than running the software in a test environment before placing it in operational use. (b) Licensee may install a second copy of the Software on a second machine as long as only one (1)copy of the Software is in use at any one time, except that if the second machine will be used as a redundant licensed machine with replication between primary and secondary machines, Licensee must obtain from ESi, according to the terms of the ESi standard price list, a Redundant Server License. Licensee is not required to obtain additional licenses for Software Plug-Ins installed on a redundant licensed machine. As used herein, Software Plug-In shall mean WebEOCR Resource Manager, WebEOCR Resource ManagerGIS, WebEOCR GISe, WebEOCR GISmp, WebEOCR Team Management, WebEOCR Calendar,MapTacTM and any other Software Plug-In applications ESi may release from time to time. (c) Licensee may also install a copy of the Software on one (1) additional licensed machine set up in a test environment for the sole purpose of testing the Software and updates locally before placing it "in production". (d) There is no limit to the number of individuals who may access the Software as Users. User functions are limited to those listed in the WebEOC User Manual. Users may not be granted Administrator privileges except that Licensee may grant designated Users administrator profiles exclusively to create,or edit, incidents in WebEOC and to add, or edit, maps of Graphic Interface Format files (.GIF) within MapTacTM. Users that require administrator rights in excess of those identified above, or full administrator privileges,require their own license to the Software. (e) Licensee may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that the consultant(s) or independent contractor(s) is using the Software and Documentation exclusively for the benefit of the Licensee. (f) Licensee may use the WebEOCR BoardBuilder tool to copy, modify and create WebEOCR forms and templates and Licensee may distribute, in printed form or as electronic media, such forms and templates for use by other Licensees of the Software,provided that such forms and templates are used for Rev 02/23/2007 C 1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement internal business purposes only. Licensee shall not sell, resell, license or otherwise transfer for value the derivative works created using the WebEOC® BoardBuilder tool, and Licensee shall not distribute such forms and templates as part of any product or service for value to any third party. 6. Pavments. The License Fee is due and payable when the Software and/or Software Plug-In is shipped to the Licensee or installed by ESi. Additional license fees are required to use the Software on more than one (1) Licensed Machine and as otherwise required by Section 5 of this Agreement. Such license fees are calculated per Licensed Machine and are due and payable prior to installation of the Software on the additional machines. 7. Protection of Software. Licensee agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of ESi and/or its licensors. The Software source code and embodied trade secrets are not licensed to the Licensee. Licensee agrees not to disassemble, decompile or otherwise reverse engineer the Software, use reflection or other mechanism to view, interpret, translate or try to understand the structure of the Software, or otherwise attempt to discover the source code and/or the trade secrets contained in the source code, and Licensee will not allow third parties to do so. Licensee may not, nor allow third parties to, modify or alter the Software in any way. 8. Confidentiality. The Software and Documentation contain confidential information and trade secrets of ESi. Licensee agrees to hold in confidence, not disclose and not use the Software and Documentation except as expressly provided herein, and Licensee shall ensure that there is no breach, compromise or violation of such confidentiality by Licensee's employees, consultants, or independent contractors. Licensee recognizes and agrees that there is no adequate remedy at law for a breach of this Section or of Section 7 of this Agreement, that such breach would irreparably harm ESi,that monetary damages would not be an adequate remedy, and that ESi is entitled to injunctive relief with respect to any such breach, or potential breach,in addition to any and all other remedies available at law or at equity. 9. Proprietary Interests. The Software and Documentation, and all copies thereof, shall remain the exclusive property of ESi. All applicable rights to copyrights and trademarks shall remain vested in ESi and/or its licensors and Licensee shall not undertake to copyright or trademark the Software and Documentation. However, Licensee shall have title at all times to data input and output arising out of the use of the Software, and any computer programs developed by or for Licensee using output of the Software as input to another source, and which do not include any logic and code of the Software, and such shall remain the exclusive property of the Licensee. 10. Restrictions. Except as expressly authorized in this Agreement, Licensee agrees not to use, rent, lease, loan, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, create derivative works of, provide commercial hosting services,time share or dispose of the Software or Documentation, or any part thereof. Rev 02/23/2007 ©1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement Licensee may use the Software and Documentation solely for Licensee's internal business purposes. Except as noted in Section 4,Licensee may not use the Software to provide any services to third parties. 11. Assi nom. Licensee may not assign or otherwise transfer in whole or in part or in any manner any rights,obligations, or any interest in or under this Agreement without ESi's prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. ESi may at any time and without Licensee's consent assign all or a portion of its rights and duties under this Agreement to a company or companies wholly owning, owned by, or in common ownership with ESi. 12. Cowing. Licensee may make as many copies of the Documentation as necessary for Licensee's internal purposes provided, that the Licensee not modify or alter the content or appearance of the Documentation, that the Licensee not modify or alter the appearance of nor eliminate any references to ESi,WebEOC or other ESi Software in the Documentation, that the Licensee reproduce and distribute the ESi copyright and notices page contained in the Documentation with all such copies, and that the Licensee maintain the confidentiality of the copies in accordance with Section 8 above. 13. Maintenance and Support. (a) ESi will create updates to the Software from time to time. During the first year of this Agreement, Licensee shall be entitled to receive any updates created and generally released by ESi as standard product provided that the Licensee is not in violation of this Agreement. If Licensee desires to receive updates beyond the first year of this Agreement, Licensee must purchase a Software Support Plan for additional years and Licensee shall pay ESi the Software Support Plan fee in effect at the time of renewal. Payment of the Software Support Plan Fee shall entitle Licensee to receive all updates to purchased products for the number of years specified in Licensee's Software Support Plan Agreement. (b) During the first year of this Agreement, the Licensee is entitled to receive from ESi routine telephone support, Monday through Friday, during the hours of 0800 to 1630 Eastern Standard Time (excluding holidays), and emergency telephone support at any time on any day of the week. Licensee acknowledges that certain Software Plug-Ins or software features, including but not limited to certain GIS interfaces, are provided by third party software providers and the hours of emergency telephone support for such products by those providers may vary. (c) For the purposes of this Section 13,the "first year" of the Agreement shall commence on the first day of the month following installation, if ESi or its value-added reseller performs the Software installation,or on the first day of the month after the Software is shipped,if ESi or its value-added reseller ships the Software to the Licensee. The first year shall end on its first anniversary date. 14. Limited Warranty and Disclaimers. (a) ESi warrants that the Software will perform in accordance with the accompanying Documentation for a period of one (1)year from the date of purchase. Rev 02/23/2007 C 1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement (b) If programming errors or defects do occur during this period and ESI is promptly notified in writing of the nature of the error,ESI will correct the error without charge. (c) EST's entire liability and Licensee's exclusive remedy shall be, at EST's option,either(a)correction of the error or (b) return of the license fee. This limited warranty does not cover errors attributable to accident, abuse or misapplication, alteration, operation outside the parameters specified in this Agreement or the Documentation, failure to install Updates provided during the warranty period,installation, training or programming provided by an anyone other than ESI or an ESI-certified technician, or other breach of this Agreement by Licensee. (d) ESI DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ESI OR ANY OF ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS. (e) The software is not fault-tolerant and is not designed, manufactured, or intended for use or resale in hazardous environments that require fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, emergency response, terrorism prevention or response, life support or weapons systems (collectively "High Risk Activities"), the failure of which could lead to death, personal injury, or severe physical or environmental damage. ESI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. (f) To the extent permitted by law, Licensee agrees to indemnify, defend and hold ESI, its officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims,expenses (including attorneys fees), demands or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with the Licensee's use of the Software for High Risk Activities. (g) Unless a Software Support Plan (Section 13) is in effect, any updates to the Software, including without limitation, any hot fixes provided to Licensee after the expiration of the One (1) year warranty period are not covered by any warranty or condition,express,implied or statutory. 15. Limited Liability. ESI AND ITS LICENSORS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS RECEIVED BY ESI FOR THE LICENSE. ESI AND ITS LICENSORS SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOST SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE SOFTWARE OR EQUIPMENT), INDIRECT OR PUNITIVE DAMAGES EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF WARRANTY, TORT, PRODUCTS LIABILITY OR OTHERWISE. Rev 02/23/2007 C 1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement 16. License Term and Termination. (a) This Agreement and the License are effective upon Licensee's acceptance of the terms and conditions of this Agreement, as provided in the first paragraph above, and payment of the applicable License fees, and will remain in force until terminated. (b) ESI shall have the right to terminate the license granted hereunder by giving written notice of termination to Licensee if Licensee shall fail to pay the specified license fee when due or shall fail in any other material respect to comply with Licensee's obligations under this Agreement and such failure to pay or comply is not remedied to EST's satisfaction within sixty (60) days after Licensee receives written notice thereof from ESI. Licensee acknowledges and agrees that ESI may seek equitable relief at any time to remedy a violation or threatened violation of the restrictions set forth herein regarding the use and protection of the Software and Documentation. (c) Upon termination, Licensee shall immediately destroy the original and all copies of the Software and Documentation,or return them to ESI. 17. Infringement of Patent and Other Proprietary RLPhts. (a) ESi represents to Licensee that it has no knowledge of any existing or potential claims that the Software or Documentation violates or infringes upon any patent, copyright, trade secret or other proprietary right of a third party. (b) ESi shall indemnify, defend and hold harmless Licensee and Permitted Users from and against all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any claim by a third party asserting that the Software, associated user documentation, services or any Permitted User's use thereof, infringes such third party's patent, copyright, trademark, trade secret, confidentiality or other right,provided that Licensee notifies ESi in writing within a reasonable time after Licnesee first receives written notice of the claim and gives ESi reasonable assistance, at EST's cost,in the defense or settlement of the claim. 18. No Disabling Codes, Timers, Counters, or Other Limitations. The Software shall not include or contain any disabling code, timer, clock, counter or other limiting design or routine which causes the Software to be erased, inoperable or otherwise incapable of being used in the full manner for which it was designed and licensed pursuant to this Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any similar triggering factor 19. General Conditions. (a) Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Georgia (United States of America) regardless of application of choice of law rules or principles. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of ESI's principal place of business in Augusta, Georgia. Both parties consent to the jurisdiction of such courts and agree that Rev 02/23/2007 ©1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement process may be served in any manner allowed by the laws of the State of Georgia or of the United States. If Licensee acquires this License in a country other than the United States or its territories, local law may apply. (b) Entire Agreement. This Agreement sets forth the entire understanding and agreement between Licensee and ESI and may be amended only in a writing signed by both parties. This Agreement supersedes any and all other WebEOC license agreements, including without limitation, any License previously granted for any prior version of WebEOC. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Documentation or other licenses delivered with the Software, the terms and conditions of this Agreement shall govern and control. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. (c) Waiver.No waiver of any right under this Agreement shall be effective unless in a writing, signed by a duly authorized representative of ESi.No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement. (d) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable for any reason, that provision shall be reformed to the extent necessary to make the language enforceable. All other provisions of this Agreement shall remain in full force and effect. 20. Export Controls. (a) Licensee acknowledges that the Software and Documentation are subject to United States export laws. Licensee shall not, nor shall Licensee authorize or permit its directors, employees, consultants, independent contractors or other persons,to export, re-export, disclose or otherwise provide the Software and/or Documentation to any country unless an appropriate license, exemption or authorization has been obtained from the U.S. Government. (b) Licensee expressly agrees that Licensee shall not export, re-export, barter, or otherwise provide or disclose the Software and Documentation, in whole or in part, to: (a) any country covered by any United States trade embargo; (b)any person listed on the United States Department of Treasury's list of Specially Designated Nationals; (3) any person or entity listed on the United States Department of Commerce Denied Persons List; (4) any person or entity listed on the United States Department of Commerce Unverified or Entity Lists; (5) any person or entity listed on the United States Department of State Debarred List; or (6) any person or entity where such export, re-export, barter, disclosure or provision violates United State export control law or regulation. Licensee represents and warrants that neither it nor its directors, employees, consultants, nor any other persons or entities who may gain access to the Software and Documentation through the Licensee, are persons or entities subject to such U.S. export controls. (c) Licensee agrees to defend, indemnify, and hold harmless ESi from and against any claim, loss, liability, damage or expense, including fines or legal fees incurred by ESi with respect to any of Licensee's export or re-export activities contrary to the foregoing instructions 21. U.S. Government Ri hits. Rev 02/23/2007 C 1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. WebEOC® End User License Agreement (a) If Licensee is an agency, department, or other entity of the United States Government ("Government"), or funded by the United States Government, Licensee's use, duplication, reproduction, release, modification, disclosure or transfer of the Software, Documentation, technical specifications, or any related materials of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies, Defense Federal Acquisition Regulation Supplement("DFARS")227.7202 for military agencies and the equivalent regulations for the Department of Energy. The use of the Software and Documentation is further restricted in accordance with the terms of this Agreement,or any modification thereto. (b) The Software and Documentation are commercial computer software and commercial computer software documentation.Licensee shall ensure that each copy used or possessed by or for the Government is labeled with the following: "Manufacturer is ESi Acquisition, Inc., 699 Broad Street, Suite 1100, Augusta, GA 30901. ALL RIGHTS RESERVED. PROPRIETARY PRODUCTS." For the purpose of any federal, state or local law, Licensee agrees that the Software and Documentation are trade secrets and proprietary commercial products of ESi and are not subject to disclosure. Rev 02/23/2007 C 1997-2007 ESi Acquisition,Inc. All Rights reserved. WebEOC and ESi are registered trademarks of ESi Acquisition,Inc. MapTac is a Trademark of ESi Acquisition,Inc. All other products are trademarks of their respective companies. DocuSign Envelope ID:FD899E9A-CBAA-4240-82FE-F961CB8843DE po,�puC c., oI lfulll �� Amendment "Von City of Corpus Christi 1&52 Purchasing Division Date: October 1, 2018 Service Agreement No.: WebEOC Managed Hosting, Hybrid Installation Master Services Agreement Reference: N/A Amendment No. 1 Service Agreement Current Value: $44,252 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and ESI Acquisition, Inc., Atlanta, Georgia hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the above-referenced service agreement (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Term of the Agreement is amended to delete it in its entirety and replace it with the following language: "3. Term "The initial term of this Agreement shall be one (1) year from the Service Commencement Date. Customer may renew for successive (1) year terms until July 31, 2017. The Parties may extend the Agreement for a five-year term beginning August 1, 2017 and continuing until July 31, 2022." II. By executing this Amendment, the Parties exercise the extension of the Agreement until July 31, 2022 and ratify the extension back to August 1, 2017. III. Section 4. Fees and Payment of the Agreement is amended to remove subsection 4(b) in its entirety and replace it with the following language: "(b) ESi will mail an invoice to the customer annually at least 60 days prior to the due date of the annual payment amount listed in Exhibit B." IV. Exhibit B, "Quote for Services" in the Agreement is hereby amended to substitute the attached Amendment No. 1 - Exhibit B, which provides the pricing for the extension term beginning August 1, 2017 and ending July 31, 2022. Page 1 of 2 DocuSign Envelope ID:FD899E9A-CBAA-4240-82FE-F9B1CB8843DE The Contractor and the City agree to and shall abide by all terms and conditions of the Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. L-�Ijq)DMee D.-Sig-d by: December 29, 2018 1 07:38:55 EST �/ (� 1� -3 . nls,_. Date Kim Baker j, Date G. `�l ESI Acquisition, Inc. Asst. Director of Financial Services City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: L kyl)A�� Z�Z7�l�j Assistant City Attorney Date A"T"TEST, I P-" .. — Ti REB CCA HUERTA CITY SECRETARY ,,Jul�u ..� Page 2of2 DocuSign Envelope ID:FD899E9A-CBAA-4240-82FE-F961CB8843DE Amendment No. 1-Exhibit B Quote for Services Product Code Renewal Period Price Total SS-WEBEOC-EX Year 1 (08/01/2017-07/31/2018) $10,900 Year 2 (08/01/2018-07/31/2019) $10,900 Year 3 (08/01/2019-07/31/2020) $11,227 Year 4(08/01/2020-07/31/2021) $11,563.81 Year 5 (08/01/2021-07/31/2022) $11,910.72 Total $56,501.53 WebEOC Managed.Hosting,Hybrid Installation Master Services Agreement This Master Services Agreement, effective this n day of NO 20__LL, is made by and between ESi Acquisition, Inc., (hereinafter referred to as "ESi"), a Delaware corporation, having its principal place of business at 823 Broad Street, Augusta, Georgia, 30901 and C i V y o r Corp,, CA r,-d-i (hereinafter referred to as "Customer") which has its principal place of business at t Xol �cd,oa�rof ,s'¢ratf t4org CA-,.5 s..�X 78'�o/ � I —�� WHEREAS: ESi is an Application Service Provider that makes available managed hosting services, for a fee, to entities holding a valid license to WebEOC and other ESi-licensed software; WHEREAS: The Customer holds a valid license to WebEOC; and WHEREAS: The Customer seeks to engage ESi as its Application Service Provider for WcbEOC. NOW,THEREFORE, for valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Definitions (a) "Agreement" means this Agreement and its Exhibits, the WebEOC End User License Agreement (EULA), license agreements for all other software used in performance of the Agreement, any purchase order issued under this Agreement, and any other signed writings between the parties concerning this Agreement. (b) "Application Service Provider" means an entity that maintains a shared hardware environment for the purpose of hosting and maintaining software and data on behalf of customers. (c) "ASP Environment" means the facility and Hosted Systems used by the Application Service Provider to deliver the Hosting Services. (d) "Availability" means Application Service Provider site availability, or the capability for the Customer and/or any of its authorized users to access the Hosted System and/or deliver ".html" formatted pages successfully through an internet connection exclusive of processes, hardware and software beyond the control of ESi. (e) "Effective Date"means the date stated at the top of this Agreement. (f) "Hosting Services" means the installation and management of specified software applications by an Application Service Provider in a shared environment on behalf of a customer and exclusively for the benefit of permitted users of the Software. (g) "Hosted System" means the combination of hardware, software and networking components used by the Application Service Provider to deliver the Hosting Services. ESi Page 1 of 16 RECIPIENT /S��2 Rev. 11/09 (h) "Hybrid Installation" means the installation of a redundant instance of WebEOC for Customer in an environment maintained by the Application Services Provider to provide fail- over WebEOC capabilities in the event Customer loses local WebEOC capabilities. (i) "Service Commencement Date"means the date on which Customer is notified in writing, via electronic mail or facsimile, by ESi that the Hosted System is installed, data replication capabilities are in place,and Hosting Services are operable and accessible to Customer. 0) "Software," means all of the WebEOC® and ESi-branded software licensed to Customer by ESi. (k) "Software Support Plan" means a packaged plan of application support services and software updates including,but not limited to, technical corrections, patches, bug fixes, and level and other software releases which are specific to the Software. 2. Scope of Services ESi, acting as an Application Service Provider (ASP), shall provide Hosting Services for Customer in a shared ASP Environment according to the provisions set forth in Exhibit A ("Terms of Service")to this Agreement. 3. Term The initial term of this Agreement shall be one (1) year from the Service Commencement Date. Customer may renew for successive(1)year terms according to the term set forth in Section 4(b) of this Agreement. 4. Fees and Payment (a) Customer shall pay ESi the fees stated in Exhibit B, "Quote for Services." Such fee shall be due and payable by Customer within thirty(30)days of receipt of a valid invoice from ESi. (b) At least ninety (90) days prior to the anniversary of the Service Commencement Date, ESi shall notify Customer of the opportunity to renew this Agreement for an additional term of one (1) year and provide a price quotation for the additional term. Such price quotation shall reflect the published Iist price for Hosting Services and Software Support in effect at that time . At least thirty (30) days prior to the anniversary of the Service Commencement Date, ESi shall invoice Customer for an additional term of one (1) year at the stated price. Such stated price shall include the cost of hosting, application software support and technical support. Customer shall pay to ESi the invoiced amount within thirty (30) days of receipt of a valid invoice. Remittance of a purchase order, payment or other binding obligation to pay by Customer to ESi shall constitute acceptance by Customer of ESi offer of renewal. (c) ESi reserves the right to charge interest equal to one and one-half percent (1.5%) on all amounts past due with interest accruing as of the day after the due date, or the maximum rate allowable by law,whichever is less. S. Termination (a) Termination, Non-Renewal. This Agreement shall terminate one year from the effective date unless renewed by Customer. ESi _ Page 2 of 16 RECIPIENT Rev. 11109 (b) Termination, Material Breach. Prior to expiration, either party may terminate this Agreement immediately, upon written notice to the other, if the other party materially violates any provision of this Agreement and fails to remedy such violation within ten (10) days after written notice thereof. Material breach of this Agreement shall include, but not be limited to: (i) Violation of any proprietary rights of ESi or its third party licensors, agents or business partners, including but not limited to confidentiality, trademarks, copyrights, patents or patent rights, or any other ESi proprietary rights or interests in the Software, licenses or sublicenses whether or not expressly stated in this Agreement; (ii) Failure to pay the fees outlined in this Agreement as set forth in Section 4(a) of this Agreement; and (iii) Violation of the ESi Acceptable Use Policy available at: http_//www.esi911.com/esi/index.12hp?option=com_content&view=article&id=36 &Itemid=128 (c) Termination Without Cause. Either party may terminate this Agreement without cause on sixty(60)days written notice. (d) Upon termination of this Agreement for any reason: (i) Customer access to ASP services shall be suspended; (ii) Customer shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Customer in connection with the Hosting Services delivered hereunder; (iii) ESi shall copy Customer data to a portable storage medium and ship to Customer via courier or other traceable delivery service within ten(10) days of termination date unless other arrangements are requested by Customer within five (5)days of the termination date; (iv) Any and all Customer data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon confirmation from Customer that Customer data has been received in machine-readable format;and (v) Any tenninated Customer requesting restoration of Hosting Services shall pay a $2,000 reinstatement fee and all applicable fees for requested services, and shall be liable to pay any outstanding, undisputed amounts due ESi prior to such restoration of services. (c) Upon termination pursuant to paragraphs (a) and (c) of this Section 5, Customer shall be entitled to a rebate for Hosting Services purchased and not performed. The unit of measure for calculating any rebate shall be weeks and shall be calculated using the following formula: (contract price/52 weeks) x number of weeks of service Customer would have received if the Agreement had been fully performed. In the event that ESi terminates the agreement for any of the reasons stated in Section 5 (d)above,ESi shall retain the balance as liquidated damages. ESi Page 3 of 16 RECIPIENT Rev. 11109 6. Indelendent Contractor ESi is an independent contractor. ESi and its employees, agents and subcontractors shall act solely as independent contractors in the performance of services delivered hereunder,and nothing stated or implied herein shall be construed to create a partnership,joint venture, employment or agency relationship of any kind between ESi and Customer. 7. Confidentiality (a) Confidential Information means all information concerning ESi or any business partner of ESi to which Customer is provided access by virtue of this Agreement or its activities hereunder, including without limitation, technical data, product design and development information, source code and source code documentation, business operations and plans, sales information, information about quantity and kind of software licenses sold, prices and methods of pricing, marketing techniques and plans, trade secrets, unannounced products, product and ' process information and any other information which, if disclosed to others, might be competitively detrimental to ESi. (b) Confidential Information also shall mean all information concerning Customer to which ESi is provided access to by virtue of this Agreement or its activities hereunder, including, without limitation, data, documentation, business operations and plans, operating procedures, or any other information which, if disclosed to others,might be detrimental to Customer. (c) Confidential Information shall not include any information which has been publicly disseminated in writing by ESi or Customer which either party can show it knew prior to the disclosure or which was rightfully received from a third party without restriction. (d) During the term hereof and at all times thereafter, ESi shall maintain the Confidential Information of the Customer in strictest confidence, shall not disclose it to any third party, except as required by applicable law and/or regulation and/or by order of a court of competent jurisdiction, and shall use it only as necessary to perform hereunder. ESi shall cause each of its officers, directors and employees to restrict disclosure and use of such Confidential Information in like fashion, and shall be responsible for any wrongful disclosure and use by any of them. ESi agrees that any person to whom Confidential Information is disclosed shall be bound by confidentiality obligations that are at least as protective as those contained herein. (c) ESi and Customer agree that certain of ESi's information with respect to the negotiation or performance of this Agreement may, if marked confidential by ESi, constitute a trade secret or be of a proprietary business, technical, engineering, or economic nature ("confidential information") and will be treated as confidential by the City as privileged commercial information under Section 552.110 of the Texas Public Information Act, Chapter 552, Texas Government Code, if each page and sheet is clearly marked and identified as proprietary information, that should not be made available to the public. If a request is received for the information, ESi will be notified and the request and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. Once the City has given ESi notice of the request,ESi has the responsibility to take whatever steps it deems appropriate to protect its interests. The City will withhold the information from the requester under Section 552.305 of the Act, until after the Attorney General's decision is received. The City will only release the information if directed to do so by the Attorney General. ESPage 4 of 16 RECIPIENT Rev. 11/09 8. Representations and Warranties (a) ESi represents and warrants to the Customer that it has the power and authority to enter into this Agreement and to perform the obligations stated herein. (b) Customer represents and warrants to ESi that it has the power and authority to enter into this Agreement and to perform the obligations stated herein. (c) Customer represents and warrants that Customer and its officers, directors, attorney, agents, employees and other authorized users shall access and utilize services provided under this Agreement in a lawful manner and not in violation of any applicable law, regulation, treaty, convention or order including, but not limited to intellectual property laws and United States export controls. (d) Customer represents and warrants that Customer and its officers, directors, attorney, agents, employees and other authorized users shall not sell, lease, share or otherwise permit. access by a third party to services covered under this Agreement. Customer further represents and warrants that Customer and its officers, directors, attorney, agents, employees and Permitted Users shall not permit access, under any circumstances, to the Software, related materials or services provided under this Agreement by any person, entity or nation in violation of any United States export laws, regulations or controls. 9. Notices Except as otherwise specifically set forth herein, all notices shall be in writing, shall be delivered by overnight express courier requiring signature of the addressee to complete delivery, and shall be sent to the parties at the addresses set forth below, or to any other addresses designated in writing hereafter. Notice shall be deemed delivered two days after it is given to the courier by the notifying party. For Customer: For ESi: c d F eo r r4 C-14 d_13 01 Eric Kinzel A 4• 801.1' D¢.I a aj. Vice-President, Information Technology -6me"e-icy /''ld.v��� e.►t oor.���"�'r 823 Broad Street 2 yb� A:4og LrW Augusta, GA 30901 Cornuc ekinzel a,esi91 l.com h 1 Illy of ccvf t wN. Facsimile: (706) 826-9911 �Sn► e 3,77 With copy to: (_01-1110S V a.laee2_ Melissa M. Leigh #'4104-11 f, General Counsel aAf Q s it cc-ty-,yes.C_o-m mleigh a esi9l Lcom 10. Indemnification (a) To the extent authorized by the Constitution and laws of the State of Texas, Customer agrees to indemnify and hold harmless ESi and its officers, directors, attorney, agents and employees from and against all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any and all claims by a third party, under any theory of legal liability, related to actual or alleged use by Customer of the services provided under this Agreement, actual or alleged breach by Customer of its obligations to end users or other third ESi Page 5 of 16 RECIPIEN Rev. 11/09 parties, or any disputes between persons who claim to have the authority to act on behalf or bind the Customer. (b) To the extent authorized by the Constitution and laws of the State of Texas, ESi and Customer agree to indemnify, defend and hold harmless the other party, and each of their respective officers, directors, attorney, agents and employees from and against any and all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any claim by a third party asserting, under any theory of legal liability, infringement of such third party's patent, copyright, trademark, trade secret, confidentiality or other right, provided that the party seeking indemnification notify the other party, in writing, promptly of the receipt of a written notice of the claim. ESi and Customer agree, in the event of such claim, to provide the party seeking indemnification with reasonable assistance, at the indemnifying party's cost, in the defense or settlement of the claim. H. Limitation of Liability (a) IN NO EVENT SHALL ESi BE LIABLE FOR ANY CLAIM OR DEMAND BY THE CUSTOMER OR A THIRD PARTY OR FOR ANY LOST PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANYWAY RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR INCIDENTAL TO THE TRANSACTIONS HEREUNDER, MAY BE BROUGHT AGAINST ESi MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. ESi's total liability under this AGREEMENT shall not exceed the total amounts received by ESi from Customer hereunder. (b) ESi shall not be liable to Customer for harm caused by or related to the Customer's use of the services provided under this Agreement or the inability to use such services, unless the harm was caused by the gross negligence or willful misconduct of ESi. (c) Customer releases ESi from any liability for loss of data to the extent that such data has been updated, modified or changed by Customer, since the time that ESi was last required to perform a back-up. 12. Disclaimer of Warranty (a) ESi DOES NOT REPRESENT OR WARRANT THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THERE ARE INHERENT RISKS ASSOCIATED WITH THE TRANSFER OF INFORMATION THROUGH AN INTERNET CONNECTION AND SUCH RISKS INCLUDE LOSS OF DATA OR OTHER INFORMATION, PRIVACY AND PROPERTY. (b) ESi MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, NOT EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT ESi WARRANTS THAT IT HAS ALL NECESSARY RIGHTS WITH RESPECT TO ANY THIRD PARTY SOFTWARE OR INTELLECTUAL PROPERTY WHICH MAY BE REQUIRED TO PERFORM THE SERVICES DESCRIBED IN THIS AGREEMENT. ES, Page 6 of 16 RECIPIENT Rev. -11019 13. General (a) Ownership. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property, and that ESi shall own any intellectual property it develops in the course of performing the services. Customer acknowledges and agrees that Customer shall not acquire any ownership rights or right of physical access to the hardware used by ESi to perform the services under this Agreement. (b) Entire Agreement. ESi and Customer acknowledge that they have not been induced to enter into this Agreement by any representation or warranty not set forth in this Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written or other communications between them concerning its subject matter. This Agreement shall not be modified in any way except in writing signed by both parties. Facsimile signatures or signatures imprinted in an electronic medium, such as.pdf format,shall be deemed to be original signatures. (c) Assignment. Customer may not assign this Agreement without prior written consent by ESi. Any assignment in violation of this provision is null and void. ESi may freely assign this Agreement in connection with any sale or transfer by ESi of the Loaned Software,or substantially all of ESPs business. Such assignment shall be fully binding and enforceable as against all j permitted assignees and successors in interest. (d) Enforceability. If any provision of the Agreement, or any portion thereof,shall be held to be invalid, illegal, unenforceable or void as against public policy, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby. (e) Force Majeure. Any delay or nonperformance of any provisions of this Agreement caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this agreement, provided that such party has made reasonable efforts to notify the other party in writing and makes reasonable efforts to resume performance once the condition interfering with or preventing performance is removed. With respect to performance by ESi, "conditions beyond the reasonable control" of ESi, thereby constituting events of force majeure, shall include conditions relating to processes, hardware and software beyond the control of ESi such as information transmission delays due to excessive internet traffic and internet outages, and shall also include conditions such as natural disasters, acts of war, acts of God, fire, flood and power failure. (f) Waiver. The failure of either Customer or ESi to insist upon strict performance of any of the provisions contained herein shall in no way constitute a waiver of future violations of the same or any other provision. (g) Authority. The individuals executing this Agreement on behalf of the Customer and ESi do each hereby represent and warrant that they are duly authorized by all necessary action to execute this Agreement on behalf of their respective principals. (h) Choice of Laws and Venue. Except where the laws of another state are referenced, this Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Georgia, regardless of application of choice of law rules or principles. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for �2 ESi Page 7 of 16 RECIPIENT Rev. I/09 actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of ESPs principal place of business in Augusta, Georgia. Both parties consent to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Georgia or of the United States. (i) Equal Opportunity and Affirmative Action. ESi does not discriminate on the basis of race, color, religion, gender, national or ethnic origin, disability, age, marital status or sexual orientation in its employment, hiring or contracting practices. ESi complies with all applicable local, state and federal laws prohibiting discrimination including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Title I of the Americans With Disabilities Act of 1990, the Equal Pay Act of 1963, the Vocational Rehabilitation Act of 1973, Executive Order 11246, Vietnam Era Veterans Readjustment Assistance Act of 1974, and the Georgia Equal Employment for Persons with Disabilities Code. Contractor shall comply with the laws, regulations and orders stated above and shall promptly provide to ESi any information needed by ESi to comply with any related reporting requirements. 0) Survival. The provisions of Sections 5, 6,7, 8, 10, 11, 12,and 13 shall survive expiration of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as of the day and year set forth above. ESi Acqui tj6n, Inc `ESi" ��/ By: �1.If�{ By: Name: Curtis R. MacDonald Name: _ orta�c� �• f's o't Title: Chief Operating Officer Title: 'e Date: 16 — 67-11 Date: 11— --),--f t Approved aS to fXM Ja ,/R,afning :=jrserAs&eistant City A rney t, Attorney ESi Page 8 of 16 RECIPIEN a Rev. 11109 EXHIBIT A TERMS OF SERVICE 1. Definitions All defined terms in this Exhibit A shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit. 2. Scope of Services (a) ESi, acting as an Application. Service Provider, shall provide Hosting Services to Customer according to the provisions set forth in the Agreement. ESi shall create an account for Hosting Services on behalf of Customer upon receipt of a signed Agreement and valid purchase order. ESi shall notify Customer promptly upon creation of Hosting Services account and provide Customer with all information required to access such account. ESi,at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. (b) ESi shall provide and maintain the facilities, hardware, and networking components necessary to operate a high-availability,shared ASP Environment for the benefit of Customer. (i) Customer environment shall have the capacity to support up to 250 concurrent users of Hosting Services, Any Customer requiring support of greater than 250 concurrent users may purchase additional Hosted System capacity, for a fee, from ESi. (ii) Customer environment shall be limited to a database having 5 Gigabytes of data storage capacity. Any Customer requiring additional database storage capacity may purchase additional data storage capacity, for a fee, from ESi. (c) ESi shall perform, at its convenience and after notice to Customer, scheduled updates of Software as new releases become available. Such updates shall be scheduled to enable the simultaneous update of Software licensed to Customer and all other ESi-hosted customers. Scheduled updates shall include correction releases (i.e. patches provided to correct software anomalies), point releases (i.e. modifications to current generation of software including enhancement and improvements), and level releases (i.e. new releases or new generation of software). ESi also shall install updates and security patches for other software, including operating system software, installed on hardware used to deliver Hosting Services. (d) ESi shall perforin, as needed, emergency security updates to the Hosted System and Software to protect the ASP Environment from newly identified and widespread threats to the internet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Customer. Such updates shall be treated as scheduled outages and the outage period shall not be considered as service downtime in any performance assessment that may be conducted. (e) ESi shall provide and maintain a Hybrid installation of Customer's locally installed instance of Software to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at Customer site. ESi shall provide Customer with all information needed to access and operate Customer failover site. ESi 0 Page 9 of 16 RECIPIEN Rev. 11/09 M ESi shall notify Customer in writing, via electronic mail or facsimile, of any planned service outages, i.e. for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement. (g) ESi shall schedule, perform and maintain a duplicate ("backup") record of Customer's data during such times that the Customer's Hybrid Installation is activated in response to loss or failure of Customer's locally installed instance of Software, and operated as a failover instance by Customer. During such times that the Hybrid Installation is the only instance of the Software accessible to Customer, ESi shall perform hourly SQL transaction log backup to disk and daily full backup to tape. Data backups are limited to SQL database server files (i.e. those files having a .mdf or .Idf file extension). Data backups shall be retained on-site for one week and offsite for three additional weeks. ESi shall have no responsibility or obligation to perform or maintain duplicate data records for Customer's locally installed instance of the Software or inactive Hybrid Installation. (h) With assistance of Customer, ESi shall migrate data from Hybrid Installation to locally installed instance of Customer Software after activation of Hybrid Installation has been closed and Customer confirms that impairment of locally maintained instance has been corrected and local capabilities are restored. (i) ESi shall provide Customer with technical environmental support services. Such support services shall be available 24 hours per day, 7 days per week. Technical support services shall include assistance with problems related to ASP Environment, operating system and related software licensed by ESi on behalf of Customer, data or Hosted System access or similar problems. Technical support may be accessed by Customer by calling the Technical Support Help Desk at (877) 771-0911 or paging the on-call technician at (888) 243-7204. International customers access Customer Support by calling(706) 823-0911 or paging the on-call technician at (706)240-0016. (i) ESi shall perform all services offered under the terms of the Software Support Plan purchased by Customer, as documented in both Exhibit B, "Quote for Services" and Exhibit C, Software Support Plans." 0) Customer may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable. 3. ESi Obligations ESi shall perform all services described in Section 2 of this Agreement in a commercially reasonable manner and consistent with the practices used by ESi to maintain and protect its own data and systems. 4. Customer Obligations (a) The Customer shall maintain, at Customer's expense, a secure high speed internet connection through which to access its hosted Software. (b) The Customer shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Customer shall provide ESi with the name,job title, physical ESi _ Page 10 of 16 RECIPIEN" Rev. 11/09 address, telephone number, facsimile number and electronic mail address for each of the contact persons. Customer shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. (c) The Customer shall maintain, at its expense, a valid license to any third party software products required to effectively and lawfully operate Customer instance of the WebEOC Software including, but not limited to, Double Take replication software and Double Take software maintenance plan. ESi expressly disclaims any obligation to provide or maintain such third party product licenses on behalf of Customer (i) Special Note regarding the WebEOC Software: The Customer shall maintain, at Customer's expense, a Software Support Plan at all times during the term of this Agreement and any subsequent renewal terms. Customer may elect to purchase a Bronze, Silver, Gold or Platinum-level Support Plan. Failure to maintain the most recent version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (ii) Special Note regarding Double Take Software: At all times, Customer is obligated to maintain the same version and release of the Double Take Software on its local server as installed in the Hybrid Installation environment. ESi shall notify Customer in writing of the version and release of the Double Take Software to be installed upon initial signing of this Agreement. ESi also shall provide Customer with at least ten (10) days written notice of any subsequent upgrades to the Double Take Software during the term of this Agreement. Failure to maintain the most recent version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (iii) Special Note regarding Windows Server Operating System and Microsoft SQL Server Software: At all times, Customer is obligated to maintain, at its expense, the same version and release of the Microsoft Windows Operating System and Microsoft SQL Server Software in its local environment as installed in the Hybrid Installation environment. ESi shall notify Customer in writing of the version and release of software to be installed upon initial signing of this Agreement. ESi also shall provide Customer with at least thirty (30) days written notice of any subsequent upgrades to such software during the term of this Agreement. Failure to maintain the same version and release in Customer's local operating environment may impair or make impossible performance of the Software in the Hybrid Installation environment. (iv) Special Note regarding firewall ports: The Double Take Software requires that Customer open ports in its firewall to allow replication traffic between the Customer's local environment and the Hybrid Installation. ESi shall provide Customer with instructions with respect to configuration of ports. From time to time, upgrades to the Double Take or Microsoft Software may require a change in the configuration of Customer firewall ports ESi shall communicate such changes to Customer. Failure or delay in the reconfiguration of firewall ports may impair or make impossible the performance of the Software in the Hybrid Installation environment. (d) The Customer shall use reasonable security precautions in connection with the use of services provided under this Agreement. ESi 0 Page I 1 of 16 RECIPIENxif"111) Rev. 11109 (e) The Customer is responsible for any and all use and access to the Hosted System and Hosting Services by its employees, agents, contractors and permitted users of the Software and Hosting Services. (f) The Customer shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non-emergency use of its Software, such as the occurrence of training sessions,drills and exercises,to aid ESi with the planning of any scheduled outages. (g) The Customer will make best efforts to promptly notify ESi Customer Support of any local server failure that requires activation the Hybrid Installation environment. (h) After activation of the Hybrid Installation environment, Customer shall promptly notify ESi Customer Support when local capabilities are restored and request that ESi initiate migration of data from Hybrid Installation to locally installed instance of Customer Software. 5. Service Levels and Warranty (a) All support calls received from Customer shall be logged and tracked in the ESi customer support system as a "Customer Support Ticket." Each Customer Support Ticket shall include an initial assessment of the Severity Level of the request for support: Severity Level De -nitron ASP 1 Hosting Services are not accessible to Customer via a public internet connection. ASP 2 Hosting Services are accessible, but performance is reduced or impaired. Software, Severity 1 Any and all errors which, individually or collectively with other errors, prevent Customer or permitted users of Customer from performing useful work or are deemed by Customer or any of its permitted users to be fatal to the operation of the Software. Software, Severity 2 Any and all errors which, individually or collectively with other errors, disable major functions of the Software from being performed and are deemed by Customer or any of its permitted users to have a severe impact on the operation of the Software. Software Severity 3 Any and all errors which, individually or collectively with other errors, disable only certain non-essential functions of the Software and are deemed by Customer or any of its users to have degraded operation of the Software. Software, Severity 4 All other errors not appropriately classified as Severity 1, Severity 2 or Severity 3 and are deemed b Customer or its ermitted ESi Page 12 of 16 RECIPIEN o Rev. 11/09 user as having a limited impact on the operation of the Software. (b) ESi shall make all commercially reasonable efforts to resolve Customer Support Tickets in accordance with the following schedule: Acknowledgement of Resolution Customer Support Ticket ASP 1 Within 30 minutes Failover to redundant ASP environment and/or correction of error as soon as possible. ASP2 Within 2 hours Failover to redundant ASP environment and/or correction of error as soon possible. Software, Severity 1 Within 1 hour Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 1 business day;and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 10 business days. Software, Severity 2 Within 4 hours Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 3 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 20 business days. Software, Severity 3 Within 1 business day Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 10 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer within 45 business days. Software, Severity 4 Within 5 business days Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Customer within 30 business days; and ESi Page 13 of 16 RECIPIEN' Rev. 11109 Delivery by ESi of the object code fix or other permanent fix and revised documentation to Customer as appropriate. (c) ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Customer to perform its obligations under this Agreement. 7. Limitations on Use of Services (a) Access to the Hosted System may not be rented, leased, sold, sub-leased, assigned or otherwise transferred for value by Customer to any third party. (b) Hosted System and Hosting Services are provided to support the Software, an information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosting Services are not appropriate for use in ultra-hazardous li environments where failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of property. (c) Installation of software applications in ASP Environment is limited to software licensed to Customer by ESi and software supplied by ESi either as a component of the Hosted System or to support delivery of Hosting Services. (d) The Customer shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the ASP Environment for other customers. 8. Information Security and Business Continuity (a) ESi shall perform all services hereunder consistent with its ASP Information Security Program ("Security Program"). Such Security Program shall set forth, at a minimum, ESi policies and procedures with respect to data classification and management, data and system back-ups, account and password management, physical security and access, network configuration and access, change management, media management and destruction, security training and awareness,and continuity of ASP Environment operations. (b) Any sub-contractors used to deliver, or support delivery of the Hosting Services shall maintain an infornation security and business continuity program which is supportive of the Security Program. (c) A copy of the Security Program is available, upon request and after execution of the ESi Non-Disclosure Agreement. (d) Hosting Services are provided in a shared environment. Customization of information security,data management and/or business continuity practices to meet Customer-specific needs is not supported. ESi` Page 14 of 16 RECIPIENAr!�2 Rev. 11109 EXHIBIT B QUOTE FOR SERVICES ASP Setup, Hybrid Hosting, and WebEOC Software Support fees are detailed in the attached quote, Quote Number Q15654 ESio Page 15 of 16 RECIPIEN Rev. 11104 ESI Acquisition, Inc Office (706)823-0911 823 Broad Street Toll Free (800)596-0911 Augusta, GA 30901 Fax (706)826-9911 Website www.es!911.com Customer: Corpus Christi Document Number: Q15654 Invoice Partner: Coastal Bend Regional Advisory Council TSA-U Address: P.O. Box 18460 Corpus Christi,TX 78480 Title: Contact: Rick Adams Phone: Reference Summary: Revised Quote for Hybrid Failover-Software Support for 2 years Date: 01/20/2011 Quote Expires: 07/19/2011 Disclaimer: Quotes issued in US Dollars&Valid 180 days from Issuance unless otherwise indicated. Items not manufactured by ESi are subject to change. Substitutes will be provided for customer consideration and approval. Product ID Description QTY List Price Your Price Extended Price TS-ASPSU-ES ASP Setup(WebEOC®or ESiWebFUSIONT") 1 2,500.00 2,500.00 TS-CIMS7-25A-H ASP Hybrid </=250 Concurrent Users-Annual 1 6,450.00 6,450.00 SW-DTSTD-1ST Double-Take®Standard Edition w/YR1 maintenance 1 3,000.00 3,000.00 TS-CIMS7-25A-H ASP Hybrid</=250 Concurrent Users-Annual 1 6,450.00 6,450.00 Year Two(2)Software Support SS-DTSTD-YR Double-Take®Standard additional year maintenance 1 600.00 600.00 Year Two(2)Software Support TS-PMHOR-B-ES Project Management-Normal Hourly Rate(Travel 2 250.00 500.00 excluded) TS-WPGML-ES Tech Services-Normal Hourly Rate Lead Developer 3 150.00 450.00 Bank of Board Building Tax Not Included 19,950.00 0.00 Sum X 19,950.00 EXHIBIT C SOFTWARE SUPPORT PLANS i C Mi Page 16 of 16 RECIPIENT Rev. 109 Boundless Collaboration" Software Support Plans WebEOC°, Town Square & ESiWebFUSIONTM (Last Updated:August 2, 2011) ESi Acquisition Inc. 1 823 Broad Street,Augusta,Georgia 30901 Sales@ESi9ll.com 1 (800)596-0911 1 (706)826-0911 Fax I www.esi9ll.com TABLE OF CONTENTS 1.0 General........................................................................................................................................................1 WebEOC Professional,ST,Air Software Support Plans............................................................................... 1 WebEOC Town Square Software Support Plans.......................................................................................... 1 Period of Performance/Dates................................................................................................................... 1 2.0 WebEOC® Professional,Air,ST Plan Highlights...........................................................................................3 3.0 WebEOC�Software Support Plans..............................................................................................................4 3.1 Bronze...........................................................................................................................................4 3.2 Silver..............................................................................................................................................5 3.3 Gold...............................................................................................................................................7 3.4 Platinum........................................................................................................................................9 4.0 ESiWebFUSION11 Software Support..........................................................................................................11 5.0 WebEOC Town Square Software Support.................................................................................................12 6.0 Third Party and WebEOC Plug-in/Interface Software Support Costs......................................................13 7.0 Application Service Provider(ASP)—Hosting Fee.....................................................................................14 8.0 Customer Support and Escalation Plan.....................................................................................................16 8.1 Escalation Plan............................................................................................................................. 16 8.2 HOURLY SUPPORT(BRONZE AND CUSTOMERS WITHOUT SUPPORT PLAN)........................ ...17 9.0 Optional Emergency On-site Support Services.........................................................................................18 OPTIONAL EMERGENCY ON-SITE SUPPORT(EOSS)AGREEMENT 1 WebEOC Software Support Plan i GENERAL WEBEOC PROFESSIONAL, ST, AIR SOFTWARE SUPPORT PLANS ,r ESi offers support plans that capture the services most often requested by our clients. It is our hope that these plans will streamline the procurement process. ESi offers the four optional software support plans listed below and described in the coming pages. • Bronze • Silver • Gold • Platinum WEBEOC TOWN SQUARE SOFTWARE SUPPORT PLANS ESi offers two optional software support plans listed below and described in the coming pages. • Basic • Premium PERIOD OF PERFORMANCE / DATES ESi Software Support bundled with License Fee: When Year 1 Software Support is purchased as a bundled line item with ESi software,the 90 day maintenance period shall begin on the 1st day of the month following software installation. If customer/licensee opts to install the software in its own environment,it is the responsibility of the customer/licensee to notify ESi customer support when software installation is complete. Upon notifying ESi the 90 day maintenance period shall begin on the 1st day of the month following software installation, PLEASE NOTE: If customer/licensee does not notify ESi of an installation date within 90 days of the date of customer/licensee purchase contract,the 90 day maintenance period shall be presumed to begin on the date of such purchase contract. Software Support not purchased: If customer does not purchase Software Support, either as a bundled package or as a separate line item, then the customer is still entitled to receive any software updates created and released by ESi during the first 90 days of ownership,from the first day of the month following installation of the WebEOC Software. Software Support for Plug-ins: When Year 1 Software Support is purchased for plug in modules (i.e.,WebEOC Resource Manager, WebEOC Team Manager, WebEOC for Hospitals, or WebEOC Mapper Professional)in conjunction with WebEOCProfessionol,the Software Support period begins on the WebEOC Professional start date. If purchased subsequent to the core WebEOC purchase the 90 day maintenance period shall begin on the 1st day of the month following software installation. WebEOC.and ESi*are registered trademarks of ESi Acquisition,Inc. Map7ac°"and ESiWebFUSION"are trademarks of Esi Acquisition, Inc. All other trademarks are the property of their respective companies. Revised 08/02/11 Page 1 WebEOC' WebEOC Software Support Plan Software Support for Third Party software: ESi regularly includes software support pricing for third party disaster recovery products (Double- Take Software). Support plans and pricing for these products are in accordance with manufacturer guidelines. Revised 08/02/11 Page 2 WebEOC WebEOC Software Support Plan 2.0 WEBEOCO PROFESSIONAL, Bronze Silver Gold Platinum All eligible product updates • • • • Routine toll-free phone support during ESi business hours • • • 24/7 emergency phone support • • • Email and website support < • • • After action analysis and suggestions for improvement W • • • LJJ One(1)complimentary registration to annual User • • • Conference Board configuration services 10 hours 40 hours 80 hours Annual onsite exercise evaluation UJI 2 days 4 days Annual onsite implementation evaluation 1 day 1 day Educational services at ESi University,Atlanta,GA 4 days 8 days (transportation,lodging not included) i. Software updates cannot be purchased separately. Customers desiring correction, point, and level releases must select one of ESi's software support plans. ii. To renew software support after a lapse in coverage,customer must pay for the lapsed period dating back to when support ended. iii. Pricing for Bronze, Silver, Gold, and Platinum cover listed product(s)only. Renewal cost of other ESi and 3`d party products is additive. iv. Customers who have implemented WebEOC locally(to include the local side of Hybrid implementations)are responsible for all costs associated with any third party software upgrades necessary due to changes/revisions to WebEOC software. These third party software products include operating, database and/or replication software (e.g., Microsoft Windows Server, Microsoft SQL Server or Double-Take). v. To the extent possible, ESi will prorate software support to coincide with customer's fiscal year. In so doing, ESi and Customer will agree on the level of services provided during the altered period of coverage. vi. Unused services (e.g., board configuration, educational services, etc.)that are part of a Software Support Plan (Silver, Gold, or Platinum) do not roll over at year end. vii. Gold and Platinum support plans are specific packages and cannot be customized. viii. ESi will negotiate services (e.g., board building,onsite support, offsite training, etc.)with customers who desire to upgrade to Gold or Platinum during a year in which support is already being provided at a lower level. Agreement will be reached on prorated services. ix. Gold and Platinum support plans include travel expenses associated with onsite services within the Continental United States (CONUS). Non-CONUS customers seeking Gold or Platinum support should contact ESi for pricing. x. Support Plans apply to the current level release only. xi. Pricing contained herein is subject to change. Revised 08/02/11 Page 3 WebEOC' WebEOC Software Support Plan WebEOC'3.0 • SUPPORT PLANS 3.1 BRONZE ; Price: WebEOCII Professional—Bronze—$4,900.00 1 WebEOC® Professional Bronze Software Support is the least expensive software support option ESi offers. In addition to corrections,which address software anomalies and enhancements which provide new features/functionality, renewal also ensures customers have access to updates that correct or improve performance and security. Maintaining WebEOC at the latest software release will assure compatibility with other agencies using WebEOC,and with any WebEOC plug-ins customer may have or subsequently purchase. It will also ensure your system is always capable of connecting to ESiWebFUSION. Bronze Support Plan features include: • Software Updates o Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.). o Point releases: modifications to the current generation of software, including enhancements and improvements. o Correction releases: patches provided to correct software anomalies. • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support&WebEOC Community Portal at http://support.ESi9ll.com • Access to the latest releases on the ESi Downloads Center website • fhttp://www.webeoc.com/webeoc—community]. • Customers seeking technical support will be billed on a time and materials basis ($175.00 first hour, plus $150.00/hr thereafter). See Section 7.0 for additional details. 1 WebEOC Air,$8,800.00; WebEOC ST,$9,050.00; WebEOC for Hospitals,$5,700.00 Revised 08/02/11 Page 4 WebEOC' WebEOC Software Support Plan 3.2 SILVER Price: WebEOC®Professional Silver—$9,000.002 Silver Support Features include: • Software Updates • Level releases: new release or new generation of software(such as the 2008 release of WebEOC 7.0.) • Point releases: modifications to the current generation of software, including enhancements and improvements • Correction releases. patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support&WebEOC Community Portal at http://Support.ESi911.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc—comm unity]. • Routine software support available by telephone, Monday through Friday,8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email, and website support (http://Support.ESi9ll.com) • Support for WebEOC software reinstalls • Remote session support • Emergency"after hours"support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One (1)complimentary registration for the Annual WebEOC User Conference3. • Learn about latest WebEOC advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines, etc.)to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products 2 WebEOC Air,$12,900.00; WebEOC ST,$13,150.00;WebEOC for Hospitals,$9,800.00 3 Applies to core WebEOC license only(Professional,Air,ST or for Hospitals). Additional registrations are not given for purchase of WebEOC plug-ins, interfaces or"Redundant Server"software. Revised 08/02/11 Page 5 WebEOC' WebEOC Software Support Plan • 10 hours of board building,scripting, or configuration. Your obligations under this plan: • Appoint a designated point of contact and two (2)alternate points of contact for interactions with ESi [e.g., submit support tickets, authorized to download software]. • provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols,operational processes, and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 6 WebEOC WebEOC Software Support Plan 3.3 GOLD Price: WebEOC®Professional—Gold —$24,900.00 4 Gold and Platinum Support plans are available to customers who desire an enhanced level of support from ESi, including annual exercise support,system evaluation, and training opportunities. Gold Support Plan features include: • Software Updates • Level releases: new release or new generation of software (such as the 2008 release of WebEOC 7.0.) • Point releases: modifications to the current generation of software, including enhancements and improvements • Correction releases: patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support&WebEOC Community Portal at http://Support.ESi9ll.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc—community]. • Routine software support available by telephone, Monday through Friday,8:30 a.m.to 7:00 p.m. EST. • Toll-free phone, email, and website support (http://Support.ESi9ll.com) • Support for WebEOC software reinstalls • Remote session support • Emergency"after hours"support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conferences. • Learn about latest WebEOC advances + Attend Administrator and User training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities,airlines, etc.)to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products 4 WebEOC Air fee is$28,800.00;WebEOC ST,$29,050.00;WebEOC for Hospitals$25,700.00 5 Applies to core WebEOC license only(Professional,Air,ST,for Hospitals). Additional registrations are not given for purchase of WebEOC plug-ins, interfaces or"Redundant Server"software. Revised 08/02/11 Page 7 WebEOC' WebEOC Software Support Plan • 40 hours of board building,scripting, and configuration. • Annual exercise evaluation--Two(2) days onsite A regular EOC exercise program will keep you,your EOC staff, and your WebEOC°software in top working order. ESi will send a specialist to your facility to support your WebEOC Administrator and assist in evaluating the EOC Exercise. • Evaluate the ability to exchange information using WebEOC, and the effectiveness of the WebEOC configuration for regional collaboration (as appropriate) • Evaluate customer's event reporting, mission tasking and situation reporting processes • Make recommendations for changes to the customer's WebEOC implementation based upon current WebEOC best practices • Support the WebEOC Administrator during the exercise for user-related issues • Provide onsite technical support during the exercise • Provide an After-Action Report to the WebEOC Administrator documenting findings, lessons learned and recommendations • Annual process evaluation -One(1) day onsite • Evaluation based on best practices recommended by ESi and observed throughout the user community • Recommend process/workflow improvements • Review software enhancements issued throughout the year • Evaluate effectiveness of customer changes made during the year • Four(4)days of educational services at ESi University(travel expenses borne by customer) Your obligations under this plan: • Appoint a designated point of contact and two (2)alternate points of contact for interactions with ESi. • Provide ESi with all necessary information about your operating environment, hardware, network configuration,security protocols, operational processes,and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 8 WebEOC WebEOC Software Support Plan 3.4 PLATINUM Price: WebEOC°Professional—Platinum—$34,900.00 6 Gold and Platinum Support plans are available to customers who desire an enhanced level of support from ESi, including annual exercise support,system evaluation and training opportunities. Platinum Support Plan features include: • Software Updates • Level releases:. new release or new generation of software (such as the 2008 release of WebEOC 7.0.) • Point releases:. modifications to the current generation of software, including enhancements and improvements • Correction releases: patches provided to correct software anomalies • Access to a knowledge base, community discussion and board swap spaces, and resources on the ESi Support&WebEOC Community Portal at http://Support.ESi9ll.com • Access to the latest releases on the ESi Downloads Center website [http://www.webeoc.com/webeoc—community]. • Routine software support available by telephone, Monday through Friday, 8:30 a.m. to 7:00 p.m. EST. • Toll-free phone, email and website support (http://Supi)ort.ESi9ll.com • Support for WebEOC software reinstalls • Remote session support • Emergency"after hours"support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conference'. • Learn about latest WebEOC advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities,airlines, etc.)to discuss information sharing and interoperability issues • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products e WebEOC Air fee is$38,800.00; WebEOC ST,$39,050.00; WebEOC for Hospitals, $35,700.00 'Applies to core WebEOC license only(Professionol,Air,5T,for Hospitals). Additional registrations are not given for purchase of WebEOC plug-ins, interfaces or"Redundant Server"software. Revised 08/02/11 Page 9 WebEOC WebEOC Software Support Plan • 80 hours of board building,scripting, and configuration. • Annual exercise evaluation—Four(4) days onsite A regular EOC exercise program will keep you,your EOC staff, and your WebEOCO software in top working order. ESi will send a specialist to your facility to support your WebEOC Administrator and assist in evaluating the EOC Exercise. • Evaluate the ability to exchange information using WebEOC, and the effectiveness of the WebEOC configuration for regional collaboration (as appropriate) • Evaluate customer's event reporting, mission tasking and situation reporting processes • Make recommendations for changes to the customer's WebEOC implementation based upon current WebEOC best practices • Support the WebEOC Administrator during the exercise for user-related issues • Provide onsite technical support during the exercise • Provide an After-Action Report to the WebEOC Administrator documenting findings, lessons learned and recommendations • Annual process evaluation -One (1) day onsite • Evaluation based on best practices recommended by ESi and observed throughout the user community • Recommend process/workflow improvements • Review software enhancements issued throughout the year. • Evaluate effectiveness of customer changes made during the year • Eight(8) days of educational services at ESi University(travel expenses borne by customer) Your obligations under this plan: • Appoint a designated point of contact and two (2)alternate points of contact for interactions with ESi. • Provide ESi with all necessary information about your operating environment, hardware, network configuration,security protocols, operational processes, and other information needed by ESi to respond to your requests for technical and other software support. Revised 08/02/11 Page 10 WebEOC WebEOC Software Support Plan 14.0 ESiWebFUSION7m SOFTWARESUPPORT Price: $15,000.00$ ESiWebFUSION Software Plan features include: • Software Updates • Level releases: new release or new generation of software • Point releases: modifications to the current generation of software, including enhancements and improvements. • Correction releases: patches provided to correct software anomalies. • Access to the latest releases • Routine software support available by telephone, Monday through Friday,8:30 a.m. to 7:00 p.m. EST. • Toll-free phone,email, and website support(http://Support.ESi911.com) • Support for WebEOC software reinstalls • Remote session support • Emergency"after hours" support provided 24/7 as necessary during actual or exercise events/incidents. • Remote analysis of After Action Report findings with suggestions for improvement. • One complimentary registration for the Annual WebEOC User Conference. • Learn about latest WebEOC and ESiWebFUSION'm advances • Attend training sessions • Meet with users to share experiences • Meet with other agencies within your region or vertical (utilities, airlines,etc.)to discuss information sharing and interoperability issues. • Attend user presentations on how WebEOC software is used • See technology demonstrations on current and future products • 10 hours of board building,scripting, and configuration. Your obligations under this plan: • Appoint a designated point of contact and two(2)alternate points of contact for interactions with ESi (e.g.,submit support tickets, authorized to download software]. • Provide ESi with all necessary information about your operating environment, hardware, network configuration, security protocols, operational processes,and other information needed by ESi to respond to your requests for technical and other software support. s Unlike WebEOC, ESiWebFUSION may be installed on one second database server without incurring a"second server"fee. Revised 08/02/11 Page 11 WebEOC' WebEOC Software Support Plan 5.0. WEBEOC TOWNf •O• ESi offers two optional WebEOC Town Square software support plans. Basic Included 'Included '$175 per ticket ! $1,999 ?Included 1Included Included $4,998 Install/Reinstall fee $500 1. Software updates cannot be purchased separately. Customers desiring correction, point, and level releases most select one of the software support plans above. 2. Basic and Premium Software Support plans cover WebEOC Town Square only. Renewal costs for other ESi or third-party products are additive. 3. Customers implementing WebEOC Town Square locally(to include the local side of hybrid implementations), are responsible for all costs associated with any third-party software upgrades resulting from changes/revisions to WebEOC software. These third-party software products include operating, database,and/or replication software (e.g., Microsoft Windows Server, Microsoft®SQL Server®, or Double-Take). 4. To renew software support after a lapse in coverage, customer must pay for the lapsed period dating back to when support ended. Warranty and Support WebEOCO Town Squarer"" purchases are covered by a one-year limited warranty. In addition, customers who purchase WebEOC Town Square are entitled to 90 days of WebEOC Town Square support. At the end of the 90 days, routine WebEOC Town Square technical support will be available for$175.00 per trouble ticket, Monday through Friday,during the hours of 0830-1900 Eastern. Note:Support on third-party hardware and software products purchased through ESi is in accordance with the respective manufacturer specifications. Revised 08/02/11 Page 12 WebEOC WebEOC Software Support Plan 6.0 THIRD PARTY AND WEBEOC PLUG-IN / INTERFACE SOFTWARE SUPPORT COSTS Software support pricing shown below is in addition to the cost of Bronze, Silver,Gold or Platinum Plans for WebEOC Professional. WebEOC Redundant Server 910 $800.00 WebEOC Plug-in WebEOC Mapper Professional $3,900.00 WebEOC Resource Manager $3,000.00 WebEOC Team Manager $3,000.00 WebEOC for Hospitals $800.00 WebEOC Interface" MIR3'" Interface no annual fee EMTrack"" Interface no annual fee EMResource"" Interface no annual fee Third Party Software—Double-Takeo (Per License/Per Year) 1213 Double-Take®Standard (Current) $600.00 Double-Ta ke®Advanced (Current) $1000.00 Double-Take®Standard (Reactivation) $1,000.00 Double-Take®Advanced (Reactivation) $2,000.00 9 Fee based on 'database'servers,not web servers. Customers with multiple redundant servers must pay the Redundant Server fee for each redundant[database]server. This fee applies even though customer may designate another agency's WebEOC server as their redundant database server. to The Redundant Server software fee applies to core WebEOC products only(e.g.,WebEOC Professional, WebEOCAir,WebEOC ST,). Customers may install plug-ins/interfaces on redundant servers without incurring similar"redundant server'fees. 11 Interfaces to commercial products listed are supported/maintained by ESi as part of the core WebEOC® Professional,ST,Air, software support plan.. 12 Double-Take"is a third party product from Double-Take Software. Customers wishing to renew Double-Take support are cautioned to renew on time to avoid"Reactivation"fees. 13 Per database server. Revised 08/02/11 Page 13 WebEOC WebEOC Software Support Plan 14 APPLICATION SERVICE RO • HOSTING ESi offers hosting services through Rackspace data centers located in Dallas,Texas and Herndon, Virginia. These facilities are fully redundant and geographically separated to reducing the likelihood that a man-made or natural disaster would affect both facilities simultaneously. Customers who choose ESi to host their instance of WebEOC have two options—fully hosted or hybrid. In the fully hosted scenario, ESi provides and maintains the customer's WebEOC totally within its hosted environment. Hybrid customers have WebEOC installed at the customer's location on servers maintained locally with ESi providing a redundant capability at one of its datacenters. Annual ASP and Hybrid fees are payable beginning Year 1. WebEOC Professional or Air ASP Service Description Service Fee ASPHosting—SET-UP(One-time fee) $2,500 (One-time) ASP Hosting—Reinstatement Fee(when payment lapses for 30 days) $2,000 WebEOC Professional ASP Service Description Service Fee ASP Hosting- Up to 250 concurrent, unlimited named. $7,850 (Annually) ASP Hosting-Up to 500 concurrent, unlimited named. $12,850 (Annually) ASP Hosting- Up to 750 concurrent, unlimited named. $17,850(Annually) ASP Hosting—Up to 1000 concurrent,unlimited named. $22,850(Annually) ASP Hosting-Up to 250 concurrent, unlimited named. $1,500 (Monthly) ASP Hosting- Up to 500 concurrent, unlimited named. $3,000 (Monthly) WebEOC Air ASP Service Description Service Fee ASP Hosting- Up to 250 concurrent, unlimited named, $9,350 (Annually) ASP Hosting-Up to 500 concurrent, unlimited named. $14,350 (Annually) ASP Hosting-Up to 750 concurrent,unlimited named. $19,350(Annually) ASP Hosting—Up to 1000 concurrent,unlimited named. $24,350(Annually) ASP Hosting-Up to 250 concurrent, unlimited named. $1,800 (Monthly) ASP Hosting-Up to 500 concurrent, unlimited named. $3,600 (Monthly) 14 ASP(hosting)fees are in addition to software support fees referenced in Sections 3.1 through 3.4, and Section 5.0. Hosting fees cover the direct cost of hardware,software and services(ESi and Rackspace)to manage and maintain customer's shared environment. Revised 08/02/11 Page 14 WebEOC WebEOC Software Support Plan WebEOC Mapper Professional ASP Service Description Service Fee ASP Hosting—SET-UP(One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $3,950 WebEOC Team Manager ASP Service Description Service Fee ASP Hosting—SET-UP(One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $1,000 WebEOC Resource Manager ASP Service Description Service Fee ASP Hosting—SET-UP(One-time fee) $850 (One-time) ASP Hosting—Annual ASP Fee $1,200 WebEOC Professional Hybrid Service Description Service Fee Hybrid Hosting-Up to 250 concurrent,unlimited named. $6,450 (Annually) Hybrid Hosting-Up to 500 concurrent,unlimited named. $11,450 (Annually) Hybrid Hosting- Up to 750 concurrent, unlimited named. $16,450(Annually) Hybrid Hosting—Up to 1000 concurrent,unlimited named. $21,450(Annually) Hybrid Hosting- Up to 250 concurrent, unlimited named. $1,500 (Monthly) Hybrid Hosting-Up to 500 concurrent, unlimited named. $3,000 (Monthly) WebEOC ASP Database Storage Service Fee ASP Hosting—5GB Block ASP Database Storage $500 Revised 08/02/11 Page 15 WebEOC' WebEOC Software Support Plan 8.0 CUSTOMER SUPPORT Customers may seek support using the following resources on the ESi Support&WebEOC Community Portal at http://support.esi9ll.com : • Search the knowledge base of ESi official solutions and tips and tricks • Ask a community of peers and ESi moderators • Contact ESi Support via support portal, email, or phone For questions or problems of a non-critical nature,customers can submit a ticket through The Support Portal, by email to support@esi911.com, or call the Customer Support Help Desk number listed below ESi Customer Support US Customers International Customers WebEOC Customer Support portal http://support.esi911.com WebEOC Customer Support email support@esi911.com WebEOC Customer Support Help Desk (877) 771-0911 (706)823-0911 WebEOC Customer Support Pager (888) 243-7204 (803)202-1014 8.1 ESCALATION PLAN If no one is available to answer your call (when dialing the Toll-Free Help Desk Number)you may: • Leave a message and your call will be returned as soon as possible. Calls received outside of ESi normal duty hours (Monday through Friday, 8:30 a.m.—7:00 p.m. Eastern)will be returned the next business day. • Alternatively,you will be prompted to page the on-duty technician. If electing this option (or dialing the pager number direct), ensure the call back number includes your area code. If the call back number is a "general" number, please ensure the person answering the phone knows to whom the call should be transferred. Customers who dial the ESi commercial number must ask to be transferred to Tech Support. If no answer, you may elect to page the on-duty technician or leave a message. Messages will be returned as described above. If your call is for emergency support,and after paging the customer support technician you do not receive a call back within ten (10) minutes,call the following in the order listed: ESi Emergency Support Escalation Contact Information Manager of Customer Support Dyral Fox (706)823-0911(Office) (706)951-1755(Cell) Director of Customer Support,Quality Assurance Charles Ryan (706)823-0911(Office) (803)292-4107(Cell) Vice President,Chief Architect Josh Newsome (706)823-0911(Office) (706)830-2807(Cell) President and Chief Executive Officer Nadia Butler (706)823-0911(Office) (706)836-5151(Cell) Revised 08/02/11 Page 16 WebEOC WebEOC Software Support Plan 8.2 HOURLY SUPPORT (BRONZE AND CUSTOMERS WITHOUT SUPPORT PLAN) Bronze Support Plan customers and customers without software support will be asked for a credit card number or purchase order before technical support will be provided. ESi accepts VISA, Master Card and Discover. Technical support rates in this instance will be charged in accordance with the following schedule. Bronze Support(Hourly) New Trouble Ticket(minimum charge) 1 $175.00 Troubles requiring more than(1)hour of customer support 1 $175,00 plus$150.00/hr. We also ask that you notify ESi Customer Support by email (support@esi911.com)each time your EOC activates/deactivates in response to an actual event or major exercise. Knowing when you activate will help us prioritize tech support activities;the deactivation will alert us to solicit feedback so that we can prepare our own after action report and ultimately share lessons learned with other WebEOC users. Revised 08/02/11 Page 17 WebEOC' WebEOC Software Support Plan 9.0 OPTIONAL EMERGENCY • SUPPORT Customers may elect to receive "on demand" emergency on-site support services from ESi on a fee- for-service basis. Such services are provided in addition to WebEOC Software Support and Maintenance and shall be provided according to the following terms and conditions. Services Offered: Services to be performed may include, but are not limited to: • WebEOC administration and user support • Custom board configuration • Training of new users • Process development and implementation • Technical assistance • The temporary set-up of a hosted or redundant system for fail-over purposes. Request for Services: Services may be requested by Customer by written Work Order at the sole discretion of Customer. Work Orders may be sent to ESi via facsimile at (706) 826-9911 or via electronic mail to emergency_help@esi911.com. If facsimile is used for submission, the customer should also send an electronic mail to emergency help@esi911.com informing ESi that the Work Order is in the process of being submitted. Acceptance of Work: ESi shall issue to Customer a written acceptance or rejection of work offered within twelve (12) hours of receipt of Work Order. Acceptance of Work Order by ESi is dependent on availability of ESi staff or qualified sub-contractors and feasibility of travel. Nothing contained herein shall require ESi to accept a request on behalf of Customer to perform services for Customer and nothing contained herein obligates Customer to request Contractor services. Compensation: Customer shall pay ESi for work performed at the rates stated in Contractor Rate Schedule listed below. ESi shall invoice Customer for work performed on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi, the dates on which work was performed, a brief description of work performed, and an itemized list of charges covered by the invoice. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. Expenses: Customer shall pay ESi for reasonable expenses incurred during the performance of work requested by Customer. Reasonable expenses include but are not limited to travel, per diem and materials. ESi shall invoice Customer for such expenses, at rates equal to actual cost to ESi, on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi and an itemized list of expenses covered by the invoice. Original receipts will be provided upon request of Customer. Customer shall pay Contractor the amount due within thirty (30) days of receipt of Contractor invoice. Revised 08/02/11 Page 18 WebEOC WebEOC Software Support Plan Contractor Rate Table Item Number Description Unit Price TS-PMDAR-ES-EOSS Project Manager $3,000/day TS-PGMNR-ES-EOSS Programmer $3,000/day TS-FICTOD-ES-EOSS WebEOC Software Support,Senior Level $3,600/day TS-FINSD-ES-EOSS WebEOC Software Support $3,000/day TS-AEOSD-ES-EOSS Technical Services,General $3,000/day TS-ASPSU-EOSS Set-up,Temporary Hosted Site $3,000 TS-CIMS7-250D-H-EOSS Hosting(5 250 concurrent users)Temporary Site $ 50/day Direct Costs: Travel Expenses and Per Diem. Authorized travel expenses and per diem shall be paid to ESi at the following rates: (i) Transport fares (air,surface transportation)shall be reimbursed at actual costs. (ii) Reasonable hotel accommodations shall be reimbursed at actual costs. For the purposes of this agreement, "reasonable" means at a price at or similar to published General Services Administration ("GSA") guidelines in effect for the destination at the time of booking or stay,whichever amount is greater. (iii) Meals and incidentals ("per diem") shall be paid according to the published GSA guidelines in effect for the destination at the time such expenses are incurred. The value of any allowance for meals or incidentals purchased for ESi by Customer or a third party shall be subtracted from daily per diem values prior to issuing reimbursement to ESi. (iv) Mileage expenses shall be reimbursed at the internal Revenue Service ("IRS") rate in effect at the time the expense is incurred. (v) Reasonable rental car expenses shall be reimbursed at actual costs. (vi) Parking fees,tolls and bridge fees shall be reimbursed at actual costs. The cost of any materials required to complete work assignments that are not provided to ESi shall be reimbursed at actual cost. A WebEOC Software Support and Maintenance Terms and Conditions,Optional On-Site Emergency Support Services Agreement is provided on the following pages. Please complete only if interested in EOSS Service. Revised 08/02/11 Page 19 WebEOC' OPTIONAL Emergency On-site Support Service(EOSS) PLEASE COMPLETE ATTACHED AGREEMENT ONLY IF FOSS SERVICE IS DESIRED THIS IS AN OPTIONAL SERVICE, PLEASE READ CAREFULLY Emergency On-site Support Service (EOSS) Revised 08/02/11 WebEOC' Emergency On-site Support Service(E055) Purchase Order Number: WebEOC Software Support and Maintenance Terms and Conditions,Optional On-Site Emergency Support Services Customer may, at its option and by affixing a duly authorized signature below, elect to receive "on demand" emergency on-site support services from ESi on a fee-for-service basis. Such services are provided in addition to WebEOC Software Support and Maintenance and shall be provided according to the following terms and conditions: 1. Services Offered.Acceptance of Work (a) Services Offered by ESi. ESi may, from time to time, provide professional services to Customer for the purpose of providing emergency on-site support during significant events and emergency operations center activations. Services to be performed may include, but are not limited to: WebEOC Administration, WebEOC Administrator and User support, board-building, "on the fly" process development and implementation, training and orientation for new users, provision of on-site technical assistance, temporary set-up of hosted or redundant system for fail-over purposes, and other emergency software support. (b) Request for Services. Services may be requested by Customer by written Work Order at the sole discretion of Customer. Such Work Order shall take the form of, or be substantially similar to, the Work Order Form incorporated herein as Attachment A. Work Orders may be sent to ESi via facsimile at (706) 826-9911 or via electronic mail to emergency help@esi911.com. If facsimile is used for submission, the customer should also send an electronic mail to emergency help@esi911.com informing ESi that the Work Order is in the process of being submitted. (b) Acceptance of Work. ESi shall issue to Customer a written acceptance or rejection of work offered within twelve (12) hours of receipt of Work Order. Acceptance of Work Order by ESi is dependent on availability of ESi staff or qualified sub-contractors and feasibility of travel. Nothing contained herein shall require ESi to accept a request on behalf of Customer to perform services for Customer and nothing contained herein obligates Customer to request Contractor services. 2. Compensation (a) Customer shall pay ESi for work performed at the rates stated in Contractor Rate Schedule incorporated herein as Attachment B. (b) ESi shall invoice Customer for work performed on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi, the dates on which work was performed, a brief description of work performed, and an itemized list of charges covered by the invoice. Customer shall pay Contractor the amount due within thirty(30) days of receipt of Contractor invoice. 3. Expenses Customer shall pay ESi for reasonable expenses incurred during the performance of work requested by Customer. Reasonable expenses include but are not limited to travel, per diem and materials. ESi shall invoice Customer for such expenses, at rates equal to actual cost to ESi, on a monthly basis. ESi invoice shall, at a minimum, provide the name and mailing address of ESi and an itemized list of expenses covered by the invoice. Original receipts will be provided upon request of Customer. Customer shall pay Contractor the amount due within thirty(30) days of receipt of Contractor invoice. Revised 08/02/11 Page 1 WebEOC' Emergency On-site Support Service(EOSS) These terms and conditions accepted by: FOR CUSTOMER: FOR ESi: Date: Date: Name: Name: Title: Title: Address: Address: 823 Broad Street Augusta,Georgia 30901 Telephone: Telephone: (706)823-0911 Facsimile: Facsimile: (706) 826-9911 Revised 08/02/1.1. Page 2 WebEOC' Emergency On-site Support Service(E05S) ATTACH MENT A:WORK ORDER FORM 1, Work.Requested By: Licensee: Address: 2. Points of Contact (2)for Work to be Performed: Name: Name: Title: Title: Organization: Organization: Telephone, land: Telephone, land: Telephone, mobile: Telephone, mobile: Facsimile: Facsimile: E-mail: E-mail: 3. Location of Work Facility Name: Address: Type of Facility: 4. Brief Description of Work Requested 5. Brief Description of Personnel Needs (i.e. number,special skills,etc.) 6. Anticipated Duration of Services Starting Date and Time: Anticipated End Date and Time: Individuals executing this Work Order on behalf of the Contractor and XXX do each hereby represent and warrant that they are duly authorized by all necessary action to execute this Work Order on behalf of their respective organizations. SUBMITTED BY: FOR ESi: Accept [ ) Reject [ ) Name: Name: Title: Title: Revised 08/02/11 Page 3 WebEOC' Emergency On-site Support Service(FOSS) ATTACHMENT B: CONTRACTOR RATE SCHEDULE 1. Definitions (a) "Item Number" means the ESi-assigned code for type of service delivered and is used by ESi for pricing and invoicing purposes. (b) "Description" means the type of service that may be provided by ESi according to the terms of this Agreement. (c) "Unit Price" means the unit price charged to Customer. (d) "Direct Costs" mean non-labor costs such as authorized materials, travel, meals and incidentals. 2. Contractor Rate Table Item Number Description Unit Price TS-PMDAR-ES-EOSS Project Manager $3,000/day TS-PGMNR-ES-EOSS Programmer $3,000/day TS-FICTOD-ES-EOSS WebEOC Software Support,Senior Level $3,600/day TS-FINSD-ES-EOSS WebEOC Software Support $3,000/day TS-AEOSD-ES-EOSS Technical Services,General $3,000/day TS-ASPSU-EOSS Set-up,Temporary Hosted Site $3,000 TS-CIMS7-250D-H-EOSS Hosting(<250 concurrent users)Temporary Site $ 50/day 3. Direct Costs (a) Travel Expenses and Per Diem. Authorized travel expenses and per diem shall be paid to ESi at the following rates: (i) Transport fares (air, surface transportation)shall be reimbursed at actual costs. (ii) Reasonable hotel accommodations shall be reimbursed at actual costs. For the purposes of this agreement, "reasonable" means at a price at or similar to published General Services Administration ("GSA") guidelines in effect for the destination at the time of booking or stay, whichever amount is greater. (iii) Meals and incidentals ("per diem") shall be paid according to the published GSA guidelines in effect for the destination at the time such expenses are incurred. The value of any allowance for meals or incidentals purchased for ESi by Customer or a third party shall be subtracted from daily per diem values prior to issuing reimbursement to ESi. (iv) Mileage expenses shall be reimbursed at the Internal Revenue Service ("IRS") rate in effect at the time the expense is incurred. (v) Reasonable rental car expenses shall be reimbursed at actual costs. (vi) Parking fees,tolls and bridge fees shall be reimbursed at actual costs. (b) The cost of any materials required to complete work assignments that are not provided to ESi shall be reimbursed at actual cost. Revised 08/02/11 Page 4 WebEOC' SC 00 a� �h AGENDA MEMORANDUM NCORPOR 1�'0 zss2 Action Item for the City Council Meeting September 8, 2020 DATE: September 8, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Enterprise Agreement— Microsoft Volume Licensing CAPTION: Motion authorizing a three-year service agreement with SoftwareONE, Inc., in an amount not to exceed $2,729,477.37 for a Microsoft Enterprise Volume License for the Information Technology Department, with FY 2020 funding in the amount of $909,825.79 funded through the Information Technology Fund. SUMMARY: This Microsoft licensing agreement is for three years in an amount not to exceed $2,729,475.00, which is an increase of approximately $213,000.00 annually. The increase to this agreement is driven by an increase in demand for security, disaster recovery, business continuity, and virtualization of systems and applications with the market. This agreement is through the Department of Information Resources (DIR) Cooperative. Contracts awarded through the DIR Cooperative ensure discounted pricing for local municipalities, and state and government procurement requirements. The City has added critical security software features to protect City staff and data from cyber-attacks, ransomware, foreign Iogins, impersonations, phishing, and infected file attachments. Additional database and network server licenses have been added for the new virtualized data center and backup location systems for disaster recovery and business continuity. Approval of this new contract provides essential Microsoft Office 365 Suite of applications which includes hosted e-mail and hosted integrated software applications such as Microsoft Outlook, Microsoft Word, and infrastructure licensing which includes Microsoft Database Server, Windows Network Server, and user login licenses. This agreement also includes critical security volume license features to protect city E-Mail accounts and data, in addition to governmental products critical to the day to day operations for the City staff/employees BACKGROUND AND FINDINGS: The Microsoft Enterprise License agreement is part of the Information Technology (IT) ongoing goal of providing City staff essential tools needed for efficient and effective productivity. Microsoft Enterprise Agreement will position the City to utilize the most current and latest technology. The latest three-year agreement with Software House International has expired. Negotiations were completed with a non-incumbent Contractor to ensure that our existing Microsoft Agreement does not get interrupted during the transition to a new DIR cooperative Contractor, SoftwareONE, Inc. The new Enterprise Agreement will cover the following software licenses (volume subscriptions) for: 1 . Office 365 (Government) 2. PowerBI Pro 3. SQL 4. SQL Server Enterprises Core (Government) 5. SQL Server Standard Core 6. Windows Remote Desktop Services 7. Windows Server Data Center Services Core (Government) 8. Windows Server Standard Core (Government) ALTERNATIVES: The City could search for alternative vendors for desired Microsoft Products, but at this time, there are no alternatives. The City continues to rely on the quality and reliability of Microsoft product(s) which makes it difficult to change to similar product(s) / service(s). Without this Enterprise Volume License Agreement would impose real-time temporary limitations to the City employee productivity, due potential service interruption that could temporarily halt or limit existing City employee's need to immediate access an established Microsoft platform services, such as e-mail or word processing, etc. Participating vendors participate with Microsoft, but a different procurement method would be needed instead of procuring with a CO-OP method that would cause unwarranted time restraints. FISCAL IMPACT: The fiscal impact for the IT Department in FY2020 is $909,825.79. The remaining cost of $1 ,819,651.58 will be allocated in future years: $909,825.79 in FY 2021 and $909,825.79 in FY 2022. FUNDING DETAIL: FY 2020 Fund: 5210 Information Technology Fund Organization/Activity: 40420 IT Tech Infrastructure Service Mission Element: 241 Project # (CIP Only): Account: 520105 Computer Software Cost $909,825.79 RECOMMENDATION: Staff recommends approval of this motion authorizing this license agreement for Microsoft products with SoftwareONE, Inc., Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement PRICING SHEET DATE: 8/12/20 VENDOR NAME: SoftwareONE COOP NAME & CONTRACT#: DIR-TSO-4061 MANUFACTURER/ CONTRACT% QTY VENDOR PART# DESCRIPTION LIST COST DISCOUNT UNIT COST EXTENDED COST 4 J5U-00001 Azure MonComm G Shared Lvl D $1,500 18.21% $1,224 $4,896 100 9GS-00135 Core InfSry Ste DC Core 2 Iic Lvl D $200 18.21% $164.81 $16,481 2929 AAD-32906 Ent Mob Sec E3 from SA GCC Lvl D $90 18.21% $74.16 $217,214.64 220 3NS-00003 Exch Online Plan 2 Gov shrdsry Lvl D $96 18.21% $73.98 $16,275.60 2100 AAA-11924 Office 365 Gov E3 from SA Lvl D $224.40 18.21% $184.80 $388,080 580 AAA-11894 Office 365 E3 shrdsry Lvl D $264 18.21% $217.44 $126,115.20 100 DDJ-00001 Power BI Pro shrdsry Lvl D $112.80 18.21% $93.00 $9,300 26 359-00961 SQL User CAL only SA add Lvl D $41 18.21% $33.78 $878.28 20 7JQ-00343 SQL Sry Ent Core 2lic SA Add Lvl D $2,698 18-21% $2,223.24 $44,464.80 6 228-04433 SQL Sry Std SA Add Lvi D $177 18.21% $145.86 $875.16 24 7NQ-00292 SQL SrvStd Core 2lic SA Add Lvl D $704 18.21% $580.12 $13,922.88 500 6VC-01254 Win Rem DT ServCAL SA Add Lvl D $26 18.21% $21.43 $10,715 240 9EA-00278 Win Sry DC Core 2 Lic SA Add Lvl D $152 18.21% $125.25 $30,060 198 9EM-00270 Win Sry Std Core 2 Lic SA Add Lvl D $22 18.21% $18.12 $3,587.76 100 4ZF-00019 VDA Per Dev Sub Add $111.80 18.21% $92.13 $9,213 2300 LML-00001 YammerEntGCC Add 0365 M365F1 $0.00 0% $0.00 $0.00 1071 R18-00130 Win Sry User CAL Select+ Lvl D $20 17.75% $16.57 $17,746.47 Total $909,825.79 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number $6190957 Framework ID (Microsoft to complete) (if applicable) Previous Enrollment number 8078522 (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.conVIicensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or(3)a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 1 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2)only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or(2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or(3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 2 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term"price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 3 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 4 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered underthis Enrollment will be Level"D"throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 5 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 6 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: 0 Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/1icensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Corpus Christi Contact name* First Frank Last De Los Santos Contact email address* FrankD@cctexas.com Street address* 1201 Leopard Street 1201 Leopard Street City*Corpus Christi State*TX Postal code* 78401-2120- (Please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 361-826-3740 Tax ID *indicates required fields b. Notices contact and Online Administrator. This contact(1)receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 8 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 0 Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Frank Last De Los Santos Contact email address* FrankD@cctexas.com Street address* 1201 Leopard Street 1201 Leopard Street City*Corpus Christi State*TX Postal code* 78401-2120- (Please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 361-826-3740 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. *indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator(default if no information is provided below, even if box is not checked) Contact name*: First Frank Last De Los Santos Contact email address* FrankD@cctexas.com Phone* 361-826-3740 ❑This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. *indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SoftwareONE, Inc. Street address (PO boxes will not be accepted)* 20875 Crossroads Circle, Suite 1 City*Waukesha State* WI Postal code* 53186-4093 Country* United States Contact name* MS. Admin Phone*262-317-5555 Contact email address* ms-admin.us@softwareone.com *indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* aw, AA L41s ""A'°et ea Reyes Printed name* Printed title* operations Analyst Date* 8/19/2020 *indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 9 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following,attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, 0 No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA20201EnrGov(US)SLG(ENG)(0ct2019) Page 10 of 10 Document X20-10635 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Volume Licensing Previous Enrollment(s)/Agreement(s) Form Entity Name: City of Corpus Christi Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution,or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s)from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact(not the SA manager)and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrollment/Agreement/ Enrollment/Agreement/ Transfer Transfer Purchasing Account/Affiliate Purchasing Account/Aff iliate SA Benefit MSDN Registration Description Registration Public Customer Contact Subscribers Number Standard Enrollment 9078522 X X PrevEnrAg rFo rm(WW)(E N G)(Oct2019) Page 1 of 1 Document X20-12873 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Volume Licensing Amendment to Contract Documents Enrollment Number 5-0000005568145 These amendments are entered into between the parties identified on the attached program signature form. They amend the Enrollment or Agreement identified above. All terms used but not defined in these amendments will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged for net new Monthly Subscriptions(including Online Services)for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. SKU Number SKU Description Existing Quantity Incremental quantities AAA-11924 O365GCCE3fromSA ShrdSvr 2100 ALNG SubsVL MVL PerUsr AAD-32906 EntMobandSecE3FromSAGCC 2929 ShrdSvr ALNG SubsVL MVL PerUsr AAA-11894 O365GCCE3 ShrdSvr ALNG 580 SubsVL MVL PerUsr 4ZF-00019 WINVDAPerDvc ALNG 100 SubsVL MVL PerDvc J5U-00001 Azure Monetary Commitment- 4 US Gov 3NS-00003 ExchgOnlnP2GCC ShrdSvr 220 ALNG SubsVL MVL PerUsr DDJ-00001 PwrBIProGCC ShrdSvr ALNG 3 97 SubsVL MVL PerUsr LML-00001 YammerEntGCC ShrdSvr 2300 ALNG SubsVL MVL AddOn toO365M365F3E5 AmendmentApp v4.0 M97,M318 B Page 1 of 4 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 AmendmentApp v4.0 M97,M318 B Page 2 of 4 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Enterprise Enrollment Yammer for GCC Amendment ID M318 1. Defined terms. "Yammer Enterprise" means the multi-tenant service offering, Yammer Enterprise, as described in the Product Terms dated December 1, 2016. 2. Additional Rights to Yammer Enterprise. In order to be eligible for Yammer Enterprise, Customer or Enrolled Affiliate must have purchased user subscription licenses ("USLs") under the Enrollment for at least one of the following Office 365 for Government offerings ("Qualifying Office 365-G Suites"). • Office 365 Govern ment/GOVCON E1 • Office 365 Govern ment/GOVCON E3 • Office 365 Govern ment/GOVCON E4 • Office 365 Government/GOVCON E5 Following its execution of this Amendment, each of Enrolled Affiliate's users assigned to a USL for a Qualifying Office 365-G Suite is entitled to use Yammer Enterprise, at no additional cost,for the duration of the earlier of(i) the USL subscription term and (ii)the term of this Amendment, subject to the terms and conditions of this amendment. Enrolled Affiliate may not assign any Yammer Enterprise USLs provided at no additional cost under this Amendment to any users that are not assigned to a Qualifying Office 365-G Suite. Microsoft's provision of Yammer Enterprise under the Enrollment will be subject solely to the terms of the Enrollment, Agreement, Online Services Terms dated December 1,2016 and Product Terms dated December 1, 2016, except as otherwise provided in this Amendment. Yammer Enterprise is provided in a"public cloud,"not in a"community cloud,"as such terms are defined in NIST Special Publication 800-145. It is neither part of, nor a component of, Office 365 for Government. If Microsoft integrates Yammer Enterprise features or functionality into any Office 365 for Government Online Service, Microsoft makes no representation or warranty that Enrolled Affiliate will be able to migrate its Customer Data from Yammer Enterprise to Office 365 for Government, nor that any such migration (if possible)will be performed by Microsoft at no cost. In order to provide Yammer Enterprise to eligible users of Qualifying Office 365-G Suites at no additional cost as set forth above, Microsoft will invoice Enrolled Affiliate (or Enrolled Affiliate's Reseller, if applicable) for the applicable SKU, for a quantity of Yammer Enterprise not to exceed, in aggregate, the total number of Licenses Enrolled Affiliate has purchased for Office 365-G Suites. It is the intent of Microsoft that the terms of this amendment, and the provision of Yammer Enterprise (for the limited purpose set forth above), be in compliance with all applicable federal, state and local laws and regulations. All Products are provided under this Amendment for the sole use and benefit of Enrolled Affiliate for its government functions only, and are not provided for use by or personal benefit of any government employees. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment term. In addition, Microsoft shall have the right to immediately terminate this Amendment in the event Customer or the Enrolled Affiliate breaches any obligation in this Amendment. Except for changes made by these amendments,the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in these amendments and any provision in the Enrollment or Agreement identified above, these amendments shall control. AmendmentApp v4.0 M97,M318 B Page 3 of 4 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: (M97)EnAmend(Ind)(InvoiceforQuotedPrice)( M97 B WW)(ENG Dec2019 IU .docx (M318)EnrAmend(YammerforGCC)(WW)(EN M318 B G)(Au 2017 IU .docx AmendmentApp v4.0 M97,M318 B Page 4 of 4 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft I Volume Licensing Discount Transparency Disclosure Form Date: 6/22/2020 Program: Enterprise 6 Enrollment Number: Renewal Quote Number: 0969675.003 Partner Name: SoftwareONE, Inc. Reseller Address: 20875 Crossroads Circle, Suite 1 Waukesha,WI, United States,53186-4093 Discount Details For this enrollment, Microsoft provided the Customer's Partner an additional discount off of the Partner's Net Price.The Partner is required, by Microsoft,to pass on the additional discount to the Customer by reducing the Microsoft Product resale price by an amount equal to or greater then the discount. Listed in the table below is the maximum price the partner may charge for the Microsoft Products to be ordered under this enrollment.The Maximum Resale Price(MRP)is calculated by subtracting the additional discount provided to the Partner,from the total estimated resale price for the Microsoft Products. The requirement to pass through the additional discount,does not mean that Microsoft is setting the Customer's actual price. Partners remain free to set the price charged for Microsoft Products at any point equal to or below MRP.The Customer's actual price will be established by a separate agreement between Customer and its Partner. Ordered Products Currency Maximum Resale Price US Dollar 3,248,658 Note: The Maximum Resale Price listed in the table above only pertains to the Microsoft Products to be ordered under this Enrollment.The content of this form has no impact on the Customer's price for Non-Microsoft products and services. In this form,the following definitions apply: "Customer"means the entity that may enter or has entered into a Contract with the Partner. "Contract"means a binding agreement between the Partner and Affiliate,under which Customer orders Products from Partner. "Microsoft"means(1)the entity that has entered into an agreement with Partner under which Partner may place orders for Microsoft Products for use by the Customer and(2)the affiliates of such entity,as appropriate. "Maximum Resale Price"means the sum of the Estimated Retail Price for all Microsoft Products ordered under the Customer Contract minus the aggregated discount off of the Partner's Net Price provided by Microsoft listed in the currency in which the Partner or Partner's reseller transacts with Microsoft. "Product"means all Microsoft Products identified in the Product Terms,such as all Software,Online Services,and other web- based services,including pre-release or beta version.Microsoft product availability may vary by region. Partner: SoftwareONE, Inc. Customer: City fo Corpus Christi Signature of Customer's authorized representative: Printed name: Printed title: Date: 1/1 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Proposal ID Enrollment Number 0969675.003 Language: English(United States) Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order: Profile Qualified Qualified Users Device/User Enterprise Product Platform CAL Licensing Model Devices Ratio Enterprise 2,680 2,929 0.9 No User Licenses Products Enterprise Quantity Office 365 Plans Office 365 GCC Plan E3 SA 2,100 0365 GCC E3 580 Enterprise Mobility and Security(EMS) Enterprise Mobility and Security GOV 2,929 Enrolled Affiliate's Product Quantities: Price Group 1 2 3 4 Enterprise Products Office Professional Plus+Office Client Access License+ Client Access License Win E3+Win E5+ 365 Pro Plus+Office 365(Plans Office 365(Plans E1,E3 +Windows Intune+ Win VDA+Microsoft E3 and E5)+Microsoft 365 and E5)+Microsoft 365 EMS USL+Microsoft 365 Enterprise Enterprise Enterprise 365 Enterprise Quantity 2680 2680 2929 0 Enrolled Affiliate's Price Level: Product Offering/Pool Price Level Enterprise Products and Enterprise Online Services USLs:Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool:Unless otherwise indicated in associated contract documents,Price level set using quantity from Group 1. D Additional Product Server Pool:Unless otherwise indicated in associated contract documents,Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool:Unless otherwise indicated in associated contract documents,Price level set using quantity from Group 4. D NOTES CTM Pagel of 2 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Unless otherwise indicated in the associated contract documents,the price level for each Product offering/pool is set as described above,based upon the quantity to price level mapping below: Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1:Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2:If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,the price level for Additional Products in the same pool will be price level"A"throughout the term of the Enrollment.Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. CTM Page 2 of 2 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Volume Licensing Program Signature Form MBA/MBSA number 5-0000005568145 Agreement number 01E73535 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here,or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution,or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code Enterprise Enrollment Indirect X20-10635 Enterprise Amendment M97;M318 New Discount Transparency Disclosure Form 0969675.003 DTDF Product Selection Form 0969675.003 PSF By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity(must be legal entity name)*City of Corpus Christi Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID *indicates required field Microsoft Microsoft Corporation Signature s . Printed First and Last Name cl audi a se rvi n Printed Title Authorized signer Signature Date 8/19/2020 (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Optional 2nd Customer signature or Outsourcer signature(if applicable) Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field Outsourcer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 APPROVED AS TO LEGAL FORM: USA Assistant City Attorney Date For City Attorney Prog ramS ign Form(MSSig n)(NA,LatAm)Ex BRA,MLI(ENG)(May202O) Page 2 of 2 Document X20-12883 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Volume Licensing Program Signature Form M BA/M BSA number Agreement number 7118883 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here,or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution,or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code <Choose A reement> <Choose A reement> <Choose Agreement> <Choose A reement> <Choose A reement> <Choose Enrollment/Registration> <Choose Enrollment/Registration> <Choose Enrollment/Registration> <Choose Enrollment/Registration> Select Plus Affiliate Registration Form X20-11591 By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)*City of Corpus Christi Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID *indicates required field APPROVED AS TO LEGAL FORM Assistant City Attorney Date For City Attorney ProgramSignForm(MSSign)(NA,LatAm)ExBRA,ML I(ENG)(May2020) Page 1 of 2 Document X20-12883 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Microsoft Corporation Signature Cr����azae Printed First and Last Name Claudia Servin Printed Title Authorized Signer Signature Date 8/19/2020 (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature(if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field Outsourcer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Microsoft Volume Licensing± Select Plus Affiliate Registration Form State and Local Registration Type Lead Affiliate❑ Lead Affiliate Public Customer Number(PCN) 9C67FD36 Reseller to complete Additional Affiliate® Reseller to complete Agreement Number Additional Affiliate Public Microsoft or Reseller to complete 7118883 Customer Number(PCN) Reseller to complete Qualifying Contract Change Affiliate Anniversary Month August Reseller to complete Reseller to complete By registering, Registered Affiliate accepts and agrees to be bound by the terms of the agreement and any applicable attachments (the "Agreement"), and will be allowed to acquire Products in accordance with the Agreement. If Registered Affiliate registers as an Additional Affiliate, Registered Affiliate represents that the Additional Affiliate is an eligible entity of the Lead Affiliate identified above. This registration is valid when accepted by Microsoft and until it is terminated. Registered Affiliate will receive an acceptance notification confirming the effective date of this registration. Microsoft may refuse to accept a registration if there is a business reason for doing so. Either party may terminate this registration for any reason with 60 days advance written notice. Terminating this registration will terminate the Registered Affiliate's ability to place Orders under the Agreement. Each Registered Affiliate may qualify for and receive additional benefits by electing Software Assurance membership. By electing Software Assurance membership, the Registered Affiliate is committing to include Software Assurance with every eligible Order. To make this election, complete and submit the Select Plus Software Assurance Membership Election Form. In order to use a third party to reimage the Windows Operating System Upgrade, Registered Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details. 1. Primary Contact Information. Registered Affiliate must identify an individual from inside its organization to serve as the primary contact. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity*City of Corpus Christi Contact name*: First Frank Last De Los Santos Contact email address* FrankD@cctexas.com Street address* 1201 Leopard Street City*Corpus Christi State*Texas Postal code* 78401-2120 Country* United States Phone* 1 361 658 7625 Tax ID *indicates required fields 2. Notices contact and online administrator. This individual receives contractual notices. They are also the online Administrator for the Volume Licensing Service Center and may grant online access to others. ® Same as primary contact Name of entity* Contact name*: First Last SelectPlus20l3ARFGov(US)SLG(ENG)(Oct2Ol3) Page 1 of 3 Document X20-11591 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Contact email address* Street address* City* State* Postal code* Country* Phone* ❑ This contact is a third party (not the Registered Affiliate). Warning: This contact receives personally identifiable information of the Registered Affiliate. *indicates required fields 3. Language preference. Select the language for notices. English 4. Reseller information. Reseller company name* SoftwareONE, Inc. Street address(PO boxes will not be accepted)*20875 Crossroads Circle, Suite 1 City*Waukesha State*WI Postal code* 53186-4093 Country* United States Contact name* MS Admin Phone* 262-317-5555 Contact email address*ms-admin.us@softwareone.com *indicates required fields The undersigned confirms that the information is correct. Name of Reseller*SoftwareONE, Inc. Signature*Lk�uaal?c��s T� Printed name*A ethea Reyes Printed title* Operations Analyst Date* 8/19/2020 *indicates required fields Changing a Reseller. If Microsoft or Reseller chooses to discontinue doing business with one another, Registered Affiliate must choose a replacement Reseller. If Registered Affiliate or Resellers intends to terminate their relationship, the initiating party it must notify Microsoft and the other party, using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. 5. Supplemental Contacts. Customer's Notices Contact identified above is the default contact for administrative and other communications. However, Customer may designate additional contacts using the Supplemental Contact Information form. 6. Software Assurance Membership Election. Each Registered Affiliate may qualify for and receive additional benefits with Software Assurance membership. By electing Software Assurance membership below, Registered Affiliate is committing for a minimum period of one year to include Software Assurance with every eligible Order, and to maintain Software Assurance for all copies of Products licensed under this program for at least one Product pool. SelectPlus20l3ARFGov(US)SLG(ENG)(Oct2013) Page 2 of 3 Document X20-11591 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 Product pools • Note: If"Yes"is Applications ❑ ® marked,orders for Licenses without Software Systems ❑ ® Assurance will not be accepted. Servers ❑ Only valid if attached to a signature form. SelectPlus20l3ARFGov(US)SLG(ENG)(Oct2013) Page 3 of 3 Document X20-11591 DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE City of Corpus Christi,TX Date 07/30/2020 Frank De Los Santos Customer No. US-SCU-143347 1201 Leopard Street Your Reference EA Renewal(WS) CORPLISCHRISTI,TX 78401 Account Manager Craig Lance Your Contact Person statestore us E-Mail statestore.us@softwareone.com Our Tax ID 39-1501504 Quote US-QUO-852611 Invoice Address Shipping Address License Address City of Corpus Christi,TX City of Corpus Christi,TX City of Corpus Christi,TX 1201 Leopard Street 1201 Leopard Street 1201 Leopard Street CORPUSCHRISTI,TX 78401 CORPUSCHRISTI,TX 78401 CORPUSCHRISTI,TX 78401 Frank De Los Santos FrankD@cctexas.com Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) DIR-TSO-4061 EA# Year 10 J5U-00001 Azure Monetary Commitment G Shared Server Commit NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 4 1,224.00 0.00 4,896.00 MSRP:$1,500.00 20 9GS-00135 Core Infrastructure Server Suite DataCenter Core 2 Lic Core NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 100 164.81 0.00 16,481.00 MSRP:$200.00 30 AAD-32906 Enterprise Mobility and Security E3 from SA GCC MVL Per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 2,929 74.16 0.00 217,214.64 MSRP:$90.00 40 3NS-00003 Exchange Online Plan 2 Gov ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 220 73.98 0.00 16,275.60 SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) MSRP:$96.00 50 AAA-11924 Office 365 Gov E3 from SA ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 2,100 184.80 0.00 388,080.00 MSRP:$224.40 60 AAA-11894 Office 365 Gov E3 ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 580 217.44 0.00 126,115.20 MSRP:$264.00 70 DDJ-00001 Power BI Pro ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 100 93.00 0.00 9,300.00 MSRP:$112.80 80 359-00961 SQL User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 26 33.78 0.00 878.28 MSRP:$41.00 90 7JQ-00343 SQL Server Enterprise Core 2 Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 20 2,223.24 0.00 44,464.80 MSRP:$2,698.00 100 228-04433 SQL Server Standard NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL MINT IEA ADD 6 145.86 0.00 875.16 MSRP:$177.00 110 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 24 580.12 0.00 13,922.88 MSRP:$704.00 120 6VC-01254 Windows Remote Desktop Services User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 500 21.43 0.00 10,715.00 MSRP:$26.00 130 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL MINT IEA ADD 240 125.25 0.00 30,060.00 MSRP:$152.00 140 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 198 18.12 0.00 3,587.76 MSRP:$22.00 SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) 150 4ZF-00019 VDA per Device NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 100 92.13 0.00 9,213.00 MSRP:$111.80 160 LML-00001 YammerEnt GCC Add On to 0365 M365F1 E5 NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 2,300 0.00 0.00 0.00 MSRP:$0.00 New Select+ 170 R18-00130 Windows Server User CAL only NON-SPEC/SL License and 1 Year SA Non-Specific Microsoft LEVEL LIC&MNT SELECT+ 1,071 16.57 0.00 17,746.47 MSRP:$20.00 Total Excl.Tax 909,825.79 Year 2 180 J5U-00001 Azure Monetary Commitment G Shared Server Commit NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 4 1,224.00 0.00 4,896.00 MSRP:$1,500.00 190 9GS-00135 Core Infrastructure Server Suite DataCenter Core 2 Lic Core NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 100 164.81 0.00 16,481.00 MSRP:$200.00 200 AAD-32906 Enterprise Mobility and Security E3 from SA GCC MVL Per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 2,929 74.16 0.00 217,214.64 MSRP:$90.00 210 3NS-00003 Exchange Online Plan 2 Gov ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 220 73.98 0.00 16,275.60 MSRP:$96.00 220 AAA-11924 Office 365 Gov E3 from SA ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 2,100 184.80 0.00 388,080.00 MSRP:$224.40 230 AAA-11894 Office 365 Gov E3 ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 580 217.44 0.00 126,115.20 MSRP:$264.00 SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) 240 DDJ-00001 Power BI Pro ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 100 93.00 0.00 9,300.00 MSRP:$772.80 250 359-00961 SQL User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 26 33.78 0.00 878.28 MSRP:$41.00 260 7JQ-00343 SQL Server Enterprise Core 2 Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 20 2,223.24 0.00 44,464.80 MSRP:$2,698.00 270 228-04433 SQL Server Standard NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL MINT IEA ADD 6 145.86 0.00 875.16 MSRP:$177.00 280 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 24 580.12 0.00 13,922.88 MSRP:$704.00 290 6VC-01254 Windows Remote Desktop Services User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 500 21.43 0.00 10,715.00 MSRP:$26.00 300 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 240 125.25 0.00 30,060.00 MSRP:$152.00 310 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 198 18.12 0.00 3,587.76 MSRP:$22.00 320 4ZF-00019 VDA per Device NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 100 92.13 0.00 9,213.00 MSRP:$777.80 330 LML-00001 YammerEnt GCC Add On to 0365 M365F1 E5 NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 2,300 0.00 0.00 0.00 MSRP:$0.00 New Select+ SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) 340 R18-00130 Windows Server User CAL only NON-SPEC/SL License and 1 Year SA Non-Specific Microsoft LEVEL LIC&MNT SELECT+ 1,071 16.57 0.00 17,746.47 MSRP:$20.00 Total Excl.Tax 909,825.79 Year 3 350 J5U-00001 Azure Monetary Commitment G Shared Server Commit NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 4 1,224.00 0.00 4,896.00 MSRP:$t,500.00 360 9GS-00135 Core Infrastructure Server Suite DataCenter Core 2 Lic Core NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 100 164.81 0.00 16,481.00 MSRP:$200.00 370 AAD-32906 Enterprise Mobility and Security E3 from SA GCC MVL Per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 2,929 74.16 0.00 217,214.64 MSRP:$90.00 380 3NS-00003 Exchange Online Plan 2 Gov ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 220 73.98 0.00 16,275.60 MSRP:$96.00 390 AAA-11924 Office 365 Gov E3 from SA ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 2,100 184.80 0.00 388,080.00 MSRP:$224.40 400 AAA-11894 Office 365 Gov E3 ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL SUB IEA GOV 580 217.44 0.00 126,115.20 MSRP:$264.00 410 DDJ-00001 Power BI Pro ShrdSvr per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 100 93.00 0.00 9,300.00 MSRP:$772.80 420 359-00961 SQL User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 26 33.78 0.00 878.28 MSRP:$41.00 430 7JQ-00343 SQL Server Enterprise Core 2 Lic NON-SPEC/AL SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 20 2,223.24 0.00 44,464.80 MSRP:$2,698.00 440 228-04433 SQL Server Standard NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL MINT IEA ADD 6 145.86 0.00 875.16 MSRP:$177.00 450 7NQ-00292 SQL Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 24 580.12 0.00 13,922.88 MSRP:$704.00 460 6VC-01254 Windows Remote Desktop Services User CAL only NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 500 21.43 0.00 10,715.00 MSRP:$26.00 470 9EA-00278 Windows Server DataCenter Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL MINT IEA ADD 240 125.25 0.00 30,060.00 MSRP:$152.00 480 9EM-00270 Windows Server Standard Core 2 Lic Core Lic NON-SPEC/AL Government 1 Year SA Add Prod Non-Specific Microsoft LEVEL D MINT IEA ADD G 198 18.12 0.00 3,587.76 MSRP:$22.00 490 4ZF-00019 VDA per Device NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 100 92.13 0.00 9,213.00 MSRP:$111.80 500 LML-00001 YammerEnt GCC Add On to 0365 M365F1 E5 NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 2,300 0.00 0.00 0.00 MSRP:$0.00 New Select+ 510 R18-00130 Windows Server User CAL only NON-SPEC/SL License and 1 Year SA Non-Specific Microsoft LEVEL D LIC&MNT SELECT+ 1.071 16.57 0.00 17,746.47 MSRP:$20.00 Total Excl.Tax 909,825.79 Total USD excl.Tax 2,729,477.37 Tax 0.00 Total USD incl.Tax 2,729,477.37 Thank you for your request for quote. This offer is non-binding. SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com DocuSign Envelope ID:58ABE7DA-71 D8-4672-A93C-E11 FC3EF2F22 ONE Quote US-QUO-852611 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic.Model Lic.Metrics Qty. Unit Price Sales Tax (USD) If Customer is required by law to withhold any tax from any amount payable,the amount payable will be increased so that after making all required withholdings, SoftwareONE receives an amount equal to the amount it would have received had no such withholdings been made. Payment Terms 30 Days net Shipping Method Electronic Software Delivery Quote valid until 09/30/20 Prices are based on 30 Days net,FOB SoftwareONE.Shipping and Handling and applicable Sales Tax are additional.All products are non-returnable unless otherwise provided for by the Manufacturers Reseller Return Policy. This Quote,and any attachment is intended only for the person or entity to which it is addressed. SoftwareONE,Inc. Suite 1 Phone:800-444-9890 www.softwareone.com 20875 Crossroads Circle Waukesha,WI 53186 Fax:262-317-5554 sales@softwareone.com so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Internship CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $100,000 for their internship program to assist small businesses. PURPOSE: This agenda item provides a grant from the Type A fund to the Del Mar College Internship program to assist small businesses. The Type A Grant for Del Mar College's Internship Program runs from January 1, 2021 through December 31, 2021 BACKGROUND AND FINDINGS: Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. With the pandemic, more students will be going to colleges and universities. Small businesses will be working hard to establish their clients again. They will not have money for extra help. By using their program, small business owners can pay minimum wage and get a solid intern working in their major area of study. There are many things that interns can do for small businesses such as: • social media posts for the business's marketing plan • write copy for marketing, product descriptions for online listings • capture and collect analytics for marketing and websites. • put information into more digestible formats for business owners, using databases or other technology tools. • data entry for bookkeeping or record keeping • photograph, capture and log products for online use. Load them to online stores. • capture customer information and maintain customer relations management systems. • customer follow up and communication. The agreement can be renewed for one additional term. List of companies using interns: Safety Support Services Salon Chromatic Anthony's Salon Salon Salon Brookdale Assisted QSR Online Scrub Hub Checks and Balances Color Bar Salon R&J Contractors Ooh La La Candy Buffets Fillingood Bakery Francisco's Salon GIS SBDC CED GN Insurance Planet Sol Salon Hair Peace Salon Mr. Fancy Pants Carwash Orthopedic Physical Therapy Gemini Ambulance Service Q Productions Senior Memorial Plans Sports Clips Interns # of F/T Jobs P/T Jobs Year Placed Employers Created Created Funds 2014-2015 87 30 15 15 $ 109,575 2015-2016 88 30 7 8 48,634 2016-2017 75 22 0 0 89,989 2018 92 31 6 7 117,585 2019 85 23 11 5 93,649 2020 YTD 30 21 TBD TBD 32,137 2008-2019 457 157 39 35 $ 491,569 ALTERNATIVES: The Council may choose to not fund this grant or to fund it at a lower amount. FISCAL IMPACT: This item will use $100,000 of the $903,500 budgeted for the Type A small business assistance program funds Funding Detail: Fund: 1140 Organization/Activity: 15020 Mission Element: Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of an agreement for Del Mar College Internship program for $100,000 from January 1, 2021 through December 31, 2021. LIST OF SUPPORTING DOCUMENTS: Agreement — DMC Internship SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher education ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), 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 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 business enterprises at the rate of one-eighth of one percent to be imposed 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and Del Mar will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 of 9 WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for twelve months from January 1, 2021, through December 31, 2021. b. This Agreement may be extended at the option of the Corporation for up to one additional one-year term, contingent upon annual appropriation of funds and approval of the Board. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to $100,000.00, which must be used to fund up to $5.00 per hour the salary of up to a total of the interns during the Spring Semester of 2021, Summer Session in 2021, and the Fall Semester 2021, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. Del Mar shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small Page 2 of 9 business with resources that make the business more effective and provide growth opportunities for the businesses. (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $5.00 per hour. e. Del Marshall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. Del Mar shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, Del Mar agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. Del Mar agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 3 of 9 6. Reports and Monitoring. a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company V. whether the intern received a job in the area. b. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, 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. Del Mar has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. Page 4 of 9 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non-Discrimination. Del Mar covenants and agrees that Del Mar 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 Facility, 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. 10. Force Majeure. If the Corporation or Del Mar 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 Corporation or Del Mar 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. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective 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 Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar 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 cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 of 9 e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default by Del Mar. 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 Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar may be held liable for any consequential damages. 16. 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. 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 Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any Page 6 of 9 act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. 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. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: President and CEO 101 Baldwin Blvd. Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. Page 7 of 9 21. 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. 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar 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. 23. 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. 24. 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. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 9 APPROVED AS TO FORM: day of , 2020. Assistant City Attorney For City Attorney Corpus Christi Business& Job Development Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College ,cQ,cQ By: Or. Mark Escamilla, Ph.D President and CEO Date: gl 1 r7I�,()�-& THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2020, by Dr. Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 9of9 Corpus Christi k16',',JAL -C i'hl[1 PA 1 n:.y.:_LOP'::i[NT COi P,.;R^T -!% Del Mar Intern - Grant $150,000 DEL MAR M C COLLEGE Intern gets $7.50/hr from company and $5.00/hr from grant Dreams.Delivered. Recommend approval of$100,000 Year Interns Companies F/T Jobs P/T Jobs Grant Used 2016 93 39 24 20 $138,085 2017 93 20 26 0 89,832 2018 54 23 14 0 83,599 2019 44 31 17 0 58,735 2020 ytd 93 34 14 6 19,222 Total 377 147 95 26 $389,473 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Texas A&M University— Corpus Christi Internship Program CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi to provide grant up to $150,000.00 for their internship program to assist small businesses. SUMMARY: Provide a grant from the Type A fund to the Texas A&M University — Corpus Christi internship program to assist small businesses. The Type A Grant for Texas A&M University — Corpus Christi's Internship program runs from January 1, 2021 through December 31, 2021 BACKGROUND AND FINDINGS: Texas A&M University — Corpus Christi has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. With the pandemic, more students will be going to colleges and universities. Small businesses will be working hard to establish their clients again. They will not have money for extra help. By using their program, small business owners can pay minimum wage and get a solid intern working in their major area of study. The agreement can be renewed for one additional term. Below is a list of the employers. Adamson & Company Gulfway Merchants Assoc. Bangle & Babe HMB Enterprises The Childrens Center of Corpus Christi Innovaum LLC Corpus Christi Downtown Management District Ironwood Finance Corpus Christi Stamp Works Kleberg Bank Ed Cantu Insurance Mestena Ensemble Group Milestones Gowland, Strealy, Morales Mr. Fancy Pants Carwash QSROnline Palacios & Palacios Smart World Innovative Marketers 13 & Market Santos McBain Management & Planning Your Personal Best Training Studio MDR Advertising Scoop Shack Mestena Waddell & Reed The Kid Doc CC Wild Veggie Bouquet Interns # of F/T Jobs P/T Jobs Year Placed Employers Created Created Funds 2014-2015 93 29 23 24 $ 134,541 2015-2016 93 39 24 20 138,085 2016-2017 93 20 26 0 89,832 2018 42 28 14 0 83,599 2019 47 31 17 0 58,735 2020 YTD 32 22 TBD TBD 19,222 Totals 400 169 104 44 $ 524,013 ALTERNATIVES: If Council does not fund the program or fund it at a lesser amount, this program will be cut back or may be discontinued without this grant. FISCAL IMPACT: This Type A grant has been approved by the Type A Board and is in their 2020-2021 budget. This will use economic development funds of$150,000 of the small business budget of $903,500. FUNDING DETAIL: Fund: 1140 Business and Job Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: 707 Economic Development Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the Small Business Incentive agreement with Texas A&M University— Corpus Christi for internship program in the amount of$150,000 from January 1, 2021 through December 31, 2021. LIST OF SUPPORTING DOCUMENTS: Agreement TAMU-CC Intern SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A&M UNIVERSITY— CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A&M University — Corpus Christi, a Texas institution of higher education ("TAMU-CC"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), 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 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 business enterprises at the rate of one-eighth of one percent to be imposed 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and TAMU-CC will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 of 9 WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for fifteen months from January 1, 2021, through December 31, 2021. b. This Agreement may be extended at the option of the Corporation for up to one additional one year term, contingent upon annual appropriation of funds and approval of the Board. 3. Grant. a. The Corporation will grant TAMU-CC an incentive of up to $150,000.00, which must be used to fund up to$5.00 per hour the salary of up to a total of the interns during the Spring Semester of 2021, Summer Session in 2021, and the Fall Semester 2021, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in TAMU-CC's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon TAMU-CC's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU-CC to the small business employers during the prior month. 4. TAMU-CC's Duties and Responsibilities. a. TAMU-CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU-CC's Business Employer Intern Program. b. TAMU-CC shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. TAMU-CC shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the TAMU-CC's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small Page 2 of 9 business with resources that make the business more effective and provide growth opportunities for the businesses. (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. TAMU-CC shall ensure that the business employer of each intern pays the student intern the minimum wage, and TAMU-CC shall match the small business employer's payments to the interns up to $5.00 per hour. e. TAMU-CC shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. TAMU-CC shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, TAMU-CC agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. TAMU-CC agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. TAMU-CC agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. TAMU-CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 3 of 9 6. Reports and Monitoring. a. TAMU-CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company V. whether the intern received a job in the area. b. TAMU-CC, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to TAMU-CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU-CC warrants and represents to Corporation the following: a. TAMU-CC is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, 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. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a violation under 8 U.S.C. Section 1324a(f), TAMU-CC shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date TAMU-CC has been notified of the violation. Page 4 of 9 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC 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 Facility, 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. 10. Force Majeure. If the Corporation or TAMU-CC 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 Corporation or TAMU-CC 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. 11. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law TAMU-CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective 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 TAMU-CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU-CC 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 cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 of 9 e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU- CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. 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 TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. TAMU-CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 16. 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. 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 TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. TAMU-CC specifically agrees that Corporation shall only be liable to TAMU-CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be liable to TAMU-CC Page 6 of 9 for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. 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. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A&M University— Corpus Christi Attn: Director of Contracts & Property 6300 Ocean Drive, Unit 5731 Corpus Christi, Texas 78412 Email: contracts@TAMU-CC.edu Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. Page 7 of 9 21. 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. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC 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. 23. 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. 24. 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. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 9 APPROVED AS TO FORM: day of 12020. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Texas A&M University— Corpus Christi By: Dr. Kelly M. Miller, Ph.D President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2020, by Dr. Kelly M. Miller, Ph.D, for Texas A&M University— Corpus Christi, a political subdivision of the State of Texas, on behalf of the university. Notary Public State of Texas Page 9 of 9 Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Texas A&M University—Corpus Christi InternTEXAS``� Intern gets $7.50/hr from company and $5.00/hr from grant 41 UNIVE SrrY UMVERSfTY Recommend approval of$150,000 ,� CORPUS CHRISTI ��. Interns Year - # of Employers F/T Jobs Created P/T Jobs laced Created 2016 88 30 7 8 $ 48,634 2017 75 22 0 0 89,990 2018 92 31 6 7 117,585 2019 85 23 11 5 93,650 2020 YTD 30 21 TBD TBD 32,451 Totals 1020 321 114 81 $ 382,309 so �o o� � v µCORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Del Mar College Contract Resource Center Program CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities. SUMMARY: The Type A Board has approved a grant of $150,000 for Del Mar College Contract Resource Center to pay for staff and support to help small businesses qualify for and to bid on procurement contracts with large companies, especially those new to our area. The Type A Grant for Del Mar College's Contract Resource Center runs from January 1, 2021 through December 31, 2021 BACKGROUND AND FINDINGS: Del Mar College proposes to create/staff/support a specific technical assistance program with a Contractor Support focus. This Contractor Resource Center (CRC) will be housed with the Small Business Development Center (SBDC) and Procurement Technical Assistance Center (PTAC). All three programs will work in concert to address the specific needs of each client who seeks assistance from the center. The lead advisor for this program will have extensive experience with large industry qualification standards, processes and requirements. Services will be delivered primarily via one-on-one advising as so many of these topics and issues are going to be unique to each business and confidentiality will be paramount. The goal of this effort will be to prepare as many as possible of the local contractors to be viable business vendors for existing and upcoming large-industry opportunities. Nueces County has over 2,200 construction/manufacturing/oilfield service/transportation firms. A good portion of the firms are not currently organized to be qualified to do business with large firms. There is a lot of potential to develop a strong, qualified base of support vendors. Many firms already have most of the pieces they need; they just need assistance with organizing, presenting and marketing themselves to be competitive. In addition to one-on-one advising, the Center will also organize and conduct training workshops on the more general topics to address the need for this information on a broader scale. The primary goal of the CRC will be to prepare existing local small companies to be qualified to meet the procurement needs of industry. The CRC has helped 68 companies and held 16 training events. The pandemic has slowed the response this year. This is a great program to help small businesses find new customers. There are nine industrial partners signed up with CRC. The Type A Board approved the renewal on August 17, 2020. ALTERNATIVES: The Board could decide not to continue the program or to move funds to another program. FISCAL IMPACT: This Type A will grant has been approved by the Type A Board for$150,000 out of Type A funds. FUNDING DETAIL: Fund: 1140 Business and Job Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: 707 Economic Development Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of an agreement for the Del Mar College CRC program for $150,000 from January 1, 2021 through December 31, 2021. LIST OF SUPPORTING DOCUMENTS: Agreement — Del Mar CRC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S CONTRACTOR RESOURCE CENTER This Small Business Incentives Agreement("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — I`I 507), Texas Local Government Code, empowered local communities with the ability to adopt an f optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; i WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed j 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 1/8th 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create a Contractor Resource Center within the City to assist Companies looking for contracts with existing and potential future large industrial companies in our area; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later.2. Term. a. The term of this Agreement is for one year from January 1, 2021, through December 31, 2021. Page 1 of 7 FINAL Del Mar CRC Contract 2020-21 b. This Agreement may be extended at the option of the Corporation for up to one additional one-year term, contingent upon annual appropriation of funds. 3. Performance Requirements and Grants. Del Mar shall operate the Contractor Resource Center,which will provide job training by educating small businesses on the requirements of large company procurement, helping them get certified to qualify to bid on contracts, and providing C, them with information on where to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the Contractor Resource Center and shall provide the I office space and any other materials needed to operate the Contractor Resource Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The Corporation will pay to Del Mar, as a grant, an amount not to exceed $150,000 for the operation of the Contractor Resource Center. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states I that they are recipients of Type A funding. This signage will be provided to Del Mar by the Corporation and will be displayed in a location that is visible to a visitor to their Center for r Economic Development on Staples Street. G 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, i the job should provide a "living wage" for the employee. The target 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. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and 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. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2of7 FINAL Del Mar CRC Contract 2020-21 h e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar 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 Del Mar has been notified of the violation. i 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey i all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar 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 Facility, 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. 1f the Corporation or Del Mar is 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 Corporation or Del Mar 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. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of Page 3 of 7 FINAL Del Mar CRC Contract 2020-21 7 the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any f default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. 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. 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 Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total Page 4 of 7 FINAL Del Mar CRC Contract 2020-21 is sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year,then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all s necessary supporting documentation. 16. 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 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Executive Vice President and Chief Operating Officer 101 Baldwin Blvd j Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 5 of 7 FINAL Del Mar CRC Contract 2020-21 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 Corporation and Del Mar 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 anyway 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. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. 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.a and b shall survive the termination of this Agreement. Page 6 of 7 FINAL Del Mar CRC Contract 2020-21 APPROVED AS TO FORM: day of , 2018. Assistant City Attorney For City Attorney i Corpus Christi Business &Job Development Corporation �. i By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: d�S!vt tSl,a. Lenora Keas Executive Vice President and Chief Operating Officer Date: '7 3-0 THE STATE OF TEXAS § COUNTY OF NUECES § n This instrument was acknowledged before me on J289'8, by Lenora Keas, Executive Vice-President and Chief Operating O cer, D I Mar College, a political subdivision of the State of Texas, on behalf of the college district. rNo ry Public,----, :�`PRYPUe`� ANN FIEROUA Notary 8020 State of Texas p '`�* My 11/07/2021 Page 7 of 7 FINAL Del Mar CRC Contract 2020-21 Corpus Christi REGIONAL ECGNOMI(' DEVELOPMENT CORPORATION Del Mar College CRC Contract Resource Center • Help small businesses qualify for, bid, and perform on procurement contracts with large private companies in the area • This was approved in March of 2019 so not a lot of data • They have helped 68 companies • They have 9 large businesses signed up as vendors • Held 16 training events • They have moved to virtual events • Grant: $150,000 DEL M A R • Recommend $150,000 r)n( COLLEGE Dreams. Delivered. so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Del Mar College Procurement Technical Assistance Center (PTAC) CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College's Procurement Technical Assistance Center (PTAC) to provide grant up to $99,500 to assist small businesses bid for government contracts. PURPOSE: This agenda item provides a grant from the Type A Fund to Del Mar College's Procurement Technical Assistance Center (PTAC) to assist small businesses in bidding for government contracts. The Type A Grant for Del Mar College's Procurement Technical Assistance Center runs from January 1, 2021 through December 31, 2021 BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC counsels small businesses in government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify for bidding on contracts, and gives them access to find these contracts. Del Mar College PTAC is one of the few PTAC centers in the country operating a full-service Plan Room. PTAC is asking for $99,500 to retain a full-time person to help in the PTAC plan room. The Type A Board has funded PTAC since 2012. Since then, PTAC has assisted more than 1,557 companies. These businesses have been awarded in excess of $131 million in contracts and PTAC has held more than 379 training events. In 2019, PTAC assisted 199 Corpus Christi businesses by providing 1,426 hours of advising. Twenty-nine clients were awarded a total of $36,467,682 in contracts. PTAC hosted 42 training events that had 1,020 attendees. For 2020, PTAC clients have been awarded $20.1 million in contracts. They have held 28 training events with 288 attendees. The agreement can be renewed for one additional term. The Type A Board approved this grant during their July 20, 2020 meeting. ALTERNATIVES: The Council may choose to not fund this grant or to fund it at a lower amount. FINANCIAL IMPACT: This item will use $99,500 of the $903,500 budgeted for the Type A small business assistance program funds Funding Detail: Fund: 1140 Organization/Activity: 15020 Mission Element: Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of this grant for PTAC for $99,500 from January 1, 2021 through December 31, 2021. LIST OF SUPPORTING DOCUMENTS: Agreement — DMC - PTAC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation")and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 —507), Texas Local Government Code, 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 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 business enterprises at the rate of one-eighth of one percent to be imposed 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every$50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later.2. Term. a. The term of this Agreement is for one year from January 1, 2021, through December 31, 2021. Page 1 of 7 i b. This Agreement may be extended at the option of the Corporation for up to one additional one-year term, contingent upon annual appropriation of funds and approval of the Board. 4 3. Performance Requirements and Grants. Del Mar shall educate small businesses on the ' requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the Procurement Technical Assistance Center and shall provide the office space and any other materials needed to operate the Procurement Technical Assistance Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The grant shall not to exceed $99,500.00. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage j will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target 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. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and 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. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in 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 Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. Page 2 of 7 [i f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar 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 Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city i governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the k provision of services at, on, or in the Facility, 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 Corporation or Del Mar is 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 Corporation or Del Mar 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. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. Page 3 of 7 r 13. Results of Uncured Default by Del Mar. 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 Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. 1 b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. i 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. 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 Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's Page 4of7 customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. 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. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Executive Vice President 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 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. Page 5of7 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar 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, 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement, This Agreement constitutes the sole Agreement between Corporation and Del Mar. 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.a and b shall survive the termination of this Agreement. Page 6 of 7 APPROVED AS TO FORM: day of 2020. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Lenora Keas Executive Vice President Date: _2 -- I - -)-Q-,0 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2020, by Lenora Keas, Vice-President, Del Mar College, a political sLWdivisi& of the State of Texas, on behalf of the colle district. ANN FIEROVA Notary 10#:802004-5 My Commission Expires Nb'tary Public 11/07/2021 State of Texas ----W4 Page 7 of 7 Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Del Mar College PTAC fi • Grant $99,500 • Government procurement training and certification Del Mar College • Recommend $99,500 M=1 Trainin ea Contracts` ramm Events 2016 162 782 10.9 M 35 1,430 $37,500 2017 160 915 33.0 M 39 1,133 46,323 2018 152 1,115 30.1 M 48 1,168 48,490 2019 200 1,432 36.4 M 55 1,091 58,682 2020 YTD TBD TBD 20.1 M 28 288 48,416 Totals 374 4,244 130.5 M 205 5,110 $239,411 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 1852 Action Item for the City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Liffund CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund to provide grant up to $150,000 for their loan buy-down program to assist small businesses PURPOSE: This agenda item will provide a grant from the Type A fund to the LiftFund Loan Buy Down program to assist small businesses. The Type A grant for LiftFund runs from January 1, 2021 through December 31, 2021. BACKGROUND AND FINDINGS: LiftFund, Inc. supports small and start-up companies with a loan interest buy-down program when traditional financing is not available. Type A has provided funding since 2004. LiftFund has loaned $9,587,804 of their own funds and has assisted over 592 small businesses in the city since the inception of this program. Since 2015, small businesses helped by LiftFund have retained 288 jobs and created 224 new jobs. In 2018, LiftFund made loans to 18 different businesses. These businesses have created 18 new jobs and retained 60 jobs. LiftFund uses this incentive on all loans made within the city limits. Without this incentive, the number of loans helping small businesses would be greatly reduced. The agreement can be renewed for one additional term. The Type A Board approved this grant during their August 17, 2020 meeting. This is LiftFund's performance over the last four years. Year Grant Loans Clients Retained Created 2016 $ 248,739 $ 948,123 55 79 147 2017 158,827 507,663 35 107 37 2018 110,047 384,016 26 71 20 2019 123,679 406,356 21 58 41 Total $ 672,266 $ 2,365,183 143 334 251 ALTERNATIVES: The City Council may choose to not fund this grant or to fund it at a lower amount. FINANCIAL IMPACT: This item will use $150,000 of the $903,500 budgeted for the Type A small business assistance program funds Funding Detail: Fund: 1140 Organization/Activity: 15020 Mission Element: Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of an agreement for LiftFund for$150,000. LIST OF SUPPORTING DOCUMENTS: Agreement — LiftFund, Inc. SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LIFTFUND INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and LiftFund Inc., a Texas nonprofit corporation ("LiftFund"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504,002 et seq, ("the Act"), 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 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 business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, LiftFund is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, LiftFund anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of$25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full-time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi,Texas that business development funds be provided to LiftFund,through this contract with LiftFund, to be used by LiftFund to buy down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and LiftFund agree as follows: Page 1 of 10 Agreement LiftFund 2020-21.doex 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2020, through September 30, 2021. This Agreement may be extended at the option of the Corporation for one additional one-year term, contingent upon annual appropriation of funds and approval of the Board. Per the guidelines, LiftFund must reapply every year for the grant. 3. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $150,000 for the Interest Buy-Down Program as follows: i. LiftFund must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ('Business") H.The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. LiftFund shall review the request for a loan from the Business. iv. Upon LiftFund approval of a loan, and prior to the closing of the loan, LiftFund shall submit Attachment"A"to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5% or 0% interest for loans related to recovery from damage caused by a hurricane. The Corporation authorizes an interest buy down up to 7% (or 12.5%for hurricane recovery loans) of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%) 112 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%)112 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to LiftFund for business loan. v.The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to LiftFund within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are$150,000. Page 2 of 10 Agreement LiftFund 2020-21 docx b. The loans assisted with the program must be within the range of$5,000 to $75,000. c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the buy down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. LiftFund may use up to $150,000 to assist start-up and existing small businesses that have little or no access to traditional credit. g. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B"to identify the loans made, name and address of the business receiving the loan,jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. LiftFund shall provide funds for operations and loan capital to implement and sustain the program. i. LiftFund shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. Page 3 of 10 Agreement UftFund 2020-21.doex 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. c. LiftFund agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. LiftFund agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. LifiFund shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 5. Buy Local Provision. a. LiftFund agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor,except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 6. Local Offices. Two staff persons of LiftFund offices shall be located in Corporation designated offices or a mutually agreeable location. 7. Representation on LiftFund governing board. LiftFund agrees to appoint a person designated by the Corporation as a member of LiftFund governing board. 8. Warranties. LiftFund warrants and represents to Corporation the following: a. LiftFund is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. LiftFund has the authority to enter into and perform, and will perform, the terms of this Agreement. c. LiftFund has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, 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. Page 4 of 10 Agreement LiftFund 2020-21 docx d. LiftFund has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, LiftFund agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of LiftFund are duly authorized to execute this Agreement on behalf of LiftFund. g. LiftFund does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, LiftFund is convicted of a violation under 8 U.S.C. Section 1324a(f), LiftFund shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date LiftFund has been notified of the violation. 9. Compliance with Laws. LiftFund shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non-Discrimination. LiftFund covenants and agrees that LiftFund 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 Facility, 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. 11. Force Majeure. If the Corporation or LiftFund is 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 Corporation or LiftFund 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. 12. Assignment. LiftFund may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 93. Indemnity. LiftFund covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective 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 claimed to arise out of or be in any manner connected with LiftFund activities conducted under or incidental to this Agreement LiftFund 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, which choice of counsel shall not be unreasonably denied, and pay aft charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 5 of 10 Agreement UftFFund 2024.21 dope 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of LiftFund to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of LiftFund contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against LiftFund or any attachment or other levy against the property of LiftFund with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. LiftFund makes an assignment for the benefit of creditors. e. LiftFund files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by LiftFund become delinquent, and LiftFund fails to timely and properly follow the legal procedures for protest or contest. g. LiftFund changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 15. Notice of Default. Should the Corporation or City determine that LiftFund is in default according to the terms of this Agreement,the Corporation or City shall notify LiftFund in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for LiftFund to cure the event of default. 16. Results of Uncured Default. 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 LiftFund, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. LiftFund shall immediately repay all funds paid by Corporation under this Agreement. b. LiftFund shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to LiftFund under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. 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. Page 6 of 10 Agreement Liffund 2020-21.docx 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 LiftFund' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time LiftFund is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. LiftFund specifically agrees that Corporation shall only be liable to LiftFund for the actual amount of the money grants to be conveyed to LiftFund, and shall not be liable to LiftFund for any actual or consequential damages,direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being October 1, 2020, through September 30, 2021. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from LiftFund to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: LiftFund: LiftFund Inc. Attn.: Janie Barrera 2007 West Martin Street San Antonio, Texas 78207 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: Page 7 of 10 Agreement UftFund 2020.21.docx City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. 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. 22. Relationship of Parties. In performing this Agreement, both the Corporation and LiftFund 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. 23. 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. 24. 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. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and LiftFund. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Page 8 of 10 Agreement LiftFund 2020.21.doct 27. Survival of terms of agreement and obligations of parties The terms of this agreement and the obligation of the parties relating to the Interest Buy Down Program shall survive the termination of this agreement. [The remainder of the page intentionally left blank] Page 9 of 10 Agreement UltFund 2024-21 docx APPROVED AS TO FORM: day of , 2020. Assistant City Attorney For City Attorney Corpus Christi Business &Job Development Corporation By; Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary LiftFund Inc. By: Janie,Barrera President nd Chief ff7Executive Officer Date: THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on J ultf 2020, by Janie Barrera, President and Chief Executive Officer for Liffund Iric., a Texas non-profit corporation, on behalf of the corporation. a , PHILIPS 5C1iNORBACH Notary Public =;''•�' ``'�;:Notary Public,State of Taxes State of Texas =ra: f M Comm.Expires 0&13.2021 '�:'ofo� ��,,,,,titi,. Notary 10 131170103 Page 10 of 10 Agreement LiftFund 2020-21 docx Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION Liftfund - used for interest rate bought down Li(tF1,nd Launching Entrepreneurs for Over 20 Years Grant$150,000 DREAM IT. FUND IT. Recommend approval of$150,000 Am Year ' oansWmmmm 2016 $948,123 55 79 147 $248,739 2017 507,663 35 107 37 158,827 2018 384,016 26 71 20 110,047 2019 406,356 21 58 41 123,679 2020 ytd 119,025 6 19 6 30,974 Total $2,365,183 143 334 251 $672,266 �vs cr �o v NogPORA,4o AGENDA MEMORANDUM 1852 City Council Meeting of September 8, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 CAPTION: Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant of up to $54,000 in FY 2021 to assist small businesses. PURPOSE: Provide a grant from the Type A fund to SCORE to provide workshops or various topics that help small businesses grow and thrive. The Type A Grant for SCORE runs from January 1, 2021 through December 31, 2021 BACKGROUND AND FINDINGS: The ballot language that passed the Type A sales tax stated that "these funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs in the future. SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. This grant funds the marketing coordinator position, marketing for these workshops, and the "lunch and learns" that SCORE uses to inform small businesses on such topics as: how to qualify for and get government procurement contracts, getting started with email marketing, and tax issues for small businesses. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops. They have averaged 2,000 workshop attendees each year for the past three years. During the current pandemic, SCORE has continued providing workshops for small businesses to get them ready to reopen. SCORE has received funding since 2008. The Board approved the Small Business Assistance budget in June that included this program. This agreement would allow the Board to extend this agreement for one additional year. ALTERNATIVES: If Council does not fund the program or fund it at a lesser amount, this program will be cut back or may be discontinued without this grant. FISCAL IMAPCTS: This Type A will grant has been approved by the Type A Board and is in their 2020-2021 budget. This will use economic development funds of$54,000 of the small business budget of $903,500. FUNDING DETAIL: Fund: 1140 Business and Job Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: 707 Economic Development Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of an agreement for SCORE for $54,000 from October 1, 2020 through September 30, 2021. LIST OF SUPPORTING DOCUMENTS: Agreement —SCORE SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES CHAPTER 221 FOR JOB TRAINING This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221, a Washington D.C. nonprofit corporation ("SCORE"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), 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 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 business enterprises at the rate of one-eighth of one percent to be imposed 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; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS,the Board of Directors of the Corporation ("Board"), on February 19, 2018, amended the Corporation's Guidelines and Criteria for Granting Business Incentives("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro-forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. In consideration of the covenants, promises,and conditions stated in this Agreement,Corporation and SCORE agree as follows: Page 1 of 8 SCORE Agreement 2020-21 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2020, through September 30, 2021. This Agreement may be extended at the option of the Corporation for one additional one-year term, contingent upon annual appropriation of funds and approval of the Board. Per the guidelines, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed below: • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed $54,000. • SCORE will provide 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall provide quarterly reports on its performance requirements.The reports must document: o Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. o , Number of workshops with description of workshop and number of attendees. o Number of small business owners or prospective owners who were provided counseling by email or on-line services. • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the Corpus Christi Regional Economic Development Corporation ("CCREDC"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and CCREDC, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. this Agreement. 4. Utilization of Local Contractors and Suppliers. SCORE agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the. Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business,with a goal of 50%of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors,and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and forfour years after Completion,to maintain written records documenting the efforts of SCORE to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE). SCORE agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business Page 2 of 8 SCORE Agreement 2020-21 enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. SCORE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager' or designee, shall be a default hereunder. For the purposes of this section,the term "local"as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target 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. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. SCORE warrants and represents to Corporation the following: a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, 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. SCORE has received a copy of the Act, and acknowledges that the funds granted in 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 SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does,not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under 8 U.S.C. Section 1324a(f), SCORE 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 SCORE has been notified of the violation. Page 3 of 8 SCORE Agreement 2020-21 9. Compliance with Laws. During the Term of this Agreement, SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non-Discrimination. SCORE covenants and agrees that SCORE 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 Facility, 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. 11. Force Majeure. If the Corporation or SCORE is 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 Corporation or SCORE 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. 12. Assignment SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval.is void and constitutes a breach of this Agreement. 13. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation., the City, their respective 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 SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE 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 cost and expenses of any kind arising from the liability., damage,, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a.The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; Page 4 of 8 SCORE Agreement 2020-21 b.Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt, e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15.Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice("Cure Period)))for SCORE to cure the event of default. 16. Results of Uncured Default by SCORE. 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 SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. 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. 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 SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during Page 5 of 8 SCORE Agreement 2020-21 the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 19. 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. 20. Notices. a.Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE 221 Chapter Chair 2820 South Padre Island Drive Suite 108 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi .Attn.: City Manager 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. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 22. 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. Page 6 of 8 SCORE Agreement 2020-21 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE 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, 24. 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. 25. 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. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 7 of 8 SCORE Agreement 2020-21 r APPROVED AS TO FORM: day of , 2020. Assistant City Attorney For City Attorney Corpus Christi Business &Job Development Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Service Corps of Retired Executives Chapter 221, By: De bie Fernandez Preside nt Date: L._2 0 -r THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , , 2020, by Debbie Fernandez, President for Service Corps of Retired Executives Chapter 221„ a Washington D.C. non-profit corporation, on behalf of the corporation. a ,,alu,q ........r.... ,.�►nr pao KENDRA ATWOOD Not ry Public Notary Public,State of Texas Stat of Texas re, Comm,Expires 07-19-2024 QFC` Notary ID 12494375-7 Page 8 of 8 SCORE Agreement 2020-21 Corpus Christi REGIONAL ECGNOMIC DEVELOPMENT CORPORATION SCORE - Grant $54,000 SCORE Small business marketing training " FOR THE LIFE OF YOUR BUSINESS Recommend approval of$54,000 YNE MEN 2016 3,688 122 1,826 30 1,978 112 $44,955 2017 2,944 150 2,137 24 2,311 109 52,600 2018 3,839 164 2,462 27 2,653 123 52,361 2019 3,569 199 2,282 14 2,495 85 54,000 2020 ytd 2,727 117 1,513 14 1,644 48 45,699 Total 16,767 752 10,220 109 11,081 477 $249,256 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/08/20 1852 Second Reading Ordinance for the City Council Meeting 09/15/20 DATE: July 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2713 Segrest Street CAPTION: Zoning Case No. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN-1" Neighborhood Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of an office building. BACKGROUND AND FINDINGS: The subject property is 0.47 acres in size. The proposed use is the construction of a 4,922 square foot office building. The subject property is currently zoned "IL" Light Industrial District and consists of vacant (former single-family) properties. The property was annexed in 1938. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN-1" Neighborhood Commercial is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The proposed office building will serve as a buffer between the high traffic volumes of South Port Avenue and the existing single- family residential homes. Professional offices are allowed by-right in the "IL" Light Industrial District. However, the setback and buffer yard requirement due to the adjacency of single-family residences/zoning is significant. Currently, due to the "IL" District the setback is 40-feet with a Type D Buffer Yard: 20-feet and 20-points. The rezoning to the"CN-1" Neighborhood Commercial District will reduce the setback and buffer yard requirement to 10-feet and as a redevelopment project a Type A Buffer Yard: 5-points. Public Input Process Number of Notices Mailed 16 within 200-foot notification area 5 outside notification area As of July 17, 2020: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 2.84% 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 "CN-1" Neighborhood Commercial District on July 22, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "IL" Light Industrial District to the "CN-1" Neighborhood 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 "IL" Light Industrial District to the "CN-1" Neighborhood 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. 0720-03, Ruben Bonilla, Jr. (District 1). Ordinance rezoning property at or near 2713 Segrest Street from the "IL" Light Industrial District to the "CN-1" Neighborhood 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 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 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 11, 12, and 13, Block 2, Roosevelt Place as shown in Exhibit "A". from the "IL" Light Industrial District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 2713 Segrest Street. 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. 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 2 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 3 of 4 Exhibit A MORGAN AVE EHFQ or CN-1 CG-2 CG-2 a 0 a RM-1 !L SUBJECT L PROPERTY s�GRFsr sr REYNA ST RS-6 �O W� RM-3 CG-2 QR ANN QST Qat.Created:7/62020 0 250 5U0 Repaed Ry R YR 1 OGaartnent of Qerefopmenf Senrteea CASE: 0720-03 , SUBJECT PROPERTY WITH ZONING v '' SUBJECT ® Roperty 'PRaPERTY awe RM-1 Multitamilyl IL H-v,dustrial RM-2 Multifamily) IH Heavy adustral RM-1 Multifamily3 PUL) Planned Unit Uev.Overlay ON Professional Offce R910Single-Family 10 RMAT Multlfamily AT qg6 Single Fam ilg6 CN-1 Neighlo-hnod Cunmercal 85.4.5 Single Family4.5 4` ovpua ChraO gar CN-1 NeighborhoadCunmercal RS.TF T..Eam ily CR-1 Resort Commercial RS15 Single.Fam ily15 qq, CR-2 Resort Commercial RE Rest dental Estate P CG-1 GeneralCommercel RS-TH Townhouse C Gen ICommeeml SP Special Penn it CI "i Com m ercal RV Recreational V✓lhide Park C6Q Qowntown Commercial RMH Manufactured Home CR3 Resort Commercial FR Farm Rural u Cir.. H Hstoric Overlay ay, BP Business Park LOCATION MAP �,. Chnsti Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0720-03 INFOR No. 20ZN1016 Planning Commission Hearin Date: July 22, 2020 Owner: Ruben Bonilla, Jr. r Applicant: Ruben Bonilla, Jr. . Location Address: 2713 Segrest Street a Legal Description: Lots 11 , 12, and 13, Block 2, Roosevelt Place, located along Q °� the south side of Segrest Street, east of South Port Avenue, and north of Baldwin Boulevard. From: "IL" Light Industrial District To: "CN-1" Neighborhood Commercial District io Area: 0.47 acres Purpose of Request: To allow for the construction of an office building. Existing Zoning District Existing Future Land Use Land Use Vacant and Medium Density Site "IL" Light Industrial Low Density = Residential Residential ca .E a North "IL" Light Industrial Commercial Commercial N Public/Semi- South "IL" Light Industrial Public and Commercial Commercial LU East "RS-6" Single-Family 6 Low Density Medium Density Residential Residential Commercial and West "IL" Light Industrial Professional Commercial Office Area Development Plan: The subject property is located within the boundaries 06 of the Westside Area Development Plan and is planned for a medium density a residential use. The proposed rezoning to the "CN-1" Neighborhood Commercial M ° District is consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q > Map No.: 047043 City Council District: 1 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Segrest Street which is designated as a "Local / o Residential" Street and has approximately 150 feet of street frontage along South Port Avenue which is designated as a "A1" Minor Arterial Street. According to the = Urban Transportation Plan, "Al" Minor Arterial Streets can convey a capacity ca between 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume O Type Segrest 50' ROW 60' ROW Street Local / Residential 28' paved 30' paved N/A L U) South Port `°A1" Minor Arterial 95' ROW 150' ROW 10,516 Avenue 64' paved 60' paved ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CN-1" Neighborhood Commercial District to allow for the construction of an office building. Development Plan: The subject property is 0.47 acres in size. The proposed use is the construction of a 4,922 square foot office building. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial District and consists of vacant (former single-family) properties. The property was annexed in 1938. To the north across Segrest Street is a commercial property (Bonilla Plaza) and is zoned "IL" Light Industrial District. To the south is a United States Post Office (Roy Miller Station) and is zoned "IL" Light Industrial District. To the east are existing single-family residences, constructed in the early 1950s, and are zoned "RS-6" Single-Family 6. To the west are commercial businesses including a bar, professional offices, retail, and an auto repair shop zoned "IL" Light Industrial 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 ACP line located along Segrest Street. Wastewater: 6-inch VCP line located along Segrest Street. Gas: 6-inch Service Line located along South Port Avenue. Storm Water: 15-inch line located along South Port Avenue. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN-1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (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). • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the surrounding uses, and does not have a negative impact upon adjacent properties. • The proposed office building will serve as a buffer between the high traffic volumes of South Port Avenue and the existing single-family residential homes. • Professional offices are allowed by-right in the "IL" Light Industrial District. However, the setback and buffer yard requirement due to the adjacency of single-family residences/zoning is significant. Currently, due to the "IL" District the setback is 40- feet with a Type D Buffer Yard: 20-feet and 20-points. The rezoning to the "CN-1" Neighborhood Commercial District will reduce the setback and buffer yard requirement to 10-feet and as a redevelopment project a Type A Buffer Yard: 5-points. Planning Commission and Staff Recommendation (July 22, 2020): Approval of the change of zoning from "IL" Light Industrial District to the "CN-1" Neighborhood Commercial District. Number of Notices Mailed — 21 within 200-foot notification area 5 outside notification area 0 As of July 17, 2020: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area — 0 outside notification area a Totaling 2.84% 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/2020/0720-03 Ruben Bonilla,Jr/Council Documents/Report-Ruben Bonilla,Jr.docx Staff Report Page 4 MORGAN AVE 9�j� k S CN-a {� CG-2 3 CG-2 20 Q d 4 8 RM-a 3 12 fL 13 21 SUBJECT n PROPERTY 14 45 76 ��G�FSTST 4 5 7 aQ 17 REYNA 5T R s-s a as Q� 78 19 .6 V 2 �2$ RM-3 CG-2 Nay QST Date geared:�,��� D 250 5t10 Prepare-d-6y ReyR e t Department of Derelopmen t Services CASE: 0720-03 ! ZONING & NOTICE AREA RM-1 Multifamily) IL Lig ht Industrial SUBJECT R'M2 Mu ltifamili, IH Heavy In d'ustral O RM-3Mu ltifa m ily3 PUD Planned Unit Dev.Overlay "OP€RTY ON Professional CHice 85-10 Single-Family 10 A(a1S RMAT Mu hifa.m ily ATRS-6 Single-Family 6 CN-1 Neightwrho od Commercial RS-d.5 SingleFam ily 4.5 CN-2 Neigh ioorhoad C omm ercial R5-TF Twa Fam ily CR-1 Resort Commemial RS-15 Single-F.. ily 15 CR-2 Resort Cornmemial RE Residential Estate CG1 GeneralCommercial RS-TH Townhouse ^S orpusChrisbBay 0G2 Ge raera)Commercial 5? Special Penn it C.I kr[ensive Cwnmercal RY �* Recreational d H...Park [p4 CBD Fi—ortowncan.mercial RMA Manufactured Hame CR-3 Resort Can.memial FR Farm.Rural g H Historic Overlay `+ BP Business Park + r SWh 20'mper<Y OA—f.— aaa,zoo•wafer 0 nr w, �C+,i„ty,,,o'f� 1 a�adowe�a; e X tOCRTfOIV ASAP Chflsti Staff Report Page 5 1'arsens wish disZIlilrEs planning Uq ettand[his rrreetilp,whit may requira SO9rtdrl sarrires are requested to contort the t7evmb]PPnCnt Services Gepaiyment at.east 46 FigiiS in iotivanCe at(30 1)926.3240.Personas aan uncapacidades qua tifnen la Intenti6n de atiyllr a este ittnt�Y and rgnm exon se vi_cjas caper alas , ssrpPlca que_der,.a_yisn a8 hnra5 antes el®ta,�gnm�Ilamando al de artamentq_da Senncia�tle de5arru7lo,el ncmem 1361[626-3240, It you wiah to a carom ft 091rnn,isaion d'ssring the ineeLng and ycwr English a krnited, please rail I1r6 DeMelpp,rnent Serve Department irk(361) 82€'x32-04 at Feast 46 hours in advarrx to request an interpreter be paesen4 during the rrel§bng 1v usled jn9adiriginse is I urante 1a iunla V su IngIE9s es hmitas a„jly¢ de liamar 3rl degpuLerr n a de seawlc os de tlessrnolk sl nOmerpUw a 826.3244 al mBn=48 horns galas rte la lu ma. la,.poliuter,.un glemrete ser presence durante le junta. C1TY'PLANNING COMMISSION PUBLIC Hr ARONG NOTICE Rezoning Case No.0720-03 Ruben Bonilla,Jr.hsS petitioned the City of Corpus Christi to Consider a Change of zoning from the"IL"LkSths Industrial QI5tFiC1 tp the"GN-1"Neighborhood Cornmereial DIStrict,Irpgultinn in a channe to the Future L nd - Use May.The patrperty to be rezoned is described as: 2743 Seg rest Street and described as Lots 11,12,and 13,Block 2,Roosevelt Place,located along the south side of 9egrest Stntret,eat9t of South Pert Avanue,and north of Baldwin Boulevard- The Planning Commission may reconurieno to City Council approval or denial,or approval of an intermediate zoning classification andior Special Permit Approval of a change of zoning,if inconsistent with the City's Comprehensive Plan, will also have The effect of amend Ing the Compreheoslve Plan to reflect the approved zDning.Tlae Planning Commission will oonduot a public hearing far this rezoning request to discuss and Formulate s reoommeridation to the City Councit. The public hearing will be held wednesd§y,Juke 22,20M,during one of the Planning Commission's regular meetings, which begins at 5,30 p,lm_,, in the Gity Council Chambers, 1201 Leopard Street. Ptl$LIC COMMENT.To reduce the chance of COVID- 19 transmission, public meetings will be heltt in a mariner intended to separate,to the maximum practical extent, audience and presenters from personal contact with members of the community,City staff,and City Boards and Commissions.Public testimony and public hearing input for publlc comment and on all items on the agenda at pu btie meetings of City Boards a n d Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s)of the City Boards and[or Commission.Public comment)input shall be provided,in wring,in the form of an e-maul limited to one page or by using the PUBLIC COM MENTnNPUT FORM found here:http:Ilwww.mtexas.comldeparbnentslCaty-secretary,and shall be e-mailed to the following e-mall addre5s' CatherineG@cctexas.com andior Andna w❑24pcctexas.com The written public Testimony shall be provided to members of the appliea ble City board or commission prior to voting on measures for that rneeting.That written testimon y shall be limited in accordance with the City Secretary requirenlBnts and shall be placed into the record Df each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 047 and shall constitute a public hearing for purposes of any public hearing requirement under law. To BE ON RECORD, THIS FORM MUST BE FILLET]OUT, SIGNED BY THE CURRENT PROPERTY O MUER(S) AND luti''tILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT: P. 4. BOX 9277, CORPUS CHR15TI, TEXAS 78469.9277. ANY INFQ1 ..kAbLI lit€'ROVI❑El7 BELC}W BECflfy4 P. ,PLIQ RECC]R.D. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members cf this.Commission with an applicant or appellant concerning an application or'appeal,either at home or office,or in person,?y.1@Igghone call or by letter. Printed?Jame: 5t^C+ {[L.J^ Yui'Y) J if c Address: .2 X0.7 r C S+ 5+- Citylstste: o! 3(JS Ir IS p� I,3f f il-il 5 ( I IN FAVOR ( IN OPPOSITION Phone:3o— .7-T-"--.;2 39 REASON' 5-br"f,. homeless, Poefe- 51' tDC�tno� �esttt�t'��S Signature SEE MAP 01YREW RS'E S+D€ hese No 0770-03 INFOR Gose No.:20ZN1016 Project Manager:Andrew Dimas Properly Gwnef rp16 Email'AneirewD2@Waras.um ON' n1 mts AN mom— I a N . y 0720-03 Aerial with Subject Property OPAR SUBJECT Yi Map sGa)e: 1:1,400 l - A� • Zoning Case #0720-03 Ruben Bonilla, Jr, Rezoning for a Property at 2713 Segrest Street From "IL" To "CN-1" d` Ep.REDG� N N — — pFiGAN�AVEs. �'MORGAN AVE �Pd WAN � VicinityMap r City Council September 8, 2020 Aerial Overview MORGAN,AVE V SUBJECT PROPERTY rL p REYNA ST ks.s RAN-� i h ,fi.%. .x o re vF Zoning Pattern o� HL 03-2 leas 9963 9@776 f�lo�ga� adc��ac� 0L UHc�a9 CQ-2 loss Moog 0L 6C��� 9@716 20M HL We 9@770 J RH4 gC�3 � RM-1 E84 20005 9900 l"@ SUBJIECT 19@3 @3 G30�� Q PGOOPERW sj°a a 1959 �I°"6 low G.� 1 3 �J 1976 a °° ���� INS S 0 9@g@ Planning Commission and Staff Recommendation Approval of the "CN- 1 " Neighborhood Commercial District Public Notification MORGAN.AVE Hfa 21 Notices mailed inside 200' buffer °` ks 5 Notices mailed outside 200' buffer T CG-2 CG-2 Notification Area e 3 ,2 iL Opposed: 1 (2.84%) SUBJECT PROPER 4TY sF�R�s�s 4 6 T f] REYNA 5T Rs-6 In Favor: 0 18 19 z� RM l C G-& NqysT Utilities Water: 8'WS �S SEGRES75T 8-inch ACP s¢ SUBJEC4Wastewater: a$ [PROPERTY 8-inch PVC Gas: o� 2-inch service line 5'LLE2 a !ta Storm Water: 24-inch ,5 BAGP QKS 1MIIF S 6PGP I UDC Requirements - MORGAN AVE H# w -' Buffer Yards: r CN-1 to RS-6: Type B: 10' & 10 pts. _ CN-1 to IL: Type B: 10' & 10 pts. x Setbacks: Street: 20 feet r ' . Side & Rear: 10 feet r ; ITT PROPERTY Parking: ( R<s Office: 2.4 per 1,000 square feet REYNA ST `°c�, _. .•� e ,A ;� 6 °.., Landscaping, Screening, and Lighting g Standards ' Uses Allowed: Retail, Offices, Multifamily St *Bars/Nightclubs Not Allowed in "CN-1" so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/08/20 1852 Second Reading Ordinance for the City Council Meeting 09/15/20 DATE: July 28, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 1014 Admiral Drive CAPTION: Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the"RS-6" Single-Family 6 District to the "CG-1" General Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a drive-thru car wash. BACKGROUND AND FINDINGS: The subject property is 0.47 acres in size. The subject property is currently zoned "RS-6" Single- Family 6 District and consists of vacant property. The property was annexed in 1961. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Transition Aviation use. The proposed rezoning to the "CG-1" General Commercial is consistent with the adopted Comprehensive Plan (Plan CC). However, it is not compatible with the surrounding uses, and has a negative impact upon adjacent properties if no mitigation measures are implemented. The "CG-1" General Commercial District was originally designed to implement the guidelines of the Air Installation Compatibility Use Zones (AICUZ). The "CG-1" District prohibits all residential uses, therefore promoting compatible land uses with flight operations. The "CG-1" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. The "CN-1" Neighborhood Commercial District is another zoning district that allows automatic car washes by- right. However, the "CN-1" District also allows multifamily developments at maximum density of 37 dwelling units per acre. Multifamily developments are inconsistent with AICUZ and land compatibility with military flight operations. Therefore, the"CN-1" District is not a viable option. An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 7 a.m. to 9 p.m. would reduce the chance of any potential negative impacts from occurring. If the "CG-1" District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Specifically, a Type C Buffer Yard, consisting of 15-feet and 15-points, will be required along the northern property line shared with the "RS-6" Single-Family 6 District Public Input Process Number of Notices Mailed 27 within 200-foot notification area 5 outside notification area As of July 17, 2020: I n Favor In Opposition 1 inside notification area 2 inside notification area 0 outside notification area 0 outside notification area Totaling 6.35% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the "RS-6" Single- Family 6 District to the "CG-1" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single-Family 6 District with a Special Permit (SP) with conditions on July 22, 2020. ALTERNATIVES: 1. Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. (3/4 Vote Required to overrule the Planning Commission Recommendation). FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request in lieu of a special permit. Planning Commission recommended denial of the change of zoning from the "RS-6" Single- Family 6 District to the "CG-1" General Commercial District, in lieu thereof, approval of the "RS- 6/SP" Single-Family 6 District with a Special Permit (SP) with conditions 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. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS-6" Single-Family 6 District to the "CG-1" 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 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 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 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One-Half of Lot 21, Block H, except the West 50' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. The subject property is located at or near 1014 Admiral Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map 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. 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 2 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 3 of 6 Exhibit A URBAN ENGINEERING Job No.43400.00.01 June 24,2020 0. 4741 Acre Tract STATE OF TEXAS C'OUNT17 OF NUECES Fieldnotes, for a 6.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed)being the South One-Half of Dot 21, Block Ii except the West 501 thereof and excepted 12.5 Feet reserved off the North side for Street Purposes, Block K Flour Bluff Estates, a map of Mdeb is recorded in Volume 8, Pages 1 and 2, Map Records of Nueces C'.aunty, Texas, being the same land described in a Deed from C:_C_Schultz and wife,Lala Schultz to E.rmile and Petra G_Dilley, as recorded in File No_ 244644_ Volume 372, Page 469, Deed Records ofNueces County, Texas_ together with a 0.0788 Acre Tract(previously surveyed)being the North 12.5 Feet of the South One-Half of Lot 21,Black H,said Flour Bluff Estates, said 0.4741 Acre Tract being more fully described as follows= Beginning,at a 518 Inch Iron Rod Found with cap stamped"Civil Carp" on the Northwest Right- of-Way line of Admiral Drive(Form&rly Kathryn Drive), a 50.00 Foot Wide public roadway,being the East corner of Lot 20, said Black H, the Southeast canner of a 1.43 Acre Tract described in a General Warranty Deed with Vendor's Lien and Bill of Sale from Kwik Klean Kar Wash, Inc_ and Robert A Huegele_doing business as The Car Wash Company to Coastal King, Ltd.,as recorded in Document No_ 2016002280, Official Public Records ofNueces County,Texas, for the South canner of the said 03953 Acre Tract and of this Tract,from Mlience a Drill Hole Found,for the South corner of the said 1.43 Acre Tract bears,South 381T33" 61est, 131.85 Feet; Thence,North 61°22'52" West,i0h the Northeast boundary line of the said 1.43 Acre Tract and the said Block H,the Southwest boundary line of the said 0.3953 Acre Tract, 275.03 Feet: to a 5.'8 Inch Iron Rod with red plastic cap stamped"URBAN E.NGR CCTX'Found,being the common comer of Lot 15 and Lot 16,said Block H_ an inner ell comer of the said 1.43 Acre Tract,for the Rest earner of the said 0.3953 Acre Tract and of this Tract; Thence,North 2837'08"East,over and across the said Lot 21,v0th the-No thurest boundary line of the said 0.3953 Acre Tract, at 66.60 Feet, pass a 5.-S Inch Iran Rod with red plastic cap stamped "MAN. ENGR CCTV Found,for the com mon comer of the said 0.0788 Acre Tract and the said 03953 Acre Tract, in all 75.00 Feet,to a 5f8 Incl Iron Rod t0h red plastic cap stamped'URBAN ENGR CCTV Found,for the North corner of a 0.0788 Acre Tract and of this Tract; Thence, South 61'22'5T-'East, continuing over and across the said Lot 21, with the Northeast boundary line of tate said 0.0788 Acre Tract_ 274.03 Feet, to a 5,9 Inch Iron Rad with red plastic cap stamped'URB.A-N ENGR C='Found,'Found,on the said Northwest Right-of-Way line,being the East earner of the said 0.0788 Acre Tract,and of this Tract, for the beginning of a non-tangent curve to the Right, 1lL7RBANFS0302ta1Suneying�4340MCOD1'�DFFICEW=S AND BOLT_VDSTN434000001 0.4741 Ac_20200622Docx Page 1 of 1 OFFICE_(361)851-3101 2725 SWANTITER DR_•CORPUS CHRISTI.TEXAS 78404 FAX(361)854-6001 www.urbanenLnconi TBPE Firm ib 145•TBPLS Firm 4 10032400 Page 4 of 6 hairing a Delta of 07°33'41, a Radios of 568.76 Feet, an Arc Length of 75.06 Feet and a Chord Bearing South 27°51`41"Rest- 75.01 Feet-, Thence,with said non-tangent cone to the Tight and the said Northwest Tight-of-Way line,at an Arc Length of 12.53 Feet.pass a 5,'8 Inch Iron Rod%pith red plastic cap stamped"URBAN ENGR CCTX' Found,for the common comer of the said 0.3953 Acre Tract and the said 0.0788 Acre Tract,in all,an Arc. Length of 75.06 Feet, to the Point of Beginning,containing 0.4741 Acnes(20,652 Sq.Ft) of Land,more or less. Grid Bearings and Distances shourn hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010-W Unless this fieldnotes description, inchiding preamble, seal and signature, appears in its entirety, in its original forna� suneyor assumes no responsibility for its accuracy-Also reference ac'conTanymg sketch of tract described herein. — URBAN ENGLNEERLNG ar JAkJES 6AV16 CARR ,$453... W � uRv James D. Carr. R-P.L.S. — License No. 6458 LRBANFS03'',Data'Sur eranf"43409,,,Co01'�OFFICE-1=SAND BOUNDSTN43400co01_0.4741 Ac_202000622Dcmm Page 2 of OFFICE=(361)854-3101 2725 SV AN71--YER DF_*CORPUS C11R7SIZ TEXAS 78404 FAX(361)854-5001 v.-w.urbaMe L-.CG TBPE,Firm 0 145 r TBPLS Firm 4 10032400 Page 5 of 6 rj n a aw d 1 � n n, 0 C,4 a z w mn- r�4 ❑<m 3 �_ � c o p_p p_ ��y n N S n _} n a9 A m arm Is�.3�� �-e. .� � 3 o a wo �zz N mot S. Bock H V A L ti tai asp '-I :] ti. your blutl_states Vol. S. ?Os. 1 a,d 2. klgo - ©�n fi 3' x p n Rec of,Js a Ntreces County, -oboe V 9 Al L.�4 Portion of 21, 91ock N e. Fl,-ur 31„!f` Estutea rhP'. 1Mi18i X,1{y L.'0.� y F W 2g1rsooiaao,q.=.rcn.c.r-S x 9 13 Q ' N28'37'08"E 75.001 4 c r 4 �'O�j� 3 t � u• 2a'+J S aT uD g E2 t f7 a - - m�mx v Fr f7 a - -. o c 2 9.p 0 y � G1 5 I I Y I _ `11_. m:A•Y!r T !'N I S ,n li 7n u # -4 c1L. - n A�rruirn a „ nm wx T a7 'Larmrlt♦-il rtn�� F ] by tN 'rw -J rJ Lh Page 6 of 6 Zoning Case No. 0720-04, Petra Dilley (District 4). Ordinance rezoning property at or near 1014 Admiral Drive from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with conditions. 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 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 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 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed) being the South One-Half of Lot 21, Block H, except the West 50' thereof and excepted 12.5 feet reserved off the north side for Street Purposes, Block H, Flour Bluff Estates as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with conditions. The subject property is located at or near 1014 Admiral Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map 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. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single-family residence. An 8-foot solid screening fence shall be built along the northern property line shared with the single- family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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. Page 2 of 7 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 URBAN ENGINEERING Job No.43400.00.01 June 24,2020 0. 4741 Acre Tract STATE OF TEXAS C'OUNT17 OF NUECES Fieldnotes, for a 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously surveyed)being the South One-Half of Dot 21, Block Ii except the West 50'thereof and excepted 12.5 Feet reserved off the North side for Street Purposes, Block K Flour Bluff Estates, a map of Mdeb is recorded in Volume 8, Pages 1 and 2, Map Records of Nueces C'.aunty, Texas, being the same land described in a Deed from C:_C_Schultz and wife,Lala Schultz to E.rmile and Petra G_Dilley, as recorded in File No_ 244644_ Volume 372, Page 469, Deed Records ofNueces County, Texas_ together with a 0.0788 Acre Tract(previously surveyed)being the North 12.5 Feet of the South One-Half of Lot 21,Black H,said Flour Bluff Estates, said 0.4741 Acre Tract being more fully described as follows= Beginning,at a 518 Inch Iron Rod Found with cap stamped"Civil Carp" on the Northwest Right- of-Way line of Admiral Drive(Form&rly Kathryn Drive), a 50.00 Foot Wide public roadway,being the East corner of Lot 20, said Black H, the Southeast canner of a 1.43 Acre Tract described in a General Warranty Deed with Vendor's Lien and Bill of Sale from Kwik Klean Kar Wash, Inc_ and Robert A Huegele_doing business as The Car Wash Company to Coastal King, Ltd.,as recorded in Document No_ 2016002280, Official Public Records ofNueces County,Texas, for the South canner of the said 03953 Acre Tract and of this Tract,from Mlience a Drill Hole Found,for the South corner of the said 1.43 Acre Tract bears,South 381T33" 61est, 131.85 Feet; Thence,North 61°22'52" West,i0h the Northeast boundary line of the said 1.43 Acre Tract and the said Block H,the Southwest boundary line of the said 0.3953 Acre Tract, 275.03 Feet: to a 5.'8 Inch Iron Rod with red plastic cap stamped"URBAN E.NGR CCTX'Found,being the common comer of Lot 15 and Lot 16,said Block H_ an inner ell comer of the said 1.43 Acre Tract,for the Rest earner of the said 0.3953 Acre Tract and of this Tract; Thence,North 2837'08"East,over and across the said Lot 21,v0th the-No thurest boundary line of the said 0.3953 Acre Tract, at 66.60 Feet, pass a 5.-S Inch Iran Rod with red plastic cap stamped "MAN. ENGR CCTV Found,for the com mon comer of the said 0.0788 Acre Tract and the said 03953 Acre Tract, in all 75.00 Feet,to a 5f8 Incl Iron Rod t0h red plastic cap stamped'URBAN ENGR CCTV Found,for the North corner of a 0.0788 Acre Tract and of this Tract; Thence, South 61'22'5T-'East, continuing over and across the said Lot 21, with the Northeast boundary line of tate said 0.0788 Acre Tract_ 274.03 Feet, to a 5,9 Inch Iron Rad with red plastic cap stamped'URB.A-N ENGR C='Found,'Found,on the said Northwest Right-of-Way line,being the East earner of the said 0.0788 Acre Tract,and of this Tract, for the beginning of a non-tangent curve to the Right, 1lL7RBANFS0302ta1Suneying�4340MCOD1'�DFFICEW=S AND BOLT_VDSTN434000001 0.4741 Ac_20200622Docx Page 1 of 1 OFFICE_(361)851-3101 2725 SWANTITER DR_•CORPUS CHRISTI.TEXAS 78404 FAX(361)854-6001 www.urbanenLnconi TBPE Firm ib 145•TBPLS Firm 4 10032400 Page 5 of 7 hairing a Delta of 07°33'41, a Radios of 568.76 Feet, an Arc Length of 75.06 Feet and a Chord Bearing South 27°51`41"Rest- 75.01 Feet-, Thence,with said non-tangent cone to the Tight and the said Northwest Tight-of-Way line,at an Arc Length of 12.53 Feet.pass a 5,'8 Inch Iron Rod%pith red plastic cap stamped"URBAN ENGR CCTX' Found,for the common comer of the said 0.3953 Acre Tract and the said 0.0788 Acre Tract,in all,an Arc. Length of 75.06 Feet, to the Point of Beginning,containing 0.4741 Acnes(20,652 Sq.Ft) of Land,more or less. Grid Bearings and Distances shourn hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010-W Unless this fieldnotes description, inchiding preamble, seal and signature, appears in its entirety, in its original forna� suneyor assumes no responsibility for its accuracy-Also reference ac'conTanymg sketch of tract described herein. — URBAN ENGLNEERLNG ar JAkJES 6AV16 CARR ,$453... W � uRv James D. Carr. R-P.L.S. — License No. 6458 LRBANFS03'',Data'Sur eranf"43409,,,Co01'�OFFICE-1=SAND BOUNDSTN43400co01_0.4741 Ac_202000622Dcmm Page 2 of OFFICE=(361)854-3101 2725 SV AN71--YER DF_*CORPUS C11R7SIZ TEXAS 78404 FAX(361)854-5001 v.-w.urbaMe L-.CG TBPE,Firm 0 145 r TBPLS Firm 4 10032400 Page 6 of 7 rj n a aw d 1 � n n, 0 C,4 a z w mn- r�4 ❑<m 3 �_ � c o p_p p_ ��y n N S n _} n a9 A m arm Is�.3�� �-e. .� � 3 o a wo �zz N mot S. Bock H V A L ti tai asp '-I :] ti. your blutl_states Vol. S. ?Os. 1 a,d 2. klgo - ©�n fi 3' x p n Rec of,Js a Ntreces County, -oboe V 9 Al L.�4 Portion of 21, 91ock N e. Fl,-ur 31„!f` Estutea rhP'. 1Mi18i X,1{y L.'0.� y F W 2g1rsooiaao,q.=.rcn.c.r-S x 9 13 Q ' N28'37'08"E 75.001 4 c r 4 �'O�j� 3 t � u• 2a'+J S aT uD g E2 t f7 a - - m�mx v Fr f7 a - -. o c 2 9.p 0 .i Z {7 y G1 7 5 I I Y I _ `11_. m:A•Y!r T !'N I S ,n li 7n u # -4 c1L. - n A�rruirn a „ nm wx T a7 'Larmrlt♦-il rtn�� F ] by tN 'rw -J rJ Lh a n O p i n Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0720-04 INFOR No. 20ZN1017 Plannin Commission Hearin Date: July 22, 2020 C Owner: Petra Dilley 0 Applicant: Petra Dilley •r-L Location Address: 1014 Admiral Drive a N Legal Description: Being 0.4741 Acre Tract of Land, comprising of a 0.3953 — °' Acre Tract (previously surveyed) being the South One-Half of Lot 21 , Block H, Q0 except the West 50' thereof and excepted 12.5 feet reserved off the north side m for Street Purposes, Block H, Flour Bluff Estates, located along the west side of Admiral Drive, south of Melody Lane, and north of State Highway 358 (South 06 Padre Island Drive). From: "RS-6" Single-Family 6 District To: "CG-1" General Commercial District io Area: 0.47 acres Purpose of Request: To allow for the construction of a drive-thru car wash. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 Vacant Transition ca Aviation North "RS-6" Single-Family 6 Low Density Transition •E Residential Aviation ° N Transition � South "CG-2" General Commercial Commercial Aviation and Commercial LU East "CG-1" General Commercial Vacant Transition Aviation West "CG-2" General Commercial Vacant Transition Aviation Area Development Plan: The subject property is located within the boundaries 06 u, of the Flour Bluff Area Development Plan and is planned for a Transition Aviation M o use. The proposed rezoning to the "CG-1" General Commercial District is - a consistent with the adopted Comprehensive Plan (Plan CC). a o Map No.: 034032 o � Q City Council District: 4 Zoning Violations: None Staff Report Page 2 0 Transportation and Circulation: The subject property has approximately 160 o feet of street frontage along Admiral Street which is designated as a "Local/Residential" Street. According to the Urban Transportation Plan, "Local / = Residential" Streets can convey a capacity up to 500 Average Daily Trips (ADT). ca L Urban Proposed Existing Traffic Street Transportation Plan 0) �O Type Section Section Volume L Cn Admiral Street Local/Residential 50' ROW 50' ROWN/A 28' paved 20' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District to allow for the construction of a drive- thru car wash. Development Plan: The subject property is 0.47 acres in size. The proposed use is a drive-thru car wash. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of vacant property. The property was annexed in 1961 . To the north is a single-family residential subdivision (Flour Bluff Estates; 1940) zoned "RS- 6" Single-Family 6 District. To the south is an existing car wash (The Carwash Company) zoned "CG-2" General Commercial District. To the east are businesses (Treasure Bay Costal Furniture) and vacant properties zoned "CG-1" and "CG-2" General Commercial District. To the west are businesses (Treasure Bay Costal Furniture) and vacant properties 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). However, the subject property is located approximately 1 ,600-feet to the southeast of an Accident Potential Zone (APZ-1). Plat Status: The property is not platted. Utilities: Water: 6-inch C900 line located along Admiral Drive. Wastewater: 8-inch VCP line located along Admiral Drive. Gas: 2-inch Service Line located along Admiral Drive. Storm Water: Roadside ditches located along Admiral Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Transition Aviation use. The proposed rezoning to the "CG-1" General Commercial District is Staff Report Page 3 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). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), however it is not compatible with the surrounding uses, and has a negative impact upon adjacent properties if no mitigation measures are implemented. • The "CG-1" General Commercial District was originally designed to implement the guidelines of the Air Installation Compatibility Use Zones (AICUZ). The "CG-1" District prohibits all residential uses, therefore promoting compatible land uses with flight operations. • The "CG-1" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • The "CN-1" Neighborhood Commercial District is another zoning district that allows automatic car washes by-right. However, the "CN-1" District also allows multifamily developments at maximum density of 37 dwelling units per acre. Multifamily developments are inconsistent with AICUZ and land compatibility with military flight operations. Therefore, the "CN-1" District is not a viable option. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 7 a.m. to 9 p.m. would reduce the chance of any potential negative impacts from occurring. • If the "CG-1" District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Specifically, a Type C Buffer Yard, consisting of 15-feet and 15-points, will be required along the northern property line shared with the "RS-6" Single-Family 6 District. Planning Commission and Staff Recommendation (July 22, 2020): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District, in lieu thereof, approval of the "RS-6/SP" Single-Family 6 District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single-family residence. An 8-foot solid screening fence shall be built along the northern property line shared with the single-family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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. Number of Notices Mailed — 27 within 200-foot notification area 5 outside notification area 0 As of July 17, 2020: In Favor — 1 inside notification area o — 0 outside notification area z In Opposition — 2 inside notification area — 0 outside notification area a Totaling 6.35% 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/2020/0720-04 Petra Dilley/Council Documents/Report-Petra Dilley.docx Staff Report Page 5 ��© MFl°or MjRR°RSR ?7 2 9 22 6 16 T Q AS 20 y 4 122 3 25 Q 4 24 13 ? SUB C, T1100 11 PROPERTY 21 14 p9� 5 14 26 45 27 0 4. sp9 o a Q� R Dare Crewed:7i62020 D %0 Sf7d Prepared BY ReyR Fee t Department of Development Service¢ CASE: 0720-04 ZONING & NOTICE AREA RMI Multifamily IL Light industrial SUBJECT RM-2 Multifamily 2 IH Heavy krdustral RM3 Multifamily 3 PUD Planned UnitDev.Overlay 'PROPERTY ON Professional Offce RS-10 Single Fam ily 10 RM-AT Multifamily AT RS-6 Si ngle Fam iq6 CN-i Neighborhood Commem al RS-4.5 Single Fare ily 4.5 CN-2 Neighborhood Commercial R5-TF Two-Family _CQ CR-1 Resort Com.men:ial RS-15 Single-Family 15 p CR-2 Fdesort Commercial RE Resident el Estate @v CGI Cienera l Commercial RS-TH Townhouse Corpus Christi Bay C Uie nera l C ommerc is l SP Special Perm it Cl stens lve ronmercal RV Recreational Vehide Park �. CBD Dow rstvw n Commercial RMH Manufacture d Ham e o CR-1 Resort Commercial FR Farm Rural �`6pK 'G7 �s H Historic Overlay BP Business Park Suhjed Pmpedy T br,tw Ah 200'bvfkr 00- mtawr �� C`•3 of Owmrs wWt m 2OVYsed an v�A� COI[]178 4 anaeredoweshoa# A LOCATION MAP Christi Staff Report Page 6 Pervom with dNatxMIa5 p4anning to atlena the meeOing,who-abM require speual services,aro rcquested to Contact the oevelapmernl 5erviMg Departmerrl at least 48hours in advance at(36'1)826-3240 Perms apn imespseidades, que lenen la intenabn de asistlr s&%N junta v roue reou j"n srrvick7s Csijaja",ae les suplica qua den SV'.q 413 troves 8htes de 12 LAI A(anerrl_r11 §-32Ap. If you wish to gess the Commission du Org tate mewling and your English is Whited,pleim call the Diwolornemt Services I7epartrnent at(3671 ,5?6,3240 at Excret 48 hours in advance to request an interpreter N�pnmant during the McNing 5r Wed deaea dla ase a Is o3 nmraaion cwrante la au i�gr Ids.as limNidt_Faust de ilarnar al tleaartam2nro de aerric de de9anx0fo al nurneno t3#1 S 826 2A1] LmgrAs 48 herds anReS de la iunl[a para aolKitar un int6rprete ser prasente durante Ia jWAjL CITY PL AINING COMMISSION PUBLJC HEARING NOTICE ' RezrWng Case No.07210-04 Petra Dllley has p0tioned the City of Carpus Christi to consider a change of zoning from the`rRS$rr Silgaia-Faintly E District to the 1tlC(Ll" General Commercial District, resulting in a chan{te 1P,the Future Land t1�se (Nan. The property to be rezoned is described as: — 1014 Admiral Drive and derscrlhad as tarring 0.4741 Acre Tract of Land, comprising of a 0.3953 Acre Tract (previously 5urveyedl being the South One-Half cf Lot 21, Block H, except the West 50'thereof and excepted 12.5 feet reserved Off the north side for Street Purposes, Block H,Flour Muff Estates,located along the well side of Admiral Drive,south of Melody t_anre,and north of State Highway 358(South Padre island Drive), The Planning Commission may recornmiend to City Council approval or denial,or approval of an intermediate zoning GlSssificatian andlor Special Permit.App.*oval of a Change of 2011,09,if inconsistent with the Crfty's Comprehensive Flan, will also have the effect of amending the Comprehensive Flan to reflect the approved zoning.The Planning Commission will conduct a public"wing for this rezoning request to d"iscuss and formulate at recommendation to the Cite Cound1. The public hearing wi II be held Wednesday.July 22,2024,du ring one of the PlanrmingT Commission's regu lar meetings, which begins at 6.30 p.m., in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT,To reduce the chance of COV1110- 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 or the community, City staff, and City Boards and Commissions.Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall I be provided in written format and presented to the designated Staff rnember prier to the start of aach rheebng(s)of the City Soartis andu or Commission.Public eolmmantl input shall be provided, In writing. in the form of an e-mail limited to one page or by using the PUBLIC COM MENTrlNPUT FORM Found here:http:lrWww Cctexas.com+depaOfnanWcity rotary,and shall be e-malted to the following e-mail address Catherine{;@Mtexas.ram andlor And rewp2 @cctexas.com.The written public testimony shall be provided to nrembers of the applicable City board or commission prior to voting on measures for th2t meeting.That written testimony shall be Limited in arxardance with the City Secretary requirements Arid shall be placed into the record of each meeting This written testimony shall sBrve as the required public te&timony pursuarit to Texas Gov' t Code 551. 047 and shall constitute 2 public hearing for purposes of any public hearing re are etalMoer Jaw. TO 8E'ON RECORD, THIS FORM MUST BE FILLED OUT, SKIVED BY THE CURRENT PROPERTY C]WNER(S} AND MAILED IN ITS EINTiRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. R 0.BOX 9277, CORPUS CHRISTI, TEl{AS 78489-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD,. NOTE; In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either WIMP cr office, or in person.by telephone Call or bY.Lp mr_. Printed Name: ti}�j t �'• ":J .rte . — Address r" Y " �Citotdte;__ (vj IN FAVOR ( )IN OPPOSITION Phone: �+ , REASON: r... r 1 5gWire cure SCF jwAP ON REVERSE-IMP Case Nc.07ZG�04 INFOR Case No:20ZN 1016 Prpfert Manager ANrew dirlras Prdpealy O wrrer V 8 Erma;,A drewO2@CZLeXiWWm Staff Report Page 7 Persons with disabilities planning 1&arlend this nrerlEin0.who may require specisr m-rvides,era s°fur, u do cantad 1he Deverarxneat Services Npartiment at Least 48 naurs in advance at(:�51)6.26-3740 Personas con in,r c iades,,.que tier-e- la MquiEF'n serviciOesoerxa1P1. 9z5 les supllc&pub den ,w,:g�hq!N!s,an3as de Is junta l deparlemento do sarmicios da deserroll❑ a! aiimero 13611 e26-37411. If you wish to address the Camrimsion during the meering and your Frgglish Is limilvd, please call 11-iDcvx rltmt Serv;cj�s DaparbW11 at( 1) 825.3240 a1 lrrasl 4$hours in advance to request an sMarpreter he present dunag the meelrq Si u5tecl fl-.,sea dingifse a le comir4slonduranta la juntay su inglLls as limirado,favor de Ilemer al deisarlamento de w(yicios do desa,p Ilo.aJ Rum ,,.)Iii=1:926-324c al monos 49_hors fivrdo para solicilor u rpmlc scar preSuate du arae Ie junta. CITY PLANNING COMMISSION PUBLIC REARING NOTICE Rezoning Ge49e No. .0720.04 Petra Dil ley I:as p0tioned the City of Corpus Christi to consider a change of zoning from the"IRS-8e 8I+pgle-Family G District to Pie "CG-1" General Cornrnercial Diistrigt. resultingIna ghgings to 111hip Futgre Lang L1,80 Ma - Tho prop", to be rezored is described as: 1014 Admiral' Drive and dascribed as being 0.4741 Acre Tract of Land, cornprieing of a 10,3953 Acre Tract (previously surveyed) being the South On"alf of Lot 21, Black H, except the West 50'thereof and excepted 12-6 leer rasarved off this north lslde for Street Purposes, Block H, Flour Bluff Estates, h5cated along the west side of Admiral Drive,south of Melady Lane,aril north of State Highway 358(South Padre Island Drive), The Pianning Commission may FeC-L)rrn�rrd to City Council approval or denial, or approval of an interrnedia:e zonirq ,lassificatlon and/or Special hermit Approval of a change ofzoning, if inconsistent with the City's Comprel)Ksa ve Flan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning.The Planning Commission wr111 Conduct a public hearing fbi,this rezo:iing,request to discuss and Formulate a recommendation to the City Council The public hearing will be held Wednesday,July 22,202.0.during one of the Planning Commission's reqular meetings, which begins at 6,30 D,gi_ in tate City Council Chambers, 1201 leopard Street. PUB00 COMMENT To reduce the chance of=110- 10 transmission.. public,. rneetings ,mill be held in a manner~inberided to separate, to the maximum practical extent. audience slid ptesenters from personal-contact with members of the community, City staff, and City Boards and Commissions. Publictestimor}y and public hearing inputfor public comrnentand on ali itemsontheagen0a at public rrleetirtgs of City Boards and Commissions shall be provided in writben format and presented to the designated staff member prior to the start of each meeting(s)of the City Boards and/or Commission_ Public Cornmenil input shall be provided, in writing, in the form of an e-mail limited to one page or by using the PUBLIC COMMENTflNPUT FORM Found here: http,J.W w rrtexas,chividepartmentsloity-secretafy.and shall be e-mailed to the fi0Jk4wing e-mail address: CatherinaG wootkxas Con)and/or Andrew Dk cctexas.c*m The written public testimoriy shall be pl!`Wded to members of the applicaVe City hoard or commission prior to voting on measures for that meeting. That written testimony shall be limited in imcortlance with the City Secretary requirements and shall he placed into the record of each meefing. This written testimony shall serve as the required public testimony pursuant to Texas Gov" t Cade 5$1. 007 Arid shall constitute a public hearing for purposes of any public hoaaing requirement under law- TO BE ON RECORD THIS FORM MUST BE FII.LED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THF DEVELOPMENT SERVICES DEPARTMENT, P O_ BOX 9277, CORPUS CHRISTI. TEXAS 75409-9277. ANY INFC;RMA710N PROVIDED BE=LOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Corn rnission Fly-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an,application orappeat,either at home or office.or in perspn_.4tgfephonc call or byjotor. Printed Mame iii Alidres 4,a, 1�� __ ,,,,,City+State � ►1!Ll 4 r tr ,± ( ) IN FAVOR AIN OPPC 70N Phone � REASON: a t,r � � � � SEE WAP ON RE'VERSESOE Base Na 072044 IN FOR Case rwa:20Znrte16 Prajoin Manager Ardr,-A,dimes Pruoerly Owner I D: 12 Eutaw Ardr&.�,n?@Wet Kas com Staff Report Page 8 P,brsom vdth-dis tWlies planning to atRend ihss rricding.who may rag fire special services.-era re vested Co contact the Development Gcmic&s department yi least 48 IiOurs rry advance a:{351}825-3244.Pe e.4nas.mnjrr l"rid _cue fienen.la intenti6n_de 7slstir a e.�ta iunte V q4j "uteren seevi(C�os especiale5,,.,w n 4 horas antes de la I.jrrta IIa0yRdLALgjpjrtEvnento da seriiriccs do desa:r F.�sl `l a 6miaro(35 t t 825-3244. M you wish to address the C.:tmmiasion during the meeting and your English is lir Ord.please Gall the'Dev4 10PM rvl reloe%Oepartment at(Mil} 82&3240 at leasl 48 hourrs in advance to rea'iuesi an inWoreker ufL pre.wnt dunm the rneetrng.§,i,uslei deeea disgirse a la oamrr(L cion 4 r n KwW Y au ngl6s e5 trrrg�adqlaver da I'laenar ap dppart.ernen90 de sgru�jQ,s .;SJ. yrmllo al nuraero 4361!e,-S2124Q.,a mehot,413 horas antes de Ia Hata Btditil�r un IntArprate ser❑reaerate durenta3alll�H. CITYPL4NNiflNG COMMISSION PUBLIC HEARING NOTICE Reaming Case No,07201.04 Petra Ui fwy has p0tioned the City of Corpus Cittristi to consider a change of zoning from the'IRS-6"Simile-Farnily 6 Mstrict to the"re-Q4 neral Goinrner681 District, res ultin in a chap a to thj2 Future Land Use Ma p ir: property to be rezoned is describad as: 1414 Admiral Drive and detcrlbed as being 0.4741 Acre Tract of Land, cornprlsling of a 0.3953 Acre Tract {previciusly surveyed)being the South One-Half of Last 21, Stock H, except the West bot'thereof and excepted 12.5 feet reserved•off the north side for Street Purposes,Blook#1,Flour Bluff Estates, located along the wast side of Admiral Drilla,south of Melody Laner and north of State Highway 358 South Padre lsland Drive). The Planning Commission may reoornmeW t0 Cily CDuncil approval or den el,or approval of an intermediate zoning classification and(cir Special Permit-Approval of a change of zoning,if ini�ansistent with the city's Comprehensive Plan, will also have the effect of amending the Compreherrsive Plan to reflect the approved zoning.The Planning Commission will conduct a public hearing fpr this rEzoning request to discuss and formulate a recommendalion to the City Council. The public hearing will be Meld'WO ne da du 22 2024 during one of the Planning Commission's regular meetings, which begins at 5,311 p.m., in the City Council Chambers. 1201 Leopard Street. PUBLIC COMMENT: To reduce the chartoe of CQVID- 19 transmission, public meetings will be held in a rrwnfler intended to separate, to the maximum practical extent, audience and presenters from personal contact with menribers of the community, City staff,and City Boards anti Commissions..Public testimony an d pu blic hea ring input for public comme nt and on all items on me age we at public meetings of City Boards anti Commissions Shatl be provided in written format and presented to the designated staff member pnor to the Start of each meeting(s)cif the City Boards areal or Commission. Public commentf input shall be provMad,in writing,in the form of an e-mail Itmited to one page or by using the PUBLIC COM,MENT11NPUT FORM found here; http:f www.cctexas.cortUdepantmentslcity-wearetary arld shall be e-mailed to the following e-niaiI address_ CatheraneG&ctexas.eom arldlor Arid rewD2 cctexas.com_-The written public tastimony shall be provided to rnemIbers of the applicable City board or commission prior to voting on measures for that meeting.That written tesitmorty shall be limited in aowrdance with the City Secretary requirements and shall be placed into the record of each nleeling. This written teshmony shall serve as the required public teatimony pursuant to Texas God t Code 551. 007 and shall constitute a public hearing for purposes of any oubliC hearin iI-emen#under law. To BE ON REGQRD, THIS FORM MUST BE FILLED CUT, SIGNED BY THE CURRENT PROPERTY O'ANER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMEN r, P. G. BOX 9277, CORPUS CHRISTI, TE;xAS 79A61-P277. ANY INFORMATION PROVIDED BELOW PlEg ES PUBLIC RECORD. — NOTE: In accordance with the Planning Commission fay-Lawn, no discussion shall be held by a mennber or mernbers of#his Commission with an applicant or appellant concerning an application orappaal,eitherat horne or ffice or in Person,bv telephone call or by letter. Printed Name: r�,�. � _. Address —C,tyiS-ate: I f` r7 ( ) IN FAVOR IN OPPOSITION Phone: . ' REASON: . Iu `ILII LIUI�-(rY L�"1l tt '�' l J',, t Pitt M .SEE AMP' REVERSE Sri `� �tyt `1LL l L �? k ase No.0720-44 IN FOR Casa No.'.:K 2N1016 Prcgad Man er An*rew Drnm Property Owner I0:24 11,E y 3 ( x k l I Email.AndrewD2@oc;bmas.com , 4#t rti �.Jv� , w 4f k tip. ) • � Air e •` i bA y t 1� r # / r �e. CASE: 4 Aerial with Subject Property ■ SUBJECT r ,,, rr- J r Map Scale: 1:1,400 ' ON MAP1 Zoning Case #0720-04 Petra Dilley Rezoning for a Property at 1014 Admiral Drive From "RS-6" To "CG-1" Sub Prop. `f Vicinity Map City Council September 8, 2020 Aerial Overview p SUBJECT . ,,,PROPERTY H�yr3 �Lp�8 OR ' Z Zoning Pattern Reis Q� O ry4_ f ca-I 999 o 191 M a 9909 0 03-2 �NSo 9969 997 SUBJECT PROPERTY RTY p��aQ 996 6002 Om-mp 9996 c 9-2 �G�o 9969 d�POo 03-MIP �@ 2003 RM-1 6(R-2 pp , 9969 969 3 Planning Commission and Staff Recommendation Denial of the "CG-1 " General Commercial District In lieu thereof, Approval of the "RS-6/SP" Single-Family 6 District with a Special Permit SP Conditions 1 . Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). 2. Setback/Screening: A setback at a minimum of 10 feet shall be maintained from the northern property line shared with the single- family residence. An 8-foot solid screening fence shall be built along the northern property line shared with the single-family residence. 3. Hours of Operation: The hours of operation shall be daily from 7:00 AM to 9:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. SP Conditions 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. 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. Public Notification 27 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer 9 21 6 Notification Area zn X zs O — e z v — Opposed: 2 (6.35%) uEC ,� O8 sarr „ PF20PERTY 21 " ,4 q�R f Istq5 1.V H�,yy�s HpR In Favor: 1 BF�r 2615 _ 27 n CCuua � SpRHR 06� FjS<AHp�` R 7 UDC Requirements M'RRo Buffer Yards: CG-1 to RS-6: Type C: 15' & 15 pts. oy: . a Setbacks: p Street: 20 feet e Side & Rear: 10 feet suarecr �� � Parking: PgoPeR,rr `°'� Car Wash: 2 per bay Landscaping, Screening, and Lighting Standards �,y r R+, Uses Allowed: Retail, Offices, Vehicle Sales, Bars, Car Washes, and Storage. Utilities Water: ' = 6-inch C900 Wastewater: �._ . 8-inch VCP SUBJECT T PROPERTY Gas: £ j 2-inch service line Storm Water: Roadside Drainage F ,, El mus c� G� U AGENDA MEMORANDUM NGRPH FZ E 1852 Public Hearing/First Reading for the City Council Meeting of September 8, 2020 Second Reading Ordinance for the City Council Meeting of September 15, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Ordinance of the Proposed FY 2020-2021 Budget CAPTION: Ordinance Adopting the City of Corpus Christi Operating Budget and the Capital Improvement Program Budget for the Fiscal Year 2020-2021, Beginning October 1, 2020; Authorizing personnel complements; appropriating funds as provided in the budget. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed amended expenditures of$946,283,848 and total proposed amended revenues of$917,596,740 which includes an increase of$755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing amended expenditures of$946,283,848 and total proposed amended revenues of$917,596,740 which includes an increase of$755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. This budget will raise more total property taxes than last year's budget by $755,027 (General Fund $451,903, Debt Service Fund $256,392, Residential Street Reconstruction Fund $46,732), or .58%, and of that amount an estimated $608,685 is tax revenue to be raised from new property added to the tax roll this year. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed expenditures are $946,283,848 and total proposed revenues are $917,596,740 which includes an increase of$755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the FY2020-2021 Proposed Budget as amended by the schedule of adjustments with total proposed amended expenditures of $946,283,848 and total proposed amended revenues of $917,596,740 which includes an increase of $755,027 in property tax revenues over the prior year for operating and $259,915,560 for the Capital Improvement Program. LIST OF SUPPORTING DOCUMENTS: FY 2020-2021 Budget Ordinance Schedule of Adjustments ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET AND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR 2020- 2021 BEGINNING OCTOBER 1, 2020; AUTHORIZING PERSONNEL COMPLEMENTS; PROVIDING FOR COPY TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council an operating budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2020, and ending September 30, 2021, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Operating Budget of the City of Corpus Christi, covering proposed expenditures amounting to$946,283,848 and estimated revenues amounting to $917,596,740 for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Operating Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Operating Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 393* Police Lieutenant - 39 Police Captain - 15 Deputy Chief- 5 Assistant Police Chief- 3 Police Chief- 1 FY20-21 TOTAL 456 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 98* Firefighter 11 —EMS — 145 Firefighter 11 — Engineer - 73 Fire Captain - 79 Battalion Chief- 13 Assistant Fire Chief- 4 Deputy Fire Chief- 1 Fire Chief- 1 FY20-21 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That the number of City-funded personnel positions (excluding grant funded positions) in all City-funded Departments shall not exceed the total number by indicated fund, as set forth in the FY 2020 -2021 Budget. SECTION 6. That the Fiscal Year 2020-2021 Capital Budget and Capital Improvement Planning Guide in the amount of$259,915,560 is hereby approved. A copy of the Fiscal Year 2020—2021 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. SECTION 7. That upon final passage of this budget ordinance, a true certified copy of the budget shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. 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 Schedule of Adiustments City of Corpus Christi Amendments to the FY 2020-2021 Proposed Budget TOTAL PROPOSED REVENUES $ 911,677,209 TOTAL PROPOSED EXPENDITURES $ 934,122,612 General Fund- 1020 Proposed Revenues $ 264,104,252 Adiustments: Increase City Sales Tax 42,533 After Hour Kid Power 45,000 Total Adjusted Revenues 264,191,785 Proposed Expenditures $ 265,304,252 Adiustments: Increase Central Library Books and Periodicals 35,000 Increase Park Operations Professional Services 75,000 Decrease NCAD/NC-Administrative Professional Services (70,000) Increase Transfer to Street Fund 2,400 Increase Transfer to Residential Services 133 After Hour Kid Power 45,000 Total Adjusted Expenditures 265,391 785 ENTERPRISE FUNDS Water Fund-4010 Proposed Revenues $ 132,491,408 Adiustments: Increase ICL Residential 4,000,000 Increase ICL Commercial 3,900,000 Increase ICL Large Volume Users 500,000 Total Adjusted Revenues 140,891,408 Proposed Expenditures $ 135,283,564 Adiustments: Added for Impact Fee Study 400,000 Increase Transfer to Storm Water Fund 8,483,148 Total Adjusted Expenditures 144,1 712 Wastewater Fund-4200 Proposed Expenditures $ 70,032,943 Adiustments: Increase WW Collections Major Maint&Repair 541,946 Decrease Transfer to Utility System Debt Fund (636,686) Added for Impact Fee Study 400,000 Total Adjusted Expenditures 70,338,203 Storm Water Fund-4300 Proposed Revenues $ 16,919,861 Adiustments: Removed Storm Water Fees- Residential (5,531,013) Removed Storm Water Fees- Non-Residential (2,952,136) Inrease Transfer from Other Funds 8,483,148 Total Adjusted Revenues 16,919 860 Proposed Expenditures $ 17,402,981 Adiustments: Removed WW Collections Major Maint&Repair (541,946) Total Adjusted Expenditures 16,861 035 INTERNAL SERVICE FUNDS Engineering Fund-5310 Proposed Revenues $ 10,604,400 Adiustments: Decrease resulting from decrease in expenditures (1,933,848 Total Adjusted Revenues 8,670 552 Proposed Expenditures $ 11,075,573 Adiustments: Decrease to Salaries&Wages1 896 453 Total Adjusted Expenditures 9,17 120 SPECIAL REVENUE FUNDS Street Maintenance Fund-1041 Proposed Revenues $ 34,188,812 Adiustments: Increase to Transfer from General Fund 6% Policy 2,400 Total Adjusted Revenues 34,191,212 Residential Street Reconstruction Fund- 1042 Proposed Revenues $ 9,718,537 Adiustments: Increase to Transfer from General Fund 133 Total Adjusted Revenues 9,718,670 Development Services-4670 Proposed Expenditures $ 8,214,622 Adiustments: Added for Renovations to Frost Building and 2 Compliance Inspectors 2,250,000 Added for Master Planning &Impact Fee Study 700 000 Total Adjusted Expenditures 11,1 622 DEBT SERVICES FUNDS Water System Debt Fund-4400 Proposed Expenditures $ 20,988,179 Adiustments: Increase to Principal Retired 588,234 Increase to Interest 86,797 Total Adjusted Expenditures 21,663,210 Wastewater System Debt Fund-4410 Proposed Revenues $ 19,986,155 Adiustments: Decrease Transfer to Debt (636,686) Total Adjusted Revenues 19,349 469 Proposed Expenditures $ 19,938,023 Adiustments: Increase to Principal Retired 1,024,014 Decrease to Interest (1,660,700 Total Adjusted Expenditures 19,301 337 Storm Water System Fund-4430 Proposed Expenditures $ 14,666,277 Adiustments: Increaase to Principal Retired 1,625,595 Increase to Interest 709,754 Total Adjusted Expenditures 17,001 626 TOTAL PROPOSED AMENDED REVENUES $ 917,596,740 TOTAL PROPOSED AMENDED EXPENDITURES $ 946,283,848 City of Corpus Christi-Budget Summary of Full-time Equivalents 2020-2021 UPDATED Original 2018-2019 2019-2020 FTE FTE Regular Regular Staffing Fund/Department FTE FTE Total Total Full-time Part-time Changes General Fund Office of the Mayor 2.00 2.00 2.00 2.00 - - City Council - - - - - - City Secretary 6.00 6.00 6.00 6.00 - - City Auditor 4.00 4.00 4.00 4.00 - - City Manager 4.75 6.75 10.00 10.00 - 3.25 Assistant City Managers 2.00 - - - - - Intergovernmental Relations 1.00 1.00 1.00 1.00 - - Communication 7.00 7.00 7.00 7.00 - - Call Center - - 26.00 26.00 - 26.00 Legal 27.00 27.00 21.00 21.00 - (6.00) Finance 47.00 47.00 49.00 49.00 - 2.00 Office of Management&Budget 5.00 8.00 9.00 9.00 - 1.00 Office of Strategic Management 2.00 2.00 2.00 2.00 - - Human Resources 17.00 17.00 22.00 22.00 - 5.00 Municipal Court 68.84 68.84 68.84 60.00 8.84 - Fire 429.00 430.00 430.00 430.00 - - Civilian 15.00 16.00 16.00 16.00 - - Sworn Firefighters 414.00 414.00 414.00 414.00 - - Police 573.32 580.32 502.97 501.00 1.97 (77.35) Civilian 193.32 195.32 114.97 1= 113.00 1.97 (80.35) Sworn Officers 380.00 385.00 388.00 388.00 - 3.00 Animal Control 33.00 35.00 35.00 35.00 - - Code Enforcement 22.00 23.00 24.00 24.00 - 1.00 Health District 29.97 29.97 29.50 29.00 0.50 (0.47) Library 50.63 53.63 55.13 45.00 10.13 1.50 Parks&Recreation 253.60 263.14 263.14 167.00 96.14 - Solid Waste 155.62 170.62 178.00 179.00 178.00 - 7.38 Housing and Community Development 2.00 2.00 - - - (2.00) Comprehensive Planning 4.00 4.00 5.00 4.00 5.00 - 1.00 General Fund Total 1,746.73 1,788.27 1,750.58 1,748.58 1,633.00 117.58 (37.69) Enterprise Funds Water Fund 4010 260.40 302.00 295.00 295.00 - (7.00) Gas Fund 4130 149.00 149.00 148.00 148.00 - (1.00) Wastewater Fund 4200 159.00 198.00 218.00 218.00 - 20.00 Storm Water Fund 4300 82.00 92.00 100.00 98.00 100.00 - 8.00 Airport Fund 4610 82.00 82.00 81.00 81.00 - (1.00) Marina Fund 4700 15.00 15.00 15.00 15.00 - - Enterprise Funds Total 747.40 838.00 857.00 855.00 857.00 19.00 Internal Service Funds Contracts and Procurement Fund 5010 21.00 28.00 31.00 31.00 - 3.00 Asset Management-Fleet Fund 5110 59.00 59.00 58.00 58.00 - (1.00) Asset Management-Facilities Fund 5115 22.00 24.00 53.00 53.00 - 29.00 Information Technology Fund 5210 93.00 93.00 79.00 79.00 - (14.00) Engineering Services Fund 5310 67.00 72.00 77.00 76.00 1.00 5.00 Risk Management Administration Fund 5613 14.00 14.00 13.00 13.00 - (1.00) Health Benefits Administration Fund 5618 7.00 7.00 7.00 7.00 - - Internal Service Funds Total 283.00 297.00 318.00 319.00 317.00 1.00 21.00 Special Revenue Funds State Hotel Occupancy Tax Fund 1032 15.70 22.02 21.90 15.00 6.90 (0.12) Juvenile Case Manager Fund 1037 2.00 2.00 2.00 2.00 - - Street Maintenance Fund 1041 132.00 137.00 138.00 138.00 - 1.00 MetroCom Fund 1048 - - 81.35 79.00 2.35 81.35 Civilian - - 79.35 77.00 2.35 79.35 Sworn Officers - - 2.00 2.00 - 2.00 Development Services Fund 4670 63.50 65.50 62.50 Pq 61.00 1.50 (3.00) Visitors Facilities Fund 4710 13.00 13.00 13.00 13.00 - - Local Emergency Planning Fund 6060 1.00 1.00 1.00 1.00 - - Crime Control Fund 9010 63.00 63.00 63.00 63.00 - - Civilian - - - - - - Sworn Officers 63.00 63.00 63.00 63.00 -Special Revenue Funds Total 290.20 303.52 382.75 380.75 372.00 10.75 79.23 Operating FTE's 3,067.33 3,226.79 3,308.33 3,303.33 3,179.00 129.33 81.54 Grant FTE's 91.00 94.48 94.60 93.00 94.60 - 0.12 Total City FTE's 3,158.33 3,321.27 3,402.93 3,394.33 3,273.60 129.33 81.66 0 `'4S p'� ,., NCORP P Ry EO xss2 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 8, 2020 DATE: August 26, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 Public Hearing and First Reading on Fiscal Year 2020-2021 Ad Valorem Tax Rate CAPTION: Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no-new-revenue tax rate. SUMMARY: The section 26.05(d) of the Local Government Code requires that one public hearing be held when a taxing unit proposes a tax rate that exceeds either the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.646264 per $100 valuation for Fiscal Year (FY) 2020-2021. This tax rate is the same as the FY 2019-2020 tax rate. While this rate will produce more tax revenue due to increased appraised values, the tax rate remains the same. As this rate exceeds either the no-new-revenue tax rate (formally the effective tax rate) of $0.632600 per $100 valuation, or the voter-approval tax rate (formally the roll-back tax rate) of $0.654743 per $100 valuation, the Property Tax Code requires that the governing body schedule one public hearing on the proposal. The public hearing for the FY 2020-2021 proposed tax rate, as well as the first reading of the ordinance for adoption of the FY2020-2021 tax rate will be held on September 8, 2020 during the regular City Council meeting beginning at 11:30 am. The vote for the final adoption of the tax rate will be held at the September 15, 2020 City Council meeting. ALTERNATIVES: Per section 26.05(d) of the local government code, a public hearing is required when the proposed tax rate the exceeds the no-new-revenue rate. If the choice is made to not hold a public hearing, the no-new-revenue rate of $0.632600 or a lower rate must be adopted. FISCAL IMPACT: We anticipate generating estimated total tax revenues of $130,949,745 for the City. Of this total amount, $44,467,848 is first allocated for debt service or Interest and Sinking (I&S) and the difference of $86,481 ,897 is allocated to the General Fund for Maintenance and Operations (M&O). Of the amount allocated to the General Fund, $8,105,031 , the equivalent of $.04 of the tax rate, will be transferred from the General Fund to the Streets Fund for Residential Streets. RECOMMENDATION: Staff recommends approval of the FY 2020-2021 Ad Valorem Tax Rate of $0.646264 per $100 valuation on September 15, 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively a 2.16% increase over the no-new-revenue tax rate. WHEREAS, this tax levy is in accordance with the Fiscal Year 2021 operating budget adopted on September 15, 2020; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2020 as follows: $0.426806 for the purpose of maintenance and operation 0.219458 for payment of principal and interest on debt $0.646264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1 .48% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.24. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2020 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.426806 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Four cents ($0.04) per one hundred dollars ($100.00) shall be dedicated for residential street reconstruction in accordance with Article VIII, Section 1(c) of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2020 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.219458 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2020-2021 Principal Interest & Fees Total 2010 CO's -Convention Center $150,000 $71,951 $221,951 2012 General Obligation - Streets $2,235,000 $1,457,244 $3,692,244 2012 Public Property Contractual $645,000 $50,724 $695,724 Obligations 2012 Combination Tax & Surplus $215,000 $93,788 $308,788 Airport CO's 2012A General Obligation - Airport $885,000 $53,244 $938,244 2012B General Obligation (Airport) $55,000 $309,072 $364,072 2012C General Obligation $3,445,000 $288,650 $3,733,650 2012D General Obligation $8,495,000 $996,162 $9,491,162 2013 General Obligation $3,575,000 $1,126,875 $4,701,875 2014 Public Property Financial $750,000 $109,312 $859,312 Obligation 2014 Tax Notes $1,215,000 $9,356 $1,224,356 2015 GO Refunding 2007A & 2009 $5,880,000 $2,804,100 $8,684,100 2015 GO's (Funding Bond 2014) $3,570,000 $3,371,800 $6,941,800 2015 Taxable CO's - Landfill $415,000 $298,519 $713,519 2016 CO's (Facilities) $85,000 $57,963 $142,963 2016A GO's Refunding - Streets $405,000 $126,925 $531,925 2016A GO's Refunding - TMPC $730,000 $93,274 $823,274 Page 2 of 4 Principal Interest & Fees Total 2016 Tax & Limited Pledge CO's - $650,000 $530,300 $1,180,300 Streets 2017 Tax & Limited Pledge CO's - $240,000 $51,899 $291,899 Landfill 2018 General Obligation $0 $817,750 $817,750 2018A Combination Tax & Limited $0 $683,400 $683,400 Pledge CO's 2018B Combination Tax & Limited $275,000 $291,367 $566,367 Pledge CO's - Taxable 2019A General Obligation - Parks $750,000 $166,464 $916,464 2019B Combination Tax & Surplus $120,000 $98,304 $218,304 Airport CO's 2020A General Obligation $2,015,000 $4,016,673 $6,031,673 2020C General Obligation $1,000,000 $1,448,739 $2,448,739 Refunding Bonds, Taxable Total required for FY 2021 debt $37,800,000 $19,423,852 $57,223,855 service Less: Transfers for self- supporting debt ($10,446,427) Less: Amount to be paid from unencumbered fund balance ($2,874,771) Total to be paid from taxes in FY $43,902,657 2021 In addition to the ad valorem tax levy for debt service totaling $43,902,657 the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2020 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1 , 2021 , except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a Page 3 of 4 court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 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 Public Hearing and First Reading of the FY 2021 Tax Rate Ordinance I City Council Presentation September 8, 2020 FY 2021 Tax Rate Proposed Tax Rate $0 . 646264,s,00 ,.,uation This tax rate is the same tax rate adopted for FY 2020 but will produce more revenue due to increased appraised values No New Revenue Rate Voter Approval Rate (formally the effective tax rate) (formally the roll back rate) Rate that effectively produces Rate that is 3.5% higher than the the same revenue as last year No New Revenue Rate and requires voter approval if proposed tax rate is above this rate $0.632600isloovaluation $0.6547431slooval,ation PropertyTax Dollar ' 'IV p)' 10MAN5 M, Pi THIS NOTE IS LEGALTENRER bbbb i - MR ALL DEBTS,PUBLIC AND PRIVATE C 1 2 3„2 5 1 ✓ U 1 VASHMGTON..U.C. �3 3 3 ,� j1 � C 81230251 D - G- 3 $86,481,897 or 66.05% Residential Streets $44,467,848 or 33.95% Maintenance and Operations The equivalent of Interest and Sinking (M&O) $•04,or$8.1M,will (I&S) be allocated from M&O Debt Service for existing debt Next Steps September 15, 2020 Second Reading and Adoption of the FY 2021 Property Tax Rate Questions ? Public Hearing and First Reading of the FY2021 Tax Rate Ordinance ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I Ordinance for the City Council Meeting of September 8, 2020 1852 Second Reading for the City Council Meeting of September 15, 2020 DATE: August 25, 2020 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance to ratify increase of $755,027 in property tax revenues CAPTION: Ordinance ratifying the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of$755,027. SUMMARY: This item is to adopt the budget with the increase of$755,027 in property tax revenues for the upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. The City of Corpus Christi is proposing a budget with an increase of$755,027 in property tax revenue from last year's operating budget. The $755,027 breakdown is General Fund $451,903, Debt Service Fund $256,392, Residential Street Reconstruction Fund $46,732, or .58%, and of that amount an estimated $608,685 is tax revenue to be raised from new property added to the tax roll this year. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed revenues are $917,551,740 which includes an increase of$755,027 in property tax revenues over the prior year. RECOMMENDATION: To adopt budget with the increase of$755,027 in property tax revenues for the upcoming fiscal year as per charter requirement. LIST OF SUPPORTING DOCUMENTS: FY 2020-2021 Ordinance to ratify Ordinance ratifying the property tax increase reflected in the FY 2020- 2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019-2020 Operating Budget in amount of$755,027. Whereas, the City Council has, on the same date as and prior to its consideration and adoption of this Ordinance, adopted by separate Ordinance the budget of the City of Corpus Christi for the FY 2020 — 2021 ; and Whereas, the FY 2020 -2021 budget will require raising more revenue from property taxes than in the budget of the City of Corpus Christi for FY 2019- 2020; and Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget, and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; and Whereas, in order to comply with that provision, it is necessary for the City Council to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the requirements of Section 102.007 (c), Texas Local Government Code, the property tax increase reflected in the FY 2020-2021 Operating Budget that will require raising more revenue from property taxes than in the FY 2019- 2020 Operating Budget in the amount of $755,027 is hereby ratified. 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: City Secretary Mayor Rebecca Huerta Joe McComb so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of September 8, 2020 1852 Second Reading Ordinance for the City Council Meeting of September 15, 2020 DATE: August 10, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com 886-2604 Accepting and Appropriating the 2021 Selective Traffic Enforcement Program Grant Funds from the Texas Department of Transportation CAPTION: Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 in the Police Grants Fund. PURPOSE: This ordinance authorizes the acceptance of a grant and appropriation of funds from the 2021 Selective Traffic Enforcement Program Grant to increase traffic enforcement. The grant funds will provide overtime funding for police officers and a City match will fund fringe benefits and department expenses. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities by local law enforcement to reduce automotive accidents by focusing enforcement efforts on high crash areas. Corpus Christi has been identified as a city that has an issue with DWI and speeding violations. TxDOT is providing the City of Corpus Christi Police Department with a grant in an amount of $174,637.00 to continue the STEP program in FY 2021 and the City is matching the grant with $57,682.22 in fringe benefits and fuel from the Police General Fund budget for a total of $232,319.22. The grant will be used to provide overtime funding to police officers to enforce DWIs, speed violations, and distracted driving across the City within varied days of the week and hours of operation. The grant amount has been about the same amount each year. The grant is for a one-year period beginning on October 1 , 2020 and ending September 30, 2021 . The Police Department has received funding through the STEP program for over 20 years. ALTERNATIVES: Not accept the grant and not provide additional enforcement for DWI and speed violations. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of grant funds in an amount of $174,637.00 to the Police Grants Fund and a City match in an amount of $57,682.22 in fringe benefits and fuel to be funded from the Police General Fund. Funding Detail: Fund: 1020 Police General Fund Organization/Activity: 11740 Uniform Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): Account: 511000 Retirement 520050 Fuel and Lubricants RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing the acceptance of grant funds in an amount of $174,637 from the Texas Department of Transportation for the 2021 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of $57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund; and appropriating $174,637 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 from the Texas Department of Transportation (TXDOT) in the amount of $174,637 for the 2021 Comprehensive Selective Traffic Enforcement Project (STEP) to increase traffic enforcement in the City, with a city match of$57,682.22 in fringe benefits and department expenses with funds available from the FY 2021 General Fund, for a total project cost of $232,319.32. SECTION 2. That the $174,637 grant is appropriated in the No. 1061 Police Grants Fund to increase traffic enforcement in the City. 1 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 2 so �o o� A PH v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting September 8, 2020 µoRPORPg4 Second Reading Ordinance for the City Council Meeting September 15, 2020 1852 DATE: August 10, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and appropriating the FY 2021 Automobile Burglary and Theft Prevention Grant to continue the Motor Vehicle Theft Unit in the Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of $715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of$1 ,205,251 .00; and appropriating $395,356.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Motor Vehicle Crime Prevention Authority for salary, benefits, and overtime of three sworn officers, two civilians, and continuance of the public information and education program. The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority (MVCPA) to continue the Motor Vehicle Theft Unit in the Police Department. The MCVPA 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 County 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 public awareness campaign will include advertising on billboards and bench buses. 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 copy machine and office space. The General Fund cash match is for three sworn officers' and two civilian personnel salary, benefits, and overtime who currently work in the auto theft and auto burglary bureau. The City's cash match is also used for vehicle maintenance for nine vehicles as part of the Auto Theft Task Force. Because these funds are neither Federal nor State but collected 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 MVCPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. The grant amount has been slowly reducing in amount over the past five years. The grant award period is September 1, 2020 —August 31 , 2021 . The City has received the grant for 20 years. ALTERNATIVES: If the grant is not accepted, the Police Department will have to seek other grants and funding resources in order to continue related activities. FISCAL IMPACT The Police General Fund will provide a cash match of $746,168 forsworn officers' salaries/benefits and in-kind contribution of $94,660.00. The City cash match in an amount of $62,180 for FY20 is available for the remainder of FY20 from the Police Department General Fund and an amount of $683,988 is included in the proposed budget for the FY21 Police Department General Fund. Funding Detail: 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 accepting and appropriating the item. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in an amount of $395,356.00 to continue the Motor Vehicle Theft Unit activities in the Police Department with a City cash match of$715,235.00 to fund three sworn officers and two civilians, and an in-kind match of office and equipment space $94,660.00 for a total City contribution of $809,895.00 and a total budget of$1,205,251.00; and appropriating $395,356.00 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, the City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or the City Manager's designee is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority (MVCPA) grant in the amount of $395,356 to continue the motor vehicle theft enforcement grant within the Police Department for Year 21 , with a City match of $715,235 to fund three sworn officers and two civilians, in-kind match of $94,660 in the No. 1020 General Fund, for a total project cost of$1 ,205,251 . SECTION 2. That $395,356 from the MVCPA is appropriated in the No. 1061 Police Grants Fund to fund three sworn officers and two civilians and continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That Peter Zanoni, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant. SECTION 4. That Mike Markle, Chief of Police, is designated as the Program Director and Heather Hurlbert, Director of Finance, is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. 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 L. Huerta Joe McComb City Secretary Mayor Motor Vehicle Crime Prevention Authority Esr Lt.Tommy Hansen s Chair o"iP 'rex I CRIMEt'PREVENTIONAshley Hunter Armin Mizani Asst. Chief Mike Rodriguez Insurance Representative Insurance Consumer Representative Law Enforcement Representative AUTHORITY Shay Gause Kit Whitehill Steven C. McCraw Insurance Representative Insurance Consumer Representative Ex Officio Member Major Sharon Jones-Designee Texas Department of Public Safety August 7, 2020 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Via Email: KeithSe(a,cctexas.com Re: FY2O21 Statement of Grant Award and Acceptance Notice Grant Number: 608-21-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Auto Theft and Burglary Prevention Grant Grant Award Amount: $395,356 Grant Term: September 1,2020 to August 31,2021 Dear Mr. Selman, I am pleased to inform you that the City of Corpus Christi has been approved for a grant award awarded by the Motor Vehicle Crime Prevention Authority (MVCPA) in the amount indicated above. The award will be from September 1, 2020 through August 31, 2021. The grant award must be officially accepted by signing the enclosed Statement of Grant Award and uploading the signed Statement of Grant Award in GMTS within 30 days from the date received. The revised grant application is currently locked and still needs to be submitted through the Grant Management and Tracking System (https:Hmvcpa.tamu.edu/). If any additional changes need to be made to this application, please send a request to GrantsMVCPA@txdmv.gov and we will reopen the application. The Resolution previously adopted by the governing body and submitted needs to be updated to meet grant requirements. A sample Resolution is attached that meets all criteria for your consideration. Please upload the corrected Resolution with the signed SGA We look forward to working with you to combat and reduce motor vehicle crime. Any questions relating to the administration of this grant should be directed to our office. Please do not hesitate to contact me should you require further assistance with this matter. I can be reached at Bryan.Wilson(a txdmv.gov or (512)465-4012. Sincerely, Bry an E. Wils on Director Copy via email: all agency designated grant officials 4000 Jackson Avenue—Austin,Texas 78731 —512/465-1485 Fax 512/465-3775 'lexasl7rpartment www.txwatchyourcar.com <f�Sotor Vchicics �E=rqr Q1:e1r 1 1' PREVENTIONCRIME I AUTHORITY FY21 Motor Vehicle Crime Prevention Authority(MVCPA) Statement of Grant Award and Grantee Acceptance Notice Grant Number: 608-21-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Auto Theft and Burglary Prevention Grant Grant Award Amount: $395,356 Total Cash Match Amount: $715,235 Reimbursement Percent: 35.60% In-Kind Match Amount: $94,660 Grant Term: September 1,2020 to August 31,2021 That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Application issued on April 19, 2019 to the Motor Vehicle Crime Prevention Authority, State of Texas, entitled Corpus Christi Auto Theft and Burglary Prevention Grant, and further identified by grant number 608-21-1780200; and Whereas, the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY21 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated August 7,2020;and Whereas, the Grantee desires to accept the FY21 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code, Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Uniform Grant Management Standards (UGMS) as promulgated by the Texas Comptroller of Public Accounts; • The Request for Applications issued on April 19, 2019; • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attachedto this Statement of Grant Award; • The certification of compliance; and • The Approved Grant Budget Summary: Approved Grant Budget Summary MVCPA Cash Match Total In-Kind Personnel $324,410 $312,664 $637,07 $ Fringe $6,204 $371,783 $377,98-/ $ Overtime $16,220 $12,000 $28,22C Professional and Contract Services 0 0 $49,708 Travel 0 E ui ment 0 0 Supplies and Direct OperatinIi4 $48,522 $18,788 $67,3_L( $44,952 Total $395,356 $715,235 $1,110,591 $94,660 *Reimbursement Percent:35.60%- $395,356 MVCPA Amt./$1,110.592 (MVCPA Amt.plus$715,235 —Cash Match minus$0 amt.in Lieu of) FY21 MVCPA Statement of Grant Award and Grantee Acceptance Page 1 of 2 Now, therefore, the Grantee accepts the FY21 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above-referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the MVCPA Grant Administrative Guide promulgated for this specific program fund (referenced above) by the Motor Vehicle Crime Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements (MVCPA will only apply special conditions to applicable jurisdictions): XX Border Security Report Requirement—Grantees that receive Motor Vehicle Crime Prevention Authority funds and which are located along the United States of America border with the United States of Mexico and those that are adjacent to the Gulf Intracoastal Waterway are required to provide an additional report as required by the General Appropriations Act,page IX-38 Section 7:11 (b) 3; 861h Texas Legislature, Regular Session. The Governor or Legislative Budget Board may request additional information regarding the report data during the term of the grant. XX Resolution Re quire d—A Resolution must be adopted by the governing body and provided with the signed SGA. At a minimum the Resolution must state the jurisdictions authority to apply for the grant for the statutory purposes in Transportation Code Chapter 1006, provide that funds shall be returned in the event of loss or misuse and designate grant officials. APPROVED AND ACCEPTED BY: Authorized Official Printed Name and Title Date Signed FY21 MVCPA Statement of Grant Award and Grantee Acceptance Page 2 of 2 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Program Title Please enter a short description of the proposed program that can be used as the title. Corpus Christi Auto Theft and Burglary Prevention Grant Which type of grant are you applying for? Continued Grant - Only available to agencies that have a 2020 grant. These are annual competitive grants for the program described in the application. The program must be submitted for substantially the same program as the previous year. The requested funds, match funds, and in-kind match must be within 5% of the previous year but in any event may not go below the 20% minimum cash match requirement. The number of staff positions must be within 5% of the total positions. Awarded activities are funded on a reimbursement basis. To be eligible for consideration for funding, a program must be designed to support one or more of the following MVCPA program categories. • Law Enforcement, Detection and Apprehension • Prosecution, Adjudication and Conviction • Prevention, Anti-Theft Devices and Motor Vehicle Registration • Reduction of the Sale of Stolen Vehicles or Parts • Education Programs and Marketing Grant Participation and Coverage Area • Other Coverage (Describe): Corpus Christi, Texas, Nueces County, San Patricio and the Port of Corpus Christi. • Law Enforcement Grant Participating and coverage agencies below. Participating Agencies: agencies that will materially participate in the grant application through the use of interlocal agreements. The agencies selected in this list only includes agencies that will receive or provide funding and/or resources. The interlocal agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended. Coverage Agencies: agencies that will be covered by the grant but not materially participating in the grant application. These agencies will not be covered by a grant interlocal agreement but as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant. The agencies selected in this list only includes agencies that will be covered or where the chief of police or county sheriff indicates that their agency will coordinate or call upon the taskforce. These will not directly receive or provide funding and/or resources. Letters of support with the application from the participating agencies are strongly recommended. Participating Agencies Coverage Agencies TX1780200 CORPUS CHRISTI PD (MIP) TX1780000 NUECES CO SO TX2050000 SAN PATRICIO CO SO • National Insurance Crime Bureau (NICB) Used as Match (Documentation and time certification required.) https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 1/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov. Grant Budget Summary Cash MVCPA Match Total In-Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $324,410 $312,664 $637,074 Fringe $6,204 $371,783 $377,987 Overtime $16,220 $12,000 $28,220 Professional and Contract Services $0 $49,708 Travel $0 $0 Equipment Supplies and Direct Operating Expenses $48,522 $18,788 $67,310 $44,952 (DOE) Total $395,356 $715,235 $1,110,591 $94,660 180.91% The maximum award for this grant is $395,356. Description Subcategory Pct MVCPA Cash Total In-Kind Time Funds Match Match Personnel DETECTIVE 1 Investigator/LEO 100.00% $0 $80,063 $80,063 DETECTIVE 2 Investigator/LEO 100.00% $0 $80,063 $80,063 DETECTIVE 3 Investigator/LEO 100.00% $0 $76,269 $76,269 DETECTIVE 4 Investigator/LEO 100.00% $0 $76,269 $76,269 LIEUTENANT 1 Investigator/LEO 100.00% $88,435 $88,435 DETECTIVE 2 Investigator/LEO 100.00% $80,063 $80,063 DETECTIVE 3 Investigator/LEO 100.00% $80,063 $80,063 GRANT ADMINISTRATOR 4 Administrative / 100.00% $36,554 $36,554 Support CRIME ANALYST 5 Crime Analyst/LE 100.00% $39,295 $39,295 Professional Total Personnel $324,410 $312,664 $637,074 Fringe LIEUTENANT 1 Investigator/LEO $690 $48,582 $49,272 DETECTIVE 2 Investigator/LEO $690 $46,322 $47,012 DETECTIVE 3 Investigator/LEO $690 $46,671 $47,361 GRANT ADMINISTRATOR 4 Administrative / $689 $25,550 $26,239 Support CRIME ANALYST 5 Crime Analyst/LE $689 $26,272 $26,961 Professional DETECTIVE 1 Investigator/LEO $689 $46,299 $46,988 DETECTIVE 2 Investigator/LEO $689 $46,455 $47,144 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 2/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Description Subcategory Pct MVCPA Cash Total In-Kind Time Funds Match Match DETECTIVE 3 Investigator/LEO $689 $43,068 $43,757 DETECTIVE 4 Investigator/LEO $689 $42,564 $43,253 Total Fringe $6,204 $371,783 $377,987 Overtime LIEUTENANT 1 Investigator/LEO $3,244 $3,244 DETECTIVE 2 Investigator/LEO $3,244 $3,244 DETECTIVE 3 Investigator/LEO $3,244 $3,244 GRANT ADMINISTRATOR 4 Administrative / $3,244 $3,244 Support CRIME ANALYST 5 Crime Analyst/LE $3,244 $3,244 Professional DETECTIVE 1 Investigator/LEO $0 $3,000 $3,000 DETECTIVE 2 Investigator/LEO $0 $3,000 $3,000 DETECTIVE 3 Investigator/LEO $0 $3,000 $3,000 DETECTIVE 4 Investigator/LEO $0 $3,000 $3,000 Total Overtime $16,220 $12,000 $28,220 Professional and Contract Services NICB SPECIAL AGENT NICB - personnel 40.00% $0 $49,708 Total Professional and $0 $49,708 Contract Services Travel $0 $0 $0 $0 Total Travel $0 $0 Equipment Total Equipment Supplies and Direct Operating Expenses (DOE) A. OFFICE SUPPLIES $10,000 $10,000 B. COMMUNICATIONS $2,470 $2,470 C. PUBLIC AWARENESS $12,236 $12,236 D. POSTAGE $500 $500 E. FUEL $13,916 $13,916 F. RENTAL SPACE $0 $11,030 G. COPIER SUPPLIES $0 $2,989 H. CONFIDENTIAL FUNDS $500 $500 I. MISC. TOOLS $3,000 $3,000 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 3/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Description Subcategory Pct MVCPA Cash Total In-Kind Time Funds Match Match J. VEHICLE MAINTENACE $0 $18,788 $18,788 K. REGISTRATION/MEMBERSHIP $4,700 $4,700 FEES L. COVER TRACKER $1,200 $1,200 M. FRINGE ADJUSTMENT $0 $30,933 Total Supplies and Direct $48,522 $18,788 $67,310 $44,952 Operating Expenses (DOE) Budget Narrative https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?AppID=1 47& 4/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative Personnel: Personnel: GRANT PERSONNEL: 1) LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees installation, training and upkeep of LPR program utilized by CCPD. Manage two solely dedicated ATTF pole camera surveillance system program. Ensures goals and objectives of grant are met. $88,435 100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, ABPTA, area law enforcement agencies and media. Ensures MVCPA grant compliance. Develops, coordinates and deliver a full- scale public awareness program. Assists in performance of grant goals and objectives. $36,554. 100% 5) CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. $39,295. 100% CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi- jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. $80,063. 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. $76,269. 100% 4) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. $76,269. 100% https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 5/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative Fringe: Fringe: MVCPA FUNDED PERSONNEL FICA: MVCPA SALARIES: $ 324,410 x 7.65% _ $ 24,817; $24,817 x 25% = $6,204 MVCAP FUNDED $24,817 - $67204 = $17,983 CASH MATCH CORPUS CHRISTI CASH MATCH MVCPA PERSONNEL RETIREMENT: MVCPA SALARIES: $324,410 x 18.69% = $60,632 MVCPA PERSONNEL GROUP INSURANCE: $17,389.26 X 5 STAFF = $ 86,946 MVCPA PERSONNEL SELF INSURANCE: $2,659.25 X 5 STAFF = $ 137296 TOTAL= $100,242 MVCPA PERSONNELPLAIN CLOTHES: $900 PER YEAR x 3 DETECTIVES = $2700 MVCPA PERSON NELCLEANING' $720 PER YEAR x 3 DETECTIVES = $2160 MVCPA PERSONNEL EDUCATION PAY: $3216 VARIES BETWEEN DETECTIVES: MVCPA PERSONNEL LONGEVITY PAY: $11,880 VARIES BETWEEN DETECTIVES: MVCPA PERSONNEL PEACE OFFICER CERTIFICATION VARIES BETWEEN DETECTIVES= $6,150 MVCPA PERSONNEL VISION: $7 x 12 MONTHS x 3 DETECTIVES = $252 MVCPA PERSONNEL SUPPLEMENTAL: $10 x 12 MONTHS x 3 DETECTIVES = $360 MVCPA PERSONNEL DENTAL: $45 x 12 MONTHS x 3 DETECTIVES = $1620 TOTAL = $287338 CASH MATCH PERSONNEL: FICA: CASH MATCH SALARIES: $312,664 x 7.65% = $237919 RETIREMENT: CASH MATCH SALARIES: $312,664 x 18.69% = $58,437 GROUP INSURANCE: $177389.26 X 4 STAFF = $ 69,557 SELF INSURANCE: $2,659.25 X 4 STAFF = $ 10,637 TOTAL= $80,194 CASH MATCH OTHER: PLAIN CLOTHES: $900 PER YEAR x 4 DETECTIVES = $3600 CLEANING: $720 PER YEAR x 4 DETECTIVES = $2880 EDUCATION PAY: VARIES BETWEEN DETECTIVES = $3684 LONGEVITY PAY: VARIES BETWEEN DETECTIVES = $12,600 PEACE OFFICER CERTIFICATION VARIES BETWEEN DETECTIVES = $67600 VISION: $7 x 12 MONTHS x 4 DETECTIVES = $336 SUPPLEMENTAL: $10 x 12 MONTHS x 4 DETECTIVES = $480 DENTAL: $45 x 12 MONTHS x 4 DETECTIVES = $2160 TOTAL = $327340 $247817 + $237919 = $48,736 TOTAL CASH MATCH FICA $607632 + $587437 = $119,069 TOTAL CASH MATCH RETIREMENT $180,437 TOTAL CASH MATCH INSURANCE $60,678 TOTAL CASH MATCH OTHER Overtime: Overtime: Work to be performed with overtime hours are proactive operations, reactive assessments and public awareness. Most covert operations occur in the evening as well as large case breaks and require detectives to work outside the normal business hours. Most public awareness events occur in the evening and weekend hours. The Corpus Christi Auto Theft Task Force is asking for the maximum allowed limit of 5% of MVCPA salaries which equals to $ 167200 and will be combined with $12,000 earmarked for overtime on Cash Match side for a total of $28,220. This amount will cover overtime hours for public presentations, operations and call out investigations. Call out investigations, large case breaks and proactive operations are difficult to for see and apply flexible or variable schedules. Overtime request and approval will be adhered by the Corpus Christi Police Department Policy and Procedure for Overtime Compensation Request Policy # 950. Professional and Contract Services: Professional and Contract Services: INKIND PERSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force. He will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and the US with his use and knowledge of ISO, Carfax, OCRA. He will assist with 68A's and the research associated with trailers we check. He will be a liaison with other agencies within Texas, the US and other NICB agents to help gather information on current trends and help disseminate information about our current trends. He assists with providing instructors, training materials and presentation for yearly TCOLE certified Auto Theft Training class. He assists our agency on a weekly basis with a total 40% of his time with grant investigations. Supplies and Direct Operating Expenses (DOE): Supplies and Direct Operating Expenses (DOE): A) OFFICE SUPPLIES: ($10,000) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 6/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Budget Narrative YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER, PENS, PENCILS, MARKERS, BINDERS, SMALL DESK EQUIPMENT, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($2,470) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTILIZE PHONES, LAPTOPS AND IPADS AND MAINTENANCE FOR POLE CAM 9 CELL PHONES AT MONTHLY OF $205.83 x 12 MONTHS = $2470 (C) PUBLIC AWARENESS: ($12,236) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. BUS WRAP AND ADVERTISMENT ON BUS BENCHES WILL CONTINUE THROUGH OUT THE CORPUS CHRISTI AND SURROUNDING AREAS AND SIGNAGE IN THE PARKING LOTS OF WHATABURGER FIELD. THE PURCHASE OF SPECIALIZED PARKING LOT SIGNAGE FOR OUR TOURSIT DRIVEN DOWNTOWN DISTRICT WILL ALSO BE PART OF PROGRAM. (D) POSTAGE: ($500) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($13,916) - PROJECTED FUEL COSTS AND INCREASES FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE. 9 VEHICLES AND (1) 12 FT. ENCLOSED TRAILER IN ATTF FLEET. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS. BUILDING IS CITY OWNED PROPERTY CALCULATION IS BASED ON MONETARY VALUE NEEDED TO HOUSE AUTO THEFT TASK FORCE OUTSIDE OF MAIN POLICE STATION. (G) COPIER SUPPLIES: ($2,989) - INKIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (H) CONFIDENTIAL FUNDS: ($500) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFTAND AUTO BURGLARY CASES. (1) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS TO INCLUDE BUT NOT LIMITED TO THE FOLLOWING: letter/number stamp sets used in VIN inspections, mirrored sticks to inspect under vehicle, specialized flashlights, night vision scope, rat trap spikes, magnifying self held/clasped glass, vin etching equipment, wire brushes, paint stripper, industrial hand cleaner, rags, tools boxes small and free standing to hold general tools (hammers, screwdrivers, pliers, bolt cutters, etc.), ladders step/extended, vehicle unlock kits, generators, tire inflator, dollies (lightweight/heavy duty), wireless LCD camera to check vehicle tanks for VIN, jack stands. (J) VEHICLE MAINTENANCE: ($18,788) CASH MATCH - CITY OF CORPUS CHRISTI PROVIDES AN ESTIMATED BUDGET OF $2,088 PER VEHICLE TO COVER MAINTENANCE COSTS FOR EVERY VEHICLE IN FLEET (9 VEHICLES ASSIGNED TO AUTO THEFT TASK FORCE) (K) REGISTRATION AND MEMBERSHIP FEES: ($4,700) TAVTI: $150 x 9 = $1350 IAATI: $350 x 9 _ $3150 TCPA: $200 x 1 = $200 (L) COVERT TRACKER :($1200) - 2 MAINTENANCE MAPPING AGREEMENT FOR 12 MONTHS. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 7/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Revenue Indicate Source of Cash and In-Kind Matches for the proposed program. Cash Match Source of Cash Match SALARIES Grantee $324,664 FRINGE Grantee $371,783 SUPPLIES Grantee $18,788 Total Cash Match $715,235 In-Kind Match Source of In-Kind Match NICB SPECIAL AGENT NICB $49,708.00 SUPPLIES AND DIRECT OPERATING EXPENSE Grantee $14,019.00 ADJUSTMENT/FRINGE Grantee $30,933.00 Total In-Kind Match $94,660.00 Statistics to Support Grant Problem Statement Use UCR data 2016 2017 2018 Larceny from a motor vehicle 3095 3339 3483 Larceny from a motor vehicle - Parts 141 175 163 Jurisdictions included in totals Statistics for Area of Jurisdiction Theft of a motor vehicle 656 731 916 Recoveries of Motor Vehicles 669 635 870 Jurisdictions included in totals Statistics for Area of Jurisdiction Provide any additional information or limitations about the data provide above Application Narrative Grant Introduction (Executive Summary) 1.1 Briefly describe the organization and program operation. Provide a high level summary to the intent of the application and how it will affect the local community. (500 words or less) Corpus Christi experienced about 3,339 auto burglaries and 731 auto thefts in 2017. Salvage yards continue to be a problem in Corpus Christi as purchasing vehicles without proper titles becomes more popular, more entities have been identified that need to be addressed and monitored. The City of Corpus Christi has over 3,160 employees with an estimated annual budget of$930 million . The Police Department has 446 sworn officers, 204 civilians and an estimated annual budget of$77 million. The Police Department currently is operating 15 grants with all financial paperwork processed by the City of Corpus Christi Finance Office . All aspects of payroll and other expenditures are prepared at the Police Department and forwarded to the Finance Office . The employees hired under the grant are employees of the City of Corpus Christi Police Department. The hiring followed established policies and practices of the City which has an equal employment opportunity police. The officers hired were covered under the collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Police Officers Association. All of the Task Force officers have been deputized to extend searches throughout Nueces County and work continuously throughout the year with Customs, DPS, MVCPA Task Forces, TXDMV and other surrounding law enforcement agencies. The https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 8/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Auto Theft Task Force continues to use proactive approaches to monitor vehicle thefts and burglaries. Utilizing the crime analyst information, officers are able to provide proactive enforcement such as field and bait operations . In performing these operations, officers utilize technology made available to them with MVCPA grant funding such as bait softwar, live video streaming and VIN readers. The Public Awareness Campaign makes contact with all demographics present in Corpus Christi. It reaches people of different socio-economic status, cultures, backgrounds, ages, physical abilities, educational backgrounds and geographical backgrounds. Grant Problem Statement 2.1 Provide an assessment of the motor vehicle burglary (including theft of parts) problem in the coverage area of this application. Auto burglaries continue to be one of the most committed crimes in Corpus Christi. As provided by UCR, 3,483 cases of auto burglary were reported to have occurred in 2018 in Corpus Christi, making up 29% of all 2018 UCR crimes reported. The most vulnerable locations to auto burglaries are residential areas, making up 47% of the targeted location types. This is followed by multi-family residential locations (apartments, condos, mobile home parks, etc.), which make up 17.35% of the targeted location types. The main items of target for parts and accessories being reported stolen include license plates, tailgates, and tires/rims. These three items stolen make up 53.77% of all parts and accessories reported stolen. Although 2018 shows an increase from 2017, the number of auto burglaries overall continue to be less since the outset of the MVCPA grant in 2001. A considerable number(70%) of the auto burglaries reported in 2018 were also "victim assisted,"in that the victim left the vehicle unlocked. 2.2 Provide an assessment of the motor vehicle theft problem in the coverage area of this application The city of Corpus Christi is located on the Gulf of Mexico 140 miles east of Laredo and 160 miles of north of Brownsville. Due to this prime location, this metropolitan area serves as a major source for the trafficking of stolen vehicles and parts into Mexico. Of the 916 auto thefts reported in 2018, a significant number(63.53%) were "victim assisted," wherein the victim either leaves the vehicle unlocked, leaves the keys in the vehicle, intentionally or not, or the offender has otherwise gained access to the keys. The past three years have shown an average of 768 auto thefts per year and an average of 725 auto theft recoveries. 2.3 Describe the geographical target area intended for this application. Include information about the taskforce governing and command structure. Include a description of the coverage area(s) and the nature of support and agreements supporting this application. This program covers the City of Corpus Christi which lies in Nueces County. The Corpus Christi Auto Theft Task Force responds to all auto thefts and auto burglaries reported to the City of Corpus Christi Police Department. Our ATTF collaborates with Nueces County Sheriffs Department, Precinct Constables and Port of Corpus Christi Police Department when assistance is requested. Our ATTF officers are deputized to allow officers to conduct investigations throughout Nueces County. The Corpus Christi Auto Theft Task Force will be reporting UCR and analyst numbers for the City of Corpus Christi and any cases generated by our task force in response to out of city limit investigations. 2.4 Will the program described in the application cover the community(ies) at large or will all or any part of this program be directed to serve a specific target population? If No or Both, please describe the problem supporting the need for a special target population. The program described in the application will cover the community (ies) at large. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 9/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and Goals Strategies and Activities (GSA). In the following boxes, describe the functions of the proposed program and then complete a fillable form called GSA. MVCPA programs must completely describe the functions they will perform in implementing the program. If Awarded, funds expended towards activities not described in this section will result in the reimbursement being denied. Part 1 3.1 Functions of the Proposed Program Related to Burglary of a Motor Vehicle With the help of this grant, the Corpus Christi Auto Theft Task Force will conduct field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information that will lead to apprehension of suspects. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns. These reports will be used in suspect linking and will provide an insight to beat officers of auto crimes being committed in their areas. Bait operations will also be conducted and apprehend thieves. The addition of pole cameras used for surveillance have proved successful in detection and apprehension offenders.The public awareness campaign will continue to promote awareness at apartment complexes, fitness facilities, shopping centers, neighborhoods and many other entities. Promotion of prevention techniques is critical to the continuous decrease in auto crime numbers. The program is aimed correctly at fighting auto crimes and educating citizens. Reduce the incident of Theft from a Motor Vehicle.Objective 1: (15) Initiate bait vehicle operations Objective 2. (50) Issue crime analysis bulletins for INTEL sharing with task force and patrol Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto burglary. Objective 1: Educational outreach events to include (35) trade show exhibits, booths at community events, vehicle displays and brochure drop-offs. Participation in public awareness events to include (25) educational presentations to citizens (10) Trailer VIN Stampings replace VIN etchings (1) Purchase of advertisement via RTA for bus wrap and bus bench wraps (25) postings utilizing social media outlets (Facebook, Twitter, Instagram) (1) Deployment of outdoor public signage (RTA buses and or bus benches) number of deployments per month Conduct media outreach including PSA's, press releases and interviews Objective 2. (1) Conduct 1 day INTEL sharing for officers throughout state. NICB/MVCPA Auto Crime Training (class FY2019 completed with 75 attendees) earing TCOLE credits *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals were not minimized. If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. Objective 3. (5) Conduct auto burglary INTEL and investigative techniques sharing with patrol officers NON-TCOLE The number of persons arrested from auto burglary Objective 1. (15) Conduct bait vehicle operations Objective 2. (120) Continuously update offender databases The clearance rate of auto burglary cases Objective 1. (300) Clear auto burglary cases Objective 2. (75) File auto burglary cases Objective 3. (12) Multi jurisdictional auto burglary collaborations for case closure *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 10/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 goals were not minimized. If Covid-19 continues into FY21 our public awareness events that require public interaction will be modified with digital marketing. 3.2 Functions of the Proposed Program Related to Theft of a Motor Vehicle The funding by MVCPA will enable the Corpus Christi Auto Theft Task Force to place in motion the following proactive operations to combat the theft of motor vehicles in our city. By conducting salvage yard inspections, the selling of vehicles without proper licenses and titles can be focused upon where many cases have resulted in altered vehicle identification numbers. Field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information often lead to apprehended suspects. As of July 2019 there has been a decline in theft of a motor vehicle versus this time last year. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns. These reports will be used in suspect linking and will provide an insight to beat officers of auto crimes being committed in their areas. The addition of a bait vehicle to our fleet will enable bait operations to detect and apprehend thieves. Public awareness plays a significant role in deterring auto thefts. Public awareness events are planned throughout the year. These events range anywhere from promotional booths, health fairs, city functions, presentations, moving ads on RTA buses, media interviews and placements, VIN trailer stamping events, news letter Initiatives, Neighbors on Watch meetings and miscellaneous meetings with civic groups. The campaign will also coordinate with existing community programs to discuss area problems and possible solutions. Press releases, news conferences, public service announcements and interviews will be scheduled throughout the year as needed. Educating our patrol division is a necessity as they are the first responders on the streets. Classes are planned to educate patrol on auto theft intelligence and investigation techniques. A statewide class is also planned to bring in other task forces to network for intelligence sharing of trends within their perspective areas. Class topics are chosen that are most relevant to the need at the time of the class. Topics range from salvage yards, trailer inspections, VIN identifications, heavy equipment, motorcycles, all terrain vehicles, water craft and also the growing problem with title fraud and purchasing of vehicles with fictitious documentation. Reduce the incident of Motor Vehicle Theft. Objective 1. (15) Initiate bait operations Objective 2. (5) Conduct salvage yard inspections Objective 3. (12) Conduct field operations Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto theft. Objective 1. (100) Work public awareness events Objective 2. (1) Conduct 1 day INTEL sharing for officers throughout state Objective 3. (4) Conduct auto theft INTEL and investigative techniques sharing with patrol officers Help increase the recovery rate of stolen motor vehicles. Objective 1. (300) Inspect vehicles - 68A inspections, Salvage yards (5)*Due to Covid-19 and the possibility that it will continue to be a challenge into FY21' our target goals will be modified for these target numbers. Objective 2. (12) Utilize License Plate Reader Objective 3. (50) Issue crime analysis bulletins for INTEL sharing with patrol officers The number of persons arrested from motor vehicle theft. Objective 1. (15) Conduct bait vehicle operations Objective 2. (12) Conduct field operations Objective 3. (120) Continuously update offender databases The clearance rate of motor vehicle thefts. Objective 1. (300) Clear auto theft cases Objective 2. (75) File auto theft casesObjective 3. (30) Multi jurisdictional collaborations for case closure Prevent the incident of fraudulent titles and registration of stolen vehicles. Objective 1. (300) https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 11/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Inspect vehicles - 68A inspections, Salvage yards (5) *Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals will be modified. Objective 2. (100) Work public awareness events Objective 3. (4) Collaborate with TxDot and Nueces County Reduce the incident of automobile insurance fraud. Objective 1. (4) Collaborate with NICB, Objective 2. (4) Investigate suspected insurance fraud/false reports Objective 3. (1) Conduct 1 day intel sharing for officers throughout state (to include class on insurance fraud)*Due to Covid-19 and the possibility that it will continue to be a challenge into FY21,our target goals were not minimized. If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. 3.3 Functions of the Proposed Program Related to Motor Vehicle Burglary and Theft Prevention The funding by MVCPA will enable the Corpus Christi Auto Theft Task Force to reduce the incidence of theft from motor vehicles through enforcement strategies. Specialized activities will be conducted that result in the arrest, clearance, and recoveries of burglary of motor vehicles and theft of vehicle parts. Conduct bait vehicle operations that target vehicle burglary offenders Objective 1: Measure.- Number easure.Number of bait vehicle burglary deployments Definition. A bait vehicle under this activity will target theft from vehicle offenses. Bait will include, but is not limited to items commonly found in passenger vehicles and pickup trucks for example, laptop computers, cell phones, Yeti coolers, fishing gear, purses. Target= 15 Collaboration may include surrounding agencies and interdepartmental divisions to identify high crime areas and set bait operations. Primary goal is arresting known and unknown vehicle crime thieves thus reducing the number of subsequent thefts. Identify prolific BMV offenders through informants and intelligence Objective 1: Measure.- Numbers easure.Numbers of offenders identified Definition. The identification and documentation of a burglary from vehicle suspect(s), or groups of burglary from vehicle suspects who are linked to minimum of three or more like crimes. Once offender(s) identified, Crime Analyst will issue crime analysis bulletins for Intel sharing with task force and patrol. Target= 120 Disseminating bulletins helps keep the patrol officer updated on the logistics of vehicle crimes going on in their beat. An updated officer provides for a greater chance of reducing the number of incidents in that beat. . Updating the database is crucial to providing officers with current information. Additionally, information creates (email loop, "South Texas Auto Theft"includes 41 agencies and is distributed 3x during the week with intel) an Intelligence Bulletin to be disseminated among certain law enforcement personnel for Intel. Collaborate with the District Attorney's offices regarding sentencing, case packets or addressing repeat offenders Objective 1: Measure. Number of times collaborated Definition.- Collaboration efinition.Collaboration with District Attorney's offices consist of discussion on on-going investigations and receive prosecutor direction on an effective prosecution especially on repeat offenders. Individual meeting will represent a single activity. Case involving multiple offenders will only represent a single collaboration. Cases assigned/investigated represent regardless if case is accepted or rejected. Conduct salvage yard inspections Objective 1: Measure. Number of salvage yards inspected Definition. Site inspection of business(s) that buys or sells salvaged vehicles. Each salvage business will represent one inspection. Investigators will identify vehicles, document and complete Salvage Yard Inspection Form and Salvage Yard Inspection Log. In accordance with the laws and guidelines set forth by the Administrative Rules of the Texas Department of Licensing and Regulation, ATTF officers will recover or identify improperly disposed of vehicles in our local salvage yards and scrap yards thus helping in our recovery rate and identifying and https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 12/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 arresting known/unknown offenders. This activity decreases the opportunity for salvage yards to purchase stolen vehicles from criminals by compelling salvage yards to maintain proper record keeping. Target= 5 BMV related cases presented to prosecutor Objective 1: Measure. Report the total number of BMV related cases presented to prosecutor(s) where there was an incidence of theft from motor vehicle Definition. Any case that the ATTF presents to prosecutor including criminal complaints for BMV, theft, theft of parts or other cases directly tied to MVCPA statue of motor vehicle theft as defined in statue MVCPA. Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft from a Motor Vehicle Provide Agency Assists Objective 1: Measure. Number of Agency Assists Definition.- The efinition.The ATTF is commonly called to assist other area law enforcement agencies with theft from vehicle related crimes. The ATTF agency assist will include any help, recommendation, contribution or support requested from another agency or offered by the ATTF that aides in the continuance of theft form vehicle investigations. Target= 50 Collaborate with LE agencies and other organizations that assist in the reduction of thefts from a motor vehicle Objective 1: Measure. Number of times collaborated with coverage area agencies or other law enforcement agencies Definition. This activity involves the investigation of thefts from a motor vehicle or other related crimes outside of the ATTF participating agency. The ATTF is directly or indirectly involved in an investigation being conducted by another agency and provides sufficient assistance by a collaborative effort. Target= 12 Collaborate with LE agencies and other organizations that assist in the reduction of thefts from a motor vehicle Objective 1: Measure. Number of times collaborated with coverage area agencies or other law enforcement agencies Definition. This activity involves the investigation of thefts from a motor vehicle or other related crimes outside of the ATTF participating agency. The ATTF is directly or indirectly involved in an investigation being conducted by another agency and provides sufficient assistance by a collaborative effort. Target= 12 Investigate cases regarding stolen parts and other property Objective 1: Measure. Number of cases investigated Definition. Any investigation that the ATTF investigates related to theft from vehicle, vehicle parts or other vehicle property. Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle ,Burglary of Motor Vehicles and Parts and Accessories. Conduct educational outreach events including trade shows, exhibits, booths at community events, vehicle displays and brochures Objective 1: Measure. Number of outreaches Definition. Outreaches include participation at community awareness fairs, employer wellness fairs, Neighbors on Watch organizations, Homeowner Associations, etc. Outreaches not only include distribution of prevention literature but ATTF personnel directly communicates "one on one" with citizens on vehicle crime prevention. ATTF wrapped Jeep is also part of these events. All necessary activity documentation is completed and filed Target= 35 Conduct educational presentations to citizens Objective 1: Measure. Number of presentations/number of participants Definition. Presentations provide education to citizen groups on the prevention of auto crimes and how not to become a victim of auto crime. Providing knowledge on current crime statistics and new trends also adds to the public's arsenal to not create the opportunity of becoming a victim of gateway auto crimes such as Financial Crimes, Home Burglaries, Frequent Pawners, Robberies, Home Invasions or Murder. All necessary activity documentation is completed and filed. Target= 25 Conduct vehicle identification number Trailer VIN Stampings Objective 1: Measure. Number of https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 13/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 stamping events Definition. Trailer VIN stampings will take place while weekly 68A inspections are being held at the city impound lot. ATTF directly explains the VIN stamping procedure and benefits of tracing stolen trailers and possible auto insurance discounts available at renewal. All necessary documentation is completed and filed. Target= 10 Purchase advertisements in local outlets Objective 1: Measure. Number of advertisements purchased Definition. ATTF has a partnership with the Corpus Christi Hooks Minor League Baseball Club. Corporate partnership includes 2 parking lot signs (prevention tips to not become a victim of auto crimes) visible to all Hooks fans as they approach and enter Whataburger Field. Impressions delivered 483,000 and top ten games average attendance is 7,084. ATTF chooses a game night and a public awareness table is setup on a premier location inside of Whataburger Field. ATTF unit is interacting with fans and giving out promotional items geared towards prevention of auto crimes. Due to present Covid 19 pandemic that our nation is experiencing if the partnership with CC Hooks Minor League Baseball Club is not possible due to public interaction then advertisement will be purchased with RTA and ICONIC in the form of city buses and bus benches being wrapped in MVCPA promotional logo. The last 2 years the unveiling of city buses has taken place in November to kickoff the "Holiday Season"and peak time for auto crimes. Target= 1 Utilize social media outlets (Facebook, Twitter, Instagram, etc.) Objective 1: Measure. Number of postings in social media outlets Definition. Social media is an extremely valuable source of information and stage to communicate in today's society. Social media is an excellent resource that investigators use in investigations but as well a source to reach more citizens with regards to crime trends and prevention information well past our immediate service area population. Target= 24 Deploy outdoor public notification signage Objective 1: Measure. Number of deployments per month (if sign remains several months, count 1 deployment per month) Definition. The ATTF this past year in a collaboration with Regional Transit Authority and ICONIC Sign Group 2 city buses were wrapped to promote citizens not leaving items in the bed of their trucks. In addition to the city buses a total of 10 bus benches were also wrapped and placed in "hot spots" throughout the city. Target= 25 Conduct media outreach, including, public service announcements, press releases, and interviews Objective 1: Measure. Number of outreaches Definition. This activity will not only include public awareness but also crime trends within a particular area. Focusing on crime trends enables our citizens to become more aware and implement the education available in prevention of auto crimes. Our media outreach is readily available in Spanish as well to target our largely represented Spanish speaking public. Conduct law enforcement training (TCOLE) Objective 1: Measure. Number of classes/number of participants Definition. ATTF will conduct an 8 hour classroom training that may include field exercises. The training curriculum will be approved for TCOLE credit for law enforcement personnel only. Training will focus primarily on auto theft/theft from vehicle, identification and recognition. ATTF's goal is to not only provide training related to auto theft investigations but provide officer with networking time to discuss current trends and Intel on organized groups that are affecting throughout the state. All necessary and required documentation will be completed and processed to insure proper receipt of credit. *If Covid-19 continues into FY21 our NICB/MVCPA Auto Crime Training class maybe modified as webinar within TCOLE requirements. Target= 1 Conduct vehicle crimes presentation to law enforcement agencies (non-TCOLE) Objective I.- Measure.- :Measure. Number of classes/number of participants Definition. ATTF will conduct vehicle crime presentation to law enforcement agencies. Presentation will bring awareness of our activities https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 14/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 and services that we can offer. Education will include information that helps law enforcement agencies identify, understand and become more aware of vehicle crime within our area. ATTF presentations on vehicle crime prevention will also include the following groups; police academy, local financial institutions, civic groups and Citizen's Police Academy. Target= 4 MVCPA Task Forces are required to collaborate across judicial boundaries and to develop regional strategies to implement funded activities. Describe how the applicant staff and jurisdiction will coordinate with other agencies and jurisdictions in the implementation of this program. 3.4 Collaboration Effort The officers of the Task Force have been deputized to extend searches throughout Nueces County and work continuously throughout the year with Customs, DPS, MVCPA Task Forces, TxDot, TxDMV and other surrounding law enforcement agencies. With Corpus Christi experiencing about 3,339 auto burglaries and 731 auto thefts in 2017, the ATTF continues to use proactive approaches to monitor vehicle thefts and burglaries. The ATTF investigates all auto burglary and auto theft cases reported to the Corpus Christi Police Department and cases are filed with the District Attorney Office. The ATTF also conducts field operations, bait operations, salvage yard inspections and 68A inspections, all while collaborating with other agencies across the state. Utilizing the crime analyst information, officers are able to provide proactive enforcement such as field and bait operations. In performing these operations, officers utilize technology made available to them with MVCPA grant funding such as bait software, live video streaming and VIN readers. The Public Awareness Campaign makes contact with all demographics represented in Corpus Christi. It reaches people of different socio-economic status, cultures, backgrounds, ages, physical abilities, educational backgrounds and geographical backgrounds by visiting all areas of the city. Due to a large majority of Spanish speaking citizens in Corpus Christi providing Public Awareness in Spanish as well is deemed a necessity to reach that target population. Providing public awareness to the citizens of Corpus Christi is crucial as we continue to battle the surge in auto burglaries due to "victim assisted"wherein the victim either leaves the vehicle unlocked, leaves the keys in the vehicle, intentionally or not and leaving valuables or firearms in sight. 3.5 Functions of the proposed program for other motor vehicle crimes investigations related to motor vehicle burglary or theft such as motor vehicle fraud related crime, insurance fraud, preventing stolen vehicles from entering Mexico, bridge/port crime, cartel or organized criminal enterprises etc... The functions of our program will implement the following proactive approach to prevent and https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 15/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 reduce the incidence of motor vehicle related fraud activities. Collaborate with agencies relating to investigation and enforcement of vehicle insurance fraud Objective 1: Measure. Number of collaborations Definition. Collaboration with insurance industry, In house NICB Special Agent and law enforcement agencies on information to establish if insurance fraud is a factor in an investigation. Target= 4 Conduct 68(A) inspections for TxDMV assignments or reassignment of VIN Objective I.- Measure.- :Measure. Number of vehicles inspected to complete a serialized 68A inspection form per TxDMV(VIN assignment, reassignment, bonded title) Definition. 68A inspection is conducted by ATTF investigator for the purpose of completion of TxDMV form VTR-68-A and represent one inspection regardless if form is issued or not. Scheduled days that ATTF performs public inspections also represent one activity per individual inspection.)*Due to Covid-19 and the possibility that it will continue to be a challenge into FY21, our target goals will be modified for these target numbers. Target= 300 Coordinate with TxDMV/Tax Offices relating to investigation and enforcement of fraudulent titles and registration of stolen vehicles Objective 1: Measure. Number of collaborations Definition.- Collaboration efinition.Collaboration with TxDMV/Tax Offices relating to an investigation of fraudulent titles and registration. Communication between agencies reduces the incidents of stolen vehicles being fraudulently titled or registered. Target= 4 Part II Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program. Click on the link above and select the method by which statutory measures will be collected. Law Enforcement programs must also estimate targets for the MVCPA predetermined activities. The MVCPA board has determined that grants programs must document specific activities that are appropriate under each of the three goals. Applicants are allowed to write a limited number of user defined activities. ID Activity Measure Target Mandatory Motor Vehicle Theft Measures Required for all Grantees. 1.1.15 Increase the recovery rate of stolen Report the number of vehicles Mandatory. motor vehicles recovered Reporting for Combination of TF and Jurisdiction 1.1.16 Increase the clearance rate of motor Report the number of motor vehicle Mandatory. vehicle thefts theft cases cleared Reporting for Combination of TF and Jurisdiction https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 16/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 1.1.17 Increase the number of persons Report the number of persons arrested Mandatory. arrested for motor vehicle theft for motor vehicle theft Reporting for Combination of TF and Jurisdiction Mandatory Burglary of a Motor Vehicle Measures Required for all Grantees 2.1.12 Increase the clearance rate of motor Report the number of burglary cases Mandatory. vehicle burglaries cleared Reporting for Combination of TF and Jurisdiction 2.1.13 Increase the number of persons Report the number of persons arrested Mandatory. arrested for motor vehicle burglary for burglary Reporting for Combination of TF and Jurisdiction Measures for Grantees. Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Motor Vehicle Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Motor Vehicle Theft 1.1.1 Identify groups of auto theft offenders Number of groups identified through intelligence gathering, crime analysis and the use of informants 1.1.2 Identify and document/record prolific Number identified/documented 120 motor vehicle theft offenders [Prolific offenders is defined as "linked to MVT offenses three or more times"] 1.1.3 Collaborate with the District Attorneys' Report the total number of cases offices regarding sentencing, case where LEOs collaborated with packets or addressing repeat prosecutors offenders 1.1.5 Conduct inspections of local Number of businesses inspected businesses related to vehicle enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). (see 1.3 for number of vehicles inspected in these businesses) 1.1.6 Conduct bait vehicle operations that Number of bait vehicle deployments 15 target motor vehicle theft offenders 1.1.8 Deploy license plate readers (LPR) Number of times LPR deployed 1.1.9 Respond to license plate reader Number of times investigators 12 (LPR) alert notifications responded to LPR alert notifications https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 17/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 1.1.12 Conduct covert operations targeting Number of covert operations 12 motor vehicle theft offenders 1.1.13 Conduct warrant "round-up" Number of operations operations targeting auto crimes offenders, including those wanted for motor vehicle thefts, vehicle burglaries and the theft of vehicle parts 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Motor Vehicle Theft 1.2.1 Provide Agency Assists Number of agency assists 100 1.2.2 Collaborate with other units or Number of times collaborated within divisions (i.e. homicide, vice, departments or SOs participating in narcotics, etc.) where a motor vehicle taskforce was used in the commission of the crime (includes identification of vehicle). 1.2.3 Collaborate with LE agencies and Number of times collaborated with 12 other organizations that assist in the coverage area agencies or other law reduction of motor vehicle thefts enforcement agencies 1.2.4 Collaborate on investigations Number of cases investigated regarding stolen parts and other property 1.2.5 Conduct intelligence information- Number of intelligence meetings 20 sharing attended 1.2.6 Conduct intelligence information- Crime analysis bulletins disseminated 50 sharing 1.3 Strategy 3: Prevent and Reduce the Incidence of Motor Vehicle Related Fraud Activities 1.3.1 Collaborate with agencies relating to Number of collaborations 4 investigation and enforcement of vehicle insurance fraud 1.3.2 Conduct 68(A) inspections (for Number of vehicles inspected to 300 TxDMV assignment or reassignment complete a serialized 68A inspection of VIN) form per TxDMV (VIN assignment, reassignment, bonded title) 1.3.3 Conduct VIN verification inspections. Number of vehicles inspected (All other reasons except bridge or port) 1.3.4 Coordinate with TxDMV/Tax Offices Number of collaborations related to 4 relating to investigation and MVT enforcement of fraudulent titles and registration of stolen vehicles 1.3.5 Persons arrested for Insurance Fraud 1.3.6 Persons arrested for Title Fraud 1.3.7 Persons arrested for Registration Fraud 1.3.8 Persons arrested for Plate Fraud https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 18/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 1.3.9 Persons arrested for Salvage or Dealer fraud 1.3.10 Persons arrested for Odometer Fraud 2 Goal 2: Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies 2.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 2.1.1 Conduct bait vehicle operations that Number of bait vehicle burglary 15 target vehicle burglary offenders deployments 2.1.2 Identify "prolific BMV offenders" Number of offenders identified 120 through informants and intelligence [Prolific is defined as "linked to BMV and theft of vehicle parts and accessories offenses three or more times"] 2.1.3 Collaborate with the District Attorneys' Report the total number of cases offices regarding sentencing, case where LEOs collaborated with packets or addressing repeat prosecutors offenders 2.1.4 Conduct inspections of local Number of businesses inspected (see 5 businesses related to vehicle Goal 5 for number and value of parts enterprise (transportation code or recovered) occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). 2.1.5 Conduct warrant "round-up" Number of "round up" operations operations targeting auto crimes offenders, including those wanted for motor vehicle thefts, vehicle burglaries and the theft of vehicle parts 2.1.7 BMV related cases presented to Report the total number of BMV related prosecutor cases presented to prosecutor(s) where there was an incidence of theft from motor vehicles (includes criminal complaints for BMV, Theft, theft of parts or other cases directly tied to ABTPA statute of motor vehicle burglary and economic motor vehicle theft as defined in ABTPA statute) 2.2 Strategy 2: Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft From a Motor Vehicle 2.2.1 Provide Agency Assists Number of agency assists 25 https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 19/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target 2.2.2 Collaborate with other units or Number of times collaborated within divisions (i.e. homicide, vice, departments or SOs participating in narcotics, etc.) where a motor vehicle taskforce was used in the commission of the crime (includes identification of vehicle). 2.2.3 Collaborate with LE agencies and Number of times collaborated with 12 other organizations that assist in the coverage area agencies or other law reduction of thefts from a motor enforcement agencies. vehicle 2.2.4 Investigate cases regarding stolen Number of cases investigated parts and other property 3 Goal 3: Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle Theft, Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 3.1 Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3.1.1 Conduct educational outreach events Number of outreaches 35 (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations to Number of presentations 25 citizens 3.1.4 Conduct vehicle identification number Number of etching events 10 (VIN) etchings 3.1.5 Purchase advertisements in local Number of advertisements purchased 1 outlets 3.1.6 Conduct vehicle report card initiatives. Number report cards issued 5 3.1.7 Utilize social media outlets Number of postings in social media 24 (FaceBook, Twitter, Instagram, etc.) outlets 3.1.8 Deploy outdoor public notification Number of deployments per month (if signage sign remains several months, count as 1 deployment per month) 3.1.10 Conduct media outreach, including, Number of outreaches public service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property 3.2.1 Conduct law enforcement training Number of classes 1 (TCOLE) 3.2.2 Conduct law enforcement training Number of participants (TCOLE) 3.2.3 Conduct vehicle crimes presentations Number of classes 4 to law enforcement agencies (non TCOLE) 3.2.4 Conduct vehicle crimes presentations Number of participants to law enforcement agencies (non TCOLE) https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 20/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 ID Activity Measure Target Grant Evaluation 4.1 Describe the method and practice of evaluating the program activities. Including management and staff participation and systems (forms and software) used to ensure reliable and accurate data is collected and reported. We will evaluate our project on a monthly basis to improve its design and assess its effectiveness in reaching our goals and objectives. At the start of the grant term we will conduct a front-end evaluation of the program to determine prior auto theft and auto burglary rates. These rates will be recorded on a monthly basis and will be compared to the same time frame of the previous year. At the conclusion of the grant term we will report the summative impact of this project on the citizens of Corpus Christi. This evaluation will focus on two separate aspects of the project; the program staff-Auto Theft Task Force detectives and team of civilians to fulfill the objectives of the grant and auto crime rates. All the evaluation data collected will be summarized and included in our final report. The information collected to complete the monthly reports is retrieved from our 1/Leads reporting management system. Information gathered and reported in 1/Leads is based on NIBRS reporting guidelines. Aspect#1 -ATTF detectives and team of civilians *Each objective will be documented to the correlating goal for achievement to ensure all grant goals are met. Aspect#2 -Auto Crime Rate *Documentation will be kept for comparison of all relevant auto crime numbers. Three areas of the highest auto crime rates (Areas A, B, C and D) will be selected during the first three quarters of the grant term, one at each quarter. The target area will be selected at the end of the first month of the quarter. This will allow a time frame of data collection in month one, implementation of a concentrated effort of crime prevention through public awareness and proactive operations in month two and evaluation of implementation in month three. To measure the effectiveness of this project, the following data will be recorded. Aspect#1 -ATTF detectives and team of civilians *(300) Inspect vehicles - 68A inspections, (5) Salvage yards *(300) Clear auto theft cases *(300) Clear auto burglary cases *(100) Work public awareness events *(50) Issue crime analysis bulletins for Intel sharing with patrol officers (auto theft) *(50) Issue crime analysis bulletins for Intel sharing with patrol officers (auto burglary) *(15) Bait vehicle operations (15) *(15) Bait vehicle operations (auto burglary) (75) File auto theft cases *(12) Conduct field operations (auto theft) *(12) Conduct License Plate Reader operations *(4) Collaborate with agencies relating to investigation and enforcement of vehicle insurance fraud *(5) Conduct salvage yard inspections *(30) Multi jurisdictional auto theft collaborations for case closure *(12) Multi jurisdictional auto burglary collaborations for case closure *(20) INTEL Meeting/Compstat *(120) Update offender database monthly for auto theft *(120) Update for offender database monthly for auto burglary *(4) Collaborate with TxDot and Nueces County *(4) Collaborate with NICB *(4) Conduct auto theft intel and investigative techniques with law enforcement agencies (non-TCOLE) *(1) Conduct 1 day intel sharing for officers throughout state w/insurance fraud (TCOLE) Aspect#2 -Auto Crime Rate *Number of auto thefts for program area *Number of auto burglaries for program area *Clearance rate of auto thefts for program area *Clearance rate of auto burglaries for program area *Proportion of stolen vehicles recovered *Auto theft arrests Auto burglary arrests Using crime mapping technology, the effects of the saturation on target areas as well the city as a whole will be evaluated to determine if auto crimes are actually being reduced or displaced to other areas. Data will be analyzed using ArcMap 10-ESRI, ILEADS,Excel and Powerpoint software. Reports will be generated for the Motor Vehicle Crime Prevention Authority, Corpus https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 21/22 8/5/2020 City of Corpus Christi Grant Application Negotiation for Fiscal Year 2021 Christi Police Department, City of Corpus Christi and other entities utilizing in house computer systems and software. 4.2 Provide suggested measures that your think would better reflect the law enforcement or prevention work that your grant will perform. If the suggested measure fits into one of the goals 1-3 in the goals list above please indicate. If the suggested measure is a new kind of goal please suggest what best fits your measure. Current Documents in folder Resolution.pdf (6/11/2020 1:32:15 PM) Certifications The certifying official is the authorized official, Keith Selman, Assistant City Manager. By submitting this application I certify that I have been designated by my jurisdiction as the authorized official to accept the terms and conditions of the grant. The statements herein are true, complete, and accurate to the best of my knowledge. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. By submitting this application I certify that my jurisdiction agrees to comply with all terms and conditions if the grant is awarded and accepted. I further certify that my jurisdiction will comply with all applicable state and federal laws, rules and regulations in the application, acceptance, administration and operation of this grant. https://mvcpa.tamu.edu/Negotiation/PrintApplication.asp?ApplD=l 47& 22/22