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Agenda Packet City Council - 01/25/2022
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, January 25, 2022 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A.Mayor Paulette M. Guajardo to call the meeting to order. B.Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Daniel Gardiner, W.B. Ray High School student. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.22-0156 Check Presentation by the Hooks Baseball Organization to the Corpus Christi Police Officers Association and the Corpus Christi Professional Firefighters Association. Check Presentation by the Rotary Club Flags for Heroes Project to the City of Corpus Christi Parks & Recreation Department. Award Presentation by the Downtown Management District for the Mayor's Merriest Decor Contest. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Page 1 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised F.GULF COAST GROWTH VENTURES PRESENTATION G.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City’s Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. H.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.Waterline Infrastructure Improvements Update b.SOS² Pothole Repair Initiative Update c.Storm Water Fee Update d.COVID-19/Omicron Variant Update I.BOARD & COMMITTEE APPOINTMENTS: J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 2 - 19) 2.22-0153 Approval of the January 11, 2022 Regular Meeting Minutes. Consent - Second Reading Ordinances 3.22-0038 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement Agreement with IHS Consultants, LP to construct off-site sanitary sewer improvements for a planned commercial development, Park Springs IHS, Blk 1, Lots 1-3, located on River Hill Dr and south of Northwest Boulevard (FM 624), with a completion date of 24 months; transferring $30,400.30 from the Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating $87,463.77 from the No. 4220-21801 Wastewater Collection Line Trust Fund to reimburse the Developer per the agreement. (District 1) Page 2 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised Sponsors:Development Services 4.22-0118 Ordinance authorizing an amendment of the current contract with Sinister, LLC to maintain the monthly rent rate of $100 for the first option year of the City owned property located at 1401 Leopard Street for a parking lot. Sponsors:Asset Management Department 5.22-0056 Ordinance appropriating $71,940 from the unreserved fund balance of the Tax Increment Reinvestment Zone No. 3 Fund for incentives under the Streetscape and Safety Improvement Program; and amending the Fiscal Year 2022 operating budget. Sponsors:Finance & Procurement Consent - Public Safety First Reading Ordinances 6.22-0166 Ordinance appropriating $3,000,000.00 from the General Fund unreserved fund balance for Fire Department equipment funded by the FY 2021 Texas Ambulance Supplemental Payment Program revenue and amending the FY 2022 Operating Budget by increasing expenditures in the Fire Department General Fund by $3,000,000.00. Sponsors:Fire Department Consent - Contracts and Procurement 7.22-0041 Motion authorizing a one-year supply agreement for the purchase of Emergency Medical Services medications with Bound Tree Medical, LLC. of Dublin, Ohio for a total amount of $122,222.28, with two one-year options for a total amount of $366,666.84, effective upon issuance of a notice to proceed, with FY 2022 funding in an amount of $81,481.52 available in the General Fund. Sponsors:Fire Department and Finance & Procurement 8.21-1449 Motion authorizing a one-year supply agreement, with an additional one-year option with Polydyne Inc. of Riceboro, Georgia for an estimated amount of $963,000.00, with an estimated potential amount not to exceed $2,016,000.00 if the option period is exercised for the purchase of Liquid Cationic Polymer to be used for treatment of potable drinking water process at the O.N. Stevens Water Treatment Plant, with FY 2022 funding in an estimated amount of $750,000.00 available through the Water Fund. Sponsors:Utilities Department and Finance & Procurement 9.22-0057 Resolution authorizing a one-year supply agreement, with one additional one-year option, for the purchase of liquid chlorine in rail car, in an amount not to exceed $2,500,000.00 and a potential cost of $5,000,000.00 if all options are exercised, with DPC Industries, Inc. of Corpus Christi, Texas, with FY 2022 funding in the amount of $1,666,700.00 available through the Water Fund. Sponsors:Utilities Department and Finance & Procurement Page 3 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised 10.21-1752 Motion authorizing a one-year supply agreement with two one-year option periods, in an amount not to exceed $142,577.40 and a potential not to exceed $427,732.20 if option periods are exercised, for non-shear flexible couplings for the City Warehouse with Hajoca Corporation dba Moore Supply Co., of Corpus Christi, Texas, with FY 2022 funding in the amount of $106,933.05 available in the Stores Fund. Sponsors:Utilities Department and Finance & Procurement 11.22-0045 Resolution authorizing the acquisition of 108 vehicles by various departments in the amount of $4,728,071.49, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2022 funding in the amount of $4,405,875.65 with the remaining balance of $322,195.84 for the lease purchase items to be funded through the annual budget process. Sponsors:Asset Management Department and Finance & Procurement 12.22-0007 Motion authorizing a five-year service agreement with MGT of America Consulting, LLC of Fort Worth, Texas, for annual Cost Allocation Plans that allocate indirect costs to all City Departments, in an amount of $77,800.00, effective upon issuance of a notice to proceed, with FY 2022 funding in an amount of $15,000.00 in the General Fund. Sponsors:Finance & Procurement 13.22-0005 Motion authorizing a three-year service agreement with Greens & Things Nursery & Landscaping LLC, of Portland, Texas for an estimated amount not to exceed $198,000.00 for lawncare services for Corpus Christi International Airport with FY 2022 funding in an amount not to exceed $49,500.00 available through the Airport Fund. Sponsors:Aviation Department and Finance & Procurement General Consent Items 14.22-0112 Resolution authorizing submission of grant application for $161,606.73 to the State of Texas for salaries and benefits of three full-time employees and supplies, training, mileage reimbursements under the Victims of Crime Act, with $4,320.00 for in-kind services. Sponsors:Police Department 15.22-0113 Resolution authorizing submission of grant application for $47,393.76 to the State of Texas for the salary and benefits of one full-time employee under the Violence Against Women Act with City cash match of $13,351.61 and $6,960.00 for in-kind services. Sponsors:Police Department Page 4 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised 16.22-0114 Resolution authorizing submission of a grant application for $150,000.00 to the State of Texas to cover the cost of a forensic science computer system under the FY 2023 Paul Coverdell Forensic Sciences Improvement Grant. Sponsors:Police Department 17.22-0036 Motion authorizing Amendment No. 5 to the merchant application and agreement for credit/debit card processing with Worldpay LLC, for an amount not to exceed $1,686,800.00 increasing the total agreement to $7,196,800.00; and ratifying the effective date of the one-year term of the amendment to August 18, 2021, terminating August 17, 2022, with funding available through various funds using department operational budgets. Sponsors:Finance & Procurement 18.22-0144 Resolution relating to City of Corpus Christi’s intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $207,789,617 for Utility System expenditures budgeted in the Fiscal Year 2021-2022 Capital Improvement Plan but incurred before the issuance of the bonds. Sponsors:Finance & Procurement 19.21-1651 Resolution authorizing an Interlocal Agreement between Nueces County and the City of Corpus Christi regarding transfer, assignment and conveyance of drainage easement appurtenant and right of way. (District 3) Sponsors:Development Services L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEM 20) 20.22-0058 Zoning Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District and the “RS-6” Single-Family 6 District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services N.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 21 - 23) 21.22-0059 Motion awarding a contract to Haas Anderson Construction, Ltd., Corpus Christi, TX, for Ultra-Thin Bonded Wear Course, Milling and Overlays as part of the Street Preventative Maintenance Program in an amount of $10,040,175.80, located Citywide, with FY 2022 funding available from the Streets, Storm Water, Wastewater, Water, and Gas Funds. Sponsors:Engineering Services, Public Works/Street Department and Finance & Page 5 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised Procurement 22.22-0048 Resolution authorizing developer participation agreement with MPM Development, LP to reimburse developer up to $867,649.76 for construction of Off-site stormwater improvements for a planned residential and commercial development, Royal Oak Future Units, located on Rand Morgan Road, south of Leopard Street (District 1). Sponsors:Development Services 23.22-0170 Motion authorizing the City Manager or designee to execute all documents necessary to request an extension of the funding commitment for the receipt of State Water Implementation Fund for Texas (SWIFT) loan in the amount of $211,050,000 for one additional year, until 2023, for the design and construction of a desalination plant. This extension would provide additional time for state and federal agencies to issue permits related to a desalination plant and related facilities. Sponsors:Utilities Department O.FIRST READING ORDINANCES: (ITEMS 24 - 26) 24.22-0049 Ordinance adopting a local preference policy for the City of Corpus Christi by replacing Council Policy No. 26 and enacting a new Council Policy No. 26 to provide local preference applicable to the procurement of professional services; with local preference for non-professional services, goods / supplies to be addressed in Fiscal Year 2023. Sponsors:Finance & Procurement 25.22-0026 Ordinance authorizing license agreements to allow the parking of dockless vehicles in the City’s right-of-way with a term ending January 1, 2023 and two automatic one-year renewals upon payment of fees, which license agreements will replace the license agreements approved by Ordinance No. 031652. Sponsors:Finance & Procurement 26.22-0095 Ordinance Amending Section 13-21 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Building Standards Board from seven members to five members with two alternates. Sponsors:Neighborhood Services P.RECESS FOR CORPORATION MEETING: (ITEM 27) 27.22-0164 Special Board Meeting of the Corpus Christi Housing Finance Corporation to consider an inducement resolution for $15,000,000 in Multifamily Revenue Bonds for approximately 152 new affordable multi-family housing units at Greenwood Drive and Gollihar Road. Sponsors:Neighborhood Services Page 6 City of Corpus Christi Printed on 1/24/2022 January 25, 2022City Council Meeting Agenda - Final-revised Q.RECONVENE COUNCIL MEETING: R.BRIEFINGS: (ITEMS 28 - 30) 28.22-0154 Briefing for City Council to receive initial assessment regarding whether redistricting is required considering the new 2020 census data; and, if so, consider adoption of criteria to apply to development of new districting plans, and guidelines for public participation in the redistricting process. Sponsors:City Secretary's Office 29.22-0040 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (The third and fourth quarters of 2021) Sponsors:Corpus Christi Regional Economic Development Corporation 30.22-0120 Infrastructure Design Manual revisions improving the quality of new infrastructure in new subdivisions to become effective March 1, 2022. Sponsors:Engineering Services S.EXECUTIVE SESSION: (ITEMS 31 - 32) 31.22-0167 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 Corpus Christi-Nueces County Public Health District, various lawsuits, including, but not limited to, John F. Smith v. Nueces County Texas and/or Corpus Christi-Nueces County Public Health District, other legal issues related to the personnel, structure, and/or operation of said district, Texas Health and Safety Code Chapter 121, the Cooperative Agreement to Operate a Public Health District and amendments, reformations, and attachments thereto, other laws and regulations governing public health districts, members and membership in the public health district, grants to the members of the public health district, other legal issues related to the provision of health services in the local area, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. 32.22-0168 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 City Council’s redistricting obligations and potential litigation related thereto . T.ADJOURNMENT Page 7 City of Corpus Christi Printed on 1/24/2022 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, January 11, 2022 Addendums may be added on Friday. Mayor Paulette M. Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:40 a.m. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.B. Deacon Michael Mantz, Diocese of Corpus Christi, gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Olivia Rocha, Collegiate High School Student. C. Angela Padilla, TAMUCC student, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. Assistant City Secretary Ruth Bocchino 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 Assistant City Secretary Ruth Bocchino. Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Present:9 - Proclamations / CommendationsE. 1.22-0110 Proclamation declaring January 17, 2022 as "Big Brothers Big Sisters of the Texas Coastal Bend International Mentoring Day" . Proclamation declaring January 2022 as " National Human Trafficking Prevention and Awareness Month". Proclamation declaring January 2022 as "School Board Recognition Month". Page 1City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes The Proclamations were presented. PUBLIC COMMENTF. Mayor Guajardo opened the public comment period. The following citizens spoke in support of short term rentals: Doreen Kinkel, 15405 Grass Cay Ct.; Brian Banks, 2605 Summer Ridge Dr.; Karen Carden, 6838 Aswan Dr.; Suzanne Taylor, 5413 Pressler; and Brian Morales, 5040 Maylands Dr. Paula Breighton, 15226 Caravel Dr., spoke regarding reinstating virtual public comment. Tony Jimenez, 7002 Ridge Stone Dr., Chris Craig, 5222 Pepper Mill Dr., and Robert Goodman, 5218 Pepper Mill Dr., spoke regarding removing 5G cell tower on corner of Ridge Stone Dr. and Peppermill Dr. Errol Summerlin, 1017 Diomede, Portland, TX, spoke regarding desalination. John Weber, 609 Naples St., spoke regarding complaints of methane gas. The following citizens submitted written public comments which are attached to the minutes: Maria Alexander, 6008 Ocean Dr.; David Segrest, 407 Claremore St.; Teresa Recore,15010 Leeward Dr.; Melissa Beebe, 14721 Whitecap Blvd.; Douglas Cottingham, 14721 Whitecap Blvd.; Lena May, 14225 Sea Pines; David Lalor, 15425 Fortuna Bay Dr.; RoxAnne Schlabach, 122 Whiteley Dr.; Cliff Schlabach, 122 Whiteley Dr.; Peggy Chaves, 114 Whiteley Dr.; Sherri Schlather, 3550 Green Valley Rd.; Kelly Geers, 3938 Surfside Blvd.; Erin Wilson, 221 Thelma Dr.; Micah Morgan, 5417 Gun Cay; Angie & Clarissa de la Garza, 4213 Gulfbreeze Blvd.; Chris Steinbruck, 421 Glenoak Dr.; Elisa Gonzalez, 2732 South Padre Island Dr.; Maria Speth, 3105 E. Claire Dr.; David Galan, 7914 Pruet Dr.; Daniel Haskit, 3938 Surfside Blvd.; Lauren Oakes, 6919 Gunder Ave.; John Dunne, 6919 Gunder Ave.; Julie Rogers, 710 Furman Ave.; Lydia Ponce, 837 1/2 Milwood Ave.; Sylvia Campos, 4410 Fir; Jay Williamson, 230 Whiteley Dr.; and Jason Page, 3515 Floyd St. CONSTRUCTION CONTRACT FOR JUNIOR BECK DRIVE (ITEM 2)G. 2.22-0046 Motion awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of Junior Beck Drive from Bear Lane to Dead End and the construction of Junior Beck Drive from Dead End to Old Brownsville Road with new concrete pavement and utility improvements in an amount of $4,888,569.75, located in City Council District 3, with FY 2022 funding available from the Economic Development Administration Grant, Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. Page 2City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Mayor Guajardo referred to Item 2. Director of Engineering Jeff Edmonds stated that this item awards a construction contract to Reytec Construction Resources for the reconstruction of Junior Beck Drive. Council Members and Nueces County Commissioner Joe A. Gonzalez spoke in support of this construction project. Council Member Barrera made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: M2022-001 CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:H. Mayor Guajardo referred to City Manager's comments. Major Policy Issues for 2nd Quarter of FY 2022a. City Manager Zanoni reported on the Major Policy Issues for the 2nd Quarter of FY 2022. The top policy issues include the following: short term rentals; municipal court backlog; dockless scooters; emergency services district; City's health department transition; community enrichment fund; design standards manual update; local preference; La Volla Creek; marina master plan; historic preservation plan; water gardens renovation; homeless shelter; American Bank Center; impact fees; FY 22 bond development; seawater desalination; and redistricting. 36th Annual MLK Commemorative Walk and Day of Service Eventsb. City Manager Zanoni recognized January 17, 2022 as the 36th Annual MLK Commemorative Walk and Day of Service Event held at 11:00 a.m. at the Nueces County Courthouse. Citywide Pothole Repair Updatec. City Manager Zanoni reported on the Citywide pothole repair update. Council has approved $1.4 million in emergency funding. The effort will be accomplished by relying on private sectors to address the potholes within 30 to 45 days. City Manager Zanoni and a Council Member discussed the following topics: a request to look into different methods and materials of filling potholes. Page 3City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Recap of Packery Channel Restoration Projectd. City Manager Zanoni reported on the Packery Channel Restoration Project. FEMA provided $13.5 million and the City will match $1.5 million from the Island TIRZ funds for an 18 month restoration project. Staff Announcements: 1. Sarah Munoz, Deputy Director of Public Works 2. Gabriel Ramirez, Interim Director of Utilities e. City Manager Zanoni stated that Sarah Munoz has been named Deputy Director of Pubic Works and Gabriel Ramirez is the Interim Director of Water Utilities. COVID-19 Update by Annette Rodriguez, Public Health Directorf. Public Health Director Annette Rodriguez provided an update on COVID-19: Omicron variant of concern; Nueces County COVID19 -cases; age breakdown for January cases; Nueces County COVID-19 daily cases; Nueces County COVID-19 weekly cases; Nueces County COVID-19 deaths; hospitalizations/ICU; total vaccines administered; total boosters administered; vaccine daily numbers; Nueces County vaccination rates; COVID-19 drive-thru testing; COVID vaccination clinics; COVID vaccination off-site clinics; CC-NCPHD phone bank; new CDC guidelines; CDC updates; and monoclonal antibodies. Council Members and Director Rodriguez discussed the following topics: the Omicron peak will occur around January 30, 2022; the average length of illness is about five days; the Merck and Pfizer pills are very limited; and the boosters provide 75 to 80% protection against Omicron. BOARD & COMMITTEE APPOINTMENTS:I. 3.22-0052 Corpus Christi Aquifer Storage and Recovery Conservation District (3 vacancies) Crime Control & Prevention District (1 vacancy) Parks and Recreation Advisory Committee (1 vacancy) Corpus Christi Aquifer Storage and Recovery Conservation District: Michael Murphy (Reappointed) Jeffrey Edmonds (Reappointed) Sharon Lewis (Reappointed) The following officers were appointed: Dan McGinn (President) Sharon Lewis (Vice President) Jeffrey Edmonds (Secretary) Crime Control & Prevention District: Page 4City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Joseph Kramer (Appointed) Parks and Recreation Advisory Committee: Thomas Cronnon (Appointed) EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 4 - 14)K. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 8, 11, 13 and 14 be pulled for individual consideration. A motion was made by Council Member Pusley, seconded by Council Member Smith to approve the Consent Agenda with the exception of Items 8, 11, 13 and 14. The motion carried by the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 4.22-0051 Approval of the December 14, 2021 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent - Second Reading Ordinances 5.21-1644 Ordinance adopting text amendments to the Unified Development Code (UDC) to remove the Planning Commission from historic designation review process and to identify grounds for undue hardship the Board of Adjustment may consider for a variance (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032638 6.21-1554 Zoning Case No. 1021-03, SRPC Properties, LLC.: (District 2) Ordinance rezoning property at or near 1645 14th Street from the “RS-TF” Two-Family District and “CG-2” General Commercial District to the “RM-2” Multifamily District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032639 7.22-0002 Ordinance revising the Infill Housing Incentive Program Guidelines as authorized by Article II, Chapter 20 of the City of Corpus Christi Code of Ordinances; Page 5City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes authorizing a two-year agreement with the Corpus Christi B Corporation to provide Type B affordable housing funding in the amount of $1,000,000 for costs related to the Infill Housing Incentive Program; appropriating $500,000 from The Type B Fund; and amending the operating budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032640 Consent - Contracts and Procurement 8.21-1727 Motion authorizing the purchase of playground units and shade structures for 14 City parks as included in Bond 2020, from PlayCore Wisconsin, Inc. dba GameTime through the Omnia Partners Cooperative for a total amount of $459,744.20 with funding available through the Bond 2020 Fund. Mayor Guajardo referred to Item 8. A Council Member and Assistant City Manager Andrea Gardner discussed the following topics: a Council Member's desire to ensure that there is a timeline to install the playground equipment. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: M2022-002 9.21-1652 Resolution authorizing a two-year service agreement, with three additional one-year options, with M & S Tree Service, LLC, of Taft, Texas, for palm tree trimming services in an amount not to exceed $267,592.00 and a potential amount not to exceed $668,980.00 if the options are exercised, with FY 2022 funding of $133,796.00 from the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032641 10.21-1725 Motion authorizing a one-year supply agreement with two one-year option periods, in an amount not to exceed $87,577.00 and a potential amount not to exceed $262,731.00 if option periods are exercised, for calcium hypochlorite for the City Warehouse with Chemrite, Inc., of Buford, Georgia, with FY 2022 funding in the amount of $58,384.67 available in the Stores Fund. This Motion was passed on the consent agenda. Page 6City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Enactment No: M2022-003 11.21-1736 Motion authorizing the purchase of 22 school zone flashing beacons and 43 flashing LED signs from Consolidated Traffic Controls, Inc., of Arlington, Texas in the amount of $152,357.00 for installation by the Public Works Department, with FY 2022 funding available through the Streets Fund. Mayor Guajardo referred to Item 11. A Council Member and Director of Public Works Rolando Mata discussed the following topics: Public Works Department will be installing 22 school zone flashing beacons, along with 43 flashing LED signs; the goal is to minimize fatalities of pedestrians and cyclists; and these improvements should be completed by September 2022. Council Member Molina made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2022-004 12.22-0028 Motion authorizing a three-year service agreement with Roland Mendiola dba National Auto Glass of Corpus Christi, Texas, for windshield repairs and replacements to fleet vehicles for Asset Management in an amount not to exceed $225,000.00, with FY 2022 funding in an amount not to exceed $56,250.00 available through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2022-005 Consent - Capital Projects 13.21-1530 Motion awarding a construction contract to Associated Construction Partners, Ltd, Boerne, Texas, for the citywide Lift Station Repairs at the Wooldridge & Morgan Lift Stations, located in Council Districts 3 and 5, in an amount of $5,524,493.00, with FY 2022 funding available from the American Rescue Plan Act. Mayor Guajardo referred to Item 13. A Council Member and Interim Director of Water Utilities Gabriel Ramirez discussed the following topics: the odor issues at the Wooldridge Lift Station were due to the air relief valves that needed to be fixed and have been replaced; and pumps and piping will be replaced as well. Page 7City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: M2022-006 14.22-0042 Motion awarding a construction contract to JE Construction Services, LLC, Corpus Christi, TX, to perform concrete and asphalt pavement repairs and improvements at the Cefe F. Valenzuela Landfill scale house in an amount of $1,351,403.00 and authorize staff to negotiate and administratively execute a Change Order #1 up to an amount of 25% of the contract value to have all pavement structures done in concrete, with FY 2022 funding available from the Solid Waste Certificate of Obligation Fund. Mayor Guajardo referred to Item 14. A Council Member, Director of Solid Waste David Lehfeldt and Director of Engineering Jeff Edmonds discussed the following topics: a Council Member's desire to use concrete for pavement repairs as opposed to asphalt. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2022-007 RECESS FOR LUNCHL. Mayor Guajardo recessed the Council meeting for lunch at 1:54 p.m. Executive Session Items 25 and 26 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:10 p.m. PUBLIC HEARINGS: NoneM. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 15)N. 15.21-1663 Briefing on Short Term Rental Policy Development and Ordinance amending Chapter 5 of the Corpus Christi Code to require a permit for the operation of short-term rentals; and providing for publication. Page 8City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Mayor Guajardo referred to Item 15. Assistant City Manager Andrea Gardner presented information on the following topics: policy development strategy; phase 1-registration ordinance; phase 2-land use and zoning analysis; short term rentals; Island STR units; proposed ordinance modifications; STR implementation; STR permit workflow; code enforcement sting - pilot program; pilot program conclusion; and pilot program sums. Council Members, Assistant City Manager Gardner, City Manager Peter Zanoni, City Attorney Miles Risley and Assistant Director of Development Services Michael Dice discussed the following topics: March 15th is the deadline for owners to register their short-term rentals (STR); single family districts are not permitted to have short-term rentals for less than 30 days; the intent of the sting operation is to stop illegal activity; the City does not enforce Homeowner Association (HOA) regulations; the stakeholder advisory group will be a balanced committee of individuals that are STR owners, those who represent the tourist industry, and those who have had issues with STR's; and STR's located in Flour Bluff, Padre Island and Mustang Island that are operating in a single family district for less than 30 days will not be issued a permit. Mayor Guajardo opened public comment. The following citizens spoke in support of short-term rentals: Robert Suggs, 402 Carmel Parkway; Curtis Hanna, 425 Jester St.; Amanda Bliss, 4422 Marie St.; Gabriel Vega, 4026 Keywest; Denise Villagran, 434 Carmel Parkway; Albert Vega, 6325 Oso Parkway; Jason Page, 3515 Floyd St.; James Vanlanen, 3915 Amadas Dr.; Meagan Furey, 13718 Captain Kidd Dr.; Dusty Gordon 14854 Aquarius St.; Tanya Land, 2921 Newport Dr.; and Ryan Moore, 1718 Karen Dr. The following citizens spoke in opposition of short-term rentals: Matthew Protzeller, 13850 Halyard Dr.; Frank Stover, 13817 Longboat Dr.; Tom Cable, 13750 Three Fathoms Bank Dr.; Robert Algood, 15629 Three Fathoms Bank Dr.; Joe Walsup, 14126 Bounty Ave.; Marvin Jones, 15217 South Padre Island Dr.; and Holly Edwards, 14917 Canadian Mist Dr. Mayor Guajardo closed public comment. Council Member Smith made a motion to amend the ordinance as provided to Council, seconded by Council Member Barrera and passed unanimously. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Barrera. This Ordinance was passed on second reading as amended and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Page 9City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Nay:Council Member Hernandez1 - Abstained:0 Enactment No: 032642 FIRST READING ORDINANCES: (ITEMS 16 - 19)O. 16.21-1647 Zoning Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1) Ordinance rezoning property at or near 3202 Interstate 69 from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) This Item was postponed. 17.22-0038 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement Agreement with IHS Consultants, LP to construct off-site sanitary sewer improvements for a planned commercial development, Park Springs IHS, Blk 1, Lots 1-3, located on River Hill Dr and south of Northwest Boulevard (FM 624), with a completion date of 24 months; transferring $30,400.30 from the Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating $87,463.77 from the No. 4220-21801 Wastewater Collection Line Trust Fund to reimburse the Developer per the agreement. (District 1) Mayor Guajardo referred to Item 17. There were no comments from the Council. Council Member Lerma 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:Mayor Guajardo, Council Member Hernandez, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith 6 - Absent:Council Member Barrera, Council Member Hunter and Council Member Martinez3 - Abstained:0 18.22-0118 Ordinance authorizing an amendment of the current contract with Sinister, LLC to maintain the monthly rent rate of $100 for the first option year of the City owned property located at 1401 Leopard Street for a parking lot. Mayor Guajardo referred to Item 18. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the Page 10City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith 7 - Absent:Council Member Hunter and Council Member Martinez2 - Abstained:0 19.22-0056 Ordinance appropriating $71,940 from the unreserved fund balance of the Tax Increment Reinvestment Zone No. 3 Fund for incentives under the Streetscape and Safety Improvement Program; and amending the Fiscal Year 2022 operating budget. Mayor Guajardo referred to Item 19. There were no comments from the Council or the public. Council Member Lerma 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:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 BRIEFINGS: (ITEMS 20 - 22)P. 20.22-0074 Briefing on Municipal Court's Action Plan to Address Backlog of Ordinance Citations as developed in coordination with the Chair of the Municipal Court Committee and the City Manager. Mayor Guajardo referred to Item 20. Municipal Court Director Gilbert Hernandez and Presiding Judge Gail Loeb presented information on the following topics: presentation overview; purpose; background; municipal court-judicial staffing; increase in number of cases for ordinance violations; increase in number of people with ordinance violations; increase in the three most common code violations; increase in the three most common animal violations; comparison of people who appeared remote vs. in-person; hearing start dates; comparison of scheduling court dates pre-COVID and COVID; plan for addressing ordinance violations; plan for addressing ordinance violations January 18-21, 2022; Ordinance Dockets at American Bank Center January 18-21, 2022; plan for addressing ordinance violations January 25 - February 4, 2022; Ordinance Dockets January 25 – February 4, 2022; plan for addressing ordinance violations February 7-11, 2022; Ordinance Dockets February 7-11, 2022; 2022 warrant roundup; jury trials; American Bank Center Trials and Hearings; and Municipal Court Building. Page 11City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Council Members, Municipal Court Director Hernandez and Judge Loeb discussed the following topics: full-time judges will be presiding over these dockets; and Council Members' concerns about the inefficiency of the municipal court administrative process. 21.22-0053 Briefing on 2022 9% Low-income Housing Tax Credit Resolution of Support, Resolution of No Objection, Resolution of Objection or no City Council action process. Mayor Guajardo referred to Item 21. Assistant Director of Neighborhood Services Jennifer Buxton presented information on the following topics: low income housing tax credits; LIHTC timeline; low income housing tax credits; 2022 city application for resolutions; and concerted revitalization plan points. Council Members and Assistant Director Buxton discussed the following topics: no competitive criteria is required. 22.22-0142 Briefing on Proposed Policy changes to the City Ordinance that governs Dockless Scooters in the City Mayor Guajardo referred to Item 22. Director of Finance Heather Hurlbert presented information on the following topics: dockless scooter history/timeline; current operators; FY 21 scooter deployment; most frequented areas FY 2020; most frequented areas FY 2021; downtown survey; comparative analysis; recommended ordinance amendments; proposed fee structure; recommended ordinance amendments; estimated revenues and spending plan; licensing; and next steps. Council Members and Director of Finance Hurlbert discussed the following topics: a Council Member would rather see the $29,000 for the clean team put towards improving downtown sidewalks; and only 300 scooters can be parked on the seawall, but there will be additional parking available for scooters in other areas. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEMS 23 - 24) 23.21-1755 Appeal of the Building Standards Board's order to demolish the dilapidated/substandard structure located at 1301 N. Water Street and owned by 8058 MKII LLC. Mayor Guajardo referred to Item 23. Requestor, Ryan Joseph, 201 S. Chapparal St., stated that in May of 2021 code enforcement informed him that his building had been broken into. Mr. Joseph uses this building as storage for his lawn equipment. Mr. Joseph is requesting more time to remove this building. Page 12City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes The City requests that the Appellant remove the building within 30 days. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the resolution thereby upholding the Building Standards Board’s order to demolish the dilapidated/substandard structure located at 1301 N. Water Street and owned by 8058 MKII LLC, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Pusley and Council Member Smith 8 - Abstained:Council Member Molina1 - Enactment No: 032643 24.21-1756 Appeal of the Building Standards Board's orders to demolish the dilapidated/substandard structure identified as Building 1, Building 2 (also known as 2711 Mary Street) and Building 3 (also known as 2709 Mary Street) located at 2713 Mary Street and Building 1 and Building 3 (also known as 1017 Winnebago Street) located at 924 Waco Street; all structures owned by Marksman Brothers Investments Corpus Christi LLC . Mayor Guajardo referred to Item 24. Neither the Requestor nor a representative were present. City Attorney Miles Risley stated that these five properties are owned by the Markman Brothers. The notices were sent out by certified mail to the property owner. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Lerma made a motion to approve the resolution thereby upholding the Building Standards Board’s order to demolish the dilapidated/substandard structure identified as Building 1, Building 2 (also known as 2709 Mary Street) located at 2713 Mary Street and Building 1 and Building 3 (also known as 1017 Winnebago Street) located at 924 Waco Street; all structures owned by Markman Brothers Investments Corpus Christi LLC, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Page 13City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Aye:Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 8 - Absent:Council Member Hernandez1 - Abstained:0 Enactment No: 032644 EXECUTIVE SESSION: (ITEMS 25 - 26)Q. Mayor Guajardo referred to Executive Session Items 25 and 26. The Council went into Executive Session at 2:05 p.m. The Council returned from Executive Session at 4:07 p.m. 25.22-0054 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 parts of Emergency Services Districts in the territorial limits of Corpus Christi and Texas Health and Safety Code Chapter 775. This E-Session Item was discussed in executive session. 26.22-0096 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Corpus Christi-Nueces County Public Health District, various lawsuits, including, but not limited to, John F. Smith v. Nueces County Texas and/or Corpus Christi-Nueces County Public Health District, other legal issues related to the personnel, structure, and/or operation of said district, Texas Health and Safety Code Chapter 121, the Cooperative Agreement to Operate a Public Health District and amendments, reformations, and attachments thereto, other laws and regulations governing public health districts, members and membership in the public health district, grants to the members of the public health district, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the City Manager to execute an amendment to the "Reformed Cooperative Agreement to Operate a Public Health District" to provide for a 30-day extension (from January 18, 2022 to February 17, 2022) to the City's Withdrawal from the Public Health District to allow for further negotiations between the City and Nueces County concerning issues related thereto. Council Member Martinez made a motion to approve the motion, seconded by Council Page 14City of Corpus Christi Printed on 1/20/2022 January 11, 2022City Council Meeting Minutes Member Lerma. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2022-008 ADJOURNMENTR. There being no further business, Mayor Guajardo adjourned the meeting at 8:00 p.m. Page 15City of Corpus Christi Printed on 1/20/2022 DATE: December 1,2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement Agreement with IHS Consultants, LP to construct off-site sanitary sewer improvements for a planned commercial development, Park Springs IHS, Blk 1, Lots 1-3, located on River Hill Dr. and south of Northwest Boulevard (FM 624), with a completion date of 24 months; transferring $30,400.30 from the Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating $87,463.77 from the No. 4220-21801 Wastewater Collection Line Trust Fund to reimburse the Developer per the agreement. SUMMARY: IHS Consultants, LP is developing a new commercial development named Park Springs IHS and is requesting funds to construct sanitary sewer improvements. The estimated one-time cost of the sanitary sewer improvements is $187,087.82. BACKGROUND AND FINDINGS: The Developer, IHS Consultants, LP has requested reimbursement through a reimbursement agreement for a planned commercial development named Park Springs IHS BLK 1, Lots 1-3, located on River Hill Dr. and south of Northwest Boulevard (FM 624). Park Springs IHS Plat was approved by Planning Commission on September 5, 2018. Plat was extended until March 15, 2021, on September 15, 2021, by Planning Commissioning. The commercial development consists of 3.87 acres and is zoned CG-2. The off-site Sanitary Sewer improvement consists of installing 400 liner feet of 8-inch PVC SDR 26 pipe embedded in a 6-foot-deep trench, 169 feet of 16-inch steel casing by boring, and one 4-foot diameter manhole; removal and replacement of sidewalk ; connection to an existing wastewater manhole; and, related Storm Water Pollution Prevention (SWPPP), general Wastewater Collection Line Extension Construction and Reimbursement Agreement with IHS Consultants, LP for Off-site Sanitary Sewer Improvements for Park Springs IHS BLK 1, Lots 1-3 subdivision Royal Oak Future Sanitary Sewer AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/11/22 Second Reading Ordinance for 01/25/22 conditions, bonds, and insurance costs. The allowable reimbursement is 50 percent of the $187,087.82 off-site construction costs less the acreage fee credit of $6,079.77 for an allowable reimbursement amount of $87,463.77. The term of the agreement is 24 months. The project is eligible for reimbursement from the Wastewater Collection Line Trust Fund per UDC Section 8.5.2.E. On October 26, 2021, the Wastewater Collection System Master Plan was amended to transfer 15 acres of land, located on the southside of Northwest Boulevard (FM 624) between FM 1889 and CR 69, from Basin 37 on the southside of Northwest Boulevard to Basin 40 on the northside of Northwest Boulevard. The proposal is consistent with the Master Plan. ALTERNATIVES: This project will improve and facilitate development in the area. An alternative to utilizing trust funds to construct the sanitary sewer improvements would be to construct the improvements with a City initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer’s ability to build out the planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the sanitary sewer improvements is $187,087.82, the allowable reimbursement of 50 percent of off-site extension cost is $93,534.54 less the $6,079.77 lot/acreage fee credit, the maximum allowable reimbursement is $87,463.77. The available balance of the Wastewater Collection Line Trust of $57,063.47 will be appropriated. $30,400.30 from the Wastewater Trunk System Trust Fund will be transferred to the Wastewater Collection Line Trust Fund and appropriated to cover the $87,463.77 cost from the Wastewater Collection Line Trust Fund. Funding Detail: Fund: 4220 Wastewater Trunk System Trust Fund Organization/Activity: 21800 Wastewater Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Wastewater Collection Line Trust Fund Organization/Activity: 21801 Wastewater Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement Agreement with IHS Consultants, LP to construct off-site sanitary sewer improvements for a planned commercial development, Park Springs IHS, Blk 1, Lots 1-3, located on River Hill Dr and south of Northwest Boulevard (FM 624), with a completion date of 24 months; transferring $30,400.30 from the Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating $87,463.77 from the No.4220-21801 Wastewater Collection Line Trust Fund to reimburse the Developer per the agreement. 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 a Wastewater Collection Line Extension Construction and Reimbursement Agreement (Agreement) attached hereto, with IHS Consultants, LP for the construction and installation of 997 linear feet of 8-inch wastewater collection line which will tie into an existing manhole, to provide wastewater service for the planned commercial subdivision named Park Springs IHS, Block 1, Lots 1-3, Corpus Christi, Texas. SECTION 2. In the event of project delay, the City Manager or designee is authorized to execute an extension of the Agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of $30,400.30 is transferred from the No. 4220- 21800 Wastewater Trunk System Trust to the No.4220-21801 Wastewater Collection Line Trust Fund. SECTION 4. Funding in the amount of $87,463.77 is appropriated from the No.4220-2180 Wastewater Collection Line Trust Fund to reimburse the Developer for the off-site sanitary sewer improvements in accordance with the Agreement. SECTION 5. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2022. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and IHS Consultants, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 5, 2018. Plat has been extended until March 15, 2022 at September 15, 2021 Planning Commissioning meeting to develop a tract of land, to wit approximately 3.87 acres known as Park Springs IHS Blk 1, Lots 1-3, in Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Collection Line"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Collection Line; WHEREAS, it is to the best interest of the City that the Collection Line be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Collection Line, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1.TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of-the-assets of the trast-and not out of the City's assets. The City is exclude-d-from-p-ersonal --- liability. 2.REQUIRED CONSTRUCTION. Developer/Owner shall construct the Collection Line in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3.PLANS AND SPECIFICATIONS. a.Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Collection Line, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: 8'11 PVC SOR 26 l'6'-10• Cut) 400 LF Embedment 236 LF OSHA Trench Protectiorn 236 L!F 14" Diameter f\itanhole ((NJ� Deep) 1 EA Tie lo Exfating Manhole 1 .EA At-Grade Bore 20"" Casing 169 lF SWPPP 0.5 lS General Condstrons, Bonds and insurarme 0.5 lS Remove arnd Rep1ace Sidewalk 960 SF b.The plan must be in compliance with the City's master plans. c.The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d.Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 4.SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Collection Line. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5.PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro rata fees as required by the UDC. 6.DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Collection Line, under the approved plans and specifications, within 24 months of the approval of this Agreement by City Council. 7.TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 8.PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good fa_it_h _in___ performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 11 9.DEFAULT. The following events shall constitute default: a.Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b.Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c.Developer/Owner fails to award a contract for the construction of the Collection Line, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d.Developer/Owner's contractor does not reasonably pursue construction of the Collection Line under the approved plans and specifications. e.Developer/Owner's contractor fails to complete construction of the Collection Line, under the approved plans and specifications, on or before within 24 months of the approval of this Agreement by City Council. f.Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10.NOTICE AND CURE. a.In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b.After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c.In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d.Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e.In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1.Terminate this Agreement after the required notice and opportunity to cure the default; WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 11 2.Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3.Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f.In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 11.FORCE MAJEURE. a.The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b.If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten ( 10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12.NOTICES. a.Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1.If to the Developer/Owner: IHS Consulting, LP P.O.Box 781354 San Antonio, TX 78278 2.If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P.0. Box 9277 Corpus Christi, Texas 78469-9277 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 11 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P.0. Box 9277 Corpus Christi, Texas 78469-9277 b.Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c.Either party may change the address for notices by giving notice of the change under the provisions of this section. 13.THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Collection Line, contracts for testing services, and contracts with the contractor for the construction of the Collection Line must provide that the City is a third-party beneficiary of each contract. 14.PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15.WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Collection Line and the construction of the Collection Line for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16.REIMBURSEMENT. a.50% of the cost for the Collection Line less $6,079.77 lot/acreage fee credit is $87,463.77. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Wastewater Collection Line up to an amount not to exceed $87,463.77 a_s __ shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 11 b.The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c.Cost-supporting documentation to be submitted shall include: 1.Summary of Costs and Work Performed Form provided by the Development Services Department 2.Contractor and professional services invoices detailing work performed d.The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e.In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17.PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Collection Line Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.2. E. 18.INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all �--liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 11 account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage 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 the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a)all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert �itnesses-. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 11 (b)any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19.ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 20.DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 21.EFFECTIVE DATE. This Agreement becomes effective and i� binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22.DEDICATION OF COLLECTION LINE. Upon completion of the construction, dedication of Collection Line will be subject to City inspection and approval. 23.CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1)persons with a "controlling interest" in the entity, which includes: a.an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 1 O percent; b.membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c.service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2)a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, a-dvis-eror atto-rney-for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 8 of 11 signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 24.CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city secretary/conflict-disclosure/index 25.AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. Remainder of page intentionally left blank; signature page to follow. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 11 EXECUTED IN ONE ORIGINAL this ___ day of ________ , 2022. ATTEST: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT CITY OF CORPUS CHRISTI Al Raymond Director of Development Services For City Manager Page 10 of 11 STATE OF TEXAS COUNTY OF �Qvr:: § § § DEVELOPER/OWNER: IHS Consultants, LP. P.O.Box 781354 San Antonio, Texas 78278 By: Ismael H. Salazar , LP This instrument was acknowledged before me on � 9 , , 2021, by Ismael H. Salazar, (Developer) IHS Consultants, LP, a Texas Limited Partnership, on behalf of said corporation. � l ,1 hv, Notary Public's Signattfre - WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION ANO REIMBURSEMENT AGREEMENT Page 11 of 11 I o/f-i�-/..___� _J :r c.._-:--/r----�-Notes: 1.Total platted area contai ns 3.87 Acres of Land. (Includes StreetDedication)2.The receiving water for the storm water runoff from this proper ty is theOso Creek. The TCEQ has not classified the aquatic life use for the OsoCreek, but it is recognized as an environmentally sensitive area .. "!"he OsoCreek flows directly into the Oso Bay. The TCEQ has class 1 f1 ed theaquatic life use for the Oso Bay as "exceptional" and "oyster waters"and categorized the receiving water as "contact recreation" use.3.Grid Bearings and Distances shown hereon are referenced to the TexasCoordinate Sy stem of 1983, Texas South Zone 420 5, and are based onthe North American Datum of 1983(201 1) Epoch 20 1 0.00 . 0 • A Legend; 5/8 Inch Iron R od with red plas tic cop s tomped "URBA N ENGR CC TX" Found 5/8 Inch Iron Rod with red plas tic cop s tamped "URBAN ENG R CC TX" Set 5/8 Inch Iron R od Found 5/8 Inch Iron R od with yellow plas tic cop s tomped "VOSS ENG RP LS #2293" Found 3/4 Inch Iron R od Found Plat of Park Springs IHS Block 1 � Lots 1 through 3 - • c:o - it L. Site ,v�, J I I � Siesta loop I ' Northwest Boulevard � � ( (FM 624) C ::J cc "O ct 0 -� � n---.::CC=--L_' __ _J (I) E � (I) CD cH a: 0ai ...__,4.By graphic plotting only, this property is in Zone "C" on Flood InsuranceRate Map, Community Panel No. 485494 0257 C, Nueces County, Texas,which bears an effective date of March 18, 1985 and Flood InsuranceRate Map, Community Panel No. 485464 0 1 07 C, Corpus Christi, Texas,which bears an effective date of July 18, 1985, and it is not locatedin a Special Flood Hazard Area. 3.87 Acres out of a called 10.1947 Acre Tract, being the East 1 /2 of the East 1 /2 of Lot 3,Block 2, Nueces River Irrigation Park, a map ofwhich is recorded in Volume A, Page 54, MapRecords of Nueces County, Texas; said 10.1947Acre Tract being the same property described in Warranty Deed with Vendor's Lien from 624 MarketSquare Limtied Partnership to IHS Consultants, LP,recorded in Document No. 2009023698, OfficialPublic Records of Nueces County, Texas. -County of Nueces �ity of Corp.us Ch:-::r'"'1s::-,::1:-.-1 ---.1 Location Map: N. T.S. 5.The yard requirement, as depicted, is a requirement of the UnifiedDevelopment Code and is subject to change as the zoning may chan ge.6.Access across lot lines shall not be obstructed.7.30'x40' Shared Access Easement along Northwest Boulevard applies toexisting Lot 3B, Block 2, Nueces River Irrigation Park and Lot 1, Block LINE BEA DIS 1 ANCE L1 N0913 09"E 20.00 L2 S8 0"46 51 E 12.0o' 0 IS pa •IC2 132"05 31 128 .00 115.68' 1N8 310 23 E 115.48 I State of Texas County of Nueces This final plot of the herein described property was approved by the Depart ment of Development Services of the City of Corpus Christi, Texas. This the __ _ day of ___________ , 20, __ _ 1 f th" I t b ::�::::�:�::===---� □ :•� to : 11 ::=�===���'� �=�� •·= IRA�lf'l�1111=�; l�A�R]C�1 � •����D �B�••��,r.�· "t'�:�u�•" : L : •••G=: : 1><11-- 8.Driveway access onto Northwest Boulevard (FM 624) is prohibitec:-d;:;-=fr-o_m_ Lot 2. Lot 1 shall have shared access with Lot 3B, Block 2.2 0' Wide Nueces El North 9.If any lot is developed with residential uses, compliance with the open Utlllty Easement an�ctgc Cooperative , Inc. west Boulevard (FM 624)-_______________________ space regulation will be req uire d during the building permit phase. (Vol. 2347 Pg 79�venant 01 Access--c____� William J. Green, P.E. (Vol. 2347' p . 7 ' O .R.N.c . T.) t D I t S . E . (Val. 23 47• P g. 9 9. D.R.N.C.T.) S84'55'5t "E 281_72,71 eve opmen erv,ces ngineerr _ _ • g. ao1, D.R.N.c.r.j-.l\ •"'/ /// / / -_--_.,• -------": / streot Oedlcotlon -'t----State of TexasC -12 w· ---' .. -L 0,47 Acres (20 53 ide Oroinoge o·t � , , • 4sf)I!> County of Nueces f-r c11-✓ -/-sa,c.•5s•s1•E -J '' State of Texas County of Nueces lO�Wide GTE 15'U.E.-I J::. _ �,39_40�, 253,32'L , __ .: UE 1--�L.:.:Eosomem So uthw est lncorparatod)L !ii--,. � ll.f:-.L1 � _ lE.92' -�-•' I q:-UE ==:-=���----------This final plat of the herein described property was approved on behalf of the City of Corpus Christi, 42•y 0nd R.o.w. (Oaca= --.......J� "-• 20 Y.R./ , --=---:...:� ,__11 ·,, Texas by the Planning Comm·ss·1on .R. D.R.N.c. T.) . v,�e,. 30.,....,'30'X40' I I A=94•og•o� /,,. h UE 4 I-20 U.E. I •Sh ared / R=20.00' V / JS' ,---f--=------This final plat appro ved by the Corpus Christi -Nueces County Health Departme nt. This the ___ day of 2018. Any private sewage system shall be approved by the Corpus Christi -Nueces County health Department prior to installatio n. Lauren Rabe, MPA Nueces County, Health Department State of Texas County of Nueces 1 IHS Consultants, LP, hereby certifies that it is the owner of the lands ,embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the ___ day of __________ _ 20 __ _ By: IHS Management Team, LLC, its general partner By: ____________ _ By: _____________ _ Esther R. Solazar, limited partner Ismael H. Solazar, member State of Texas County of Nueces This instrument was acknowledged before me by Ismael H. Salazar, as member of IHS Management Team, LLC, general partner of IHS Consultants, LP, on behalf of said entity In said capoclty. This the ___ day of __________ _ Notary Public In and for the State of Texas State of Texas County of Nueces 20 __ _ This instrument was acknowledged before me by Esther R. Salazar, as limited partner of IHS Consultants, LP, on behalf of said entity in said capacity. This the __ _ day of _________ _ 20, __ _ Notary Public In and for the State of Texas en Access / L-32.86' JO'tJ-/ r;c=-,-(.__ ------= = - ""' Q � Eas em ent / /ChB-N3T5,1'21 7 I / / SO'Y,R.'-10· Wi de GTE Southw --�This the ---day of -----------• 20 (J o � / /Chl=29.29 UE4 / Eas e ment on�s� O !nc o rporo tedQ :ii / 6,B8' R o / GJ / / (Vol J2 p · · W N c ac,· .3, / Ded/ca i;,;nW.11 ,__ /· 9 202, o RN c. 1) ""':i?f;?§,.,;...1; Lott,,� If I //" 2 _?,,.!_ 8 � 1.00 Acres :!I l.,:q Lot 2 / J •I I E 2m k lfl ...: 43,559sf o, / 0 / JI 21° . .cc"" gJ -• 0/ ;:; 1.00 Acres if/ "':' UE / ,3,; ff! � 0 i;J �"'! I 43,ssost l 8 ,,, /1 ,.., o:"' "t rr1 w .1 ,'£ t , � Jo• 11 1; -c: J..J gJ ,-__· 0 •"i / I r-: "' I 311: / / / ci ,.., 0 � i;J co "' .?s §1 I 2J.1/ ·, � �� I I j ,t "' � §-3 i c5 "E' ,., "1 I Ii .o II / / " ,--·""' :8 :;;;_ §::,.3 ,-I ,.,:,,; 0"' '" fl'I I ,--.:: I II 2 -,; g gg 8fr'. z 139.0J' I I I I g � / / � 2:iii I 0, gJ NB0-46•51 735 07' Ci) z=: / � j oi k Q u ' 2 74.10• · I :r w r "'!;' . !!; (!)Lot 3 / If �'t,· 0 i:i f2:z // a: ///G i;J >.gJ 1/;-�1,;..JgJc5 0 J I I i !s1.40 Acres 60,984sf s o·xso·Shored A ccess Easem ent /1!1 ,,1 i;J fr'. t GJ ill ....-t-i·1-..1-I I I - ' u Jo{!� Temporary A I ,, I ,__ I-:--rv Easern enfcess I H-7 ol. 67 p S ..__ , I UE M.R N g. Jss. r-NBo�fls?i;;--;��••;De:t:aijl UE, , 1 • .c.r.J NB0•4e•s1 •w '-N � 46':S 1 .....22 4.10· -.. � 56,tn;• " a,. I .oro 1,., ,., , Nina Nixon-Mendez, FAICP Secretary Stote of Texas County of Nueces Eric Villarreal, P.E. Chairman I, Kara Sands, Clerk of the County Court in and for said County, do hereby certify thot the foregoing Instrument dated the __ doy of ______ 20,___ with its certificate of authentication was filed for record in my office the __ day of ______ 20. __ � At __ O'clock __M., and duly recorded the __ day of _____ 20 __ , at __ O'clock __M., in said County in Volume ___ Page ______ Map Records. Witness my hand and seal of the County Court, in and for said County, at office in Corpus Christi, Texas, the day and year last written. No. ____________ _ Filed for Record at _____ _ State of Texas County of Nueces O'clock ___ M. 20 ____ _ Kara Sands, County Clerk Nueces County, Texas By: ____________ _ Deputy th 6.32 A -co Cl)..,. � I, James D. Carr, a Registered Pr ofessional Land Surveyor for Urban Engineering, have prepared the \ 12. 154 A-foregoing map from a survey made on the ground under my direction and is true and correct to the \ \ L o t 2 cres out o f r --·best of my knowledge, information and belief; I have been engaged under contract to set all Lot and ' e East 1/ cres o ut f 2 o f t 0 L o t 3 he East 1/ Nueces R·• Bl o ck 2 2 o f Vo/ A1ver lrrigot;o 'Records f , Pg. 54 Mn Park( o Nuece • op O wner· IH s Count (D oc No 2 S Consu/ta t Y, Texas·0 09 023 698 n s, LP) , 0.P .R.N .c. T.) 15 0 100 50 �---- \ \ Nueces Ri ve; 1Bl ock 2 _ Block corners as shown herein and to complete such operations with due and reasonable diligence Vo / A rrigat; I consistent with sound professional practice. \ \ Rec ords of , Pg . 54 !:t Park\ \ (Ow n er· G Nueces C' op / \ \ fr . ra ce U . au nty T '-.iQ oc N n1t ed Me th . , ex o s I \ - _oc._200706J454 Ood,st Ch urch) / \ Privot --' .PR N C T) \__ (Doc. N o e2 g;�,��ge Easement-- -.: ...:_. -_j Sr.? o�--�100 200 I L. \'J'IJ11\'J'l,�IS::-S_\O�fu I l __ ___,j nU\NN\NG C,O _:,;... -GraP.h ic Seale r 1"=100 ' This the ___ day of __________ _ 20 __ _ Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. James D. Carr, R.P.L.S. Texas License No. 6458 II URBAN ENGINEERING TBPE FIRM NO. 14&, T8PLS FIRM NO. 100J2400 2725 SWANTNER OR, CORPUS Q,tRISTI. TX 78-404 PHONE: 3151.854.3101 WWW.URBANENG.COM Submitted: 06/26/18 SCALE: 1"=100' JOB NO.: 43223.00.01 SHEET: 1 of 1 DRAWN BY: XG C 2018 by Urban Engineering urbansurvell1�rbanena.com Exhibit 1 APPLICATION FOR SEWER LINE REIMBURSEMENT I, IHS Consultants, owner and developer of proposed Park Springs IHS, Block 1, Lots_ 1 through 3, hereby request reimbursement of $87,463.77 for the installation of the sewer collection line in conjunction with Park Springs IHS, Block 1, Lots 1 through 3, as provided for by City Ordinance No. 032357. Said $87,463.77 is the construction cost, including 12% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. �k__ (Developer) IHS Consultants, LP Ismael H. Salazar THE STATE OF TEXAS o COUNTY OF NUECES o (Date) This instrument was acknowledged before me on �'l\\'Jer S: 2021 by \ �l\\CA.€\ \\. • �"' \'--1� CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)sufficiency of funds in the Collection/Trunk Line Trust Fund (b)appropriation and approval by the City Council .;Qffeeten of Engincc1 it� ---(�er) () ev ..e-f oJI (llll,,lh,t + f e � i1� c J 5 e)/6--£/v&t� / f}ec_ 102/ (Date) Exhibit 2 APPLICATION FOR SEWER LINE CREDIT I, IHS Consultants, owner and developer of proposed Park Springs IHS, Block 1, Lots 1 through 3, hereby apply for $6,079.77 credit towards the sewer lot/acreage fee for the collection line extension installed in conjunction with Park Springs IHS, Block 1, Lots 1 through 3 as provided for by City Ordinance No. 032357. The off-site construction cost, including 12% Engineering, is $187,087.82 as shown by the cost supporting documents attached herewith. (Developer) IHS Consultants, LP Ismael H. Salazar THE STATE OF TEXAS o COUNTY OF NUECES o This instrument was acknowledged for me CERTIFICATION (Date) The information submitted with this application has been reviewed and determined to be correct and a credit for $ (, 0 ff I f /-is herewith approved. ,, . 9--,)� !'/Jee-'LE>ireeter ef Ettginoori-0g Date �icy Fngio�r) 0 e,_"'.el,fM�111.,t 5·�Y&Ot:-�5 ---�-· ,,�-e-v-- Exhibit 2 L CONSTRUCTION PLANS FOR PARK SPRINGS IHS, BLOCK 1, LOTS 1-3 PUBLIC SANITARY SEWER AND SIDEWALK IMPROVEMENTS ITEM DESCRIPTION I UNIT ESTIMATED QUANTilY A. PAVING IMPROVEMENTS: A1 loemorruonofExistingSidewalk SF 1,838 A2. Demolition of Existing ADA Ramp EA 1 A3 ADA Rame w/ Detectable Warning EA 1 A4 Sidewalk SF 4.460 ·-B. SANITARY SEWER IMPROVEMENTS: B1 Tie to Exitino 4' Diameter Manhole EA 1 B2 8" PVC SDR-26 {4'-6' Cut) Lf 127 B3 8" PVC SOR 26 (6'-8' Cut) Lf 160 B4 8" PVC SOR 26 (8'-1 O' Cut) Lf 541 B5 OSHA Trench Protection Lf 996 86 Embedment Lf 996 B7 4' Diameter Manhole EA 4 88 Pilot Tube Guided Bore Installation Lf 163 89 SCH 40. 20" Steel Casing LF 163 CORPUS CHRISTI, TEXAS CONTRACTOR IS RESPONSIBLE FOR NOTIFYING THE CITY OF CORPUS CHRISTI CONSTRUCTION INSPECTION DEPARTMENT (826-3240) AT LEAST THREE WORKING DAYS IN ADVANCE OF BEGINNING Aff'f WORK ON PUBUC IMPROVEMENTS. PUBUC IMPROVEMENTS INCLUDE WATTER, SANITARY SEWER, STORM SEWER AND STREET OR DRIVEWAY WORK ON OR TIEING INTO PJ!BUC FACIUTIES. PLANS ARE RELEASED FOR CONSTRUCTION DEVELOPMEITT SERVJCES ConstructionPhinswill cxpirebascdonthcconditions statcdinUDC3.8.5.F SHEET INDEX: SHEET NO. DESCRIPTION I COVERSHEET 2 GEHERALHOTESANDLEGENDS 3 PLANVl£WAHOCROSSS(CTION . PL.AH AND PROFILE LINE A 5 PLAN AND PROrllf UHE B THE FOU.OWING STANllARO SHEETS SPECIFICAl.1 Y IDENTIFlED BELOW HAVE BEEN SillCTID BY ME OR UNDER MY RESPONSIBLE SUPEIMS\ON >S BEING APPUCABLE TO THIS PROJECT. -------' P.E. ---- CITY STANDARDS INDEX CITY OF C.C. STANDARD CURB, GUTTER AND SIDEWALK DETAILS 1 OF 1 CITY OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 1 OF 4 CITY OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 2 OF 4 CITY OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 3 OF 4 CITY OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 4 OF 4 CITY OF C.C. STANDARD WASTEWATER DETAILS 1 OF 4 CITY OF C.C. STANDARD WASTEWATER DETAILS 2 OF 4 CITY OF C.C. STANDARD WASTEWATER DETAILS 3 OF 4 CITY OF C.C. STANDARD WASTEWATER DETAILS 4 OF 4 11£Wllff'OIKClllltStalllXI -SMJm:fWllrtlUP.a'r.llmJi.P1 ENGINEER: u•.,•1•"''"'"1 Digitally signed by Brett F. Flint, P.E. DN: cn=Brett F. Flint, P.E., o=City of Corpus Christ, ou=Development Services, email=BrettF@CCTexas.c om,c=US - Date: 2021.09.23 13:32:13 -05'00' MURRAY F. HUDSON, P.E. rlfm URBANllli ENGINEERING 18PE f'lRM NO. 14� TBPI.S FlRM MO, 100.)2400 212� SWAHTN(R DA. CORPUS CllAISTI, TX 711404 Plt[W,,l(:Jlll.�.)101 WWW.UROAAl[MC.COM JOB NO. 43223.C1 .00 DATE: SEPTEMBER 2021 1 OF 5 7 Exhibit 3 :· ����!�,�A�!;:�loo,or�snru� �ARA�PAY lttMS~ss�,�• 1 :�=���:�a:; =� :,cln::t!� 5PECAC\1DS LISTED IN 1HC COHRACT DOOJWCHT'S 00 T HC l. �s�.(R RE'ttSIOMS TO 1liCS[ PL.,t.HS wus11ec SlJ8MIT1[0 TO lHE EHGHEER FM 11£',tEWNiCI APPflOYAL PftKfl 10 4• �:��..rJ��s�'oWo��;:rcoo���o��:��cg4�� COST TO 0'lltO Oft ENaHWl I 5. EXISTIIC PAWfC. 8UII.OOtCS, 00 OMR ITEMS $»t()l#il OH Pt.ANS BUT NOT SPECFICAI.LYR£UTEII toll£ '#CM (f' nt: cx»URACTCfl AA£ FCR tFORMATDW.. PUllfOS£S CN..Y AHO MAYl8( �TO A l£SSER �y CR TO A LESSER (£QE: Cf' DETAI. THAN 1HE ROLNHOERCf'TH£PlNCS. 2. DEMOLITION 1. 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BE CONSIJLTEO FM ANY FlNAL AIWSTMEHTS TO IMPROVE FOR flOWABUTY Ck Tl £ Wl)(TIJRE. 100l>sj'CYPMTL.AtllC[MENT 25<lbs/CY WAlER JOOlb,/CYflYASH 2100lbs/CYSANO 6oz/CYDARAfll CALL BEFORE YOU DIG! ��M� .. HOURS HOTJCCBEFOR£ l'll<IOKI. ORI...L..ORll.AS'T-STOP�CAL.L - -811 1-800-344-8377 II· � 51 j I I <I) " 0 (J) ffl �i w 0� � �1� < �1-C/) lll !a � t 5 ; 111 ffi Ii II ::, � §hi.�!i�i !!gl ;!� !1�9 1111 ldi � J�. SHEET OF� JOB NO. 43223.Cl .00 Exhibit 3 ,�� .ilv{r���rvv ff� 1 �,�1 DJSTINGPALMTREES 10' [ /�� 5' l'MIN bm IPROPOS<O 5' �O[Wy= 'I I CROSS SECTION I SCALE:1"=5' CA�L BEFORE YOU DIG! A� P�P��= : � �n�rn� � �. DRIU. OR BUST -STOP ANO C\U t--811 ! 1-800-344-8377 S:\ProJ.c11\-IJOOOup\-lJ22J\C100\0WC\PU8LIC IMP'14ENTS\SIOEWALK IMPRVMNTS.dw9 modified by ACuorro or, S•p OB, 2021 -11:5Jom CONCRETE SIDEWAU< YARD REQUIREMENT LINE UTILITY EASEMENT LINE Cl 2: ,! 8 � w � � � SLOTINLIT I z UTILITY EASEMENT YARD REQUIREMENT s c;> IPROPERTY LINE (,) .,.. � �� :!i� @ h� 0 U)�:r z •►� < ;��3: i8!:!:! 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'\. rxIc;r i;• l"A� N ,....,, oonow O:oo I T I I I I I 11 I 1, I 111 """"' BOTTOM82.50 1111 I 1, -···-,., .. ,.,,. 1.0' l I I I 1, I "' I I I I I I I, I II 751 11�:; I I I I !�l� , �ij:,:;,�· Ila�;;; I I I I I I ij;:E 70 0+00 1+00 S:\Proj1d1\•3000up\4J22J\C100\0WC\PU9LIC IMPVr(NTS\20210903 UIFI.D'NC modlll•d by ACuwro on S� 08, 2021 -11:S6om 2+00 3+00 4+00 5+00 SANITARY SEWER LINE A PROFILE VIEW SCALE: 1·-so·-0· HORIZ. ,·-s· VERT. 6+00 90 NOTE: THE CONTRACTOR SHALL HAVE ALL EXISTING UTILITIES WITHIN FM 624 ROW LOCATED HORIZONTALLY AND VERTICALLY PRIOR TO ST ART OF CONSTRUCTION TO VERIFY THAT THERE ARE NOT ANY CONFLICTS WITH PROPOSED BORE. A � PLANS ARE RELEASED FOR CONSTRUCTION DEVELOPMENT SER VICES ConstructionPlonsW1ll expirebascdonlhccondirions s1a1cdinUDC3.R.5.F Digitally signed by Brett F. Flint, P.E. DN: cn=Brett F. Flint, P.E., o=City of Corpus Christ, ou=Development Services, ,!!roail=BrettF@CCTexas.c om,c=u·s- Date: 2021.09.23 13:34:34 -05'00' 011G: J � � ; � !,.;; � � 5 � <( w z ::i w _J u:: 0 a: a. C z <( z <( u�!i�81-i!I !1i t � ► Ill 111!I ii �h ij;g <id ,ia �i i ;;� ::, ill offi� IMllm � ,�i SHEEI' OF---5... JOB NO. 43223.Cl .00 Exhibit 3 I I SANITARY sJwER LINE B PLAN VIEW SCALE, 1 "=50' -o• NOTE: THE CONTRACTOR SHALL HAVE ALL EXISTING UTILITIES WITHIN FM 624 ROW LOCATED HORIZONTALLY AND VERTICALLY PRIOR TO START OF CONSTRUCTION TO VERIFY THAT THERE ARE N©T ANY CONFLICTS WITH PROPOS�D BORE. ·-�"·-•""'W•---l"�"-··-....... -- �. -~" ·- 90 85 80 75 70 90 --,---,I 85 80 75 ' zl 1.!-��� 1,-!J'"-:��� '+l-r-.i: ::t"CO•oomtc ·1�� �� ... 70 0+00 1+00 2+00 3+00 SANITARY SEWER LINE B PROFILE VIEW SCALE: 1"•50'-Q'" HORIZ. 1�•5' VERT. e\ i , PLANS ARE RELEASED FOR CONSTRUCTION DEVELOPMENT SERVICES Construction Plans will e11:pirebasedonthecondi1ions statedinUDCJ.8.5.F Digitally signed by Brett F. Flint, P.E. DN: cn=Brett F. Flint, P.E., o=City of Corpus Christ, ou=Development Services, elJ)ail=BrettF@CCTexas.c om,c=U'S Date: 2021.09.23 13:35:27 -05'00' J � � 011 G: ; � ! I .. � � Q � ·-� !ii "' ,_?��\ti h ;H,�.'t);i If-,:[ fi=�ll" m w ·1z � :::i � 9 � �;� !s �r a: lil � a.. t Q Cr � 11 z �; ii :I dJ ;i�--� ;ii �I E eu . t�� �1� 1111 lh:� � � � StEET OF _5_ JOB NO. 43223.Cl .00 Exhibit 3 PRELIMINARY ESTIMATE FOR PARK SPRINGS IHS, BLOCK 1, LOTS 1 - 3 Corpus Christi, Texas UE Job No. 043223.C1.00 Oct. 11, 2021 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. SANITARY SEWER IMPROVEMENTS: 1 8" PVC SDR 26 (6'-10' Cut)997 LF $110.00 $109,670.00 2 Embedment 997 LF $10.00 $9,970.00 3 OSHA Trench Protection 997 LF $2.00 $1,994.00 4 4' Diameter Manhole (6'-8' Deep)4 EA $8,500.00 $34,000.00 5 Tie to Existing Manhole 1 EA $5,000.00 $5,000.00 6 At-Grade Bore 16" Casing 169 LF $450.00 $76,050.00 7 SWPPP 1 LS $3,250.00 $3,250.00 8 General Conditions, Bonds and Insurance 1 LS $18,000.00 $18,000.00 9 Remove and Replace Sidewalk 960 SF $10.00 $9,600.00 TOTAL ESTIMATED IMPROVEMENTS COSTS:$267,534.00 Contingency @ 10%: $26,753.40 Sub-Total: $294,287.40 Enginerring, Testing and Surveying @ 12% $35,314.49 Grand Total: $329,601.89 B. OFF-SITE PORTION ELIGIBLE FOR REIMBURSEMENT 1 8" PVC SDR 26 (6'-10' Cut)400 LF $110.00 $44,000.00 2 Embedment 236 LF $10.00 $2,360.00 3 OSHA Trench Protection 236 LF $2.00 $472.00 4 4' Diameter Manhole (6'-8' Deep)1 EA $8,500.00 $8,500.00 5 Tie to Existing Manhole 1 EA $5,000.00 $5,000.00 6 At-Grade Bore 20" Casing 169 LF $450.00 $76,050.00 7 SWPPP 0.5 LS $3,250.00 $1,625.00 8 General Conditions, Bonds and Insurance 0.5 LS $8,500.00 $4,250.00 9 Remove and Replace Sidewalk 960 SF $10.00 $9,600.00 TOTAL ESTIMATED REIMBURSEMENT: $151,857.00 Contingency @ 10%: $15,185.70 Sub-Total: $167,042.70 Enginerring, Testing and Surveying @ 12% $20,045.12 GRAND TOTAL: $187,087.82 Maximum Allowable Reimbursement 50% of off-site extension cost = 0.50 x 187.087.82 = $93,543.54 . MAX. Reimbursement: $93,543.54 Less Acreage Fee Credit: $6,079.77 Reimbursement less Acreage Fee: $87,463.77 1 of 1 Exhibit 4 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 beanswered. If the question is not applicable, answer with "NA". NAME: IHS Consultants, LP STREET: P.O. Box 8176 CITY: Corpus Christi ZIP: 78468 FIRM is:Qcorporation @Partnership Qsole Owner QAssociation Qother ________ _ 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) N/A 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 N/A 3.State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4.State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhelEf-eiselesure-ef-aAy-iAformation requested; and that supplemental statements will be-promptly submitted tothe City of Corpus Christi, Texas as changes occur. Certifying P erson: I smae l H. Sa lazar Title: General Partner (Print Name) Signature of Certifying Person�&-----Date: _l_r_-_J"_-_).._v_"--__.-r ____ _ K:\DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT _5.12.2015.DOC Exhibit 5 Reimbursement Agreement City Council January 11, 2022 Agreement with IHS Consultants, LP For Wastewater Collection Line Improvements Park Springs IHS, Blk1, Lots 1-3 2 Aerial Overview N Boundary is 3.91 Acres and not a full rectangle. Bottom right corner reveals boundary lines 3 Location Map N 4 Proposed Improvements N 5 Trust Fund Balance as of September 30, 2021 Sanitary Sewer Collection Line Trust Fund’s Balance is $57,063.47 Funding in the amount of $30,400.30 is transferred from Wastewater Trunk System Trust Water Arterial Transmission & Grid Main Trust Water Distribution Main Trust Sanitary Sewer Trunk System Trust Sanitary Sewer Collection Line Trust lot & acreage fees pro-rata fees lot & acreage fees pro-rata fees 75% surcharge 25% surcharge 75% surcharge 25% surcharge $197,650.50 $48,658.29 $225,125.33 $57,063.47 *Includes obligation for Westpoint Crossing Unit 2 approved in October 6 Approval The request submitted by the applicant is in accordance with UDC 8.5.2.E Recommendation 7 Plat 8 Wastewater Collection System Master Plan This plan is consistent with the Wastewater Master Plan. Collection System for the Allison Service Area. F.M. 624 NORTHWEST RIVER HILLPINNACLEIH 69IH 37 FM 1889FM 624 NORTHWEST BLVD FM 1694LEOPARD STCALLICOATTE RDI H 37µ 0 750375Feet LOCATION MAP Date Created: 12/16/2021Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTY NUECES RIVER IRRIGATION PA RKEAST 1/2 OF EAST 1/2, LOT 3, BLK 2 Map Scale: 1:2 ,500 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 11, 2022 Second Reading Ordinance for the Council Meeting of January 25, 2022 DATE: January 04, 2022 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 CAPTION: Ordinance authorizing an amendment of the current contract with Sinister, LLC to maintain the monthly rent rate of $100 for the first option year of the City owned property located at 1401 Leopard Street for a parking lot. SUMMARY: The purpose of this item is to amend the current contract from a monthly rate of $300 to $100 with Sinister Off Road, LLC for use of a parking lot on 1401 Leopard. BACKGROUND AND FINDINGS: Sinister Off Road is an automotive, off road, and custom fabrication shop located on 1400 Leopard Street. This lease refers to a City parking lot that has not been in use and is across the street on 1401 Leopard Street. In return, the City will gain revenue and maintenance on a parking lot that has been vacant. The Harbor Bridge construction has caused a major disruption to this automotive shop and has made it hard to conduct business and has reduced their revenues. In addition, the continued negative impact of the COVID-19 pandemic has reduced his labor workforce and has caused a reduction of work to be accomplished. Furthermore, COVID-19 has also produced a shortage of the supply chain causing delays of many automotive parts. Lastly Sinister has been a great neighbor in taking care of this property and provided additional security around our City Hall Building. The key points of this amended lease are: The first-year rental rate was $100 per month Still four (4) additional one-year periods (option periods) $100 per month rent, on or before the first day of each month for the first-year option; all other remaining options remain at $300 per month rent Sinister will be solely responsible for the costs of surface maintenance, repairs, mowing and grounds maintenance, and all utilities City of Corpus Christi and Sinister Off Road Amendment of Lease Agreement. The premise will serve as a parking lot only, and for no other purpose May not assign this lease or sublet without consent of the City Shall not make alterations, additions, or structural changes without prior written consent and approval of the City Responsible for the towing of unauthorized vehicles on leased property ALTERNATIVES: An alternative would be to not lease the parking lot to Sinister Off Road. However, this will provide an opportunity for the City to gain revenue in addition to maintenance on a parking lot that has been vacant. FISCAL IMPACT: A total of $1,200 will be the annual amount of rent for this agreement for the first-year option. FUNDING DETAIL: Fund: 1020 Organization/Activity: Mission Element: Project # (CIP Only): Account: 343400 Cost: $1,200 RECOMMENDATION: Staff recommends approval of ordinance authorizing the first-year option of $100 per month with remaining three (3) year lease with Sinister, LLC with monthly rent of $300 for use of the city owned property located at 1401 Leopard Street for a parking lot. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Lease Agreement Ordinance authorizing an amendment of the current contract with Sinister, LLC to reduce the monthly rate rent rate of $300 to $100 for the first option year of the city owned property located at 1401 Leopard Street for a parking lot. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute a n amendment of the current contract with Sinister, LLC to reduce the monthly rate rent rate of $300 to $100 for the first option year of the city owned property located at 1401 Leopard Street for a parking lot. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2022. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SINISTER, LLC FIRST EXTENSION AND AMENDMENT This Lease Agreement Extension ("Extension") is entered into this _____day of ___________, 2022 by and between the CITY OF CORPUS CHRISTI, a Texas Home Rule Municipality, hereinafter referred to as the "City", and the SINISTER OFF ROAD LLC, a Texas limited liability company, hereinafter referred to as the "Lessee". WHEREAS, the City of Corpus Christi and Sinister Off Road, LLC entered into a lease agreement for a parking lot located at 1401 Leopard Street on November 18, 2020 and effective on January 4, 2021. WHEREAS, the City of Corpus Christi and Sinister Off Road, LLC wish to extend this lease for the first of the 4 additionally authorized one-year periods. WHEREAS, the City of Corpus Christi understands the negative impact of COVID-19 on Sinister Off Road, LLC’s business operations and wish to reduce that impact. NOW THEREFORE, the City and Lessee hereby agree and amend as follows: Section 1. TERM. The term of this First Lease Extension is for one (1) year, beginning on January 4, 2022. Section 2. RENT The Lessee agrees to pay the City the sum of $100 per month as rent, which shall be due and payable without demand or notice on or before the first (1st) day of each month during the term of this Lease All other terms of the Original Agreement remain in effect. Each party to this Agreement has caused it to be exec uted on the date indicated below, both of which hereby represent that the signatures to this Agreement, below, are of those persons with the capacity and authority to legally bind the parties. CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM ________________________________ ________________________________ Peter Zanoni, City Manager Assistant City Attorney Date ________________________________ Date SINISTER, LLC. __________________________________ __________________________________ Printed Name __________________________________ Title __________________________________ Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on _____________________, 202 2, by _____________________________, _____________ on behalf of the company. ________________________________ Notary Public, State of Texas . DATE: December 14, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Heatherh3@cctexas.com 361-826-3227 CAPTION: Ordinance appropriating $71,940 from the unreserved fund balance of the Tax Increment Reinvestment Zone No. 3 Fund for incentives under the Streetscape and Safety Improvement Program and amending the Fiscal Year 2022 operating budget. SUMMARY: The Corpus Christi Downtown Management District (DMD) would like to amend the current Tax Increment Reinvestment Zone #3 budgeted line item for the Streetscape and Safety Improvement Program from $200,000 annually to $271,940 for Fiscal Year (FY) 2022. The TIRZ #3 Board approved two incentives on December 14, 2021 that included budget amendments in the total amount of $71,940. BACKGROUND AND FINDINGS: Since the creation of the Streetscape and Safety Improvement Program in 2018, the DMD has worked to maximize the projects and properties improved by the program. The program has been a great success and the most frequently used of the TIRZ #3 incentive programs. Project scales have grown significantly with two large scale projects approved in 2021 that required multi-year payouts. Because of this, $150,000 of the FY 2022 allocation of $200,000 was committed by October 2021 right as the fiscal year began. In order to continue to facilitate streetscape projects this year, this budget amendment is needed. The TIRZ #3 Board approved this budget amendment at their meeting on December 14, 2021. ALTERNATIVES: City Council could choose not to approve this amendment or could make other recommendations. Ordinance Amending Tax Increment Reinvestment Zone #3 Fiscal Year 2022 Operating Budget AGENDA MEMORANDUM First Reading for the City Council Meeting of January 11, 2022 Second Reading for the City Council Meeting of January 25, 2022 FISCAL IMPACT: This budget amendment will appropriate $71,940 from the unreserved fund balance of the Tax Increment Reinvestment Zone No. 3 Fund (Fund 1112) to the Streetscape and Safety Improvement Program for a total FY 2022 budget not to exceed $271,940. Funding Detail: Fund: 1112 Organization/Activity: 10286 Mission Element: 707 Project # (CIP Only): N/A Account: 540450 RECOMMENDATION: City staff recommends approval of the amended budget of an additional $71,940 for the Streetscape and Safety Improvement Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $71,940 from the unreserved fund balance of the Tax Increment Reinvestment Zone No. 3 Fund for incentives under the Streetscape and Safety Improvement Program; and amending the Fiscal Year 2022 operating budget. WHEREAS, the Tax Increment Reinvestment Zone No. 3 (TIRZ #3) Board and City Council approved the TIRZ #3 budget for fiscal year 2022, which included $200,000 for the Streetscape and Safety Improvement Program; WHEREAS, on December 14, 2021, the TIRZ #3 Board voted to approve two incentive agreements under the Streetscape and Safety Improvement Program that included recommending budget amendments in the total amount of $71,940.00; BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $71,940.00 are appropriated from the unreserved fund balance in the TIRZ #3 Fund No. 1112 to fund incentives under the Streetscape Improvement Program. SECTION 2. That the FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $71,940.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 202 2, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 202 2. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3935 CAPTION: Ordinance appropriating $3,000,000.00 from the General Fund unreserved fund balance for Fire Department equipment funded by the FY 2021 Texas Ambulance Supplemental Payment Program revenue and amending the FY 2022 Operating Budget by increasing expenditures in the Fire Department General Fund by $3,000,000.00. SUMMARY: This ordinance will appropriate $3,000,000.00 from the General Fund unreserved fund balance and amend the FY 2022 Operating Budget by increasing expenditures in the General Fund by $3,000,000.00 which will be allocated to the Corpus Christi Fire Department (CCFD) for department purchases. BACKGROUND AND FINDINGS: For the last four years, CCFD has participated in the Texas Ambulance Supplemental Payment Program (TASPP). TASPP is a program that allows approved governmental ambulance services providers across Texas, which includes CCFD, to receive supplemental payments associated with the cost of providing services to Medicaid beneficiaries and uninsured patients. In FY 2021, the City received a $4,845,250.65 check from TASPP. CCFD has allocated $1,845,250.65 in TASPP funds for the replacement of 140 Self Contained Breathing Apparatuses and the replacement of one engine truck. This item uses the remaining $3,000,000 of TASPP revenue that the City received in FY 2021 and appropriates said funding in FY 2022. The remaining $3,000,000.00 of TASPP revenue will be allocated to CCFD for purchases of equipment and supplies used during emergency response situations. These purchases include updated audio and visual equipment for the Emergency Operations Center, 25 new Automated External Defibrillator (AED) to replace outdated devices, 21 new LUCAS devices, 20 new cardiac monitors to replace the outdated monitors, one additional fire engine for emergency response, and payment to CCFD’s Emergency Medical Services (EMS) billing company, Digitech. Per the current contract with Digitech, the City is responsible to pay 4.96% of TASPP collections. Appropriating $3,000,000 from the General Fund Unreserved Fund Balance and Amending the FY 2022 Operating Budget by Increasing Expenditures in the General Fund. AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 ALTERNATIVES: The alternative to accepting the ordinance amending the revenue and expense increase is to leave the current General Fund operational budget as it stands; however, this will limit CCFD’s ability to purchase equipment necessary for emergency response situations. FISCAL IMPACT: The financial impact is an increase in the FY 2022 General Fund expenditures by $3,000,000.00 which will be allocated to CCFD for department purchases. CCFD purchases include updated audio and visual equipment in the Emergency Operations Center that total $397,892.78, 25 new Automated External Defibrillators (AEDs) that total $89,875.00, 21 new LUCAS Devices that total $308,000.00, twenty new cardiac monitors that total $1,104,330.06, one additional fire engine that costs $859,000.00, and payment to Digitech, the EMS billing company contracted with CCFD, that totals $241,000.00. These purchases total to $3,000,097.84. CCFD will utilize its current operational budget to fund the different of $97.84. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 550020 Vehicle and Machinery Amount: $859,000.00 Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $241,000.00 Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 520090 Minor Tools Amount: $1,502,205.06 Fund: 1020 General Fund Organization/Activity: 11950 Emergency Management Mission Element: 095 Emergency Operations Project # (CIP Only): N/A Account: 520100 Computer Equipment & Software Amount: $397,892.78 RECOMMENDATION: Staff recommends approval of this ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $3,000,000.00 from the General Fund unreserved fund balance for Fire Department equipment funded by the FY 2021 Texas Ambulance Supplemental Payment Program revenue and amending the FY 2022 Operating Budget by increasing expenditures in the Fire Department General Fund by $3,000,000.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. $3,000,000.00 from the Texas Ambulance Supplemental Payment Program (TASPP) is appropriated to the General Fund unreserved fund balance for purchases of equipment and supplies for emergency response situations. SECTION 2. The FY 2022 Operating Budget is amended by increasing expenditures by $3,000,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2022. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3935 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year supply agreement for the purchase of Emergency Medical Services medications with Bound Tree Medical, LLC. of Dublin, Ohio for a total amount of $122,222.28, with two one-year options for a total amount of $366,666.84, effective upon issuance of a notice to proceed, with FY 2022 funding in an amount of $81,481.52 available in the General Fund. SUMMARY: This motion will authorize the purchase of Emergency Medical Services (EMS) medications for the Operations division of the Corpus Christi Fire Department (CCFD). EMS medications are used during EMS calls and are critical for public health and safety. These medications are utilized by paramedics on CCFD ambulances and fire apparatuses when responding to emergencies throughout the city. BACKGROUND AND FINDINGS: Approximately 78% of CCFD calls from 911 are requests for EMS assistance. For these calls, various pharmaceuticals are needed to provide intervention and support to citizens found with cardiac issues, diabetic emergencies, seizure activity and overdoses. The EMS medications are carried by CCFD ambulances and fire apparatuses and utilized by trained paramedics who responsible for emergency responses. The previous supplier was Life-Assist, through a one-year agreement in the amount of $146,964.04, with two one-year options for a total amount of $440,892.12. The full three years were exercised. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Bids process to obtain bids. The City received three responsive, responsible bids and staff is recommending the award to Bound Tree Medical, Inc. The EMS Medications for the Corpus Christi Fire Department (CCFD) AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 previous award was issued to Life-Assist in the amount of $146,964.04 for a one-year Supply Agreement. Bound Tree Medical’s bid is $24,741.76 less than the incumbent’s current contract. ALTERNATIVES: The alternative is not to award the contract and purchase off -contract which would be more costly and possibly not as efficient for receiving the required medical supplies. FISCAL IMPACT: The fiscal impact for CCFD in FY 2022 is approximately $81,481.52. The remaining costs of $285,185.32 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 520030 Chemical/Household Supplies RECOMMENDATION: Staff recommends approval of the motion authorizing a one-year supply agreement with Bound Tree Medical, LLC. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Adenosine 40 CT $21.48 $859.20 $50.00 $2,000.00 $22.48 $899.20 2 Albuterol 70 CT $3.02 $253.68 $6.00 $420.00 $7.26 $508.20 3 Amiodarone 20 BX $45.46 $909.20 $22.00 $440.00 $42.22 $844.40 4 Asprin 288 EA $0.69 $198.72 $0.85 $244.80 $0.87 $250.56 5 Atropine Sulfate 70 CT $104.25 $7,297.50 $114.00 $7,980.00 $125.00 $8,750.00 6 CA Gluconate 10% IV 12 TY $294.75 $3,537.00 $280.00 $3,360.00 $344.85 $4,138.20 7 CA Gluconate 2.5%Gel 80 EA $33.10 $2,648.00 $35.50 $2,840.00 $66.45 $5,316.00 8 Dextrose 50% 90 CT $106.43 $9,578.70 $105.00 $9,450.00 $148.60 $13,374.00 9 Diphenhydramine 20 TY $28.45 $569.00 $29.25 $585.00 $27.90 $558.00 10 Dopamine 8 CT $63.65 $366.62 $250.00 $2,000.00 $259.93 $2,079.44 11 Epinephrine 1:1000 20 CT $124.97 $6,248.50 $410.00 $8,200.00 $498.67 $9,973.40 12 Epinephrine 1:10,000 94 CT $62.62 $5,886.28 $57.40 $5,395.60 $71.97 $6,765.18 13 Furosemide 24 TY $35.22 $845.28 $82.00 $1,968.00 $46.78 $1,122.72 14 Glucagon 180 EA $168.77 $30,378.60 $179.90 $32,382.00 $228.80 $41,184.00 15 Glucose Paste 600 EA $3.42 $684.00 $2.75 $1,650.00 $1.26 $756.00 16 Labetalol 20 CT $3.48 $696.00 $42.50 $850.00 $101.79 $2,035.80 17 Lidocaine 56 CT $34.46 $1,929.76 $37.00 $2,072.00 $42.76 $2,394.56 18 Magnesium Sulfate 50%7 TY $55.72 $390.04 $65.00 $455.00 $62.92 $440.44 19 Methylpred 15 CT $228.39 $3,425.85 $235.00 $3,525.00 $264.81 $3,972.15 20 Naloxone 128 CT $235.45 $30,137.60 $175.00 $22,400.00 $236.83 $30,314.24 21 Midazolam 16 CT $12.11 $193.76 $27.00 $432.00 $14.51 $232.16 22 Morphine Sulfate 48 BX $10.42 $1,250.40 $225.00 $10,800.00 $69.58 $3,339.84 23 Nitrostat Spray 98 BX $88.70 $8,692.60 $180.00 $17,640.00 $122.95 $12,049.10 24 Ondansetron 130 TY $7.78 $1,011.40 $14.00 $1,820.00 $9.74 $1,266.20 25 Sodium Bicarbonate 17 CT $116.77 $1,985.09 $125.00 $2,125.00 $149.05 $2,533.85 26 Tranexxamic Acid 30 TY $41.65 $1,249.50 $42.00 $1,260.00 $51.47 $1,544.10 27 Expedited Deliveries 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 TOTAL $122,222.28 $143,294.40 $157,641.74 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 3919-EMS Medications BUYER: DESIRREE ORTIZ Henry Schein, Inc. Dublin, Ohio Ranch Cordova, CA Melville, NYITEMDESCRIPTIONQTYUOM Bound Tree Medical, LLC Life-Assist, Inc. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 SUPPLY AGREEMENT NO. 3919 EMS Medications for Corpus Christi Fire Department (CCFD) THIS EMS Medications for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Bound Tree Medical, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide EMS Medications for CCFD in response to Request for Bid No. 3919 (“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 EMS Medications for CCFD 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. (A)The Term of this Agreement is twelve months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional twelve-month periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B)At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3.Compensation and Payment. This Agreement is for an amount not to exceed $122,222.28, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must 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: Mariza Rodriguez Fire Department 361-826-3994 MarizaR@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. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 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. 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 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: Mariza Rodriguez Contract/Funds Adminstrator 2406 Loepard Suite #300, Corpus Christi, Texas 78408 Phone: 361-826-3994 Fax: N/A IF TO CONTRACTOR: Bound Tree Medical, LLC Attn: Addie Shough Pricing Analyst, Bids & Contracts 5000 Tuttle Crossing Blvd., Dublin, Ohio 43016 Phone: 614-760-5352 Fax: N/A 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B)Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director of Finance – Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3919 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC SVP Marketing Corey Case 1/4/2022 Revised 11.30.20 Page 1 of 3 Section 4 - Scope of Work General Requirements/Background Information The Supplier shall provide medications in accordance with the specifications listed herein. These medicines will be utilized by the Corpus Christi Fire Department, Emergency Medical Services technicians, to treat patients. This contract will provide needed medications to be purchased on an “as needed” basis by the Emergency Medical Services (EMS) Division of the Corpus Christi Fire Department. Scope of Work A. Delivery 1. Supplier shall make inside delivery to City locations within five calendar days to the addresses specified. All Contract prices are F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited 48-hour delivery services will be required in some instances; therefore, Supplier must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2.Delivery, as used in this section, means the goods ordered and received by the City. Receipt of goods that do not conform to specifications will not be accepted by the City. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Suppliers inability to deliver the product within the five-calendar day stipulation. Cancellations shall be in writing and sent to Supplier by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Supplier’s inability to meet the five-day delivery deadline. Returns to Supplier of late orders received after the cancellation notice has been sent shall be at Supplier’s expense. The City may seek the products from another source if Supplier fails to deliver on time. 3.Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm CT. B. Defective Goods Supplier shall pay for return shipment on any goods that arrive in a defective unusable or inoperable condition. Supplier must arrange for the return shipment of damaged goods. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Revised 11.30.20 Page 2 of 3 C.Product Expiration Supplier shall provide medical supplies with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months after the delivery date will be returned to Supplier for credit or replacement at Supplier’s expense. D.Discontinued Items In the event the manufacturer discontinues particular product(s), the City may allow Supplier to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Supplier requests permission to substitute a new product, Supplier shall provide the following to the City: 1.Documentation from the manufacturer that the product has been discontinued. 2.Documentation that names the replacement product. 3.Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4.Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5.Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6.These providers related to product discontinuance apply only to products specifically listed in this solicitation document. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Revised 11.30.20 Page 3 of 3 Special Instructions A. Monthly orders of required medications (Except for controlled medications listed below in special instructions section), will need to be shipped to: Corpus Christi Fire Department Attention: EMS Supply Coordinator 1501 Holly Road Corpus Christi, TX 78417 B. All controlled medications to be shipped as per DEA regulations to address on DEA Certificate: Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Controlled Medication: Midazolam (Versed) Morphine Sulfate C. Supplier must process electronic Schedule II narcotic forms (e222). DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Date: Nov . 16, 2 021 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 3919 EMS Medications for CCFD Bidder: Bound Tree Medical, LLC Authorized Signature: 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions beforecompleting bid. 2.Quote your best price for each item. 3.In submitting this bid, Bidder certifies that: a The price s in this bid have been arrived at independently, without consult ation, 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 Purcha sing 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 Adenoslne 1 6mg/2ml CT 40 $21.48 $859.20 NOC# 25021-301-02 per BX of 10 Packaged: 10 vial/carton Albuterol a.mg/3ml $3.02 2 CT 70 per BX of $253.68 NOC # 0487-9501-01 25 vials Packaged: 30 pouch/carton Amiodarone 3 150mg/3ml BX 20 $45.46 $909.20 NOC #63323-616-03 per PK of 25 25 Vials /box DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Addendum 3 -Page 2 of 4 Item Description Unit Qty Unit Total Price Price Asprln 81 mg/ 1 tablet 4 NDC # 0904-4040-73 EA 288 $0.69 $5.52 Packaged: 36 tabs/bottle per BTL Price by each bottle Atropine Sulfate 1mg/5ml CT 70 $7,297.50 5 NDC # 0409-4910-34 $104.25 Packaged: 1 syringe/carton per PK of lO Pricing per carton of 10 CA Gluconate 10% IV lgm/l0ml $3,537.00 TY 12 $294.75 NDC # 63323-360-19 per PK of 25 Packaged: 25 vial/tray CA Gluconate 2.5% Gel $2,648.00 7 25g tube EA 80 $33.10 NDC#-N/ A this is OTC Product Dextrose 50% 8 25g/50ml CT 90 $106.43 $9,578.70 NDC # 0409-7517-16 per BX of 10 Packaged: 1 syringe/carton Pricing per carton of 10 Dlphenhydramlne 9 50mg/1ml TY 20 $28.45 $569.00 NDC # 0641-0376-25 per PK of 25 Packaged: 25 vial/tray Dopamine 10 400mg/250ml CT 8 $63.65 $366.62 NDC # 0338-1007-02 per BX of 25 Packaged: 18 bags/carton Epinephrine 1:1000 11 1mg/1ml $124.97 $6,248.50 NDC # 42023-159-25 CT 20 per PK of 10 Packaoed: 25 vial/carton Epinephrine 1: 10,000 1mg/10ml $62.62 12 NDC # 0409-4921-34 CT 94 $5,886.28 Packaged: 1 syringe/carton per BX of lO Pricina oer carton of 10 ----------- $198.72 DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Addendum3-Page3of4UnitItemDescriptionUnitQtyTotalPricePriceFurosemide40mg/4m1$35.2213NDC#0409-6102-04TY24perBXof25$845.28Packaged:25vial/trayGlucagonlmg/imI$168.7714NDC#0597-0260-10EA180$30,378.60Packaged:Ikit/perkitGlucosePaste15g$3.42EA600perPKof3$684.0015NDC#N/APackaged:N/AI.abetalol2Omg/4m116NDC#0409-2339-34CT20$348$696.00per20m1Packaged:10MDVcartridge/packagePricingpercartonof10Lidocaine1OOmg/SmlCT56$34.46$1,929.7617NDC#0409-4903-34perBXofPackaged:1syringe/carton10Pricingpercartonof10MagnesiumSulfate50%185g/lOml$55.72$390.04TY7perBXof25NDC#63323-064-10Packaged:25vial/trayMethylpred125mg/2m1$228.39$3425.8519NDC#0009-0047-22CI15perBXof25Packaged:25viol/cartonNaloxone202mg/2m1$235.45CT128percsofNDC#76329-3369-110$30,137.60Packaged:Isyringe/cartonPricingpercartonof10Midazolam21Smg/5m1$12.11CT16perBXoflONDC#0409-2305-05$193.76Packaged:10vial/cartonDocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Addendum3-Page4of4ItemDescriptionUnitQtyUnitPriceTotalPriceMorphineSulfate22lomg/imI$10.42NDC#0009-0047-22BX48perBXof10$1,250.40Packaged:Box25NitrostatSpray230.4mg/60mdose$88.70NDC#45802-210-01BX98EA$8,692.60Packaged:1bottle!boxOndansetron244mg!2m1NDC#0409-4755-03TV130perBxof2s$1,011.40Packaged:25/traySodiumBicarbonate25SOmg/50m1$116.77NDC#0409-6637-34CT17perBXof10$1,985.09Packaged:50ml!1syringePricingpercartonof10TranexxamicAcid26l000mg!lOml$41.65NDC#42192-605-10TV30perBXof10$1,249.50Packaged:10vials/trayAllowance:Expedited deliveriesforMedicationsistobeissuedbytheContractAdministratorviataskLS1$1,000.00$1,000.00ordersTotal$121,029.08-----------------$122,222.28DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Revised 11.30.20 Page 1 of 3 3.29 Insurance Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $250,000 Per Occurrence 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Revised 11.30.20 Page 2 of 3 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Revised 11.30.20 Page 3 of 3 suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services – Services Performed Offsite 05/10/2021 Risk Management – Legal Dept. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC Page 1 of 1 RFQ Revised 4.19.2019 ATTACHMENT D - WARRANTY REQUIREMENTS 1. Contractor shall provide medical supplies with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. 2. Contractor shall pay for return shipment on any goods that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged goods. DocuSign Envelope ID: F57106E9-7D8B-4121-AD79-7CAEFC1097DC DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director of Water Utilities gabrielr@cctexas.com (361) 826-1202 Josh Chronley, Assistant Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION Motion authorizing a one-year supply agreement, with an additional one-year option with Polydyne Inc. of Riceboro, Georgia for an estimated amount of $963,000.00, with an estimated potential amount not to exceed $2,016,000.00 if the option period is exercised for the purchase of Liquid Cationic Polymer to be used for treatment of potable drinking water process at the O.N. Stevens Water Treatment Plant, with FY2022 funding in an estimated amount of $750,000.00 available through the Water Fund. SUMMARY: This is a supply agreement for liquid cationic polymer for the O.N. Stevens Water Treatment Plant. Liquid cationic polymer is used as a coagulant aid to increase the settling of suspended solids during the water treatment process at the O.N. Stevens Water Treatment Plant. The polymer helps bring suspended particles in the water together to form large particles that sink to promote settling during the treatment process. BACKGROUND AND FINDINGS: Liquid cationic polymer is a coagulant aid chemical used for the treatment of potable water at O.N. Stevens Water Treatment Plant. The polymer enhances the effectiveness of the coagulant (aluminum sulfate) in bringing small particles in the water together to form larger particles that sink, to increase settling during treatment. The current contract is also with Polydyne Inc. of Riceboro, Georgia. The price per ton is increasing from $1,840/ton to $2,140/ton for year one of the new contract. The second year option for the new contract is $2,340/ton. Supply Agreement for Liquid Cationic Polymer for Treatment of Potable Drinking Water at O.N. Stevens Water Treatment Plant AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 PROCUREMENT DETAILS: The Contracts and Procurement Department conducted a competitive Request for Bids process to obtain bids. The City received one responsive, responsible bid and staff is recommending the award to Polydyne Inc. ALTERNATIVES: An alternative to securing a long-term supply agreement is to purchase the liquid cationic polymer through short-term supply agreements. This method of transactions may cause delays in the shipment of this critical chemical used for the treatment of potable water. In addition, the cost will depend on the market price at the time of purchase, wh ich may be higher than a locked-in price obtained through a long-term agreement. FISCAL IMPACT: The fiscal impact for the Water Fund in FY 2022 is $750,000.00. Funding Detail: Fund: 4010 Water Organization/Activity: 31010 Stevens Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Accounts: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with Polydyne Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Bid Tabulation RFB # 3854 Liquid Cationic Polymer (PolyDadmac) FIRST YEAR ITEM Description Unit 12- Month Qty Unit Price Total Price 1 Liquid Cationic Polymer (PolyDadmac) Clarifloc C- 318 Wet Tons 450 2,140.00$ 963,000.00$ 1-Year Total 963,000.00$ FIRST - 1 YEAR Extension Option ITEM Description Unit 12- Month Qty Unit Price Total Price 1 Liquid Cationic Polymer (PolyDadmac) Clarifloc C- 318 Wet Tons 450 2,340.00$ 1,053,000.00$ First 1-Year Option Total 1,053,000.00$ Grand Total 2,016,000.00$ Polydyne Inc. - Riceboro, Georgia City of Corpus Christi Contracts and Procurement Sr. Buyer : Cynthia Perez Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 SUPPLY AGREEMENT NO. 3854 Liquid Cationic Polymer (PolyDadmac) THIS Liquid Cationic Polymer (PolyDadmac) Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Polydyne Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Liquid Cationic Polymer (PolyDadmac) in response to Request for Bid No. 3854 (“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 Liquid Cationic Polymer (PolyDadmac) 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 one year. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $963,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 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: Diana Zertuche-Garza Department: Utilities Department Phone: (361) 826-1627 Email: DianaZ@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 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: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1627 Fax: (361) 826-4495 IF TO CONTRACTOR: Polydyne Inc. Attn: Boyd Stanley Title: Sr. Vice-President Address: One Chemical Plant Rd., Riceboro, Georgia 31323 Phone: (912) 880-2035 Fax: (912 880-2078 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 DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the City has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. 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. DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3854 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 10/6/2021 Sr. Vice-President Boyd Stanley Revised 11.30.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide liquid cationic polymer (PolyDadmac) as outlined in this Scope of Work. 1.2 Scope of Work The Contractor shall supply PolyDadmac Solution based on the following product technical specifications: A. The PolyDadmac Solution shall meet the following requirements: 1.Weight percent of Active PolyDadmac Solids: 40.0 ± 1.0 wt.% 2.Viscosity Range: 1000 to 3500 cps (centipoise); 3.Molecular-Weight Range: 150,000 to 300,000; 4.Homogeneity of Molecular Weight: +/- 50,000; 5.Repeating Monomeric Unit: Diallyldimethylammonium Chloride hereinafter abbreviated as “DADMAC”; 6.Specific Gravity: 1.06 to 1.09 g/mL; 7.pH Range: 5.00 to 8:00; 8.Water Solubility: Completely Soluble; 9.Free DADMAC Equivalent Allowable Concentration in Product: <1,000 mg/kg; 10.Dimethylamine Equivalent Allowable Concentration in Product: <735 mg/kg; 11.Sodium Chloride Equivalent Allowable Concentration in Product: <1,000 mg/kg; 12.Total Solids: 45 ± 2 wt.% B. The Contractor shall comply with the American National Standards Institute/American Water Works Association Standard for Poly (Diallyldimethyl Ammonium Chloride), ANSI/AWWA B451-16. C. The Contractor shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals – Health Effects, ANSI/NSF 60 with respect to Polyelectrolytes used for water treatment and to present the occurrence and levels of contaminants associated with these products. DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Revised 11.30.20 D. The Contractor shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognized by the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 25-ton tank truck lots. Tank trucks shall be of appropriate design to hand this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot “Notice: This material meets the requirements of AWWA B451-16”. B. Each chemical shipment must be weighed by local certified scales before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight “ticket” or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, TX 78469-9277. C. Deliveries will be made Monday through Friday, 8:00 A.M. to 5:00 P.M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. The Delivery of product must be made within 7-10 days from the date of request. After request has been made, the date of delivery must be confirmed by email. D. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the POLYDADMAC solution furnished, complies with all applicable requirements of ANSI/AWWA B451-16 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Super Supervisor, 13101 Leopard St., Corpus Christi, Texas 78410. This analysis shall include but is not limited to the parameters described in this scope of work. 1.4 OSHA and Training A. The Contractor must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking(s) shall be in place before delivery. Items not meeting OSHA specification will be refused. B. The Contractor shall provide training to City employees in the safe handling, storage, and use of the material on an as needed basis when the ONSWTP operations management determine it is necessary or when a request is made. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained in the Safety Data Sheets shall be thoroughly covered. DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Revised 11.30.20 1.5 Ownership The City’s ownership of the Liquid Cationic Polymer shall begin, and Supplier’s ownership shall cease, upon the unloading of the chemical at the O.N. Stevens Water Plant. 1.6. Billing The Contractor must base billing and pay quantity for each chemical shipment on “local” certified weight tickets for delivery. 1.7 Invoicing A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1.Supply Agreement No. and/or Purchase Order No. 2.Ship to: Location Name and Address 3.Invoice No. and Bill of Lading No. 4.Ordered by: Supply Name 5.Shipping Date and Invoice Date 6.Description of Product 7.Quantity, Unit Price and Total Price B. The Contractor shall mail the original invoice to the address below and email a copy to UtilitiesDept@cctexas.com and JenniferK2@cctexas.com. City of Corpus Christi Attn: AP/Utilities Dept. P. O. Box 9277 Corpus Christi, TX 78469-9277 DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Revised 11.30.20 Attachment C - Insurance Requirements CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. 3.In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTOMOBILE LIABILITY (including) 1.Owned 2.Hired & Non-owned 3.Rented & Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer’s Liability Statutory $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Revised 11.30.20 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. An All-States endorsement shall be required if consultant is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers’ compensation policy. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Revised 11.30.20 Provide 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 calendar days advance written notice for nonpayment of premium. 5.Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor’s performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor’s insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 1-B Purchase Contracts – Supply Agreements – Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management – Legal Dept. DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 Attachment D - Warranty Requirements “No manufacturer’s warranty required for this Agreement.” DocuSign Envelope ID: E1C7B350-AC46-4B9B-AE14-1D32FAF48800 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director of Water Utilities GabrielR@cctexas.com (361) 826-1202 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a one-year supply agreement, with one additional one-year option, for the purchase of liquid chlorine in rail car, in an amount not to exceed $2,500,000.00 and a potential cost of $5,000,000.00 if all options are exercised, with DPC Industries, Inc. of Corpus Christi, Texas, with FY 2022 funding in the amount of $1,666,700.00 available through the Water Fund. SUMMARY: This is a supply agreement for liquid chlorine for the O.N. Stevens Water Treatment Plant. Chlorine is used to disinfect the water and make it safe for public consumption. BACKGROUND AND FINDINGS: Chlorine is the disinfectant used during the water treatment process. Disinfection is done at the beginning of the treatment process to reduce organic nutrients in the raw water and as a final polishing before distribution to the City. The current contract is also with DPC Industries, Inc. of Corpus Christi, Texas. The price per ton is increasing from $581.89/ton to $1,450.00/ton plus 200 days of detention charges, if needed, at $100.00 per day. This contract will be renegotiated at the end of each calendar quarter (March, June, September and December) in 2022. Supply agreement for the purchase of Liquid Chlorine in Rail Car AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Bid process to obtain bids for a new long-term contract. The City received a bid and an alternate bid from the same vendor. The bids included additional terms and limitations on the pricing provided . City staff elected to cancel the RFB and negotiate the terms of an agreement with the only bidder, DPC Industries, Inc., outside of the bid process. This chemical is necessary for use in the water treatment process. Procurement staff believes that it is in the best interest of the City’s residents to enter into an agreement with DPC Industries, Inc., to avoid any interruption in the City’s supply of liquid chlorine in accordance with Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City’s residents. ALTERNATIVES: There is no feasible alternative to meet production demand. Not using chlorine will result in a failure to protect the public from harmful conditions in the water and in regulatory noncompliance violations with the Environmental Protection Agency and the Texas Commission on Environmental Quality. A future capital improvement project for on -site chlorine generation will be forthcoming to Council for design with construction completion expected in 2025. FISCAL IMPACT: The fiscal impact to the Utilities Department is an amount not to exceed $2,500,000.00 for this one-year supply agreement for the purchase of liquid chlorine in railcar, which is the primary disinfectant used during the water treatment process. Approximately $1,666,700.00 is required for FY2022, and the remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this resolution authorizing a one-year supply agreement with one additional one-year option with DPC Industries, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Page 1 of 2 Resolution authorizing a one-year supply agreement, with one additional one-year option, for the purchase of liquid chlorine in rail car, in an amount not to exceed $2,500,000.00 and a potential cost of $5,000,000.00 if all options are exercised, with DPC Industries, Inc. of Corpus Christi, Texas, with FY 2022 funding in the amount of $1,666,700.00 available through the Water Fund. WHEREAS, liquid chlorine delivered by rail car is a necessary chemical used in the water treatment process; WHEREAS, State law generally requires that procurements are subject to statutory requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City’s residents; WHEREAS, while City staff did issue a Request for Bids (“RFB”) looking for potential suppliers of liquid chlorine, only one bidder, DPC Industries, Inc., responded to the RFB; WHEREAS, DPC Industries, Inc. provided both a bid and an alternative bid, which included additional terms and limitations on the pricing provided, in response to the RFB, and City staff elected to cancel the RFB and negotiate the terms of an agreement with DPC Industries, Inc. that were mutually agreeable outside of the bid process; WHEREAS, liquid chlorine delivered by rail car is a necessary chemical used in the water treatment process and the price of liquid chlorine is volatile in the current market; and WHEREAS, given the necessity to receive this chemical for use in the water treatment process, the City believes that it is in the best interest of the City’s residents to enter into an agreement with DPC Industries, Inc., that allows for some flexibility in pricing up to a set maximum annual amount so as to avoid any interruption in the City’s supply of liquid chlorine which is necessary to preserve the public health or safety of the City’s residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary for a one-year supply agreement, with one additional one-year option, for the purchase of liquid chlorine in a rail car, in an amount not to exceed $2 ,500,000.00 and a potential cost of $5,000,000.00 if all options are exercised, with DPC Industries, Inc., of Corpus Christi, Texas. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 202 2: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Supply Agreement Standard Form Page 1 of 7 SUPPLY AGREEMENT NO. 3906 LIQUID CHLORINE IN RAIL CAR THIS Liquid Chlorine in Rail Car Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and DPC Industries, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has agreed to provide Liquid Chlorine in Rail Car in accordance with the terms of this Agreement, which is necessary to preserve or protect the public health or safety of the City’s residents. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Liquid Chlorine in Rail Car 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. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to one additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3.Compensation and Payment. This Agreement is for an amount not to exceed $2,500,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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. All pricing must be in accordance with the attached 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. Price per ton may be re-negotiated each calendar quarter, expiring on the last day of March, June, September, and December. Any adjustment in price must be agreed to by both parties in writing (by countersigned letter) prior to the end of the calendar quarter. Price increases require documentation of the amount Contractor is charged for the product. Supply Agreement Standard Form Page 2 of 7 Price increases must be proportional to the increase in cost to Contractor. Thus, if the price Contractor pays to the manufacturer increases by 3% during the calendar quarter, then the price charged to the City may also increase by 3%. In no event will the total annual compensation exceed the maximum amount provided in this provision without a properly executed amendment as allowed by Section 13 below. Invoices must 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: Diana Zertuche-Garza Utilities Department Phone: (361) 826-1687 DianaZ@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 Supply Agreement Standard Form Page 3 of 7 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 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. 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 Attachment B 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 Supply Agreement Standard Form Page 4 of 7 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. In providing the products, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Diana Zertuche-Garza Contract/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1687 Fax: (361) 826-4495 IF TO CONTRACTOR: DPC Industries, Inc. Attn: Ed Manzano Territory Manager Address: 5245 Sunbelt, Corpus Christi, Texas 78408 Phone: (361) 289-6947 Fax: (361) 289-7709 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND Supply Agreement Standard Form Page 5 of 7 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Supply Agreement Standard Form Page 6 of 7 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); then B. its attachments. 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. Revised 11.30.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information A.The Contractor shall supply liquid chlorine in 90-ton rail cars as per scope of work. Liquid Chlorine defined as the commercially available form of liquefied elemental chlorine gas for tank cars. B.The liquid chlorine will be used in treatment of potable(drinking) water. C.The liquid chlorine must conform to: 1.American National Standards Institute (ANSI) /American Water Works Association Standards for Liquid Chlorine (AWWA) B301-2018 or latest revision. 2.American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3.Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality. D.The estimated annual requirement for Liquid Chlorine is 1,260 Tons. This is based on treating 27,500,000,000 gallons of water with a dosage of 91.64 pounds per million gallons. 1.2 Liquid Chlorine Manufacturer A.The Contractor shall supply liquid chlorine from a manufacturer located within the boundaries of the Continental United States of America. During the term of the contract, if the Contractor decides to change the manufacturer, then the Contractor shall submit a liquid chlorine report by an approved laboratory according to specification ANSI/AWWA B301-2018 or latest revision and Safety Data Sheet (SDS) to the Contract Administrator for approval. B.The Contractor shall give minimum of 30 days to the City to approve the new liquid chlorine manufacturer. The Contractor shall continue with the current manufacturer until new manufacturer gets approved. C.The City has the right to return the rail car if the Contractor sends the liquid chlorine from an unapproved manufacturer. The Contractor shall replace the rail car within the timeline established by the Contract Administrator. Revised 11.30.20 1.3 Delivery A.The City will place orders for liquid chlorine in 90-ton rail car at approximately 30- day intervals throughout the contract period. However, in case of unforeseen circumstance, the City may order extra cars or not place an order in a month. B.The Contractor shall deliver the material with lead time of less than or equal to 21 days. In unusual circumstances, the City will accept lead time of 30 days. C.Delivery is to be made in a rail car to the City of Corpus Christi O.N Stevens Water Treatment Plant (ONSWTP) Railroad Spur, 13101 Leopard St, Corpus Christi, Texas 78410. Delivery hours are to be determined by the Contractor and the rail company. D.A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E.The Contractor shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order complies with all applicable requirements of ANSI/AWWA B301 2018 and ANSI/NSF 60 to the City of Corpus Christi Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78410. 1.4 Ownership City’s ownership of the Liquid Chlorine in tank cars shall begin, and supplier ownership shall cease, upon arrival of the tank car at the unloading rack at the O.N Stevens Water Treatment Plant. 1.5 Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be borne by the supplier. 1.6 Container A.The Contractor shall supply Liquid Chlorine in railway tank cars. B.The Contractor shipping containers for Liquid Chlorine shall conform to applicable regulations of the federal, state, and Interstate Commerce Commission. 1.This includes Code of Federal Regulations, Title 49 Subtitle B Chapter 1 Pipeline Hazardous Materials Safety Administration, Department of Transportation, Subchapter C- Hazardous Materials Regulations, Part 180. Continuing Qualification and Maintenance of Packaging Subpart F. Qualification and Maintenance of Tank Cars Section 180.509. Requirements for inspection and test of specification tank cars. Revised 11.30.20 2.This requirement must be understood and will be upheld by the City. C.The Contractor shall not accept international rail cars (outside of the United States) that do not follow or meet the quality standard of United States rail car guidelines. D.The Contractor shall allow railcars with secondary patches on the railcar’s saddle within a reasonable amount and size. If there are substantial patches, a report must be sent to ONSWTP from the rail car owner stating that the car has been inspected and complies with 49 CFR Subpart F. E.Rail cars that do not meet satisfactory condition will be rejected and sent back to the Contractor at the Contractor’s expense. The Contractor shall replace the rail car with an acceptable rail car within the timeline established by the Contract Administrator. The Contract Administrator will establish the timeline depending on the inventory of liquid chlorine at the facility. The Contractor must follow the timeline given by the Contract Administrator during the term of the contract. F.The Contractor shall send containers that are reconditioned and maintained in accordance with the Chlorine Institute Inc. The Contractor shall carefully examine the container for the leakage, damage and corrosion before delivery. G.All chlorine containers shall have legible tag(s) securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1.Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2.Date the valves were overhauled. 3.Date the fuse plugs were tested and/or renewed. 4.Date the container was last cleaned. 1.7 Inspection The City of Corpus Christi reserves the right to make unannounced inspections of the supplier’s plant and facilities at any time in order to ensure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 1.8 Safety Measures A.The Contractor shall provide the following information. The information is to be continually updated as revisions occur during the contract period. 1.Location of nearest emergency station 2.Name of person in charge of emergency crew Revised 11.30.20 3.Telephone number to be called for emergency service and/or normal maintenance B.The Contractor shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. C.The Contractor shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. 1.9 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.10 Invoicing A. The Contractor shall submit an itemized invoice for each shipment for payment, which shall include the following: 1.Supply Agreement No. and Purchase Order No. 2.Ship to: Location Name and Address 3.Tank Car Number 4.Ordered by: Supply Name 5.Product Description 6.Quantity, Unit Price and Total Price B.The Contractor shall mail the original invoice to the address below and email a copy to UtilitiesDept@cctexas.com and JenniferK2@cctexas.com. City of Corpus Christi Attn: AP/Utilities Dept. P. O. Box 9277 Corpus Christi, TX 78469-9277 Attachment B: Pricing Schedule The initial pricing applicable until March 30, 2022 will be in accordance with the table below. Price per ton may be adjusted at the end of each calendar quarter in accordance with Section 3 of the Agreement. Rail Car Detention Charge may not be adjusted. Item Description Unit 12-month Quantity Unit Price Total Price 1 Liquid Chlorine Delivered in 90-Ton Rail Car Manufacturer – Westlake 30 free days per rail car Tons 1,260 $1,450.00 $1,827,000.00 2 Rail Car Detention Charge Charged after expiration of 30 free days per rail car Days 200 $100.00 $20,000.000 Total $1,847,000.00 Revised 11.30.20 Attachment C - Insurance Requirements CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. 3.In the event of accidents of any kind related to this project, Consultant must TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTOMOBILE LIABILITY (including) 1.Owned 2.Hired & Non-owned 3.Rented & Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer’s Liability Statutory and complies with Part II of t Exhibit. $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence Revised 11.30.20 furnish the Risk Manager with copies of all reports of such 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. An All-States endorsement shall be required if consultant is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers’ compensation policy. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Revised 11.30.20 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide 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 calendar days advance written notice for nonpayment of premium. 5.Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor’s performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor’s or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor’s insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 1-B Purchase Contracts – Supply Agreements – Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management – Legal Dept. Attachment C – Bond Requirements “No bonds required for this Agreement.” Attachment D - Warranty Requirements “No manufacturer’s warranty required for this Agreement.” DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director of Water Utilities GabrielR@cctexas.com (361) 826-1202 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year supply agreement, with two one-year option periods, in an amount not to exceed $142,577.40 and a potential not to exceed $427,732.20 if option periods are exercised, for non-shear flexible couplings for the City Warehouse with Hajoca Corporation dba Moore Supply Co., of Corpus Christi, Texas, with FY 2022 funding in the amount of $106,933.05 available in the Stores Fund SUMMARY: This motion authorizes a one-year supply agreement, with two one-year option periods, for the purchase of non-shear flexible couplings to be stocked in the City Warehouse to distribute on an as needed basis primarily the Utilities Department. BACKGROUND AND FINDINGS: The non-shear couplings are stocked by the City Warehouse and used by the Water Utilities Department to splice and repair existing utility lines, pipe repairs and new construction projects located throughout the City. PROCUREMENT DETAIL: In May 2018, Finance-Procurement Division conducted a competitive request for bid process to Supply Agreement for Non-Shear Flexible Couplings AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 obtain bids for a new supply contract for Non -Shear Flexible Couplings. The City received three bids and awarded the contract to the lowest, responsive, responsible bidder, Ferguson Enterprises Inc of Corpus Christi, Texas for a total of $220,321.13 for a three-year supply agreement, expiring on May 15, 2021. The Finance-Procurement Division conducted a Request for Bid process to establish a new one- year supply agreement, with two additional one-year options. The City received one bid and is recommending the award to Hajoca Corporation dba Moore Supply Co., of Corpus Christi, Texas. The value of the recommended supply agreement is higher than the previous agreement due to raw material availability. The increase of the supply agreement is 94% per year. The incumbent, Ferguson Enterprises Inc., of Corpus Christi, Texas, did not submit a bid because of inability to guarantee prices for the term of the supply agreement. ALTERNATIVES: An alternative to accepting this bid would be for the City Warehouse to purchas e these flexible couplings on an as needed basis, with the possibility of an increased cost per item due to variable market conditions. FISCAL IMPACT: The fiscal impact for Finance-Procurement Department in FY 2022 is approximately $106,933.05. The remaining costs of $35,644.35 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 one-year supply agreement, with two one- year option periods with Hajoca Corporation dba Moore Supply Co., of Corpus Christi, Texas for the City Warehouse as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation Item City Stock #Description Unit Qty Unit Price Total Price 1 1817 3 CI PVC x 3 CI PVC Coup RC, Model #F105633 RC or equivalent EA 27 $22.00 $594.00 2 1818 4 Clay x 3 CI PVC Coup RC, Model #F500243RC or equivalent EA 12 $44.00 $528.00 3 1819 4 CI PVC x 4 CI PVC Coup RC, Model #f505644RC or equivalent EA 865 $28.00 $24,220.00 4 1820 4 Clay x 4 S40 PVC Coup RC Model #F500244RC or equivalent EA 953 $41.00 $39,073.00 5 1826 6 Clay x 4 S40 PVC Coup RC Model #F500266RC or equivalent EA 384 $68.00 $26,112.00 6 1827 6 Clay x 6 Clay Coup RC, Model #F500166RC or equivalent EA 2 $52.00 $104.00 7 1828 6 CI PVC x 6 PVC Coup RC, Model #F505666RC or equivalent EA 176 $52.00 $9,152.00 8 1829 8 CI PVC x 8 CI PVC Coup RC Model #F505688RC or equivalent EA 136 $78.00 $10,608.00 9 1830 8 Clay x 8 Clay Coup RC, Model #F500188RC or equivalent EA 2 $78.00 $156.00 10 1831 8 Clay x 8 CI PVC Coup RC, Model #F500288RC or equivalent EA 238 $78.00 $18,564.00 11 1832 10 CI PVC x 10 CI PVC Coup RC, Model #F50561010RC or equivalent EA 12 $100.00 $1,200.00 12 1833 10 Clay x 10 CI PVC Coup RC, Model #F50021010RC or equivalent EA 24 $100.00 $2,400.00 13 4560 15 Clay x 15 CI PVC Coup RC, Model #F50021215RC or equivalent EA 12 $366.00 $4,392.00 14 4561 15 CI PVC x 15 CI PVC Coup RC, Model #F50561515RC or equivalent EA 12 $210.00 $2,520.00 15 4565 12 Clay x 12 CI PVC Coup RC, Model #F50021212RC or equivalent EA 12 $123.00 $1,476.00 16 4583 12 CI PVC x 12 PVC Coup RC, Model #F50561212RC or equivalent EA 12 $123.20 $1,478.40 $142,577.40Total Hajoca Corporation dba Moore Supply Co. Corpus Christi, TX City of Corpus Christi Finance-Procurement Department Sr. Buyer : Minerva Alvarado Non-Shear Flexible Couplings for the City Warehouse Bid Tabulation RFB # 3798 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 SUPPLY AGREEMENT NO. 3798 Non-Shear Flexible Couplings for the City Warehouse THIS Non-Shear Flexible Couplings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Hajoca Corporation dba Moore Supply Co. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Non-Shear Flexible Couplings in response to Request for Bid No. 3798 (“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 Non-Shear Flexible Couplings 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. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $142,577.40, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must 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: Robert Presnell Finance-Procurement Department Phone: 361.826.1750 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. DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 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. 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 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 St., Building 6 Corpus Christi, TX 78415 Phone: 361.826.1750 Fax: n/a IF TO CONTRACTOR: Hajoca Corporation dba Moore Supply Co. Attn: Leandro Garcia Sales 3817 Acushnet, Corpus Christi, TX 78413 Phone: 361.855.5449 Fax: n/a 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director of Finance – Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3798 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE SALES 11/29/2021 Leandro Garcia Attachment A: Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide non-shear flexible couplings for the City’s Warehouse as outlined in this Scope of Work. The non-shear flexible couplings are used by the Water and Wastewater Departments to splice and repair existing utility lines, pipe repair and new construction projects located throughout the City. 1.2 Scope of Work A.The Supplier shall provide Non-Shear Flexible Couplings. This specification covers various couplings used by the City. The products listed in this specification will be used to restock the Warehouse Department. B.Applicable Specifications: ANSI/NSF 61, ASTM A536, ASTM A325, ASTM A563 or AWWA C111, ASTM A307, stainless steel series 300, ASTM C564, ASTM A167, ASTM C1173, ASTM A240, ASTM C425. Certification of compliance with ANSI/NSF is not required for wastewater couplings. C.Functional and Performance Requirements: Non-Shear Flexible Couplings - Wastewater Systems (Mission Rubber Co. MR-ARC or Fernco 5000 RC Series Only). Couplings are for joining various combinations of vitrified clay sewer pipe and/or schedule 40 PVC pipe in underground drainage and sewer piping systems. Couplings shall meet requirements of ASTM C1173-91, Type A. Couplings to have shear ring and center stop. Tension bands and exterior shear rings shall be constructed of 300 series stainless steel and conform to ASTM A240. Couplings designed for different sized pipe joints (e.g., clay x pvc) shall be of concentric, single piece (exclusive of shear ring and tension bands) construction. They shall not use separate, loose, inserts (bushings) to size the small diameter end. D.The Supplier will cross reference the City’s stock numbers. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. E.Bid form references specific model numbers. These model numbers are referenced for comparable purposes only. The bidder needs to submit manufacturer/brand request for approval through Request for Clarification process. Page 1 of 2 DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE 1.3 Delivery A.Supplier shall ship the materials in a specified time frame coordinated with the Stores Supervisor: Attn: Robert Presnell 5352 Ayers St. Building 6 Corpus Christi, Texas 78415 B.All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. C.Receipt of products that do not conform will not be accepted by the City. D.Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. E.Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier’s inability to deliver the product within the set time frame. F.Cancellations shall be in writing and sent to Supplier by email, fax or mail. G.No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier’s inability to meet the deadline delivery date. Page 2 of 2 DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Attachment C: Insurance Requirements No insurance is required for this supply agreement. Page 1 of 1 DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE Attachment D: Warranty Requirements Warranty is based on manufacturer warranty. Page 1 of 1 DocuSign Envelope ID: C3041CE4-CBD5-4E88-AE6D-44CEE2011AAE DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing the acquisition of 108 vehicles by various departments in the amount of $4,728,071.49, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2022 funding in the amount of $4,405,875.65 with the remaining balance of $322,195.84 for the lease purchase items to be funded through the annual budget process. SUMMARY: Resolution authorizes the acquisition of a total of 108 vehicles and equipment by various departments. All 108 units are purchased through BuyBoard, Sourcewell, and GoodBuy cooperatives with 103 units will be outright purchases and five units will be lease purchases. BACKGROUND AND FINDINGS: Aviation and Fire Department are authorized to acquire by purchase three Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for a total amount of $96,4 18.33, with FY 2022 funding from the Equipment Replacement Fund. The vehicles identified in this section will be acquired through the GoodBuy Cooperative. Asset Management - Fleet and Facilities are authorized to acquire by purchase two Ford Escape, eight Ford F150 trucks and one Transit 15 Passenger Van from Silsbee Ford of Silsbee, Texas, for a total amount of $349,789.31, with FY 2022 funding from the Equ ipment Replacement Fund. The vehicles identified in this section will be acquired through the GoodBuy Cooperative. Combined 108 Vehicles Procurement AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 Development Services is authorized to acquire by purchase five Ford F150 trucks from Silsbee Ford of Silsbee, Texas for a total amount of $141,978.50, with funding for FY 2022 from Development Services Fund and the Equipment Replacement Fund. The trucks identified in this section is to be acquired through the GoodBuy Cooperative. Engineering Services is authorized to acquire by purchase eight Ford F150 trucks from Silsbee Ford of Silsbee, Texas for a total amount of $275,423.44, with funding for FY 2022 from the Equipment Replacement Fund. The trucks identified in this section is to be acquired through the GoodBuy Cooperative. Gas Department is authorized to acquire by lease-purchase, via JP Morgan, (i) one 26G Compact Excavator for $54,223.77 and to acquire by purchase two 26G Compact Excavator, one 17G Compact Excavator, one 410L Backhoe Loader from Doggett/John Deere of Corpus Christi, Texas for $279,805.28 with FY 2022 funding from the Replacement Fund; (ii) five Ford F150 trucks from Silsbee Ford of Silsbee, Texas for $161,278.90, with FY 2022 funding from the Replacement Fund. Item (i) is to be acquired through the Sourcewell purchasing cooperative and item (ii) is to be acquired through the GoodBuy cooperative. Neighborhood Services - Code Enforcement and Animal Care Services are authorized to acquire by purchase six Ford Escape for a total amount of $144,002.70 with FY 2022 funding from the Equipment Replacement Fund, Code Enforcement Fund and CDBG Grant. Code Enforcement will acquire four Ford Escape and Animal Care Services will acquire two Ford Escape. The vehicles identified in this section is to be acquired through the GoodBuy Cooperative. Parks and Rec Department are authorized to purchase (i) one 325 Compact Track Loade r, one 644P Wheel Loader Bkt and Forks, one 644P Wheel Loader Coupler/Bkt, and one 644P Wheel Load Pin on Bkt from Doggett/John Deere of Corpus Christi, Texas, for $974,414.41 with FY 2022 funding from the Replacement Fund; (ii) eight Kubota RTV900 Truckst er from Kubota Tractor Coporation of Corpus Christi, Texas, for $146,700.96 with FY 2022 funding from the Replacement Fund; (iii) four Ford F150 trucks from Silsbee Ford of Silsbee, Texas for $114,866.40 with FY 2022 funding from the Replacement Fund; for a total of 16 vehicles and equipment. Item (i) identified in this section is to be acquired through BuyBoard; item (ii) is to be acquired through the Sourcewell purchasing cooperative; and item (iii) is to be acquired through GoodBuy cooperative. Police Department is authorized to acquire by purchase a total of 10 vehicles from Silsbee Ford and Silsbee Toyota of Silsbee, Texas. The purchase includes four Ford Escape, four Toyota Corolla, two Ford Ranger truck for a total amount of $238,669.00, with funding for FY 2022 from the Equipment Replacement Fund. The vehicles identified in this section is to be acquired through the GoodBuy Cooperative. Public Works is authorized to acquire by lease -purchase, via JP Morgan, (i) three Ford F150 trucks from Silsbee Ford of Silsbee, Texas and (ii) one John Deere 524P Wheel Loader from Doggett/John Deere of Corpus Christi, Texas for a total of $317,540.63, and to acquire to purchase (iii) four Ford F150 trucks from Silsbee Ford of Silsbee, Texas for $139,49 6.27, with FY 2022 funding from the Replacement Fund. Items listed in (i) and (iii) will be acquired through GoodBuy cooperative and items listed in (ii) will be acquired through Sourcewell purchasing cooperative. Solid Waste Services Department is authorized to acquire by purchase eight Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for a total amount of $293,966.74, with FY 2022 funding from the Equipment Replacement Fund. The trucks identified in this section is to be acquired through the GoodBuy Cooperative. Utilities Department are authorized to acquire by purchase (i) one Kubota M5-091HDC12-1 Utility Tractor from Kubota Tractor Corporation of Corpus Christi, Texas, for $68,390.07 with funding from the Replacement Fund; (ii) two Dynapac D One RC Trench Roller and two 35G Compact Excavator from Doggett/John Deere of Corpus Christi, Texas, for $201,525.00 with FY 2022 funding from the AmerRescue Plan and Replacement Fund; (iii) one Ford Escape, nine Ford Ranger Trucks, two Ford F150 trucks, four Transit 250 Cargo Van and one E350 SRW KUV van, from Silsbee Ford of Silsbee, Texas, for $562,466.78 with FY 2022 funding from the Replacement Fund; (iv) one Western Star 4700SB from Lonestar Truck Group Abilene of Abilene, Texas for $167,115.00, with FY 2022 funding from the AmerRescue Plan Fund; for a total of 23 vehicles and equipment. Items (i) and (iv) identified in this section are to be acquired through BuyBoard; item (ii) is to be acquired through the Sourcewell purchasing cooperative; and item (iii) is to be acquired through GoodBuy cooperative. PROCUREMENT DETAIL: This procurement is through the BuyBoard purchasing cooperative (“BuyBoard”), Sourcewell, and GoodBuy purchasing cooperative (“GoodBuy”). Contracts awarded through the above-mentioned cooperatives have been competitively procured in compliance with Texas local and State procurement requirements. Procurement staff has modified its business practices and taken a pro-active approach to our vehicle procurement process and used all resources available to ensure vehicles can be sourced and delivered in a timely manner using economically favorable methods. The FY 2022 budget includes 373 new and replacement vehicles. The approval of this item represents 29% of the total procurement needs for FY 2022. ALTERNATIVES: The alternative would be to continue using current units that are beyond their expected service lives. This would increase the cost of repairs and lose of productive man-hours due to more frequent maintenance issues. FISCAL IMPACT: The FY 2022 fiscal impact of these purchases total $4,405,875.65 funded by various department funds. The remaining balance of $322,195.84 for the lease purchase items will be funded through the annual budget process. FUNDING DETAIL: Various RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution Resolution authorizing the acquisition of 108 vehicles by various departments in the amount of $4,728,071.49, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2022 funding in the amount of $4,405,875.65 with the remaining balance of $322,195.84 for the lease purchase items to be funded through the annual budget process. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles via direct purchase or a lease -purchase, with several direct purchases to be acquired with grant funding; and WHEREAS, such acquisitions are to be sourced through the purchasing cooperatives specified, at the amounts stated, and from the fund accounts identified in this resolution. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of these procurements. Section 2. The Aviation and Fire Departments are authorized to acquire by purchase three Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $96,481.33, with FY 2022 funding from the Equipment Replacement Fund. Aviation will acquire one truck, with the remaining two acquired by Fire. The vehicles identified in this section will be acquired through the GoodBuy purchasing cooperative (“GoodBuy”). Section 3. The Asset Management Department, for the Fleet and Facilities Divisions, is authorized to acquire by purchase two Ford Escape vehicles, eight Ford F150 trucks, and one Transit 15- Passenger Van from Silsbee Ford of Silsbee, Texas, for a total amount of $349,789.31, with FY 2022 funding from the Equipm ent Replacement Fund. The vehicles identified in this section will be acquired through GoodBuy. Section 4. The Development Services Department is authorized to acquire by purchase five Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $141,978.50, with FY 2022 funding from the Development Services Fund and the Equipment Replacement Fund. The trucks identified in this section will be acquired through GoodBuy. Section 5. The Engineering Services Department is authorized to acquire by purchase eight Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $275,423.44, with FY 2022 funding from the Equipment Replacement Fund. The trucks identified in this section will be acquired through GoodBuy. Section 6. The Gas Department is authorized to acquire by lease-purchase, via JP Morgan, (i) one 26G Compact Excavator for $54,223.77 and to acquire by purchase two 26G Compact Excavators, one 17G Compact Excavator, and one 410L Backhoe Loader all from Doggett/John Deere of Corpus Christi for a total amount of $279,805.28, with FY 2022 funding from the Equipment Replacement Fund; and (ii) to acquire by purchase five Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $161,278.90, with FY 2022 funding from the Equipment Replacement Fund. Items listed in subpart (i) of this section will be acquired through the Sourcewell purchasing cooperative (“Sourcewell”), and items listed in subpart (ii) will be acquired through GoodBuy. Section 7. The Neighborhood Services Department, for the Code Enforcement and Animal Care Services Divisions, is authorized to acquire by purchase six Ford Escape vehicles from Silsbee Ford of Silsbee, Texas, for $144,002.70, with FY 2022 funding from the Equipment Replacement Fund, Code Enforcement Fund, and a CDBG Grant. Code Enforcement will acquire four Ford Escape vehicles, and Animal Care Services will acquire two Ford Escape vehicles. The vehicles identified in this section will be acquired through GoodBuy. Section 8. The Parks and Recreation Department is authorized to acquire by purchase (i) one 325 Compact Track Loader, one 644P Wheel Loader B ucket and Forks, one 644P Wheel Loader Coupler/Bucket, and one 644P Wheel Load Pin on Bucket from Doggett/John Deere of Corpus Christi in a total amount of $974,414.41, with FY 2022 funding from the Equipment Replacement Fund; (ii) eight Kubota RTV900 Trucksters from Kubota Tractor Corporation of Corpus Christi for $146,700.96, with FY 2022 funding from the Equipment Replacement Fund; and (iii) four Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $114,866.40, with FY 2022 funding from the Equipment Replacement Fund, for a total of 16 vehicles. Items in subpart (i) of this section will be acquired through the BuyBoard purchasing cooperative (“BuyBoard), items in subpart (ii) will be acquired through Sourcewell, and items in subpart (iii) will be acquired through GoodBuy. Section 9. The Police Department is authorized to acquire by purchase a total of 10 vehicles from Silsbee Ford and Silsbee Toyota of Silsbee, Texas. The purchase includes four Ford Escape vehicles, four Toyota Corolla vehicles, and two Ford Ranger trucks for a total amount of $238,669.00, with FY 2022 funding from the Equipment Replacement Fund. The vehicles identified in this section are to be acquired through GoodBuy. Section 10. The Public Works Department is authorized to acquire by lease-purchase, via JP Morgan, (i) three Ford F150 trucks from Silsbee Ford of Silsbee, Texas, and (ii) one John Deere 524P Wheel Loader from Doggett/John Deere of Corpus Christi, Texas, for a total amount of $317,540.63; and to acquire to purchase (iii) four Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $139,496.27, with FY 2022 funding from the Equipment Replacement Fund. Items listed in subparts (i) and (iii) of this section will be acquired through GoodBuy, and items listed in subpart (ii) will be acquired through Sourcewell. Section 11. The Solid Waste Services Department is authorized to acquire by purchase eight Ford F150 trucks from Silsbee Ford of Silsbee, Texas, for $293,966.74, with FY 2022 funding from the Equipment Replacement Fund. The trucks identified in this section will be acquired through GoodBuy. Section 12. The Utilities Department is authorized to acquire by purchase (i) one Kubota M5- 091HDC12-1 Utility Tractor from Kubota Tractor Corporation of Corpus Christi for $68,390.07, with FY 2022 funding from the Equipment Replacement Fund; (ii) two Dynapac D One RC Trench Rollers and two 35G Compact Excavators from Doggett/John Deere of Corpus Christi for a total amount of $201,525.00, with FY 2022 funding from the American Rescue Plan Act Fund and the Equipment Replacement Fund; (iii) one Ford Escape vehicle, nine Ford Ranger Trucks, two Ford F150 trucks, four Transit 250 Cargo Van s, and one E350 SRW KUV van from Silsbee Ford of Silsbee, Texas, for a total amount of $562,466.78, with FY 2022 funding from the Equipment Replacement Fund; and (iv) one Western Star 4700SB from Lonestar Truck Group Abilene of Abilene, Texas, for $167,115.00, with FY 2022 funding from the American Rescue Plan Act Fund, for a total of 23 vehicles. Items included in subparts (i) and (iv) of this section will be acquired through BuyBoard; items included in subpart (ii) will be acquired through Sourcewell; and items in subpart (iii) will be acquired through GoodBuy. Section 13. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles enumerated in this resolution in a total amount not to exceed $4,728,071.49 and in the manner, from the fund accounts, and through the purchasing cooperatives identified in the previous sections of this resolution. PASSED AND APPROVED on the day of , 2022 Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Type of Procurement Co=Op Description Department Quantity Vendor Cost Funding Reason Purchase GoodBuy Vans Various 6 Silsbee Ford 230,526.75$ Fleet Equipment Replacement Fund 1 Addition/ 5 Replacements Purchase GoodBuy Toyota Corollas CCPD 4 Silsbee Toyota 79,743.00$ Fleet Equipment Replacement Fund 4 Replacements Purchase BuyBoard Kubota Trucksters and Tractor w/Loader Attachment Various 9 Kubota Tractor Corp 215,091.03$ Fleet Equipment Replacement Fund 5 Additions/ 4 Replacements Lease Purchase 3 Purchase 71 Lease Purchase 2 Purchase 12 Purchase BuyBoard Western Star Flatbed Crew Truck Utilities - Water 1 Lonestar Truck Group Abilene 167,115.00$ American Rescue Plan Act Grant 1 Addition 108 4,728,071.49$ Sourcewell John Deere Doggett Package Various 10 Additions/ 4 ReplacementsVarious Funds1,716,238.84$ Doggett Heavy Machinery Services Vehicles and Equipment List for January 25th Council Agenda Exhibit 1 GoodBuy Light Trucks, Sedans, SUVs Various 31 Additions/ 43 ReplacementsSilsbee Ford 2,319,356.87$ Various Funds Exhibit 2 Dept Replacements Additions Item Quantity UOM Unit Cost Extended Cost Airport 1 FORD F150 EXTENDED CAB 1 EA 32,822.43 32,822.43 Airport Total 1 0 1 32,822.43 Asset Management - Facility 1 FORD ESCAPE 1 EA 24,000.45 24,000.45 Asset Management - Facility 4 FORD F150 EXTENDED CAB 4 EA 31,450.09 125,800.36 Asset Management - Facility Total 0 5 5 149,800.81 Asset Management - Fleet 1 FORD ESCAPE 1 EA 24,000.45 24,000.45 Asset Management - Fleet 1 FORD F150 CREW CAB 1 EA 34,056.20 34,056.20 Asset Management - Fleet 1 FORD F150 CREW CAB 4X4 1 EA 34,932.00 34,932.00 Asset Management - Fleet 2 FORD F150 EXTENDED CAB 4X4 2 EA 35,259.05 70,518.10 Asset Management - Fleet 1 TRANSIT 15 PASSENGER VAN 1 EA 36,481.75 36,481.75 Asset Management - Fleet Total 1 5 6 199,988.50 Development Services 1 FORD F150 EXTENDED CAB 1 EA 28,395.70 28,395.70 Development Services 4 FORD F150 EXTENDED CAB 4 EA 28,395.70 113,582.80 Development Services Total 0 5 5 141,978.50 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering 1 FORD F150 EXTENDED CAB 1 EA 34,427.93 34,427.93 Engineering Total 8 0 8 275,423.44 Fire 1 FORD F150 CREW CAB 1 EA 31,797.95 31,797.95 Fire 1 FORD F150 CREW CAB 1 EA 31,797.95 31,797.95 Fire Total 2 0 2 63,595.90 Gas 1 17G COMPACT EXCAVATOR 1 EA 40,945.00 40,945.00 Gas 2 26G COMPACT EXCAVATOR 2 EA 49,678.00 99,356.00 Gas 1 410L BACKHOE LOADER 1 EA 139,504.28 139,504.28 Gas 1 JOHN DEERE 26G COMPACT EXCAVATOR 1 EA 49,678.00 54,223.77 Gas 1 FORD F150 CREW CAB 1 EA 34,189.74 34,189.74 Gas 2 FORD F150 EXTENDED CAB 2 EA 31,772.29 63,544.58 Gas 1 FORD F150 EXTENDED CAB 1 EA 31,772.29 31,772.29 Gas 1 FORD F150 EXTENDED CAB 1 EA 31,772.29 31,772.29 Gas Total 2 8 10 495,307.95 Neighborhood Services - Animal Care Services 2 FORD ESCAPE 2 EA 24,000.45 48,000.90 Neighborhood Services - Animal Care Services Total 0 2 2 48,000.90 Neighborhood Services - Code Enforcement 1 FORD ESCAPE 1 EA 24,000.45 24,000.45 Neighborhood Services - Code Enforcement 3 FORD ESCAPE 3 EA 24,000.45 72,001.35 Neighborhood Services - Code Enforcement Total 0 4 4 96,001.80 Parks & Rec 1 325G COMPACT TRACK LOADER 1 EA 88,329.76 88,329.76 Parks & Rec 1 644P WHEEL LOADER BKT AND FORKS 1 EA 302,784.00 302,784.00 Parks & Rec 1 644P WHEEL LOADER COUPLER/BKT ON 1 EA 294,040.86 294,040.86 Parks & Rec 1 644P WHEEL LOADER PIN ON BKT 1 EA 289,259.79 289,259.79 Parks & Rec 2 5 KUBOTA RTV900 TRUCKSTER 7 EA 18,337.62 128,363.34 Parks & Rec 1 KUBOTA RTV900 TRUCKSTER 1 EA 18,337.62 18,337.62 Parks & Rec 1 FORD F150 SINGLE CAB 1 EA 28,716.60 28,716.60 Parks & Rec 2 FORD F150 SINGLE CAB 2 EA 28,716.60 57,433.20 Parks & Rec 1 FORD F150 SINGLE CAB 1 EA 28,716.60 28,716.60 Parks & Rec Total 11 5 16 1,235,981.77 Police 4 FORD ESCAPE 4 EA 22,992.75 91,971.00 Police 2 RANGER CREW CAB PICKUP 2 EA 33,477.50 66,955.00 Police COROLLA COOP FEE 1 EA 300.00 300.00 Police 4 TOYOTA COROLLA 4 EA 19,860.75 79,443.00 Police Total 10 0 11 238,669.00 Public Works - Streets 2 FORD F150 CREW CAB 2 EA 35,886.86 71,773.72 Public Works - Streets 1 FORD F150 CREW CAB 1 EA 35,886.86 35,886.86 Public Works - Streets 1 FORD F150 SINGLE CAB 1 EA 31,835.69 31,835.69 Public Works - Streets Total 1 3 4 139,496.27 Public Works - Storm Water 1 JOHN DEERE 524P WHEEL LOADER 1 EA 188,978.00 206,270.38 Public Works - Storm Water 3 FORD F150 SINGLE CAB 4X4 3 EA 33,880.69 111,270.25 Public Works - Storm Water Total 0 4 4 317,540.63 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,447.34 38,447.34 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,447.34 38,447.34 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,447.34 38,447.34 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,447.34 38,447.34 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,549.35 38,549.35 Solid Waste 1 FORD F150 CREW CAB 4X4 1 EA 38,549.35 38,549.35 Solid Waste 1 FORD F150 EXTENDED CAB 1 EA 31,389.34 31,389.34 Solid Waste 1 FORD F150 EXTENDED CAB 1 EA 31,389.34 31,389.34 Solid Waste LIGHT EQUIPMENT COOP FEE 1 EA 300.00 300.00 Solid Waste Total 8 0 9 293,966.74 Utilities - Waste Water 1 KUBOTA M5-091HDC12-1 UTILITY TRA 1 EA 68,390.07 68,390.07 Utilities - Waste Water 1 FORD ESCAPE 1 EA 24,000.45 24,000.45 Utilities - Waste Water 1 FORD F150 CREW CAB 1 EA 32,334.55 32,334.55 Utilities - Waste Water 4 TRANSIT 250 CARGO VAN 4 EA 36,096.75 144,387.00 Utilities - Waste Water VAN COOP FEE 1 EA 300.00 300.00 Utilities - Waste Water Total 7 0 8 269,412.07 Utilities - Water 2 DYNAPAC D ONE RC TRENCH ROLLER 2 EA 36,755.50 73,511.00 Utilities - Water 2 35G COMPACT EXCAVATOR 2 EA 64,007.00 128,014.00 Utilities - Water 1 FORD F150 EXTENDED CAB 4X4 1 EA 34,659.59 34,659.59 Utilities - Water 1 RANGER CREW CAB PICKUP 1 EA 32,318.35 32,318.35 Utilities - Water 5 RANGER SUPERCAB PICKUP 5 EA 29,720.41 148,602.05 Utilities - Water 1 RANGER SUPERCAB PICKUP 1 EA 31,074.35 31,074.35 Utilities - Water 2 RANGER SUPERCAB PICKUP 4X4 2 EA 32,716.22 65,432.44 Utilities - Water 1 E350 SRW KUV BODY 1 EA 49,358.00 49,358.00 Utilities - Water 1 WESTERN STAR 4700SB 1 EA 167,115.00 167,115.00 Utilities - Water Total 9 7 16 730,084.78 Total 60 48 4,728,071.49 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hulbert, CPA, CGFO, Director of Finance and Procurement Heatherh3@cctexas.com (361) 826-3227 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with MGT of America Consulting, LLC of Fort Worth, Texas, for annual Cost Allocation Plans that allocate indirect costs to all City Departments, in an amount of $77,800.00, effective upon issuance of a notice to proceed, with FY 2022 funding in an amount of $15,000.00 in the General Fund. SUMMARY: This motion authorizes a five-year service agreement with MGT of America Consulting, LLC, in the amount of $77,800.00 for annual Cost Allocation Plans. BACKGROUND AND FINDINGS: Cost allocation plans are management information tools that go beyond budget and year-end accounting documents to describe the actual cost of providing services to the public. The City will use the cost allocation plans to calculate and spread agency-wide indirect cost to departments, for example Parks and Recreation, Utilities departments and Tax Increment Financing Zones that receive a service from other departments such as Payroll or Legal. When the value of all central services are accumulated and added to the departmental expenditures, the actual cost of providing the service is the result. A cost allocation plan is composed of five primary components: • Central services departments Service Agreement for Cost Allocation Plan AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 • Benefiting departments • Expenditures of central services departments • Functions or activities carried out by central service departments, and • Means of allocating the functions or activities of central service departments The cost allocation plan will include a Federal CFR (Code of Federal Regulations) Part 200 cost allocation plan that conforms to all applicable federal and state regulations and guidelines to be used to recover costs charged to federal and state grants. The City will use these plans to recover indirect costs charged to the City enterprise and special revenues funds and federal and state grants. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Proposal (RFP 3766) to obtain qualified firms to provide Cost Allocation Plan Services. The City received three responsive, responsible proposals and evaluated them against the published criteria. The City considered two firms as finalists, and interviews and pricing were 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 MGT of America Consulting, LLC, as the highest-ranking firm. MGT of America Consulting, LLC is the current service provider with the cost difference of $8,900 between the current agreement and the proposed new agreement. ALTERNATIVES: The City could not recover indirect costs from enterprise and special revenue funds and federal and state grants, or the City could prepare a cost allocation plan in-house without the benefit of proprietary software and expertise provided by the consulting firm. The Federal CFR Part 200 allocation plan would likely not be accepted by grantor agencies. FISCAL IMPACT: The fiscal impact in FY2022 is $15,000. The remaining cost will be budgeted through the annual budgeting process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 10751 Accounting Operations Mission Element: 182 Produce financial reports Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP 3766 Cost Allocation Plans Sr. Buyer: Minerva Alvarado Proposal Evaluation MGT of America Consulting, LLC Willdan Maximus US Services, Inc. MINIMUM QUALIFICATIONS (PASS/FAIL) Required 10 years in business with five plans completed Staff resumes included No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (45 PTS)44 41 43 Firms' Experience (10 points)10 8 9 Team Experience (5 points)5 5 5 Understanding of Project Scope (30 points)29 28 29 Interview (35 PTS)34 30 Firms' Experience (10 points)10 10 Team's Identification (5 points)4 3 Understanding of Project Scope (20 points)20 17 PRICING (20 PTS)20 17 Total 98 90 Pass Pass Pass Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 SERVICE AGREEMENT NO. 3766 Cost Allocation Plans THIS Cost Allocation Plans Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and MGT of America Consulting, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Cost Allocation Plans in response to Request for Bid/Proposal No. 3766 (“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 Cost Allocation Plans (“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. (A) The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $77,800, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must 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: Martha Messer Finance Department Phone: 361-826-3624 MarthaMe@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. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 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 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 DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 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. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Martha Messer Chief Accountant 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3624 Fax: n/a IF TO CONTRACTOR: MGT of America Consulting, LLC Attn: J. Mark Carpenter Director, Financial Solutions 8901 Tehama Ridge Parkway, Ste 127 #647 Fort Worth, TX 76177 Phone: 214-770-7153 Fax: n/a DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 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. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Assistant Director of Finance - Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3766 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 11/30/2021 Chairman and CEO Trey Traviesa Attachment A: Scope of Work 1.1 General Requirements The Contractor is required to timely produce for the City, in compliance with this Scope of Work, a Full Cost Allocation Plan that allocates indirect costs to all City Departments and will be used for management purposes such as setting administrative transfer amounts to the general fund from enterprise and special revenue funds, and a Federal 2 CFR Part 200 Cost Allocation Plan that conforms to all applicable federal and state regulations and guidelines, to be used to recover indirect costs charged to federal and state grants. 1.2 Scope of Work A. A Full Cost Allocation Plan is required each year as follows: 1. The full cost allocation plan will not require negotiation with an outside agency but will be used for internal pricing policies only, it will be prepared in accordance with Generally Accepted Accounting Principles and Procedures. 2. In order to obtain cooperation from and provide greater transparency regarding allocations to Tax Increment Financing Zone and other component unit corporate boards, the full cost allocations for those funds or entities are based on staff hours as tracked by staff in at least ten different City departments rather than a more indirect allocation basis. 3. The Contractor shall prepare the full cost allocation with the assistance of the City as described herein. The initial full cost allocation plan will be based on the Fiscal Year 2021-2022 adopted budget provided to the successful proposer by the City. The City’s fiscal year end is September 30; the Contractor will receive cost and allocation data approximately 210 days after fiscal year end. 4. The Contractor is required to perform a comparison of prior and current year allocations with delivery of draft plan. The City will require approximately three weeks to review and work out possible revisions to the plan prior to delivery of final plan. 5. The following is a timetable that shows the approximate dates on which the Contractor may expect to receive the information DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 necessary to perform the tasks outlined herein and on which delivery of the plans is expected: September 30 Fiscal year ends March 31 Audited financial statements available April 1 – May 30 City and Contractor work together to determine data requirements. City to produce such data. June 15 Delivery of draft Federal 2 CFR Part 200 & Full Cost Allocation Plan July 10 Delivery of final Federal 2 CFR Part 200 & Full Cost Allocation Plans 6. One full cost allocation plan and one Federal 2 CFR Part 200 cost allocation plan will be prepared by the Contractor in the initial fiscal year and in each of the ensuing fiscal years of the initial term of the contract and in each of the fiscal years in any extension periods. 7. The City will assign a liaison between the City departments and the Contractor to ensure information is gathered as expeditiously as possible. Exhibit 1 - City’s Organizational Chart. The Contractor will provide the City with a preliminary list of data requirements. 8. The Contractor shall meet with staff and conduct interviews as needed to gain an understanding of the City’s processes and operations. This includes where certain services and functions are performed together or shared through cooperation between funds and where costs are directly allocated to different funds. Costs and basis for allocation should be identified so that allocations are made to the appropriate funds. 9. The Contractor will be required to produce one electronic copy of each plan, to be completed with the time frame described above. 10. The report will include a chapter for each central service agency describing the functions or services provided, the means of allocation, departmental expenditures, incoming indirect costs, and costs allocated to each benefitting agency in detail and summary. The report will also include an overall summary of costs allocated to each benefitting agency by central service agency. Exhibit 2 – Cost Allocation Chart. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 11. The Contractor shall maintain all working papers for a period of at least five years after termination or expiration of the contract and any extension thereof. B. A Federal 2 CFR Part 200A Cost Allocation Plan is required each year as follows: The Contractor will prepare the Federal CFR Part 200 plan based on actual audited cost data reconciled to the City’s Annual Comprehensive Financial Report (ACFR). The allocation-basis data used in preparing this plan should, in most cases, be the same as those used in preparing the full cost allocation plan with the exception that use of staff hours as described in item 4.2.A (2) above will not be used in the Federal 2 CFR Part 200A plan. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 PRICE PROPOSAL CITY OF CORPUS CHRISTI, TEXAS | OCTOBER 12, 2021 RFP # 3766 | COST ALLOCATION PLANS – PRICE PROPOSAL PAGE 1 Price Proposal Attachment B: Bid/Pricing Schedule DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Attachment C: Insurance and Bond Requirements A. CONTRACTOR’S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City’s Risk Manager and Contract Administer a 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. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 3. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. 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 at least A- with a Financial Size Category of Class VII or higher. 2. 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 DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Corpus Christi, TX 78469-9277 3. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 4. Within 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. 5. 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. 6. 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. 7. 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. 8. The insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management – Legal Dept. No bond is required for this agreement. DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 Attachment D: Warranty Requirements There is no warranty requirements for this service agreement. Page 1 of 1 DocuSign Envelope ID: 6B999AE9-40EF-4081-9A34-6CAD08E30807 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevins4@cctexas.com (361) 826-1292 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Greens & Things Nursery & Landscaping LLC, of Portland, Texas for an estimated amount not to exceed $198,000.00 for lawncare services for Corpus Christi International Airport with FY 2022 funding in an amount not to exceed $49,500.00 available through the Airport Fund SUMMARY: Greens & Things Nursery & Landscaping LLC will provide lawncare services starting at the gateway of CCIA along the east and west sides of State Highway 44 frontage roads, then along the main corridor known as International Drive leading up to the terminal, the land and flower beds directly adjacent to the terminal, and the surrounding the customer parking lot, plus the property at the Quick Turn Around facility. This will include mowing services, weed control, flower bed maintenance and mulching services. BACKGROUND AND FINDINGS: CCIA is looking to enhance and augment their five FTE positions that are assigned to maintaining the 2600 acres of airport property. By utilizing contracted services to maintain the public areas of the airport, trained airport personnel will be more available to focus on the restricted areas of the airport, including runways, taxiways, aprons, and airf ield perimeter. These areas require more training and have higher impact to the safety, security, and regulatory compliance of the airport. Contract personnel will be able to provide higher level of detail and expertise to landscaping, plant choice, and maintenance of flower beds in areas of high customer impact. Lawncare Services for Corpus Christi International Airport AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Bid process to obtain bids for a three - year service agreement for lawncare services at CCIA. The City received five responsive responsible bids and is recommending award of this contract to the lowest responsive, responsible bidder, Greens & Things Nursery & Landscaping LLC of Portland, Texas. Staff of the CCIA were responsible for the upkeep of the grounds at the Airport prior to the RFB process. This is the first time that CCIA has reached out for competitive bidding. ALTERNATIVES: None FISCAL IMPACT: The FY 22 budget included funds in the amount of $75,000 for professional landscape services. The new service agreement is within funds available for this fiscal year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35005 Mission Element: 271 Project # (CIP Only): Account: 530000 RECOMMENDATION: Proceed with service agreement. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 3722 Lawncare Service at CCIA Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Lawncare Service-Section 1 - International Drive Month 36 $4,375.00 $157,500.00 $7,092.00 $255,312.00 $8,400.00 $302,400.00 $9,333.33 $335,999.88 $10,755.00 $387,180.00 2 Lawncare Service-Section 2-Quick Turn Around Month 36 $1,125.00 $40,500.00 $373.00 $13,428.00 $850.00 $30,600.00 $3,000.00 $108,000.00 $1,685.00 $60,660.00 $198,000.00 $268,740.00 $333,000.00 $443,999.88 $447,840.00 Greens & Things Nursery & Landscape, LLC Portland, TX Guerra Maintenance Management Kingsville, TX Liberty Lawn Landscape & Irrigation, LLC Corpus Christi, TX Juan A. Galnarez dba Tony's Lawn Service Rockport, TX Olympia Landscape Development Inc. Laredo, TX Service Agreement Standard Form – Airport Page 1 of 8 SERVICE AGREEMENT NO. 3922 Lawncare Service at Corpus Christi International Airport THIS Lawncare Service at Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Greens & Things Nursery & Landscaping LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Lawncare Service in response to Request for Bid/Proposal No. 3922 (“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 Lawncare Service (“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. (A)The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B)At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3.Compensation and Payment. This Agreement is for an amount not to exceed $198,000.00, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 2 of 8 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next Option Period. Invoices must 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: Lawrence Thormaehlen Aviation Department Phone: 361.826.1266 LawrenceT@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 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 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 3 of 8 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. 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 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 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 4 of 8 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. 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Thormaehlen Interim Facility Manager 1000 International Dr., Corpus Christi, TX 78406 Phone: 361.826.1266 Fax: n/a IF TO CONTRACTOR: Greens & Things Nursery & Landscaping LLC Attn: JoAnn Vasquez Co-Owner DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 5 of 8 809 Houston St., Portland, TX 78374 Phone: 361.777.3759 Fax: 361.777.3755 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 may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B)Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 6 of 8 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 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 7 of 8 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] DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Service Agreement Standard Form – Airport Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Josh Chronley Assistant Director of Finance – 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 1: RFB/RFP No. 3922 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 1/4/2022 JoAnn Vasquez owner Attachment A: Scope of Work 1.1 Scope of Work A. Hedges and Bushes 1.Hedges and bushes must be maintained on a correlational basis as the lawn, dependent upon the growth rate of the bushes. 2.The hedges and bushes must be maintained to a decent size which is seemed fit by the Contractor and the Contract Administrator. B. Pesticides and Herbicides 1.Proper usage of pesticide and herbicide must be completed upon both the Contractor and Contract Administrator. 2.The Contractor must have all proper credentials to use both pesticides and herbicides in a professional setting. Contractor must show proof of such credentials. 3.Herbicide must be distributed on site in a safe manner as not to disturb and or destroy desired plants yet kills excessive weed growth. C. Edging 1.The Contractor must edge alongside all roads and sidewalks identified in scope of work, maintaining a clean and attractive environment for Airport customers. 2.The Contractor is responsible for the removal and disposal of all unwanted vegetation (edged, trimmed, or mowed) which finds its way onto sidewalks and the road, whether the grass and/or dirt is blown back onto the lawns or picked up. 3.Edging is also essential around all street and safety signs, ensuring edging levels are even with the height of the grass which has been mowed. D. Entrance Property at CCIA Logo 1.The CCIA logo is located inside the divider between both side of International Road. Special care needs to occur around the CCIA Page 1 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 logo. Proper maintenance of the vegetation around the CCIA logo is vital. 2.All concrete sections must be mowed around and look presentable for the public. 3.Blowing or sweeping the concrete portion into divider lawn is acceptable. 4.Clippings which are discarded from the mower must not be allowed to be blown on the street or concrete separations. 5.All clipping must be blown off or disposed of properly. E. Weed Removal 1.The Contractor must prevent growth along and inside all fences (on both sides of the fence) identified in this scope of work. 2.The fence line must be properly maintained to not let the growth of weeds get within six inches of the fence itself. 3.The usage of herbicle or edging is optional if the specifications are met. 4.Remove weeds which grow within or across the top of a walkway. 5.Any grass or weeds which grow within the concrete must be disposed of by either herbicide or edging. 6.Grass and/or weeds must always be maintained by a one-inch distance from the concrete edge itself. 7.The Contractor must not overuse weedkiller. If there is a noticeable overuse of herbicide in an area, the Contract Administrator will assert its authority to stop usage of all future herbicide. F. Mulching 1. Bi-annual mulching must occur every year of the contract in areas of CCIA property which currently have much. 2.The mulch must be replaced with the same color as the current color or brand. Page 2 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 3.If the black protective tarp underneath the mulch no longer exists, the tarp must also be replaced during that same annual rotation. 4.The mulch must be at least two inches thick to reduce the probability of future weed growth. 5.Black tarps may also be replaced upon the request of the Contract Administrator. 6.Additional mulching may also be requested for a new area of the property by the Contract Administrator. G. Equipment and Materials 1.The Contractor must provide their own equipment, supervision, labor, transportation, tools, and materials for the completion of the contract. 2.No equipment or materials may be stored at CCIA property. H. Trash Disposal 1.The Contractor must dispose of all trash off site of CCIA property. 2.No clippings, personal trash, tree branches, or any other miscellaneous trash shall be placed in any dumpsters or trashcans located at the property. 3.The Contractor is responsible for cleaning the sidewalks and curb gutters, scraping and removal of any build-up of sand or dirt is required. Curb gutters should be free of any debris. 4.The Contractor shall pick up any trash found on site prior to commencing work and the Contractor is responsible for disposal. 1.2 Work Site and Conditions A. Frequency 1.Lawns must be mowed three times a month during the wet season and every three weeks during the dry season. a.April through October is considered the wet season. b.November through March is considered the dry season. Page 3 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 2.Lawns must not be any shorter than three inches and not exceed a growth of six inches in height. 3.All areas of maintenance must have a level height in grass and be maintained within the same time frame as the rest of the property. Hence, half of the area should not be exceedingly higher than the remaining section. B. Estimated Square Feet Exhibit B 1-4 are attached for your reference. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.4 Special Instructions A.Contract Administrator 1.All work completed by the Contractor shall be subject to approval by CCIA Contract Administrator or designee. 2.Contract Administrator or designee has the right to require the Contractor to re-mow, re-trim, re-edge, re-sweep if the work was not performed to contract specifications. Estimated Square Feet SECTION LAWN MOWING HEDGE/BUSH & FLOWER BEDS Section I – International Drive 763,658 48,763 Section II – Quick Turn Around (QTA) 40,650 14,000 Page 4 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 3.In the event of equipment failure which must extend work past completion date/time, Contractor most communicate with the Contract Administrator. 4.If there are any questions or problems encountered on property, the Contractor must contact the Contract Administrator listed below. 5.Corpus Christi International Airport Contract Administrator is: Larry Thormaehlen, Interim Facility Manager 361-289-0171 Ext 1266 office 361-660-6309 cell LawrenceT@cctexas.com B. Contractor Contact Information The Contractor must provide viable contact phone number(s) and emails for effective communication regarding all work. This is to provide a means of effective communication between City officials and Contractor's representative concerning directions, response time, cancellations or problems encountered at the site. C. Project Costs All costs, either direct or indirect, associated with or incidental to Contractor's performance of the services described in this scope of work are the sole responsibility of Contractor and considered to be included in the contract pricing. Such expenses may include, but are not limited to: 1.travel to and from the subject property 2.execution of work 3.clearing and transporting of debris 4.storage fees 5.hauler permit fees 6.cost of required insurance, certifications, etc. Page 5 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 EXHIBIT B SECTION I – INTERNATIONAL DRIVE LAWNCARE AREA CALCUATION 1000 International Drive Prepared by: GMS Approved by: KEVIN SMITH Not to Scale Sheet No.: 1 of 4 Date: 9-30-2021 Mowing, Trimming Hedge & Weed Control International Drive Page 6 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 EXHIBIT B SECTION I – INTERNATIONAL DRIVE LAWNCARE AREA CALCUATION 1000 International Drive Prepared by: GMS Approved by: KEVIN SMITH Not to Scale Sheet No.: 2 of 4 Date: 9-10-2021 Mowing, Trimming Hedge & Weed Control International Drive Page 7 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 EXHIBIT B SECTION I – INTERNATIONAL DRIVE LAWNCARE AREA CALCUATION 1000 International Drive Prepared by: GMS Approved by: KEVIN SMITH Not to Scale Sheet No.: 3 of 4 Date: 10-1-2021 Mowing, Trimming Hedge & Weed Control Page 8 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 EXHIBIT B SECTION II – QTA LAWNCARE AREA CALCUATION 1000 International Drive Prepared by: GMS Approved by: KEVIN SMITH Not to Scale Sheet No.: 4 of 4 Date: 10-1-2021 Mowing, Trimming Hedge & Weed Control Page 9 of 9 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Attachment B: Bid/Pricing Schedule DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Attachment C: Insurance & 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 Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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 Page 1 of 3 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E.Within 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 remove the exhibit Page 2 of 3 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 05/10/2021 Risk Management – Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 Attachment D: Warranty Requirements Warranty is required for this service agreement. Page 1 of 1 DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 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: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 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: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 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). DocuSign Envelope ID: 1C39AEA8-AF97-40E5-ADA3-80F376AFE1D0 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing submission of grant application for $161,606.73 to the State of Texas for salaries and benefits of three full-time employees and supplies, training, mileage reimbursements under the Victims of Crime Act, with $4,320.00 for in-kind services. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division under the Victims of Crime (VOCA) Act for projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues support for the Victim Assistance Program which provides assistance to victims and family members who have experienced direct victimization. The goal of the Program is to lessen the short- and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salaries and benefits for three Victim Case Managers, equipment, supplies, training, and mileage reimbursements. The three case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims’ Compensation u nder the Texas Crime Victims Compensation Act. This work includes informing victims of their rights as victims, advocating on victims’ behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $141,283.41 for the salary/benefits of three Victim Case Managers, $5,823.32 for supplies, and $14,500.00 for travel and training. The City provides a $4,320.00 in-kind contribution in volunteer hours. This is the twenty-third year of the grant. Last year the City Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 received $129,212.45. The funding is not on a declining percentage or ending funding cycle. The grant period will be October 1, 2022 through September 30, 2023. ALTERNATIVES: The alternative is not to apply for the grant and discontinue the victim assistance program, which will result in less services being provide to persons who have experienced direct victimization. FINANCIAL IMPACT: The Victims of Crime Act Grant in the amount of $161,606.73 will increase the Police Grants Revenue for the Victims of Crime Program. Funding Detail Fund 1061 Organization/Activity: 842022F Mission Element: 156 Project # (CIP Only): N/A Account: 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 520090 Minor Tools 547010 Travel 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $161,606.73 to the State of Texas for salaries and benefits of three full-time employees and supplies, training, mileage reimbursements under the Victims of Crime Act, with $4,320.00 for in-kind services. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $161,606.73 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable $4,320.00 in -kind services. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing submission of grant application for $47,393.76 to the State of Texas for the salary and benefits of one full-time employee under the Violence Against Women Act with City cash match of $13,351.61 and $6,960.00 for in-kind services. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) for projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk -in to the unit at the Corpus Christi Police Department (CCPD). The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest. The case manager serves to establish and encourage a working relationship between social agencies and the CCPD, and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow-up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs. Contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence The State provides $45,220.93 for the salary and benefits of one Victim Case Manager, volunteer hours contribute toward the in-kind contribution of $6,960.00, and the City contributes $13,351.61 for training, travel, supplies, and miscellaneous equipment as the required 30% match. This grant period will be from October 1, 2022 through September 30, 2023. The City has received this grant for 24 years. Last year the City received $48,724.61. ALTERNATIVES: Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act Fund AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 The alternative is not to submit the application, but the program will be discontinued without funding. This will result in victims of domestic violence receiving less services and will decrease cooperation with law enforcement agencies, to include CCPD. FINANCIAL IMPACT: The Violence Against Women Act Grant in the amount of $47,393.76 will increase the Police Grants Revenue for the Violence Against Women Program with a cash transfer from the FY 2023 General Fund to the Police Grants Fund for the City cash match. Funding Detail Fund 1020 & 1061 Organization/Activity: 1020 – 60035 / 1061 Mission Element: 156 Project # (CIP Only): N/A Account: 548950 Cash contribution – grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $47,393.76 to the State of Texas for the salary and benefits of one full -time employee under the Violence Against Women Act with City cash match of $13,351.61 and $6,960.00 for in -kind services. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $47,393.76 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department’s Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $13,351.61 cash and $6,960 in-kind services. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing submission of a grant application for $150,000.00 to the State of Texas to cover the cost of a forensic sciences computer system under the FY 2023 Paul Coverdell Forensic Sciences Improvement Grant. SUMMARY: Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division from the U.S. Department of Justice, National Institute of Justice Paul Coverdell Forensic Sciences Improvement Grant Program. There is no match requirement for this program. BACKGROUND AND FINDINGS: The Coverdell Grant will support the purchase of a 3D laser scanner computer system for the documentation and capture of crime scenes, particularly homicides and officer-involved shootings. It will be assigned to the Corpus Christi Police Department’s (CCFD) Forensic Services Division. This system has the ability to record millions of points of data to create a three-dimensional point cloud that is a digital reconstruction of a crime scene. It also provides unprecedented levels of detail and precision versus traditional methods of documentation and measurement while dramatically reducing the amount of time and manpower needed to thoroughly document crime scenes. In its entirety, from initial documentation to preparation of final diagrams, a typical crime scene can take many hours both at the scene itself and afterwards compiling measurements and creating a sketch, either by hand or using antiquated software. Use of a 3D scanner could potentially reduce this time by 80 percent or more. Furthermore, data acquired with this device can be integrated with information captured with drone-based 3D mapping to provide a completely digital workflow for documenting both indoor and outdoor crime scenes. This technology will greatly enhance our ability to conduct thorough, accurate, and timely crime scene analysis. It will also aid investigators, judges, attorneys, and juries in understanding the scene to a much greater degree, allowing for examination from literally all angles, as well as 3D “flythroughs” that put investigator “virtually” inside of the crime scene. Such detail is increasingly Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the FY 2023 Paul Coverdell Forensic Sciences Improvement Grant AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 expected in the courtroom setting. The combined approach of laser scanning with drone photogrammetry will advance CCPD’s capabilities by several decades, bringing CCPD into the modern era of crime scene investigation and forensic analysis. The equipment will be the first of its kind used by CCPD. The project period is from October 1, 2022 through September 30, 2023. ALTERNATIVES: The alternative is not to submit the grant and continue with current manual documentation of crime scenes; however, CCPD will not be equipped with the latest crime scene mapping technology, putting it behind the curve in investigations, court cases, and modern police best practices. FINANCIAL IMPACT: There is no financial impact at this time. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund – 822903F Mission Element: 152 Project # N/A Account: 520090 – Minor Tools & Equipment RECOMMENDATION: Staff recommends submission of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application for $150,000.00 to the State of Texas to cover the cost of a forensic sciences computer system under the FY 2023 Paul Coverdell Forensic Sciences Improvement Grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas under the FY 2023 Paul Coverdell Forensic Sciences in the amount of $150,000.00. SECTION 2. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 3. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance HeatherH2@cctexas.com (361) 826-3227 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing Amendment No. 5 to the merchant application and agreement for credit/debit card processing with Worldpay LLC, for an amount not to exceed $1,686,800.00 increasing the total agreement to $7,196,800.00; and ratifying the effective date of the one-year term of the amendment to August 18, 2021, terminating August 17, 2022, with funding available through various funds using department operational budgets. SUMMARY: This is an extension of the original agreement with Fidelity Information Services, LLC. Fidelity Information Services is now Worldpay, Inc, due to a merger. This agreement allows the City to receive credit and debit card payments for utility bills, municipal court fees and fines, parks and recreation fees, building permits and services, and other services provided by the City. BACKGROUND AND FINDINGS: Currently, the City receives approximately $125,000,000 in credit and debit card payments annually. The City must establish a Merchant Account with a service provider that acts as an intermediary in the payment process to receive credit card payments from customers. This service is a highly technological process that performs many functions of the payment transaction including, but not limited to, authenticity of the credit card utilized, validation of available funds or credit in the customer’s account, removal of funds or charges to the customer’s account, security oversight of all account information, deposit of funds into the City’s account and monthly reporting of all transactions that occur on the Merchant Account. The City pays a fee to the Merchant Amendment No. 5 to the Merchant Account Services Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 Services provider based on the type of card used, amount of the transaction, type payment made and other transaction attributes. This service provides credit/debit card payments at thirty-one (31) walk-up payment centers located throughout the City. It also is used by our customers for online payments and Interactive Voice Response (IVR) telephone transactions. The highest volume of t ransactions and dollars paid through this service is through online and IVR for utility payments. The City originally entered into a merchant agreement with Fidelity Information Services, LLC (now known as Worldpay, Inc.) in 2015. This agenda item will provide an extension to that original merchant agreement. It was extended administratively from February 2021 to August 2021 as the City was exploring other merchant providers. Another merchant provider was identified during that time. That provider was on the state contract and offered lower fees. However, as the City began discovery with the integration of the City’s existing systems and software, staff found that the integration with the City’s financial software would be difficult to achieve. This discovery continued past the August 2021 expiration date of the merchant agreement, and so fees have been paid month-to-month to Worldpay, Inc. since then. Another prospective vendor was identified that could offer a complete payment platform to the City. The timeline for a transition from the current merchant provider to a new merchant provider spans several months. Therefore, the current contract must be amended to allow the City to accept credit/debit card payments while additional discovery is made for a possible transition to another merchant provider. ALTERNATIVES: The alternative is that the City could not accept payment by debit or credit card resulting in customers’ payment methods to be cash, money orders, or checks. FISCAL IMPACT: The City will pay an amount not to exceed $1,686,800 for this extension. FUNDING DETAIL: Fund: Various operational funds, mainly Utilities funds Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the motion authorizing Amendment No. 5 as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 5 Fully Executed Application, Schedule A and SEP Fully Executed Schedule A.1 to Merchant Regulations-Pricing DocuSign Envelope ID: 6073EECC-3190-458A-BAA9-E285D01 F70D9 Date: December 9, 2021 Amendment City of Corpus Christi Contracts and Procurement Merchant Agreement No.: Merchant Application and Agreement Reference: N/A Merchant Agreement Current Estimated Value: $5,510,000 Amendment No. § The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Worldpay, lnc.,LLc hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the "Amendment") which, together with the Merchant Application and Agreement (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. This Amendment modifies the Term of the Agreement to extend it to August 16, 2022, in order to allow additional time for the procurement process and award of a new contract to a successful bidder, or until the effective date of any new agreement the City awards for this service, whichever occurs earlier. The City will provide notice of the award of a new contract. The Term is revised as follows: 1.Current Agreement Term: 02/18/2016 - 08/17/2021 2.Revised Agreement Term: 02/18/2016 - 08/17/2022 11. Increases the estimated value of the Agreement by $1,686,800.00 for the additional Term based on the projected credit card transaction volume; therefore, the revised estimated value of this Agreement is $7,196,800.00. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. �DocuSigned by: fJvl� kwso..JA,S 9!H9F9A3E680471... Worldpay, Inc: LLC 12/11/2021 I 15:02 EST Date Josh Chronley Date Assistant Director, Finance-Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Gina Roderick 1/7/16 DATE: January 7, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3@cctexas.com (361) 826-3227 CAPTION: Resolution relating to City of Corpus Christi’s intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $207,789,617 for Utility System expenditures budgeted in the Fiscal Year 2021-2022 Capital Improvement Plan but incurred before the issuance of the bonds. SUMMARY: The City of Corpus Christi is planning on awarding contracts for utility system capital projects included in the Fiscal Year 2021-2022 Capital Improvement Plan (CIP) prior to the issuance of Utility System Revenue Bonds planned for Spring 2023. This resolution is needed for the City to move forward with incurring capital costs and then reimburse itself for these costs with bond proceeds once issued. BACKGROUND AND FINDINGS: The City is planning on issuing Utility System Revenue Bonds to fund projects approved in the Fiscal Year 2021-2022 Utility System CIP. The City is able to award contracts for these projects prior to the issuance of bonds in order to move forward with the projects early in the fiscal year. The City plans on issuing bonds as funds are needed beginning in spring 2023 and will reimburse itself an amount not to exceed $207,789,617 for expenditures with the bond proceeds. This amount includes $10,307,260 for projects in support of the gas utility, $43,272,316 in support of the stormwater utility, $79,585,702 in support of the water utility, and $74,624,339 in support of the wastewater utility. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. It is not anticipated that the full amount will be committed prior to the bond issuance, but it is best practice to approve the reimbursement for the full amount. ALTERNATIVES: Reimbursement Resolution for Utility Capital Projects AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the start of the projects until the bonds have been issued. FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available Utility System cash to begin awarding projects budgeted in the Fiscal Year 2021-2022 CIP. Once the Utility System Revenue Bonds are issued, the cash funds will be replenished with bond proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 2021-2022 CIP Project List Prior FYs Thru 6/21 Funding Needed for FY 21-22 Funding Needed for FY 22-23 Project #Project Name Expenditures & Remaining Budget Year 1 Year 2 E13050 Choke Canyon Dam Infrastructure Improvements 1,346,315 4,650,000 E15117 Seawater Desalination 6,180,696 10,163,763 105,715,000 20278 Wesley Seale Dam Dewatering System 1,507,940 1,400,000 2,500,000 180548 Wesley Seale Dam Infrastructure Modernization 583,534 250,000 500,000 20258 Wesley Seale Dam Instrumentation Rehabilitation 321,123 825,000 1,320,000 21029 Wesley Seale Dam Spillway Gates Rehabilitation 1,000,000 2,000,000 E13068 Mary Rhodes Pipeline Cathodic Protection Upgrade 838,546 250,000 700,000 E13037 Mary Rhodes Pipeline Phase 1 System Improvements 104,917 800,000 1,000,000 19025 Mary Rhodes Pipeline Phase 2 System Improvements 102,675 2,000,000 E11068 Nueces River Raw Water Pump Station 17,649,609 E16417 Nueces River Raw Water Pump Station Transmission Main 650,000 4,100,000 21104 ONSWTP Chlorine System Improvements 963,000 2,700,000 16,100,000 18131 ONSWTP Clearwell No. 3 1,924,365 15,100,000 22404 ONSWTP Cunningham WTP Demolition 2,800,000 2,420,000 21030 ONSWTP Electrical Distribution Improvements 1,250,000 250,000 20094 ONSWTP Filter Building Rehabilitation - Phase 2 292,845 2,500,000 19032 ONSWTP Filtration System Hydraulic Improvements 1,135,840 1,000,000 6,100,000 22407 ONSWTP Flocculation Upgrades and Baffling in Basins 1, 2 1,500,000 6,600,000 E11066 ONSWTP High Service Building #3 28,247,389 22405 ONSWTP Navigation Pump Station Improvements 100,000 2,950,000 E17047 ONSWTP Raw Water Influent and Chemical Facilities Improvements 124,866 4,875,000 10,100,000 22406 ONSWTP Recycle Pond Improvements 500,000 2,350,000 22408 ONSWTP Security Upgrade 600,000 18130 ONSWTP Sedimentation Basin Improvements 3,612,717 8,015,000 4,350,000 E13051 ONSWTP Site Infrastructure Improvements 400,549 2,000,000 4,500,000 18154 Citywide Large-Size Water Line Assessment and Repairs 730,124 662,399 662,399 19037 Citywide Water Line Repair/Replacement (Large Diameter)10,608,022 10,366,100 12,143,400 19010 Citywide Water Line Repair/Replacement (Small Diameter)4,040,500 2,130,000 10,000,000 E16290 Elevated Water Storage Tanks - Citywide 10,917,766 5,660,000 5,160,000 22144 Flour Bluff 18'' Line Extension 880,000 6,900,000 21038 Leopard Street & Up River Road Water Line Replacement 700,000 2,775,000 2,736,500 WATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE WATER SHORT-RANGE CIP WATER SOURCES WATER SUPPLY LINES WATER TREATMENT WATER DISTRIBUTION LINES 21039 Nueces Bay Blvd - Poth Lane Water Line Replacement 466,961 4,600,000 4,550,000 20100 Packery Channel Water Line Improvement 248,356 2,500,000 19038 Port Avenue Water Line Replacement 193,078 5,494,500 21040 Sand Dollar Pump Station Improvements 650,000 20101 SH286 Water Line Replacement 549,000 4,169,000 18156 Ship Channel Water Line Relocation 1,706,200 5,200,000 2,000,000 21041 South Side Water Transmission Main 400,000 600,000 E15158 TxDOT Water Line Relocation - Harbor Bridge 7,221,615 3,200,000 E13031 Water System Process Control Reliability Improvements 322,161 350,000 350,000 E15157 Utility Building 156,805 1,000,000 6,300,000 102,648,514 96,245,762 244,226,299 Water Utility Support - Streets projects 15,443,070 9,960,303 7,790,776 118,091,584 106,206,065 252,017,075 Prior FYs Funding Needed for FY 21-22 Funding Needed for FY 22-23 Revenue Source Expenditures & Remaining Budget Year 1 Year 2 American Rescue Plan Act 13,856,600 12,143,400 Pay Go 2,523,622 Port of Corpus Christi 853,100 2,600,000 1,000,000 Raw Water Trust 95,000 Revenue Bond 110,599,459 79,585,702 133,158,675 State Water Implementation Fund Texas Loan 4,020,403 10,163,763 105,715,000 118,091,584 106,206,065 252,017,075 WATER FUNDING TOTAL: WATER FACILITIES AND OTHER WATER PROJECT TOTAL: WATER SHORT-RANGE CIP TOTAL: WATER AVAILABLE FUNDING Funding Needed for FY 23-24 Short-Range FY21-23 Year 3 TOTALS 4,650,000 105,335,000 221,213,763 5,050,000 8,950,000 4,000,000 4,750,000 1,370,000 3,515,000 2,500,000 5,500,000 950,000 1,800,000 3,600,000 2,000,000 - 4,750,000 16,150,000 34,950,000 5,150,000 20,250,000 5,220,000 1,500,000 2,500,000 6,150,000 13,250,000 6,650,000 14,750,000 - 3,950,000 7,000,000 10,150,000 25,125,000 2,250,000 5,100,000 600,000 12,365,000 1,000,000 7,500,000 662,399 1,987,197 12,143,400 34,652,900 10,000,000 22,130,000 5,160,000 15,980,000 4,800,000 12,580,000 1,685,000 7,196,500 WATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE 9,150,000 2,500,000 5,494,500 650,000 4,718,000 7,200,000 1,000,000 3,200,000 700,000 7,300,000 205,955,799 546,427,860 1,166,701 18,917,780 207,122,500 565,345,640 Funding Needed for FY 23-24 Short-Range FY21-23 Year 3 TOTALS 26,000,000 - 3,600,000 - 101,787,500 314,531,877 105,335,000 221,213,763 207,122,500 565,345,640 Prior FYs Thru 6/21 Funding Needed for FY 21-22 Funding Needed for FY 22-23 Project # Project Name Expenditure and Remaining Budget Year 1 Year 2 E10043 Allison WWTP Process Improvements and Lift Station upgrade 9,376,001 11,570,000 950,000 18084 Broadway WWTP Plant Rehabilitation 1,040,198 4,070,000 5,050,000 21001 Broadway WWTP Third Clarifier 500,000 3,500,000 E10180 Greenwood WWTP Electrical Improvements to UV System 7,281,974 600,000 18070 Greenwood WWTP Flood Mitigation 461,697 1,100,000 5,900,000 18067 Greenwood WWTP Headworks & Grit Removal Rehab 3,651,165 18069 Greenwood WWTP Process Upgrade (DAF and Odor Control) 724,226 3,500,000 3,400,000 18086 Laguna Madre WWTP Rehabilitation 3,069,845 2,575,000 E12159 Old Broadway WWTP Decommissioning 1,871,156 1,500,000 4,000,000 E12206 Oso WRP Ammonia Headworks and Lift Station 36,814,100 20084 Oso WRP Process Upgrade and BPC Facility Decommission 31,668 4,500,000 9,000,000 18082 Wastewater Treatment Plants & Lift Station SCADA Improvements 766,601 3,000,000 1,500,000 18087 Whitecap Wastewater Treatment Plant (WWTP) Improvements 1,062,091 1,920,000 8,150,000 E10053 Whitecap, Odor Control, Process & Bulkhead Improvements 2,592,646 22108 Wastewater Backup Generators - City Wide 4,000,000 4,500,000 22009 Allison Basin New Lift Station and Force Main 500,000 19029 Citywide Lift Station Repair 989,134 6,500,000 8,000,000 E14054 McBride Force Main and Lift Station 4,316,539 1,500,000 21002 Park Road 22 Lift Station 3,841,264 320,000 18085 Williams Lift Station Force Main (Line A) 252,115 1,250,000 2,500,000 22125 Citywide Collection Capacity Remediation 1,000,000 1,600,000 18157 Citywide Wastewater IDIQ 18,144,731 17,000,000 17,000,000 E15158 TxDOT Wastewater Line Relocation - HARBOR BRIDGE 7,304,614 22150 Twin 36in Wastewater Mains Rehabilitation 2,650,000 22129 Wastewater Maintenance Shop 500,000 1,500,000 22155 Wastewater WWTP Office Facilities 500,000 1,830,000 103,591,765 70,055,000 78,880,000 Wastewater Utility Support - Streets projects 15,575,990 12,569,339 5,599,379 119,167,755 82,624,339 84,479,379 WASTEWATER PROJECT TOTAL: WASTEWATER SHORT-RANGE CIP WASTEWATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE WASTEWATER TREATMENT PLANTS WASTEWATER LIFT STATIONS WASTEWATER SYSTEM MAINTENANCE AND OTHER WASTEWATER SHORT-RANGE CIP TOTAL: As of April 2021 Funding Programed for FY 21-22 Funding Programed for FY 22-23 Revenue Source Encumbrances & Remaining Budget Year 1 Year 2 Pay Go 766,601 Grant- American Rescue Plan Act 8,000,000 8,000,000 Revenue Bonds 118,401,154 74,624,339 76,479,379 119,167,755 82,624,339 84,479,379WASTEWATER FUNDING TOTAL: WASTEWATER AVAILABLE FUNDING Funding Needed for FY 23-24 Short-Range FY22-24 Year 3 TOTALS 12,520,000 9,120,000 2,500,000 6,500,000 600,000 4,150,000 11,150,000 - 12,000,000 18,900,000 2,575,000 5,500,000 - 20,200,000 33,700,000 1,500,000 6,000,000 10,070,000 - 8,500,000 1,500,000 2,000,000 8,400,000 22,900,000 1,500,000 320,000 5,150,000 8,900,000 5,000,000 7,600,000 17,000,000 51,000,000 - 2,650,000 4,500,000 6,500,000 2,400,000 4,730,000 84,300,000 233,235,000 924,779 19,093,497 85,224,779 252,328,497 WASTEWATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE Funding Programed for FY 23-24 Short-Range FY22-24 Year 3 TOTALS - 2,400,000 18,400,000 82,824,779 233,928,497 85,224,779 252,328,497 Prior FYs Thru 6/21 Funding Needed for FY 21-22 Funding Needed for FY 22-23 Project # Project Name Encumbrance & Remaining Budget Year 1 Year 2 20114 Bay Water Quality Improvement 171,777 500,000 500,000 21105 Bridge Rehabilitation 126,950 600,000 600,000 21044 Channel Ditch Improvements 600,000 600,000 21107 Citywide Storm Water Infrastructure Rehabilitation 3,288,605 6,050,000 6,050,000 E10200 La Volla Creek Improvements 4,514,200 10,503,451 2,900,000 20113 Lifecycle Curb and Gutter Replacement 647,148 630,000 630,000 21106 Major Outfall Assessments & Repairs 800,000 800,000 22142 North Beach Drainage Improvements 550,000 4,450,000 20277 North Beach Drainage Study 662,694 230,000 22165 Storm Water Crew Quarters Building 1,064,000 21031 Storm Water Pipe Inspection 1,000,000 1,000,000 9,411,374 22,527,451 17,530,000 36,370,424 30,015,420 10,692,704 45,781,798 52,542,871 28,222,704 Prior FYs Funding Needed for FY 21-22 Funding Needed for FY 22-23 Revenue Source Encumbrances & Remaining Budget Year 1 Year 2 Grant- American Rescue Plan Act 5,550,000 9,450,000 Grant- GLO 3,514,200 3,720,555 Revenue Bond 42,267,598 43,272,316 18,772,704 45,781,798 52,542,871 28,222,704STORM WATER FUNDING TOTAL: STORM WATER SHORT-RANGE CIP STORM WATER PROJECT TOTAL: STORM WATER SHORT-RANGE CIP TOTAL: STORM WATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE Storm Water Utility Support - Street projects STORM WATER FUNDING Funding Needed for FY 23-24 Short-Range FY22-24 Year 3 TOTALS 500,000 1,500,000 600,000 1,800,000 600,000 1,800,000 6,050,000 18,150,000 2,900,000 16,303,451 630,000 1,890,000 800,000 2,400,000 5,000,000 230,000 1,064,000 1,000,000 3,000,000 13,080,000 53,137,451 2,440,879 43,149,003 15,520,879 96,286,454 Funding Needed for FY 23-24 Short-Range FY21-23 Year 3 TOTALS 15,000,000 3,720,555 15,520,879 77,565,899 15,520,879 96,286,454 STORM WATER FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE Prior FYs Thru 6/21 Funding Needed for FY 21-22 Funding Needed for FY 22 - 23 Project #Project Name Expenditures & Remaining Budget Year 1 Year 2 E13022 Cathodic Protection Upgrades 129,156 200,000 200,000 21009 Gas Department Building Upgrades 44,021 605,000 535,000 E12132 Gas Lines / Regulator Stations Replacement / Extension Program 2,354,000 200,000 200,000 22123 Gas Storage 500,000 E12131 Gas Transmission Main- New 486,585 700,000 700,000 18156 Ship Channel Gas Line 17,155 1,400,000 700,000 18088 TxDOT Gas Line Relocation (Harbor Bridge) 4,200,000 800,000 3,030,917 7,805,000 3,135,000 1,820,010 2,502,260 1,955,574 4,850,927 10,307,260 5,090,574 Prior FYs Funding Needed for FY 21-22 Funding Needed for FY 22 - 23 Revenue Source Expenditures & Remaining Budget Year 1 Year 2 Revenue Bonds 3,727,717 10,307,260 5,090,574 3,727,717 10,307,260 5,090,574GAS DEPARTMENT FUNDING TOTAL: GAS DEPARTMENT FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE GAS SHORT-RANGE CIP GAS PROJECT TOTAL: Gas Utility Support - Street projects GAS SHORT-RANGE CIP TOTAL: GAS AVAILABLE FUNDING Funding Needed for FY 23 - 24 Short-Range FY22 - 24 Year 3 TOTALS 200,000 600,000 1,140,000 200,000 600,000 500,000 700,000 2,100,000 2,100,000 5,000,000 1,100,000 12,040,000 302,306 4,760,140 1,402,306 16,800,140 Funding Needed for FY 23 - 24 Short-Range FY23 - 24 Year 3 TOTALS 1,402,306 16,800,140 1,402,306 16,800,140 GAS DEPARTMENT FISCAL YEAR 2022 CIP PROGRAM SHORT-RANGE 104223391.1 - 1 - RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY’S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAXABLE OR TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $207,789,617 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (1) constructing, improving, enlarging, repairing, and extending the City’s combined utility system and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer intends to reimburse itself for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $207,789,617 to finance a portion of the costs of the Project; and WHEREAS, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer’s budgetary and financial circumstances; and 104223391.1 - 2 - WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer’s reasonable, official intent to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred or to be incurred with respect to the Project from the Issuer’s General Fund or other lawfully available funds of the Issuer. SECTION 2. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 3. The Issuer intends to otherwise comply with those matters addressed within this Resolution. SECTION 4. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law. SECTION 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 104223391.1 - S-1 - PASSED, ADOPTED AND APPROVED on this the 25th day of January, 2022. CITY OF CORPUS CHRISTI, TEXAS ATTEST: Mayor City Secretary (CITY SEAL) APPROVED THIS 25th DAY OF JANUARY, 2022: Miles Risley, City Attorney 104223391.1 - S-2 - THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of January, 2022, relating to establishing the City’s intention to reimburse itself in an amount not to exceed $207,789,617 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of January, 2022. City Secretary (CITY SEAL) 104223391.1 - S-3 - That the foregoing resolution was read and passed on this the 25th day of January, 2022, by the following vote: Billy Lerma Roland Barrera Gil Hernandez Paulette Guajardo Ben Molina _________ Greg Smith _________ Mike Pusley _________ Michael Hunter _________ PASSED AND APPROVED, this the 25th day of January, 2022. ATTEST: Rebecca Huerta City Secretary Paulette Guajardo Mayor DATE: November 2, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 – 3575 Roland Mata, Director, Public Works RolandoM2@cctexas.com (361) 826-1677 CAPTION: Resolution authorizing an Interlocal Agreement between Nueces County and the City of Corpus Christi regarding transfer, assignment and conveyance of drainage easement appurtenant and right of way. (District 3) PURPOSE: The purpose of this resolution to authorize execution of an Interlocal Agreement between Nueces County and the City of Corpus Christi regarding transfer, assignment, and conveyance of drainage easement appurtenant and right of way. BACKGROUND AND FINDINGS: A drainage channel extending from Oso Creek south to London High School serves as the major drainage facility for this developing area. In 2019, land located north of London High School, north of FM43 on both sides of the drainage channel was annexed. On July 30, 2019, City Council authorized the annexat ion of 161.56 acres in the London Towne area. On December 10, 2019, 446.4 acres in the Kings Landing area was annexed by City Council. More than 2660 homes and approximately 80 acres in commercial development are planned. Platting activity has since occurred in both developments. The drainage channel and right of way is identified on the London Area Wastewater and Stormwater masterplan which requires sufficient capacity of the stormwater conveyance. Additional drainage right of way dedication was required as an off-site drainage improvement for the Kings Landing subdivision. The ROW width varies from Interlocal agreement between Nueces County and the City of Corpus Christi Regarding Conveyance of a Drainage Easement and Right of Way. AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 55 feet on the southern section to 75 feet and then 100 feet near Oso Creek. The ditch extends approximately 1 mile from Oso Creek to the London ISD property line. The drainage channel was recently improved by MPM Homes Inc. in partnership with Nueces County and the easement was conveyed to Nueces County. The improvements involved excavating and grading approximately 5300 feet of drainage channel and installing a reinforced concrete channel liner to control erosion and improve hydraulic efficiency. The improvements were accepted by the Engineering Services Department on November 16, 2021. Since the facility is in the city limits, the interlocal memorializes the conveyance of the 8.835-acre drainage easement and right of way to the City of Corpus Christi. ALTERNATIVES: Denial of the Resolution or table for modification of interlocal agreement FISCAL IMPACT: The city will be responsible for the maintenance of the drainage channel. FINANCIAL IMPACT: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project# (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution with Interlocal Agreement Exhibit PowerPoint Presentation Location Map Resolution authorizing an Interlocal Agreement between Nueces County and the City of Corpus Christi regarding transfer, assignment and conveyance of drainage easement appurtenant and right of way. Whereas, in a document recorded on January 12, 2021 as Instrument Number 2021001668 in the official public records of Nueces County, Texas, Nueces County, as Grantee, obtained a Drainage Easement Appurtenant and Right of Way from Moses Mostaghasi, MPM Homes, Inc., as Grantors, a copy of which is attached hereto as “Exhibit A to Agreement; WHEREAS, said Drainage Easement Appurtenant and Right of Way is located in the area in and between the Kings Landing Subdivision and the London Towne Subdivision, and comprises an 8.825 acre tract of land, more or less, for drainage easement purposes; WHEREAS, said Drainage Easement Appurtenant and Right of Way lies within areas annexed by City: WHEREAS, County Commissioners Court has authorized the County Judge to execute all necessary documents to transfer, assign, and convey said Drainage Easement Appurtenant and Right of Way to City; and WHEREAS, said Drainage Easement Appurtenant and Right of Way will be used by City for purposes that benefit the public, namely for drainage and flood prevention and control. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement, in compliance with Chapter 791 of the Government Code, between Nueces County and the City of Corpus Christi regarding transfer, assignment and conveyance of drainage easement appurtenant and right of way. SECTION 2. The City Manager or designee is authorized to execute all documents necessary to accept the transfer, assignment and conveyance of drainage easement appurtenant and right of way per the Interlocal Agreement PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor *VG 67 2021 2021001668* Nueces County Kara Sands Nueces County Clerk Instrument Number: 2021001668 Official Public Records EASEMENT Recorded On: January 12, 2021 09:02 AM Number of Pages: 7 Examined and Charged as Follows:" Total Recording: $0.00 STATE OF TEXAS Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County, Texas *RN0- cs~2 Kara Sands Nueces County Clerk Nueces County, TX 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: 2021001668 RTC-DOUG/LEGAL AIDE Receipt Number: 20210112000033 Recorded Date/Time: January 12, 2021 09:02 AM User: Regina C Station: CLERK03 3C NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, DRAINAGE EASEMENT APPURTENANT AND RIGHT OF WAY That Moses Mostaghasi, MPM Homes Inc., 6722 Brockhampton St., Corpus Christi, TX 78414 ("Grantors"), whether one or more persons, in consideration of Two Hundred Thousand and NO/1 00 Dollars ($200,000.00), and other valuable consideration paid by Nueces County, Texas, the receipt and sufficiency of which are hereby acknowledged, and the covenants hereinafter set forth, do hereby grant, sell, convey, and warrant to Nueces County, Texas, whose address is 901 Leopard Street, Corpus Christi, Texas 78401-3606 ("Grantee") and its successors, assigns, lessees and tenants, a permanent easement appurtenant and right of way ("Easement") for the purpose of constructing and maintaining a drainage ditch and appurtenant equipment and fixtures, being in, on, over, under, through and across the following described lands (hereafter called "Easement Area") of the Grantors, situated in Nueces County, State of Texas: Tract Description: an 8.825 acre tract of land, more or less, for drainage easement, a portion of a 293.041 acre tract of land described by deed recorded at Document No. 2019035726, Official Records, Nueces County, Texas The Easement Area is more fully described and depicted on Exhibit "A", a copy of which is attached hereto and made a part hereof. GRANTORS FURTHER GRANT AND CONVEY the right, now or in the future, to construct, reconstruct, operate, maintain, alter, improve, extend, inspect, patrol, protect, repair, remove, replace, upgrade and relocate within the Basement Area, a drainage ditch and all other appurtenant equipment and fixtures; together with the right to add to said facilities from time to time, and the right to do anything necessary, useful or convenient for the enjoyment of the Easement herein granted. In addition, the Grantors convey the right of unobstructed ingress and egress, at any and all times, over, across, under, along and upon the Easement Area, and the adjoining lands of Grantors as may be necessary for access to and from the Easement Area for the above referenced purposes. The failure of GRANTEE to exercise any of the rights granted herein, or the removal of any facilities from the Easement, shall not be deemed to constitute an abandonment or waiver of the rights granted herein. This instrument contains the complete agreement, expressed or implied between the parties herein and shall inure to the benefit of and be binding on their respective successors, assigns, heirs, executors, administrators, lessees, tenants, and licensees. 20210009-116 TO HAVE AND TO HOLD the Easement Area unto the Grantee for the purposes herein set forth, Grantor hereby binds itself and Grantors heirs, executors, administrators, successors and assigns to warrant and forever defend the easement and rights granted herein unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof. This Easement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. Any remaining space on this page left intentionally blank. See next page for signatures. THIS INSTRUMENT IS EX1CUTED BY hasi, MPM Homes Inc. State of Texas WUL County § This instrument was acknowledged before me on this day of V 20 by Moses Mostaghasi. r i u No Public, State of Texas ii ia Commission expires cIy Iubir I 1 ' v/ Barbara Canales, County Judge Nueces County, State of Texas State of Texas § § Nueces County § This instrument was acknowledged before me on this day of , 20_ by Barbara Can ales, the County Judge of Nueces County, Texas, a political subdivision of the State of Texas, on behalf of said political subdivision. Attest: Kara Sands Nueces County Clerk Notary Public, State of Texas Commission expires: Exhibit "A" MURRAY BASS, JR., P.E., R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NixoN M. WELSH, FE., R.P.L.S. 361 882-5521-- FAX 361 882-1265 www. bass-welsh .com e-mail: murrayjr@aol.coni 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 November 24, 2020 18068-M&B-DE.doc Drainage Easement STATE OF TEXAS COUNTY OF NUECES Description of an 8.825 acre tract of land, more or less, for drainage easement, a portion of a 293.041 acre tract of land described by deed recorded at Document No. 2019035726, Official Records, Nueces County, Texas, said 8.825 acre tract of land for drainage easement as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found in drainage ditch under water for the northeast corner of a 25.00 acre tract of land described by deed recorded at Document No. 2008018783, said official records and upper southeast corner of said 293.041 acre tract, said beginning point for the southeast corner of the tract herein described; THENCE along the common upper south boundary line of said 293.041 acre tract and north boundary line of said 25.00 acre tract S89°08'51"W 55.00' to a 5/8" iron rod set for the southwest corner of the tract herein described; THENCE N01000'04"W 2999.86' along a line 55.00' west of and parallel to the east boundary line of said 293.041 acre tract to a 5/8" iron rod set for central interior westerly corner of the tract herein described; THENCE S 88°59'56" W 20.00' to a point for central westerly corner of the tract herein described; THENCE N01°00'04"W 412.14' along a line 75.00' west of and parallel to said east boundary line of 293.041 acre tract to a 5/8" iron rod set for interior central westerly corner of the tract herein described; THENCE S88059'56"W 25.00' to a point for central westerly corner of the tract herein described; THENCE N01000'04"W 1904.40' along a line 100.00' west of and parallel to the west boundary line of a 145.50 acre tract of land described by deed recorded at Document No. 1997034379, said official records, to a 5/8" iron rod set in the south bank of the Oso Creek for the northwest corner of the tract herein described; THENCE along said south bank of Oso Creek S69052'48"E 107.20' to a 518" iron rod set at the point of intersection of said south bank of Oso Creek and the west boundary line of said 145.50 acre tract for the northeast corner of the tract herein described; THENCE S01000'04"E 5277.91' along said west boundary line of 145.50 acre tract and along the west boundary line of a 55' wide x 3.969 acre drainage easement described by deed recorded at Document No. 2020036456, said official records, to the POINT OF BEGINNING, a sketch showing said 8.825 acre tract being attached hereto as Exhibit TLxon M. Welsh, R.P.L.S. Nlxdk M. WELSH EXHIBIT "A" 2211 Page 1 of 1 SOUTH BANK OF 050 CRE 69' 521 48' E 107 20' 8 825 AC DRAINAGE EASEMENT 0 4- I- mo (,)0 'oz p3' (-) 100' tj ci C, Z: c cic,) 04- 03' I cn 2b N0100'04'Wl - '-In r) 412, 58859'56W/ • 59' 56' W 25 00' 20, 00, I-'' WIDE X 3.969 ACRE DRAINAGE EASEMENT., DIJC, NO, 2020036456, 0, R. 55) 8, 825 AC, DRAINAGE EASEMENT - z ci 0 I- 0 o o cli 4- (ii R) "4 co n) o 0 OD td rk) bd n)zJ 70 0r,1 0'-• r' -' Y LINE EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1'=600' 0 300' 600' 100' hw:i I I SCALD 1'= 600' NOTEt SET 5/6' I. R, AT ALL CORNERS UNLESS SHOWN OTHERWISE S89D8'51'W 55,001-/ 25, 00 AC, TRACT, DOC, 20, 00 AC, TRACT, BUG, NO, NO, 2008018783, 2005027456, 0 R,, LONDON- 0, R., LISD IND. SCH DIST, BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—DE, JOB NO. 18068, SCALE: 1" = 600' PLOT SCALE. SAME, PLOT DATE: 11/24/20, SHEET 1 OF 1 Ordinance authorizing execution of an Interlocal Agreement between Nueces County and the City of Corpus Christi regarding transfer,assignment and conveyance of drainage easement appurtenant and right of way. Interlocal Agreement City Council January 25, 2022 2 Drainage Easement 3 Drainage Improvements 4 Recommendation Approval 5 Drainage Easement 55 ft. wide 75 ft. wide 100 ft. wide London ISD property line Oso Creek N A.B. FM 43 CR 33DIGGERBALCHUCKWES LEY C R 26 HYD E P AR KCR 47PACIFIC VIEWATLANTIC VIEWCR 49LOXLEYTIARACAI TLYN Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community FM 43FM 763HWY 286HWY 286µ 0 250125Feet LOCATION MAP Date Created: 2/10/2021Prepared By: ReyRDepartment of Development Services EASEMENTDEDICATION Drainage Easement - Doc. No. 2021001668O.R.N.C.T.8.825 Acres Map Scale: 1:15,000 City Limits King's LandingPreliminary Boundary Drainage Easement2021001668 DATE: December 15, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the “FR” Farm Rural District to the “RS -4.5” Single-Family 4.5 District and the “RS-6” Single-Family 6 District. SUMMARY: The purpose is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 29.25 acres in size. The subject property is currently zoned “FR” Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north are single-family homes zoned “RS-6” Single-Family 6 District. To the south is the Barney Davis Power Plant zoned “IH” Heavy Industrial District. To the east are single-family homes zoned “RS-TF” Two-Family District. To the west are vacant properties zoned FR” Farm Rural District. The applicant is requesting that approximately 23 acres of the subject property be rezoned to the “RS-6” Single-Family 6 District and approximately 6 acres be rezoned to the “RS- 4.5” Single-Family 4.5 District. The maximum potential density for the “RS-6” District portion is 135 dwelling units and 46 dwelling units for the portion to be zoned “RS-4.5” District. The applicant is proposing a total of approximately 135 homes. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the “RS-4.5” Single- Family 4.5 District and “RS-6” Single-Family 6 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 23 within 200-foot notification area 5 outside notification area Rezoning a property at or near 4042 Sweet Bay Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/25/22 Second Reading Ordinance for the City Council Meeting 02/08/22 As of December 15, 2021: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 2.09% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200 -foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District and the “RS-6” Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District and the “RS-6” Single-Family 6 District on November 10, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District and the “RS-6” Single-Family 6 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 a 5.962-acre tract of land out of Lot 29, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit “A” & “B”: from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District 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 a 23.288-acre tract of land out of Lots 29 and 30, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit “A” & “B”: from the “FR” Farm Rural District to the “RS-6” Single-Family 6 District The subject property is located at or near 4042 Sweet Bay Drive. Exhibits A & B, which are 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, Page 2 of 10 both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 10 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 202 2. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 10 Page 5 of 10 Page 6 of 10 Page 7 of 10 Page 8 of 10 Page 9 of 10 Page 10 of 10 PLANNING COMMISSION FINAL REPORT Case No. 1121-01 INFOR No. 21ZN1044 Planning Commission Hearing Date: November 10, 2021 Applicant & Legal Description Owner: L C, Alty, Ltd. Applicant: L C, Alty, Ltd. Location Address: 4042 Sweet Bay Drive Legal Description: Being 29.25-acre tract of land out of Lot 29 and 30, Section 52, Flour Bluff and Encinal Farm and Garden Tracts recorded in Volume A, Page 41, of the Map Records of Nueces County, Texas, located at the southern end of Sweet Bay Drive south of Yorktown Boulevard. Zoning Request From: “FR” Farm Rural District To: “RS-4.5” Single-Family 4.5 District and “RS-6” Single-Family 6 District Area: 29.25 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Vacant Low Density Residential North “RS-6” Single-Family 6 Vacant and Low Density Residential Low Density Residential South “IH” Heavy Industrial Public/Semi- Public Government East “RS-TF” Two-Family Medium Density Residential Low Density Residential West “FR” Farm Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District and “RS-6” Single-Family 6 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. City Council District: 4 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along the Sweet Bay Drive which is designated as an “Local / Residential” Street. According to the Urban Transportation Plan, “Local / Residential” Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Sweet Bay Drive Local/Residential 50’ ROW 28” paved 50’ ROW 18’ paved Not Applicable Staff Summary: Development Plan: The subject property is 29.25 acres in size. The owner is proposing the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north are single-family homes zoned “RS-6” Single-Family 6 District. To the south is the Barney Davis Power Plant zoned “IH” Heavy Industrial District. To the east are single-family homes zoned “RS-TF” Two-Family District. To the west are vacant properties zoned FR” Farm Rural 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 in proximity to Accident Potential Zone 2 (APZ-2) of Waldron Naval Outlying Landing Field (NOLF) and therefore subject to noise and overhead flights. Plat Status: The property is not platted. Utilities: Water: 6-inch C900 line located along Sweet Bay Drive. Wastewater: 8-inch VCP line located along Sweet Bay Drive. Gas: 2-inch Service Line located along Sweet Bay Drive. Storm Water: Roadside Ditches located along Sweet Bay 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 single-family residential uses. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District and “RS-6” Single-Family 6 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). Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: Staff Report Page 3 The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The applicant is requesting that approximately 23 acres of the subject property be rezoned to the “RS-6” Single-Family 6 District and approximately 6 acres be rezoned to the “RS-4.5” Single-Family 4.5 District. The maximum potential density for the “RS- 6” District portion is 135 dwelling units and 46 dwelling units for the portion to be zoned “RS-4.5” District. According to the site plan, the applicant is proposing a total of approximately 135 homes. Planning Commission and Staff Recommendation (November 10, 2021): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District and RS-6” Single-Family 6 District Public Notification Number of Notices Mailed – 23 within 200-foot notification area. 5 outside notification area As of November 5, 2021: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 2.09% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 L C Alty, Ltd. Rezoning for a Property at 4042 Sweet Bay Drive From “FR” To “RS-4.5” and “RS-6” City Council January 25, 2022 Zoning Case #1121-01 N 2 Zoning Pattern and Adjacent Development Buffer Yards: RS-4.5 to RS-TF: N/A RS-6/RS-4.5 to IH: 50’ and 50 pts. Points: Landscaping, setbacks, fence/wall, etc. Setbacks: RS-6 RS-4.5 Street: 25 feet 20 feet Side/Rear: 5 feet 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. N 3 Public Notification 23 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (2.09%) In Favor: 0 (0.00%) Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 2 N XX 4 Planning Commission and Staff Recommendation Approval of the “RS-4.5” Single-Family 4.5 District and “RS-6” Single-Family 6 District 5 AICUZ 6 Zoning District Breakdown 7 Utilities Water: 6-inch C900 Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: Roadside Ditches N AGENDA MEMORANDUM Action Item for the City Council Meeting of January 25, 2022 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Rolando Mata, Director of Public Works/Street Operations rolandom2@cctexas.com (361) 826-1677 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement Heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a contract to Haas Anderson Construction, Ltd., Corpus Christi, TX, for Ultra-Thin Bonded Wear Course, Milling, and Overlays as part of the Street Preventative Maintenance Program in an amount of $10,040,175.80, located Citywide, with FY2022 funding available from the Streets, Storm Water, Wastewater, Water, and Gas Funds. SUMMARY: This motion approves a construction contract to perform maintenance improvements to 19 streets located Citywide. The project scope varies per street and includes ultra-thin bonded overlays, overlays, base repairs, concrete work on curbs and gutters, minor utility work, pavement markings and ADA improvements. BACKGROUND AND FINDINGS: This project is the continuation of the City Council approved 10 -year street maintenance program for citywide Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. On October 27, 2020, City Council approved FY 2021 and FY 2022 Infrastructure Management Plan (IMP). The SPMP FY 2022 construction contract will provide city-wide road maintenance, on 19 Construction Contract Award FY 2022 Street Preventative Maintenance Program (Bond 2018 Proposition 1 & 2) street sections listed on the IMP. The scope of work will consist a variety of work items associated with roadway maintenance including subgrade and base repair, mill and overlay to arterial, collector, and residential streets, ultra-thin bonded wear course to arterial and collector streets, pavement markings, curb and gutter repair, sidewalk and driveway repairs as needed. Minor utility improvements such as wastewater and storm water manhole ring and cover adjustment, water valve cover adjustment, and gas valve cover adjustment will also be upgraded as a part of this program. In the FY 2022 budget, the City has $122,300,760 funded for programs to repair or reconstruct the City’s roadway. On December 14, 2021, Council approved the appropriation of the full $19.8 million that was earmarked for the Residential Street Repair Program (RSRP). The RSRP program alone will address 43 streets across the City. In the department’s continuance to ramp up its efforts to rehabilitate the City’s infrastructure, the current request totals $10 million, or 84% of the funding earmarked for Street Preventive Maintenance Program (SPMP). The remaining 16% of these funds will address in house activities to include materials and flat work. The SPMP will address 19 streets in FY2022. PROJECT TIMELINE: 2021 2022-2023 March – September O N D J February – February Design Bid / Award Construction Project schedule reflects City Council award in January 2022 with anticipated completion in one year. COMPETITIVE SOLICITATION PROCESS On November 10, 2021, the City received bids from two bidders. The project was bid with 17 Streets with repair designation of Overlay, Ultra-Thin repair, or Rework/Treat base overlay. The City analyzed the bids in accordance with the contract documents and determined to Haas Anderson Construction, Ltd is the lowest responsive and responsible bidder. A summary of the bids is provided below: CONTRACTOR BASE BID Haas- Anderson Construction, Ltd. $10,040,175.80 Bay Ltd. $11,395,000.00 Engineer’s Opinion of Probable Cost $11,359,525.53 Haas Anderson Construction, Ltd has successfully completed numerous City street projects. ALTERNATIVES: The alternative is not to award the construction contract to Haas- Anderson Construction, Ltd. which would delay the project and conflict with the City Council’s goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of $10,040,175.80 with funding available from the from the Streets, Storm Water, Wastewater, Water, and Gas Funds. FUNDING DETAIL: Fund: Street - Streets (Fund 1041) Mission Elem: Street Pavement Maintenance (ME 051) Organization: Street Preventative Mant Program (Org 12415) Project No.: Street Preventative Maintenance Program FY 2022 (21113) Account: Construction (550910) Activity: 21113-1041-EXP Amount: $7,922,479.30 Fund: Storm Water- StrmWtr 2021 CI (Fund 4533) Mission Elem: Drainage Infrastructure (ME 043) Project No.: Street Preventative Maintenance Program FY 2022 (21113) Account: Construction (550910) Activity: 21113-4533-EXP Amount: $1,295,701.50 Fund: Wastewater- Wastewater 4200 (Fund 4200) Mission Elem: Wastewater Collection System (ME 042) Organization: Wastewater Collection Major Maint&Rpr (Org 33410) Project No.: Street Preventative Maintenance Program FY 2022 (21113) Account: Construction (550910) Activity: 21113-4200-EXP Amount: $349,175.00 Fund: Water- Water Fund 4010 (Fund 4010) Mission Elem: Distribute Water (ME 041) Organization: Treated Water Delivery System (Org 31520) Project No.: Street Preventative Maintenance Program FY 2022 (21113) Account: Construction (550910) Activity: 21113-4010-EXP Amount: $390,620.00 Fund: Gas- Gas Fund 4130 (Fund 4130) Mission Elem: Gas Distribution System (ME 022) Organization: Gas Construction (Org 34130) Project No.: Street Preventative Maintenance Program FY 2022 (21113) Account: Construction (550910) Activity: 21113-4130-EXP Amount: $82,200.00 Overall Total $10,040,175.80 RECOMMENDATION: Staff recommends awarding the construction contract for the FY 2022 Street Preventative Maintenance Program to Haas Anderson Construction, Ltd. as presented above. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Street List Bid Tab CIP Page 37 37 181 77 N CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Street Preventative Maintenance Program (SPMP) FY 2022 - Overlays Project Number: 21113 CITY COUNCIL EXHIBIT LOCATION MAP NOT TO SCALE CITYWIDE PROJECT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Street Preventative Maintenance Program (SPMP) FY 2022 - Overlays Project Number: 21113VICINITY MAP NOT TO SCALE CITYWIDE PROJECT District Street From To Work 1 &3 Balboa St Pine St Morgan Ave Overlay 2 Baldwin Blvd Port Ave. Crosstown Expressway Overlay 1 Port Ave Baldwin Blvd. Morgan Ave Overlay 1 Vernon Dr. Dona Dr. Dona Dr.Overlay 2 Weber Rd. Staples St. McArdle Rd.Overlay 3 Congressional Ave. Everhart Rd. Capitol Dr.Overlay 3 Milo St. Ayers St. Richter St. Overlay 3 Richter St. SPID Holly Rd.Overlay 3 Sokol Dr. Kostoryz Rd. Bowie St. Overlay 4 Aquarius St. Fosail St. Whitecap Blvd.Overlay 4 Aquarius St. Commodores Dr. Dasmarinas Dr.Ultra‐Thin 4 Don Patricio Rd. Flour Bluff Dr. Waldron Rd.Rework/Treat Base Overlay 4 Gaines St. Robert Dr. Airline Rd.Rework/Treat base Overlay 5 Airline Rd. Rodd Field Rd. Wooldridge Rd Ultra‐Thin 5 Sanders Dr. Grand Junction Blvd. Saratoga Blvd.Overlay 1 Broadway Middle Shatzell St. Lawrence St.Overlay 1 Lawrence St. (A) Lower Broadway St. Shoreline Blvd.Overlay 1 Lawrence St. (B) Shoreline Blvd. T‐Head Overlay 1 Lawrence T‐Head T‐Head T‐Head Overlay 21113 FY 2022 SPMP Location List ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 MOBILIZATION (MAXIMUM 5%)LS 1 500,000.00$ 500,000.00$ 502,763.50$ 502,763.50$ A2 BONDS AND INSURANCE (MAXIMUM ALLOWANCE OF 2%)AL 1 49,600.00$ 49,600.00$ 48,000.00$ 48,000.00$ A3 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION EA 18 8,000.00$ 144,000.00$ 20,000.00$ 360,000.00$ A4 TRAFFIC CONTROL PLAN-SITE SPECIFIC EA 2 4,000.00$ 8,000.00$ 16,000.00$ 32,000.00$ A5 TRAFFIC CONTROL PLAN-SIGNALIZED INTERSECTION EA 20 1.00$ 20.00$ 6,500.00$ 130,000.00$ A6 RIDE QUALITY ANALYSIS EA 18 600.00$ 10,800.00$ 3,000.00$ 54,000.00$ A7 OZONE DAYS DAY 8 1.00$ 8.00$ 100.00$ 800.00$ A8 BIODEG EROSN CONT LOGS (INSL)(12")LF 2,484 6.00$ 14,904.00$ 5.50$ 13,662.00$ A9 BIODEG EROSN CONT LOGS (REMOVE)LF 2,484 1.00$ 2,484.00$ 3.00$ 7,452.00$ A10 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 100 1.50$ 150.00$ 2.00$ 200.00$ A11 CURB PAINTING (RED FIRE ZONE)LF 100 1.50$ 150.00$ 2.00$ 200.00$ A12 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ A13 ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 1,130,116.00$ 1,549,077.50$ B1 D-GR HMA TY-D SAC-B PG70-22 TON 20,961 110.00$ 2,305,710.00$ 148.00$ 3,102,228.00$ B2 ASPH (MULTI OPTION)GAL 66,022 2.20$ 145,248.40$ 4.00$ 264,088.00$ B3 AGGR(TY-PB GR-4S OR TY-PB GR-4)(SAC-B)CY 1,730 200.00$ 346,000.00$ 187.00$ 323,510.00$ B4 TACK COAT GAL 15,102 3.65$ 55,122.30$ 3.00$ 45,306.00$ B5 PRIME COAT (MC-30)GAL 14,211 3.70$ 52,580.70$ 5.00$ 71,055.00$ B6 PLANE ASPH CONC PAV (0 TO 2")SY 188,590 2.85$ 537,481.50$ 2.50$ 471,475.00$ B7 BACKFILL (TY A OR B)STA 67 295.00$ 19,765.00$ 550.00$ 36,850.00$ B8 TBWC (MEMBRANE)GAL 15,049 3.10$ 46,651.90$ 3.50$ 52,671.50$ B9 TBWC (ASPHALT)TON 219 168.00$ 36,792.00$ 200.00$ 43,800.00$ B10 TBWC (AGGREGATE)(TY C)TON 3,566 168.00$ 599,088.00$ 150.00$ 534,900.00$ B11 DRIVEWAY (ACP)SY 100 50.00$ 5,000.00$ 115.00$ 11,500.00$ B12 FLEXIBLE PAVEMENT STRUCTURE REPAIR (3")SY 18,411 26.00$ 478,686.00$ 47.00$ 865,317.00$ B13 REWORK BS MTL (TY C)(6")(DENS CONT)SY 20,908 2.35$ 49,133.80$ 3.00$ 62,724.00$ B14 CEMENT TREAT (EXIST MATL)(6")SY 20,908 3.65$ 76,314.20$ 3.50$ 73,178.00$ B15 CEMENT TON 202 180.00$ 36,360.00$ 200.00$ 40,400.00$ B16 INTERSECTION (ACP)SY 8,269 39.00$ 322,491.00$ 25.00$ 206,725.00$ B17 REFL PAV MRK TY I (W) 4" (SLD)(090MIL)LF 36,315 0.80$ 29,052.00$ 0.90$ 32,683.50$ B18 REFL PAV MRK TY I (W) 4" (BRK)(090MIL)LF 7,580 0.80$ 6,064.00$ 0.90$ 6,822.00$ B19 REFL PAV MRK TY I (Y) 4" (SLD)(090MIL)LF 59,940 0.80$ 47,952.00$ 0.90$ 53,946.00$ B20 REFL PAV MRK TY I (Y) 4" (BRK)(090MIL)LF 6,815 0.80$ 5,452.00$ 0.90$ 6,133.50$ B21 REFL PAV MRK TY I (W) 8" (SLD)(090MIL)LF 7,215 1.60$ 11,544.00$ 1.80$ 12,987.00$ SUBTOTAL PART A - GENERAL (Items A1 thru A13) Part B - STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Part A - General (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) PROJECT NO. 21113 STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) FY22 1402 Holly Rd.401 Corn Products Rd. BASE BID Corpus Christi, TX 78417 Corpus Christi, TX 78409 RFB 3900 HAAS-ANDERSON CONSTRUCTION, LTD BAY LTD. TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER: Vivi Mouhtarova, P.E., City of Corpus Christi - Department of Public Works BID DATE: Wednesday, November 10, 2021 Page 1 of 3 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT NO. 21113 STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) FY22 1402 Holly Rd.401 Corn Products Rd. BASE BID Corpus Christi, TX 78417 Corpus Christi, TX 78409 RFB 3900 HAAS-ANDERSON CONSTRUCTION, LTD BAY LTD. TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER: Vivi Mouhtarova, P.E., City of Corpus Christi - Department of Public Works BID DATE: Wednesday, November 10, 2021 B22 REFL PAV MRK TY I (Y) 8" (SLD)(090MIL)LF 960 1.60$ 1,536.00$ 1.80$ 1,728.00$ B23 PREFAB PAV MRK TY C (W) (ARROW)EA 51 220.00$ 11,220.00$ 240.00$ 12,240.00$ B24 PREFAB PAV MRK TY C (W) (DBL ARROW)EA 8 440.00$ 3,520.00$ 450.00$ 3,600.00$ B25 PREFAB PAV MRK TY C (W) (WORD)EA 37 275.00$ 10,175.00$ 275.00$ 10,175.00$ B26 PREFAB PAV MRK TY C (W)(18")(YLD TRI)EA 24 22.00$ 528.00$ 24.00$ 576.00$ B27 PREFAB PAV MRK TY C (W)( BIKE SYMBOL)EA 14 220.00$ 3,080.00$ 220.00$ 3,080.00$ B28 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC (W)(SPEED HUMP)(125 MIL)LF 396 17.00$ 6,732.00$ 19.00$ 7,524.00$ B29 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC (W)24"(SLD)(125 MIL)LF 4,228 17.00$ 71,876.00$ 19.00$ 80,332.00$ B30 REFL PAV MRK TY I (W) (BIKE DOT)(090MIL)LF 190 1.65$ 313.50$ 2.00$ 380.00$ B31 REFL PAV MRK TY I (W) (DOT)(090MIL)LF 30 1.10$ 33.00$ 2.00$ 60.00$ B32 REFL PAV MRKR TY-I-C EA 542 5.00$ 2,710.00$ 5.00$ 2,710.00$ B33 REFL PAV MRKR TY II-A-A EA 1,482 5.00$ 7,410.00$ 5.00$ 7,410.00$ B34 REFL PAV MRKR TY II-C-R EA 42 5.00$ 210.00$ 5.00$ 210.00$ B35 PREFAB ACCESSIBILITY PARKING SPACE MARKING EA 19 248.00$ 4,712.00$ 250.00$ 4,750.00$ B36 INSTALL SMALL RD SIGN SUP&ASM TYS80(1)SA(P)EA 41 1,048.00$ 42,968.00$ 1,000.00$ 41,000.00$ B37 REMOV SMALL RD SIGN SUP&ASM EA 4 135.00$ 540.00$ 150.00$ 600.00$ B38 PORTABLE CHANGEABLE MESSAGE SIGN DAY 480 71.00$ 34,080.00$ 100.00$ 48,000.00$ B39 PROOF ROLLING HR 76 80.00$ 6,080.00$ 80.00$ 6,080.00$ B40 ALLOWANCE FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 5,620,212.30$ 6,748,754.50$ C1 DRIVEWAY (CONC)SF 11,569 13.00$ 150,397.00$ 17.00$ 196,673.00$ C2 WASHED (CONC)SF 852 20.00$ 17,040.00$ 25.00$ 21,300.00$ C3 REMOVE CONC DRIVEWAY SF 12,421 4.20$ 52,168.20$ 6.00$ 74,526.00$ C4 REMOV WASHED (CONC)SF 852 4.20$ 3,578.40$ 11.00$ 9,372.00$ C5 VALLEY GUTTER REPLACEMENT LF 100 126.00$ 12,600.00$ 135.00$ 13,500.00$ C6 ALLOWANCE FOR UNANTICIPATED CONCRETE ACTIVITIES AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 435,783.60$ 515,371.00$ D1 INSTALL ADA COMPLIANT CONC CURB RAMPS & LANDINGS SF 16,706 32.00$ 534,592.00$ 30.00$ 501,180.00$ D2 REMOV CONC CURB RAMPS & LANDINGS SF 16,172 4.20$ 67,922.40$ 5.00$ 80,860.00$ D3 REMOVE CONC SIDEWALK SF 5,775 2.80$ 16,170.00$ 4.00$ 23,100.00$ D4 INSTALL CONC SIDEWALK SF 6,032 14.00$ 84,448.00$ 15.00$ 90,480.00$ SUBTOTAL PART B - STREET IMPROVEMENTS (Items B1 thru B40) Part C - CONCRETE ACTIVITIES (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) SUBTOTAL PART C - CONCRETE ACTIVITIES (Items C1 thru C6) Part D - ADA IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) Page 2 of 3 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT NO. 21113 STREET PREVENTATIVE MAINTENANCE PROGRAM (SPMP) FY22 1402 Holly Rd.401 Corn Products Rd. BASE BID Corpus Christi, TX 78417 Corpus Christi, TX 78409 RFB 3900 HAAS-ANDERSON CONSTRUCTION, LTD BAY LTD. TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Lois Hinojosa DESIGN ENGINEER: Vivi Mouhtarova, P.E., City of Corpus Christi - Department of Public Works BID DATE: Wednesday, November 10, 2021 D5 REMOVE CONC CURB STOP EA 11 25.00$ 275.00$ 400.00$ 4,400.00$ D6 INSTALL CONC CURB STOP EA 10 100.00$ 1,000.00$ 850.00$ 8,500.00$ D7 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 904,407.40$ 908,520.00$ E1 REMOVE CONC (CURB&GUTTER)LF 9,981 14.50$ 144,724.50$ 12.00$ 119,772.00$ E2 INSTALL CONC (CURB&GUTTER)LF 9,981 57.00$ 568,917.00$ 55.00$ 548,955.00$ E3 ADJUST MANHOLES (STORMWATER)EA 113 2,540.00$ 287,020.00$ 1,250.00$ 141,250.00$ E4 ALLOWANCE FOR UNANTICIPATED DRAINAGE IMPROVEMENTS AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 1,200,661.50$ 1,009,977.00$ F1 ADJUST WATER VALVE EA 119 1,140.00$ 135,660.00$ 1,200.00$ 142,800.00$ F2 ALLOWANCE FOR WATER IMPROVEMENTS AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 335,660.00$ 342,800.00$ G1 ADJUST MANHOLES (WASTEWATER)EA 81 3,015.00$ 244,215.00$ 1,900.00$ 153,900.00$ G2 ALLOWANCE FOR WASTEWATER IMPROVEMENTS AL 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 294,215.00$ 203,900.00$ H1 ADJUST GAS VALVE EA 48 1,140.00$ 54,720.00$ 1,200.00$ 57,600.00$ H2 ADJUST ELECTRICAL/TELECOM EA 6 2,400.00$ 14,400.00$ 1,500.00$ 9,000.00$ H3 ALLOWANCE FOR UTILITY IMPROVEMENTS AL 1 50,000.00$ 50,000.00$ 50,000.00$ 50,000.00$ 119,120.00$ 116,600.00$ SUBTOTAL PART G - WASTEWATER IMPROVEMENTS (G1 THRU G2) Part H - UTILITY IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) SUBTOTAL PART H - WASTEWATER IMPROVEMENTS (H1 THRU H3) Part F - WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) SUBTOTAL PART F - WATER IMPROVEMENTS (F1 THRU F2) Part G -WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) TOTAL BASE BID 10,040,175.80$ 11,395,000.00$ Part E - DRAINAGE IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT) SUBTOTAL PART E - DRAINAGE IMPROVEMENTS (E1 THRU E4) SUBTOTAL PART D - ADA IMPROVEMENTS (D1 THRU D7) Page 3 of 3 DATE: December 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Resolution authorizing developer participation agreement with MPM Development, LP to reimburse developer up to $867,649.76 for construction of Off-site stormwater improvements for a planned residential and commercial development, Royal Oak Future Units, located on Rand Morgan Road, south of Leopard Street (District 1). SUMMARY: MPM Development, LP is developing a new residential subdivision named Royal Oak Future and is requesting funds to construct off-site stormwater improvements associated with the development. The City has agreed to participate in the cost sharing of the improvements as part of an economic development initiative for the Northwest area of the City. The estimated total project cost of the stormwater drainage improvements is $2,443,071.65. City participation will be $675,180.81 or 30 percent of the base cost and $192,468.95 or 100% for oversizing for a total of $867,649.76. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, has requested reimbursement through a developer participation agreement for off-site storm water improvements in conjunction with a residential subdivision named Royal Oak Future Units. As part of an economic development initiative to incentivize residential homes development in that area, the City has agreed to participate in the construction costs associated with the storm water improvements required for the new subdivision. Royal Oak Future Units planned unit development was approved by City Council on February 9, 2021.The development, located on Rand Morgan Road, south of Leopard Street, plans for 218 single family homes and 9.5 acres of commercial development on 55.24 acres and is zoned RS- 4.5 PUD and CN-1. Participation Agreement with MPM Development, LP for Off-site Stormwater improvements for Royal Oak Future Units subdivision AGENDA MEMORANDUM Resolution for the City Council Meeting 1/25/22 The storm water improvements consist of 2755 linear feet of 60” high density polyethylene pipe (HDPP), manholes, box culvert, pavement patching, and removal and replacing sanitary sewer pipe, service lines, and curb and gutter. The improvements will enable stormwater runoff to drain into an underground drainage pipe to the McNorton Reach 4 Drainage Channel. The portion of the system that traverses Norton subdivision to the south of Royal Oak Future Units is oversized to take additional stormwater flow. The reimbursement for the costs associated with the stormwater improvements as requested by the developer are eligible for reimbursement per Texas Local Government Code Section 212.072. ALTERNATIVES: This project will improve the stormwater drainage for the new subdivision. An alternative to utilizing Developer Participation funds from available Bond monies to construct the required drainage improvements would be to construct the drainage system under a City initiated CIP project. This option would most likely delay the stormwater improvements construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer’s ability to build out his planned residential subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the off-site stormwater improvements is $2,434,360.47. The City’s participation amount for this project is $861,923.70 and will be funded from an approved City Bond that has funds earmarked to improve existing or construct new City streets and other related improvements. The 2012, 2016 & 2018 Bond have over $2 million in funds available to reimburse developers, through participation agreements, for the construction of storm water drainage improvements. This project will improve storm water drainage as part of the development of the planned subdivision named Royal Oak Future Units. This request is a one- time cost associated with the development of the project. Funding Detail: Fund: 3701, 3702 & 3703 Developer Participation Bond 2012, 2016, 2018 Organization/Activity: 220203701EXP/220203702EXP/220203703EXP Royal Oak Future Units Mission Element: 284 Oversite of Land Development & Public Infrastructure Process Project # (CIP Only): 22020 Royal Oak Future Units Account: 550910 RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.4.1.C City Participation in Streets and Drainage Crossings, which states, “Other public improvements may be considered for funding if they are consistent with the comprehensive plan or utility master plans and implement city initiatives including but not limited to incentivizing affordable or work force housing, walkable communities, mixed use projects in an area development plan designated for mixed use development, redevelopment of vacant buildings; streetscape enhancements along UTP streets, and rehabilitation of buildings with local, state or national historic designations.” The project is consistent with Section 212.072 of the Texas Local Government Code. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibit) Presentation Certification of Funds Location Map Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse develop up to $867,649.76 for construction of off-site stormwater improvements for a planned residential and commercial development, Royal Oak Future Units, located on Rand Morgan Road, south of Leopard Street. WHEREAS, the City is participating in the Developer’s construction of off-site stormwater improvements for a planned residential and commercial development, Royal Oak Future; and WHEREAS, the City is participating in the Developer’s construction of off-site storm water improvements to incentivize residential homes development in that area in accordance with the approved public improvement plans; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement (“Agreement”) with MPM Development, LP (“Developer”) to reimburse developer up to $867,649.76 for the City’s participation in the construction of off-site stormwater improvements for a planned residential and commercial development, Royal Oak Future Units, located on Rand Morgan Road, south of Leopard Street, Corpus Christi, Nueces County, Texas. PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Exhibit 1 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 2 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW1@gmail.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521~ FAX 361 882-1265 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 60" HDPP 2755 LF 320.00 881,600.00 2 TYPE "C" STORM MANHOLE 7 EA 16,000.00 112,000.00 3 5' X 4' R/C PRECAST BOX CULVERT 964 LF 800.00 771,200.00 4 ADJUST 6" WATER LINE IF NECESSARY 2 EA 6,500.00 13,000.00 5 REMOVE & REPLACE 8" PVC SANITARY SEWER 35 LF 100.00 3,500.00 6 PAVEMENT PATCHING 1085 SY 90.00 97,650.00 7 REMOVE & REPLACE CONCRETE WALK & CURB & GUTTER AT CROSSING OF 60"HDPP IN MCNORTON RD AND AT S. END OF BLANCO RD 1 LS 25,000.00 25,000.00 8 14" STEEL CASING PIPE IN TYPE "C" MH FOR SANITARY SEWER PIPE 16 LF 115.00 1,840.00 9 REMOVE & REPLACE C&G ALONG SIDE OF PROPOSED 5'X4' R/C BOX CULVERT WHERE NECESSARY 800 LF 40.00 32,000.00 10 REMOVE & REPLACE PORTION OF R/C HEADWALL AT CONNECTION OF 5'X4' R/C BOX CULVERT AT DITCH S. OF BLANCO RD 1 LS 25,000.00 25,000.00 11 REMOVE & REPLACE SEGMENTS OF 4" OR 6" SANITARY SEWER SERVICE LINES 5 EA 10,000.00 50,000.00 12 STORM WATER POLLUTION PREVENTION 1 LS 3,000.00 3,000.00 13 MOBILIZATION 1 LS 2,500.00 2,500.00 14 BOND 1 LS 47,732.54 47,732.54 SUBTOTAL $2,066,022.54 10% CONTINGINCIES 206,602.25 SUBTOTAL $2,272,624.79 7.5% ENGINEERING, SURVEYING, & TESTING 170,446.86 TOTAL $2,443,071.65 OFFSITE STORM SEWER PUBLIC IMPROVEMENTS TO ROYAL OAK FUTURE UNITS PRELIMINARY COST ESTIMATE 12/13/21 Page 1 of 1 Exhibit 3 Oversize Item Quantity Unit Unit Price Cost Quantity Unit Unit Price Delta Oversize Cost 1 60" HDPP 2755 LF 320.00$ 881,600.00$ 268 LF 262.00$ 58.00$ 15,544.00$ 2 TYPE "C" STORM MANHOLE 7 EA 16,000.00$ 112,000.00$ -$ 3 5' X 4' R/C PRECAST BOX CULVERT 964 LF 800.00$ 771,200.00$ 964 LF 660.00$ 140.00$ 134,960.00$ 4 ADJUST 6" WATER LINE IF NECESSARY 2 EA 6,500.00$ 13,000.00$ 1 EA 6,500.00$ 6,500.00$ 6,500.00$ 5 REMOVE & REPLACE 8" PVC SANITARY SEWER 35 LF 100.00$ 3,500.00$ 6 PAVEMENT PATCHING 1085 SY 90.00$ 97,650.00$ 7 REMOVE & REPLACE CONCRETE WALK & CURB & GUTTER AT CROSSING OF 60"HDPP IN MCNORTON RD AND AT S. END OF BLANCO RD 1 LS 25,000.00$ 25,000.00$ 8 14" STEEL CASING PIPE IN TYPE "C" MH FOR SANITARY SEWER PIPE 16 LF 115.00$ 1,840.00$ 9 REMOVE & REPLACE C&G ALONG SIDE OF PROPOSED 5'X4' R/C BOX CULVERT WHERE NECESSARY 800 LF 40.00$ 32,000.00$ 10 REMOVE & REPLACE PORTION OF R/C HEADWALL AT CONNECTION OF 5'X4' R/C BOX CULVERT AT DITCH S. OF BLANCO RD 1 LS 25,000.00$ 25,000.00$ 11 REMOVE & REPLACE SEGMENTS OF 4" OR 6" SANITARY SEWER SERVICE LINES 5 EA 10,000.00$ 50,000.00$ 1 EA 2,000.00$ 2,000.00$ 2,000.00$ 12 STORM WATER POLLUTION PREVENTION 1 LS 3,000.00$ 3,000.00$ 13 MOBILIZATION 1 LS 2,500.00$ 2,500.00$ 14 BOND 1 LS 47,732.54$ 47,732.54$ 1 EA 43,972.10$ 3,760.44$ 3,760.44$ SUBTOTAL 2,066,022.54$ 162,764.44$ 10% CONTINGINCIES 206,602.25$ 16,276.44$ SUBTOTAL 2,272,624.79$ 179,040.89$ 7.5% ENGINEERING, SURVEYING, & TESTING 170,446.86$ 13,428.07$ TOTAL 2,443,071.65$ OVERSIZE 192,468.95$ BASE COST 2,250,602.70$ At 30%675,180.81$ Total Participation 867,649.76$ Royal Oaks Future Units Participation Cost 14-Dec-21 Cost Estimate Adjusted By: Brett Flint- Development Services Engineer PE Exhibit 3 Exhibit 4 Exhibit 4 Participation Agreement City Council January 25, 2022 Agreement with MPM Development LP For Off-Site Stormwater Improvements Royal Oak Future Units 2 Aerial Overview 3 Location Map 4 Proposed Improvements 60” storm pipe N 5 Approval The request submitted by the applicant is in accordance with Texas Local Government Code 212, supports the Northwest Corridor development initiative, and the applicant paid the required application fee. Recommendation 6 Preliminary Plat N 7 Stormwater Master Plan LEOPARD ST N CLARKWOOD RDRAND MORGAN RDMCNORTON RD CAROLINE RDRHUMBA TRLBARLOW TRLSEDALIA TR SPANISH TRLOREG ON TRL OVERLAND TRLROYAL OA K DR SPANISH OAK DR ENGLISH OAK DR MARS AVE GOODNIGHT L OVING TRL M U R D O C K D R CHISOLM TRLFLAGSHIP DRCLARKWOOD RDMARSHALL RDSources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap µ Corpus Christi Bay 0 1,500750Feet LOCATION MAP Date Created: 5/10/2021Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTY SUBJECTPROPERTY SubjectProperty A e r i a l w i t h S u b j e ct P ro p e rt y Map Scale: 1:10,000 Royal Oak Future Units PUD DATE: January 14, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director of Water Utilities GabrielR@cctexas.com (361) 826-1202 Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to request an extension of the funding commitment for the receipt of State Water Implementation Fund for Texas (SWIFT) loan in the amount of $211,050,000 for one additional year, until 2023, for the design and construction of a desalination plant. This extension would provide additional time for state and federal agencies to issue permits related to a desalination plant and related facilities. SUMMARY: On July 23, 2020 the City of Corpus Christi was approved to receive funding through the State Water Implementation Fund for Texas (SWIFT) loan program in an amount not to exceed $222,475,000 from the Texas Water Development Board (TWDB) to fund the design and construction of a seawater desalination plant within the Inner Harbor to provide a future water supply. This motion authorizes the City Manager or designee to execute all documents necessary to request an extension of the funding commitment for the receipt of the State Water Implementation Fund for Texas (SWIFT) loan in the amount of $211,050,000 for one additional year, until 2023. Motion authorizing the City Manager or designee to request an extension of the funding commitment for the receipt of State Water Implementation Fund for Texas (SWIFT) loan for one additional year, until 2023, to provide additional time for state and federal agencies to issue permits related to a desalination plant and related facilities. AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 BACKGROUND AND FINDINGS: The SWIFT loan program was created by the Texas Legislature to provide affordable, ongoing state financial assistance for projects in the state water plan. The p rogram helps communities develop cost-effective water supplies by providing low-interest loans, extended repayment terms, deferral of loan repayments, and incremental repurchase terms. Through fiscal year 2019, SWIFT committed over $8.3 billion for projec ts across Texas. To apply for funding, entities must first submit an abridged loan application for their projects to be evaluated. The projects are ranked and the top projects that are within the limits of available funding are invited to submit a full application. Once the full application is evaluated and approved, TWDB offers financing through the loan program. The interest rate charged by the TWDB is based on the TWDB’s cost of funds sold with the State of Texas’ General Obligation AAA rating which is higher than the Utility’s rating and results in a lower interest cost. In addition, the SWIFT loan program provides a percentage subsidy reducing the interest rate. On February 6, 2020, the City submitted an abridged loan application to the TWDB for the design and construction of a seawater desalination plant within the Inner Harbor to provide a future water supply. The abridged loan application in the amount of $222,475,000 was the first step in the process of applying for the SWIFT loan program. On April 9, 2020, the TWDB approved the City’s abridged loan application and invited the City to submit their full loan application by May 11, 2020 which was the second step in the process. On April 21, 2020, City Council approved a resolution for the City to submit the full loan application for the SWIFT loan to the TWBD. This application was approved by the TWDB board on July 23, 2020. The City was awarded $222,475,000 to be disbursed over two years: $11 ,425,000 in 2020 to finalize requirements and develop the acquisition package, and $211,050,000 for design and construction in the 2021-2025 timeframe. On August 25, 2020, City Council authorized the financial agreement to accept the first part of the loan, $11,425,000, from the TWDB. With this first portion of the loan the City planned to execute the following items in 2021: Task Q1 Q2 Q3 Q4 Environmental Studies for Corpus Christi Bay characterization X X X Environmental Permits (TCEQ, US Army Corps of Engineers) X X X X Land Acquisition, Easements, Right of Ways, and Site Mitigation X X X X Power Purchase Agreement X X X Develop Request for Qualifications (RFQ contractor pre- qualifications) X X Issue RFQ and Evaluate Contractor Submitters X X Develop Design-Build Request for Proposal (RFP) package X X X Issue Design-Build RFP X As of early 2021, the Texas Commission on Environmental Quality (TCEQ) has experienced significant delays in the permitting process due to the ongoing pandemic and other challenges within the agency. As a result, the anticipated timeline has not been met and the approval of the permits has been significantly delayed resulting in a shift in the project timeline. In 2021, the City requested an extension of the funding deadline from 2021 to 2022 from TWDB. The extension request was approved by TWDB. Based on the current status of the permits, staff recommends that the City request another extension to the funding deadline from 2022 to 2023 from TWDB to allow for completion of state permitting process. ALTERNATIVES: Accepting the second part of the SWIFT funds in 2022. FISCAL IMPACT: There is no fiscal impact for requesting an extension to the funding commitment for one additional year. Funding Detail: Fund: Not Applicable Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends that the City request to extend the funding commitment deadline from 2022 to 2023 from TWDB to allow for completion of the permitting process for a seawater desalination plant to provide a future water supply. LIST OF SUPPORTING DOCUMENTS: TWDB Approval Letter dated July 29, 2020 and Resolution SWIFT Multi-Year Commitment Annual Loan Closing Schedule Form SWIFT Multi-Year Confirmation Letter SWIFT Multi-Year Confirmation Form Multi-Year Commitment Annual Loan Closing Schedule City of Corpus Christi Project# 51052 Seawater Desalination Annual Loan Closing Schedule Year Amount per Resolution No. 17-074 and 20-068 Proposed Revised Amount (If Applicable) Prior Years Total $14,175,000 2021 $211,050,000 2022 $0 2023 $0 2024 $0 2025 $0 2026 $0 2027 $0 2028 $0 2029 $0 2030 $0 TOTAL $225,225,000 NOTE: The overall structure and approach are intended to allow applicants to achieve savings while maintaining the integrity of the SWIFT program and includes subsidies based on level-debt service schedules for all low-interest obligations. Interest rate subsidies for non-level debt service are subject to modification. Contact Information Please provide the best point of contact for TWDB staff to discuss your anticipated closing schedule. Contact Name and Title Phone Number Email Address Esteban Ramos Water Resource Manager 361-826-3294 estebanr2@cctexas.com P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 Our Mission Leading the state’s efforts in ensuring a secure water future for Texas and its citizens . . . . . . . . . . . . . Board Members Brooke T. Paup, Chairwoman │ Kathleen Jackson, Board Member Jeff Walker, Executive Administrator January 11, 2022 Mr. Esteban Ramos Water Resource Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Re: State Water Implementation Fund for Texas (SWIFT) Project #51052: Seawater Desalination Fiscal Year 2022 Annual Confirmation of Multi-Year Commitment Request Dear Mr. Ramos: By Resolution No. 17-074, 20-068, and 21-091, the Texas Water Development Board (TWDB) made a multi-year commitment to the City of Corpus Christi in the amount of $225,225,000 through the State Water Implementation Fund for Texas (SWIFT) program. The multi-year funding option allows borrowers to close on portions of their overall commitment over the course of several years. In preparing for each new round of SWIFT funding, the TWDB conducts a financial analysis to determine the program’s capacity. As part of this process, entities with multi-year commitments are asked to provide information annually if they have outstanding commitments. Two sets of information are requested for consideration in the upcoming funding year, as follows: 1. No later than February 1, 2022, please submit a completed copy of the attached “Multi-Year Commitment Annual Loan Closing Schedule” form. For years in which there is no requested change to the closing schedule, write “No Change” in the Proposed Revised Amount column. If the City would like to close on a different amount in 2022 than was scheduled in the Resolution referenced above and as identified in the worksheet, please enter any requested changes in the Proposed Revised Amount column and adjust subsequent years’ amounts so that the total does not exceed the total remaining commitment amount. The TWDB will attempt to accommodate such requests to the extent possible, but we cannot guarantee that requested changes will be granted. Multi-Year Confirmation Letter January 11, 2022 Page 2 If more than $225,225,000 is needed, the City will need to submit an Abridged Application for the additional funds needed. The new funding request will be prioritized along with all other new funding requests received for this prioritization cycle. 2. For multi-year commitments that will close in 2022, the TWDB requires the following information no later than June 10, 2022: • Maturity schedule • Indication of whether a level or non-level debt service schedule will be requested • Proposed semi-annual debt service schedule which details principal and interest amounts for each year the debt is outstanding (based on a rate scale that will be provided by TWDB after June 1st) • Draft bond ordinance • Draft Private Placement Memorandum Please feel free to contact Mireya Loewe at (512) 475-0590 or Mireya.Loewe@twdb.texas.gov if you have questions about the information requested above. The requested information may be submitted directly to Mireya or emailed to SWIFT@twdb.texas.gov. We look forward to continuing to work with the City of Corpus Christi and appreciate your prompt response. Sincerely, Jessica Peña Deputy Executive Administrator Water Supply and Infrastructure Enclosure: Multi-Year Commitment Annual Loan Closing Schedule Form cc: Mireya Loewe, Team Manager, Regional Water Project Development Multi-Year Commitment Annual Loan Closing Schedule City of Corpus Christi Project# 51052 Seawater Desalination Annual Loan Closing Schedule Year Amount per Resolution No. 17-074, 20-068, and 21-091 Proposed Revised Amount (If Applicable) Prior Years Total $14,175,000 2022 $211,050,000 2023 $ 2024 $ 2025 $ 2026 $ 2027 $ 2028 $ 2029 $ 2030 $ TOTAL $225,225,000 NOTE: The overall structure and approach are intended to allow applicants to achieve savings while maintaining the integrity of the SWIFT program and includes subsidies based on level-debt service schedules for all low-interest obligations. Interest rate subsidies for non-level debt service are subject to modification. Contact Information Please provide the best point of contact for TWDB staff to discuss your anticipated closing schedule. Contact Name and Title Phone Number Email Address DATE: January 11, 2022 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Assistant Director of Finance-Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION: Ordinance adopting a local preference policy for the City of Corpus Christi by replacing Council Policy No. 26 and enacting a new Council Policy No. 26 to provide local preference applicable to the procurement of professional services; with local preference for non-professional services, goods / supplies to be addressed in Fiscal Year 2023. SUMMARY: This ordinance will provide a local preference policy consistent with the Council’s goal of promoting City-located businesses. The Local Preference Ordinance allows the award of additional points, when multiple evaluation criteria are used in the award of professional service contracts, where the selection process is not governed by statute. A business meeting the definition of Local Business stated below may be awarded up to 10 points for being headquartered within the city or having a local office within the city. Moreover, the program recognizes joint venture agreements and allows for apportioning of points based upon the percentage of ownership of joint ventures by Local Businesses responding to solicitations for which up to 5 discretionary points may be applied. For solicitations where selection is made based on price alone, all members of a joint venture must be Local Businesses for the preference to be applied. In FY 2023 the second phase the Local Preference Ordinance will allow the City to grant a preference to a business meeting the definition of Local Business in the award of the following types of contracts, when selection is made based on price alone: Personal Property (Goods / Supplies): The local bidder’s price must be within 5% of the price of the lowest non-local bidder for contracts of $50,000 up to $500,000 and within 3% for contracts exceeding $500,000. Non-professional Services: The local bidder’s price must be within 5% of the price Ordinance Authorizing to adopt Local Preference AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 25, 2022 Second Reading Ordinance for the City Council Meeting February 8, 2022 of the lowest non-local bidder for contracts of $50,000 to a maximum of $500,000. Construction Services: The local bidder’s price must be within 5% of the price of the lowest non-local bidder for contracts of $50,000 to under $100,000, excluding contracts awarded using alternative delivery methods. Local Businesses means a business with a principal place of business in the local area. The local area means within the City of Corpus Christi city limits. A principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one or more of the entity's workforces are regularly based, and/or from which a business conducts a substantial part of i ts operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, may not b e construed as a principal place of business. BACKGROUND AND FINDINGS: It is the policy of the City of Corpus Christi to use its spending powers to promote fiscal responsibility and maximize the amount of resident tax dollars that remain in the local economy for the benefit of its citizens by utilizing all available legal opportunities to contract with City-located businesses. The City places an affirmative duty on its departments to grant a preference to local businesses unless doing so would be contrary to the best interests of the City. If a local business qualifies but is not the staff recommendation, the local firm will be included in the agenda item as an alternative for council consideration. The policy requires firms responding to City solicitations to self -certify, via use of signed affidavit, that the requirements for the local business designation have been met. Also, when a contract is awarded based on application of the program, the price different ial to the overall low, non-local solicitation response will be included as part of any Council action item. PROCUREMENT DETAIL: Not applicable. ALTERNATIVES: The alternatives are to modify the proposed ordinance or not approve the ordinance and maintain the current purchasing policies governing procurement FISCAL IMPACT: Departmental budgets may be impacted when the local preference program is applied, due to the increased cost associated with awarding contracts to bidders that are not the lowest bidder. FUNDING DETAIL: Fund: n/a Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): n/a Account: n/a RECOMMENDATION: Staff recommends approval of ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 6 Ordinance replacing Council Policy No. 26 and enacting new Council Policy No. 26 to provide a local preference applicable to the procurement of professional services, with local preferences for non- professional services, goods, and supplies to be addressed in Fiscal Year 2023. Section 1. City Council Policy No. 26, published in the City’s Code of Ordinances, is repealed in its entirety and replaced by enacting new City Council Policy No. 26 to provide a local preference applicable to the procurement of professional services, with local preferences for the procurement of non-professional services, goods, and supplies to be addressed in fiscal year 2023, to read as follows: “26. - Hire Corpus Christi First. (a) In order to maximize the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens by using all available legal opportunities to contract with local businesses, city department directors and purchasing officials have a duty to grant a preference to local businesses unless doing so would violate the law or be contrary to the best interests of the City. Nothing in this section prohibits the city from rejecting any or all bids. (b) Definitions. Bid means any procurement method governed by Texas state law. Local area means within the Corpus Christi city limits. Local business means a business with a principal place of business in the local area. Principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one (1) or more of the entity's workforce are regularly based, and/or from which a business conducts a substantial part of its operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, may not be construed as a principal place of business. (c) Purchases of real property or personal property that is not affixed to real property. (i) In purchasing any real property or personal property that is not affixed to real property, if the City receives one (1) or more bids from a bidder whose principal place of business is in the local area and whose bid is within three (3) percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City shall enter into a contract with the Page 2 of 6 lowest bidder whose principal place of business is in the local area, as the city council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (d) Purchases of real property, personal property that is not affixed to real property, or services of less than five hundred thousand dollars ($500,000.00) except for construction services or professional services subject to Chapter 2254 of the Texas Government Code. (i) In purchasing any real property, personal property that is not affixed to real property, or services other than construction services or professional services that are subject to Chapter 2254 of the Texas Government Code, as amended, if the City receives one (1) or more competitive sealed bids from a bidder whose principal place of business is in the local area and whose bid is within five (5) percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City shall enter into a contract for purchases in an amount of less than five hundred thousand dollars ($500,000.00) with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (iv) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. (e) Requests for city council determination. (i) A department director or purchasing official may request that city council consider and determine whether to grant a preference to a local business under this section for any reason. Page 3 of 6 (ii) A department director or purchasing official has a duty to request that city council consider and determine whether to grant a preference to a local business if the department director or purchasing official finds that to grant a local preference under this section could be contrary to the intent of this policy. “26. – Local Preference. 26-1. Declaration of policy. (a) It is the policy of the City of Corpus Christi to maximize the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens by using all available legal opportunities to contract with local businesses. (b) It is the policy of the City to place an affirmative duty on city departments to grant a preference to local businesses unless prohibited by granting agencies, Federal law, State law, Local Ordinance, City resolution or if doing so would be contrary to the best interests of the city. (c) It is the policy of the City to achieve the policy mentioned in section (a) above by utilizing all permissible tools. (d) Nothing herein shall prohibit the City from rejecting any or all bids, as permitted by law. (e) Except as provided by this Council Policy No. 26, Local Preference, the City’s policies and procedures governing procurement shall otherwise remain unchanged. 26-2. Definitions. The words and phrases defined in this section and used in this policy have the following meanings: Bid means any procurement method governed by Texas state law. City means the City of Corpus Christi Joint Venture means a collaboration of for-profit business entities, in response to a solicitation, which is manifested by a written proposal or agreement between two or more independently owned and controlled business firms to form a new entity solely for the purpose of undertaking distinct roles and responsibilities in the completion of a given contract. Local area means within the Corpus Christi city limits. Local business means a business with a principal place of business in the local area. Managing department means the department within the City that will oversee the executed agreement or contract. Principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one or more of the entity's workforces are regularly based, and/or from which Page 4 of 6 a business conducts a substantial part of its operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work fun ction, may not be construed as a principal place of business. 26-3. Reserved. (Purchase of personal property.) 26-4. Reserved. (Purchase of non-professional services.) 26-5. Purchase of professional services. (a) Purchases of professional services contracts. In procuring professional services the managing department may, when appropriate, award up to 10 points to a respondent based upon knowledge of, and experience regarding, local conditions as part of the qualifications’ determination. (b) In procuring professional services not governed by statute, revenue, and concession contracts, the managing department may, when appropriate, award 10 points to a respondent that is a local business headquartered in the local area or 5 points to a respondent that is a local business not headquartered in the local area. (c) For respondents submitting responses as a joint venture to solicitations for professional services not governed by statute the following is applicable: (1) For joint ventures, ownership and location of each of the individual entities in a joint venture may be considered in the award of points. To be considered for points, at least one of the entities must be a local business; and (2) allocation of points for joint ventures may be determined b y the percentage of ownership by a local business or businesses. If the local business entity/entities is/are headquartered within the local area for one year or more, the managing department may, when appropriate, allocate a percentage of the 5 points based upon the percentage of local business ownership in the joint venture. If the local business entity/entities is/are not headquartered within the local area for one year or more, the managing department may, when appropriate, allocate a percentage of five points based on the percentage of local business ownership in the joint venture. (d) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. 26-6. Exceptions. (a) This policy does not apply to any contract in which the state or federal government participates in the form of a grant or loan, the city acts as a conduit for state or federal money, or in which the granting of a preference may not be permissible under state or federal law. Page 5 of 6 (b) This policy does not apply to contracts in which the managing department has determined that it would unduly interfere with department needs. In such cases, the department director shall make this exception known in writing to the procurement official handling the solicitation. (c) This policy does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153 (d) This policy does not apply to contracts where the city council has determined that it would not be in the best interest for the city. 26-7. Requests for city council determination. (a) A department director or procurement official may request that city council consider and determine whether to grant a preference to a local business under this policy for any reason. (b) A department director or procurement official has a duty to request that city council consider and determine whether to grant a preference to a local business if the department director or procurement official finds that to grant a local preference under this policy could be contrary to the intent of this policy.” The foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ________________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ The foregoing ordinance was read for the second time and passed finally on this the _____ day of _______________ 2022, by the following vote: Paulette M. Guajardo________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ Page 6 of 6 PASSED AND APPROVED on this the ______ day of _________________, 202 2. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 14, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Heatherh3@cctexas.com 361-826-3227 CAPTION: Ordinance authorizing license agreements to allow the parking of dockless vehicles in the City’s right-of-way with a term ending January 1, 2023 and two automatic one-year renewals upon payment of fees, which license agreements will replace the license agreements approved by Ordinance No. 031652. SUMMARY: This ordinance will amend the current right of way license agreement for Dockless Vehicles and incorporate a new right-of -way license agreements with Blue Duck Express, Inc. and Neutron Holdings, Inc. (LIME). Such licenses are to remain in place for up to one year and appropriate the fee into the Dockless Vehicle Fund. BACKGROUND AND FINDINGS: Since January 2019, Dockless Vehicles have provided riders greater access to our Downtown Corpus Christi (ie. from the Seawall to Downtown businesses) area, improving access to the SEA District, Marina Arts District and Hospital District for both leisure activities and to and from work. City Staff has now gathered almost two years’ worth of scooter data to better understand how scooters are used in the City. Using the results of the data and peer city program comparisons, staff is proposing program modifications to make the program work better for Corpus Christi. Staff is proposing changes to the fee structure, creating a cap on the maximum number of scooters allowed in the city limits, creating a cap on the maximum number of scooters allowed to be parked on the Seawall, adding designated parking requirements to the license agreement for Dockless Vehicles, and creating maximum speed limits on the Seawall and on the “Beachwalk” at North Beach. The changes to the fee structure will put the City’s structure more in line with other major cities in Texas. The recommended change will be from the current fee of $1 per scooter per day to a permit fee of $60 annually per scooter and a per trip fee of $0.30 per ride. The recommended scooter cap is 1,200 citywide. Additionally, scooter corrals for parking up to 300 scooters will be placed on the downtown seawall located on Shoreline Boulevard between the Barge Dock and Cole Park. Scooter corrals will be implemented along Shoreline from Barge Amending the Right of Way License Agreement for Dockless Vehicles AGENDA MEMORANDUM First Reading for the City Council Meeting of January 25, 2022 Second Reading for the City Council Meeting of February 8, 2022 Dock to Cole Park to alleviate the congestion of parked scooters on the sidewalk, which in some cases block pedestrian right of way and create a potential safety issue. It is important to note that there will no cap on the number of scooters that can be used on the Seawall. Additionally, dockless vehicles may not operate on the Seawall and on the “Beachwalk”, the pedestrian sidewalk that runs along the beach on North Beach, at a speed in excess of 10 miles per hour. ALTERNATIVES: City Council could choose not to approve changes and continue to operate under the current ordinance. FISCAL IMPACT: The fiscal impact will be changing from the current agreement of $1 per scooter per day to a permit fee per scooter of $60 annually and a per trip fee of $0.30 cents which will generate approximately $225,000 in revenue. Funding Detail: Fund: 1047 – Dockless Vehicle Organization/Activity: 10496 – Dockless Vehicle Admin & Enfrc Mission Element: Project # (CIP Only): N/A Account: 530000 – Professional Services RECOMMENDATION: Staff recommends approval of the amendments to the licensing agreements for Dockless Vehicles. LIST OF SUPPORTING DOCUMENTS: Ordinance – Dockless Vehicle Temporary License Exhibit A - License Agreement – Dockless Vehicles Exhibit B - License Agreement – Dockless Vehicles (after procurement) Updated License Agreement - Redline PowerPoint – Dockless Scooter Presentation Ordinance authorizing license agreements to allow the parking of dockless vehicles in the City’s right-of-way with a term ending January 1, 2023 and two automatic one-year renewals upon payment of fees, which license agreements will replace the license agreements approved by Ordinance No. 031652. Whereas, two companies currently provide dockless scooter services in the City limits under a previous license agreement approved in January of 2019 ; Whereas, the costs of managing the dockless vehicle program have decreased; Whereas, the City wishes to adjust the fees for parking vehicles in the public right-of-way and limit the number of vehicles and the locations in which they may be parked ; Whereas, City staff is moving forward with a procurement process to locate the best providers of this service and further limit the total number of dockless vehicles that may be parked in the City; Whereas, City staff wishes to implement the recommended changes to the program immediately and then use the same license agreement template for future agreements that are awarded following the procurement process; and Whereas, the City Council believes that it is in the best interests of the residents of the City to approve new agreements with the current vendors that implement the new fee structure and limitations until such time as the procurement process is completed . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute licenses with the current vendors, Blue Duck Express, Inc. and Neutron Holdings, Inc., dba Lime, for use of City owned right-of-way to park dockless vehicles that are available to rent within the City in the form attached hereto as Exhibit A, which licenses are terminable upon 14 days’ notice that the vendor was not one of the vendors selected following the procurement process. SECTION 2. Following the completion of the procurement process, the City Manager or designee is authorized to execute licenses with the vendors selected under the procurement process for use of City owned right-of-way to park dockless vehicles that are available to rent within the City in the form attached hereto as Exhibit B, which licenses are identical to Exhibit A except that they do not include the termination following the procurement process. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 202 2, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2022. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 1 LICENSE AGREEMENT – DOCKLESS VEHICLES STATE OF TEXAS § § COUNTY OF NUECES § This Agreement (“Agreement”) is entered into by and between the City of Corpus Christi (“City”), a Texas home-rule municipal corporation, and ___________, whose business address is __________________________ (“Licensee”). WHEREAS, the City is the owner of public infrastructure and right-of-way throughout its boundaries, including, but not limited to, streets and sidewalks; and WHEREAS, Licensee wishes to operate a business within the City to rent dockless vehicles; and WHEREAS, Licensee has requested that the City allow the use and occupancy of the City’s right-of-way for parking of Licensee’s dockless vehicles. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City’s City Charter, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this Agreement, a License for the right to park dockless vehicles in the City’s right-of-way in accordance with the terms of this License. The License granted by this Agreement is issued to the Licensee only. This Agreement may not be assigned by Licensee without the City Manager’s prior written consent. The City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. The License granted by this Agreement is subject to the Licensee’s compliance at all times with the following conditions: 1. Licensee agrees to pay all fees associated with the License. Failure to pay fees may result in revocation of the License on seven-days’ written notice to Licensee. The required licensing fees are as follows: a. A fee in the amount of $60 annually per dockless vehicle available for rent in the City. The first payment of this fee is due upon execution of this Agreement. Future annual fees are due by January 1st of each year. b. A fee in the amount of $0.30 per ride for each time a dockless vehicle is activated to be ridden within the City limits, which is due by the 10th day of each calendar month for the rides taken in the preceding month. 2 Licensee shall provide, along with this fee, a report detailing the number of rides within the City during the preceding month, number of vehicles deployed each day, average number of rides per scooter, average ride length (in minutes) and heat maps showing the start and end location for each ride during the month. c. A Relocation Fee of $20 will be charged any time a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours or that does not have a printed permit attached to the dockless vehicle after the City provided notification to the Licensee of the dockless vehicle’s location. The City will notify the Licensee as soon as practicable that the dockless vehicle was moved and will invoice any fees monthly. 2. If Licensee’s dockless vehicles are parked in the City’s right-of-way, Licensee shall deploy, and only allow riders to park, dockless vehicles (1) upright on sidewalks as defined by Section 53-260 of the Code of Ordinances or (2) laying flat in the grassy parkway along the curb. Licensee is encouraged to deploy, and shall encourage riders to park, the dockless vehicles on sewer caps or other concrete areas that will not impact pedestrian access to the sidewalk. In areas where a dockless vehicle corral is available within 1,000 feet, Licensee will deploy all vehicles as authorized within the boundaries of the corral and require that all riders park such dockless vehicles in the corral, which requirement will be enforced with available technology. No dockless vehicles may be deployed or parked on any City street, including in marked parking spaces on City streets. The Licensee shall ensure that its dockless vehicles are deployed and parked in such a manner as to: a. maintain at least 36 inches of space on the sidewalk to allow for pedestrian traffic and accommodate ADA requirements; and b. not block any of the following: i. Disabled parking zones ii. Wheelchair or curb Ramps iii. Bicycle lanes iv. Commercial loading zones v. Railroad tracks or crossings vi. Passenger loading zones or valet parking services areas vii. Buildings entryways viii. Vehicular driveways ix. Fire hydrants or fire lanes c. Dockless vehicles can be placed in the following areas, but cannot block access to any of the following: 3 i. Transit stops, shelters or platforms ii. Bus benches iii. Street furniture that requires pedestrian access (ie. Benches) d. Licensee may deploy no more than _____dockless vehicles in City limits. The City will provide permit stickers for each dockless vehicle once they are designed and printed. Licensee must, within seven days after receiving permit stickers, ensure that a permit sticker is affixed to each dockless vehicle deployed within the City limits. If Licensee wishes to add additional dockless vehicles to its fleet in the City limits, Licensee may request authorization from the City Manager or designee (“City Manager”) for those additional dockless vehicles. If Licensee is permitted to deploy additional dockless vehicles, then Licensee will pay to the City a fee of $50 per additional dockless vehicle, which must be paid before any additional dockless vehicles are deployed. The City will provide additional permit stickers for any approved dockless vehicles, which must be affixed on the dockless vehicles before they are deployed. The additional dockless vehicles will be added into the calculation of the next annual fee due on January 1st of each year. e. Licensee may deploy no more than ___ dockless vehicles on the Downtown Seawall located along Shoreline Blvd. between the Barge Dock and Cole Park (the “Seawall”). The City Manager may, by providing 48 hrs. notice to Licensee, adjust the number of dockless vehicles that Licensee is authorized to deploy on the Seawall. Each day, by 7:00 a.m., Licensee will confirm that no more than the authorized number of its dockless vehicles are parked on the Seawall. Licensee will ensure that all dockless vehicles deployed on the Seawall are deployed as authorized in dockless vehicle corrals once such corrals are available. Licensee may deploy additional dockless vehicles in appropriate places in Water’s Edge Park with approval of the City. 3. Licensee will ensure that the following restrictions on the operation of dockless vehicles are included in the information provided to customers and enforced by Licensee when violations are discovered. a. Dockless vehicles may not be operated with more than one passenger. b. Dockless vehicles may only be operated by a person who possesses a valid driver’s license. c. Dockless vehicles may not operate on the Seawall and on the “Beachwalk”, the pedestrian sidewalk that runs along the beach on North Beach, at a speed in excess of 10 miles per hour. Licensee will use available technology to enforce this requirement. 4 d. The City Manager may provide a list of individual locations on which the dockless vehicles may be limited or may not be allowed to operate for safety reasons, which list may be updated periodically. Licensee will use available technology to enforce the limitations provided on that list. 4. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City as follows: a. Termination for breach by Licensee: upon not less than 30 days’ notice, in writing, by the City Manager this Agreement will terminate unless the Licensee is able to cure the defect within such 30-day period. b. Termination for convenience: upon 60 days’ notice, in writing, by the City Manager, this Agreement may be terminated for any reason. c. This Agreement will also automatically terminate upon 14 days’ written notice from the City Manager that the License is being revoked following the award of licenses at the conclusion of the City’s procurement process that is expected to be completed in Spring of 2022. d. In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Licensee. 5. Subject to termination under paragraph 4 above, the term of this License begins on the date signed by the last party and expires on January 1, 2023. This Agreement shall automatically renew for two successive terms expiring on January 1 of each successive year, unless either party has given 30 days’ notice, in writing, of its desire to terminate this Agreement. This Agreement automatically terminates if Licensee discontinues or abandons the use of the City’s right-of-way for a period of more than seven consecutive days or on the effective date of any City ordinance banning the use or rental of dockless vehicles of the sort rented by Licensee in the City’s right-of-way. This Agreement will automatically expire on the effective date of any City ordinance that requires a permit for the rental of dockless vehicles within the City. This License is made expressly subject and subordinate to the right of the City to use the City’s right-of-way for any public purpose. 6. Upon expiration or earlier termination of this License, Licensee shall at its sole cost and expense make or cause to be made the removal of the dockless vehicles from the City’s right-of-way. Licensee shall reimburse City for the cost of City’s removal of the dockless vehicles if Licensee does not remove them within 48 hours following the expiration or earlier termination of this License. 5 7. The Licensee agrees to comply with all City ordinances, State of Texas and federal laws. 8. The City may, upon at least 48 hours’ notice, require Licensee to prohibit its riders from riding or parking its dockless vehicles in specified locations during special events, such as the Buc Days festival. Licensee shall use geo-fencing technology and/or other appropriate methods to enforce the prohibition when requested. 9. If Licensee receives a report or complaint from any person regarding a dockless vehicle parked in a manner that does not comply with this License, Licensee will investigate and correct any unauthorized parking within two hours. Repeated failure to timely respond to reports or complaints may result in revocation of this License on seven-days’ written notice to Licensee. If a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours, the Licensee will pay the Relocation Fee provided in paragraph 1 above. 10. The Licensee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the dockless vehicle activities authorized by this License. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit A, the substantive content of Exhibit A being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager’s written request, Licensee shall provide copies of all requested insurance policies to the City’s City Attorney. 11. Licensee agrees that its dockless vehicles will be maintained in good, working order, and inspected regularly in accordance with the following: a. Licensee shall be capable of quickly identifying and addressing safety and maintenance issues with any of its dockless vehicles, including a user-friendly and convenient, as determined by the City Manager, mechanism for notification to the company that there is a safety or maintenance concern with the unit. b. Licensee shall be capable of remotely disabling the use of a dockless vehicle immediately should it be reported or found to have a safety, maintenance or other hazardous condition. c. Licensee shall remove any dockless vehicle that is not safe to operate within two hours of receipt of notice and shall not redeploy the dockless vehicle until repaired. 6 d. Licensee shall keep a record of known collisions and send these reports to the City on a monthly basis, due on the 5th of each month. e. Licensee shall keep a record of maintenance activities including but not limited to identification number of the dockless vehicle and maintenance performed. 12. On or before the effective date of this License, Licensee will provide the following information to the City, and will update such information within seven days following any changes: a. Name, phone number and email address of local fleet manager; b. Phone number and email address for public to report improperly parked dockless vehicles and other violations. The phone number must be posted on each dockless vehicle; and c. Address of fixed facilities in the City used in the operation, if any, and the address of the applicant’s headquarters, if different from the address of the fixed facilities. 13. On or before the 5th day of each month, beginning on the first month after the effective date of this License, Licensee will provide the following information to the City: a. Access to an online, interactive dashboard offering data about its fleet and trip activity within the City. Information available to the City through this dashboard shall include, but is not limited to: i. Total number of rides, with the ability to sort and aggregate on a daily, monthly, quarterly, and annual basis. ii. Total number of dockless vehicles deployed with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. iii. Anonymized aggregated data in the form of heat maps showing routes, origins and destinations with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. iv. The ability to export the above raw data into a comma separated value (csv) format. 7 b. Licensee shall provide the City with access to an Application Programming Interface (API) offering data about its fleet and trip activity within the City, meeting the requirements of the Mobility Data Specification (MDS) format. c. The MDS API will provide standardized data that contains information with respect to individual rides, including without limitation: Start-time, end-time, start location, end location, route information, dockless vehicle ID, total trip distance. d. Licensee responsible for providing the City with the API key, documentation, and any other required information to fully utilize the MDS API. e. Licensee shall maintain a record of maintenance activities. These records shall be made available to the City upon request. f. Licensee warrants that the data provided pursuant to this License will be accurate. Licensee will not knowingly provide any false information. If the City determines that any of the data provided by Licensee is false or misleading, the City may immediately revoke this License. If the License is revoked in accordance with this subparagraph f, Licensee must remove all dockless vehicles from the City’s right-of-way within 48 hours of notice from the City. g. Licensee shall not provide personally identifiable information to the City. Any information related to rides or ridership must be anonymized prior to reporting to the City. 14. Licensee shall educate customers, employees, and contractors regarding the laws applicable to riding, operating, and parking a dockless vehicle as well as the terms of this License related to the proper parking of dockless vehicles. 15. Licensee shall comply with Payment Card Industry Data Security Standards (PCI DSS). 16. Licensee shall take appropriate actions to safeguard any data received from customers and shall be solely responsible for any data breach. Licensee warrants that it follows accepted industry standards related to privacy and safe storage of customer data. Licensee shall promptly notify the City of any data breach. Licensee shall not provide personally identifiable information to the City. 17. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL 8 LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”), ASSERTED AGAINST INDEMNITEES, 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 THE USE OF THE RIGHT- OF-WAY PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS ARE BASED ON OR RESULT FROM INDEMNITEES’ NEGLIGENCE OR UNLAWFUL OR WRONGFUL ACTS OR OMISSIONS. LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS, WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER REASONABLE COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS, WHICH ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR AGREED TO BY LICENSEE IN SETTLEMENT. 18. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. 19. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: __________________ Attn: ________________ __________________ __________________ If to the City: City of Corpus Christi Attn: Finance Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. Notice of dockless vehicles parked in an unauthorized manner can be made by e-mail or by phone. For purposes of the requirement to move the dockless vehicle under paragraph 7, notice is effective immediately upon sending the e-mail or making the phone call. 9 Phone: ____________ E-mail address: _________________ 20. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. All actions arising from, out of, or related to this License must be filed, tried, and resolved in and cannot be removed from Nueces County, Texas. 21. The Licensee further agrees, in compliance with Section 2-349 of the Corpus Christi Code of Ordinances, to complete, as part of this Agreement, the “Disclosure of Interests” form attached to this Agreement as Exhibit B. Completed versions of Exhibit B by the Licensee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. 22. Licensee agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 23. This instrument, including exhibits, constitutes the entire agreement between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. 24. To the maximum extent permitted by law, neither party will be liable to the other party for any (1) indirect, special or consequential damages or (2) punitive or exemplary damages suffered by such party or any of its equity holders, managers, directors, officers, employees, agents or affiliates. 10 EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LICENSEE Name Date Title Company ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ________________ § This instrument was acknowledged before me on , 20__, by _____________, as ______ of _____________, on behalf of said company. Notary Public’s Signature 11 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20__. ATTEST: CITY OF CORPUS CHRISTI By: Rebecca Huerta, Peter Zanoni City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20__, by Peter Zanoni, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: ____________________________ Assistant City Attorney (Date) For City Attorney EXHIBIT A INSURANCE REQUIREMENTS I. VENDOR’S LIABILITY INSURANCE A. Vendor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Vendor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Vendor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Vendor 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 Vendor is not domiciled in the State of Texas. B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor'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. Vendor 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. Vendor 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, Vendor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor'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 Vendor'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 Vendor to stop work hereunder, and/or withhold any payment(s) which become due to Vendor hereunder until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements City Manager’s Office ROW - Driverless Dockless Vehicles - Scooters Right of Way License 11/16/2018 sw Risk Management EXHIBIT B CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: _________________________________________________________________ STREET ADDRESS: _____________________________________ P.O. BOX: ________________ CITY: _____________________________________ STATE: ____________ ZIP: _______________ FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other ______________________________ 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.” 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 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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 1 LICENSE AGREEMENT – DOCKLESS VEHICLES STATE OF TEXAS § § COUNTY OF NUECES § This Agreement (“Agreement”) is entered into by and between the City of Corpus Christi (“City”), a Texas home-rule municipal corporation, and ___________, whose business address is __________________________ (“Licensee”). WHEREAS, the City is the owner of public infrastructure and right-of-way throughout its boundaries, including, but not limited to, streets and sidewalks; and WHEREAS, Licensee wishes to operate a business within the City to rent dockless vehicles; and WHEREAS, Licensee has requested that the City allow the use and occupancy of the City’s right-of-way for parking of Licensee’s dockless vehicles. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City’s City Charter, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this Agreement, a License for the right to park dockless vehicles in the City’s right-of-way in accordance with the terms of this License. The License granted by this Agreement is issued to the Licensee only. This Agreement may not be assigned by Licensee without the City Manager’s prior written consent. The City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. The License granted by this Agreement is subject to the Licensee’s compliance at all times with the following conditions: 1. Licensee agrees to pay all fees associated with the License. Failure to pay fees may result in revocation of the License on seven-days’ written notice to Licensee. The required licensing fees are as follows: a. A fee in the amount of $60 annually per dockless vehicle available for rent in the City. The first payment of this fee is due upon execution of this Agreement. Future annual fees are due by January 1st of each year. b. A fee in the amount of $0.30 per ride for each time a dockless vehicle is activated to be ridden within the City limits, which is due by the 10th day of each calendar month for the rides taken in the preceding month. 2 Licensee shall provide, along with this fee, a report detailing the number of rides within the City during the preceding month, number of vehicles deployed each day, average number of rides per scooter, average ride length (in minutes) and heat maps showing the start and end location for each ride during the month. c. A Relocation Fee of $20 will be charged any time a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours or that does not have a printed permit attached to the dockless vehicle after the City provided notification to the Licensee of the dockless vehicle’s location. The City will notify the Licensee as soon as practicable that the dockless vehicle was moved and will invoice any fees monthly. 2. If Licensee’s dockless vehicles are parked in the City’s right-of-way, Licensee shall deploy, and only allow riders to park, dockless vehicles (1) upright on sidewalks as defined by Section 53-260 of the Code of Ordinances or (2) laying flat in the grassy parkway along the curb. Licensee is encouraged to deploy, and shall encourage riders to park, the dockless vehicles on sewer caps or other concrete areas that will not impact pedestrian access to the sidewalk. In areas where a dockless vehicle corral is available within 1,000 feet, Licensee will deploy all vehicles as authorized within the boundaries of the corral and require that all riders park such dockless vehicles in the corral, which requirement will be enforced with available technology. No dockless vehicles may be deployed or parked on any City street, including in marked parking spaces on City streets. The Licensee shall ensure that its dockless vehicles are deployed and parked in such a manner as to: a. maintain at least 36 inches of space on the sidewalk to allow for pedestrian traffic and accommodate ADA requirements; and b. not block any of the following: i. Disabled parking zones ii. Wheelchair or curb Ramps iii. Bicycle lanes iv. Commercial loading zones v. Railroad tracks or crossings vi. Passenger loading zones or valet parking services areas vii. Buildings entryways viii. Vehicular driveways ix. Fire hydrants or fire lanes c. Dockless vehicles can be placed in the following areas, but cannot block access to any of the following: 3 i. Transit stops, shelters or platforms ii. Bus benches iii. Street furniture that requires pedestrian access (ie. Benches) d. Licensee may deploy no more than _____dockless vehicles in City limits. The City will provide permit stickers for each dockless vehicle once they are designed and printed. Licensee must, within seven days after receiving permit stickers, ensure that a permit sticker is affixed to each dockless vehicle deployed within the City limits. If Licensee wishes to add additional dockless vehicles to its fleet in the City limits, Licensee may request authorization from the City Manager or designee (“City Manager”) for those additional dockless vehicles. If Licensee is permitted to deploy additional dockless vehicles, then Licensee will pay to the City a fee of $50 per additional dockless vehicle, which must be paid before any additional dockless vehicles are deployed. The City will provide additional permit stickers for any approved dockless vehicles, which must be affixed on the dockless vehicles before they are deployed. The additional dockless vehicles will be added into the calculation of the next annual fee due on January 1st of each year. e. Licensee may deploy no more than ___ dockless vehicles on the Downtown Seawall located along Shoreline Blvd. between the Barge Dock and Cole Park (the “Seawall”). The City Manager may, by providing 48 hrs. notice to Licensee, adjust the number of dockless vehicles that Licensee is authorized to deploy on the Seawall. Each day, by 7:00 a.m., Licensee will confirm that no more than the authorized number of its dockless vehicles are parked on the Seawall. Licensee will ensure that all dockless vehicles deployed on the Seawall are deployed as authorized in dockless vehicle corrals once such corrals are available. Licensee may deploy additional dockless vehicles in appropriate places in Water’s Edge Park with approval of the City. 3. Licensee will ensure that the following restrictions on the operation of dockless vehicles are included in the information provided to customers and enforced by Licensee when violations are discovered. a. Dockless vehicles may not be operated with more than one passenger. b. Dockless vehicles may only be operated by a person who possesses a valid driver’s license. c. Dockless vehicles may not operate on the Seawall and on the “Beachwalk”, the pedestrian sidewalk that runs along the beach on North Beach, at a speed in excess of 10 miles per hour. Licensee will use available technology to enforce this requirement. 4 d. The City Manager may provide a list of individual locations on which the dockless vehicles may be limited or may not be allowed to operate for safety reasons, which list may be updated periodically. Licensee will use available technology to enforce the limitations provided on that list. 4. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City as follows: a. Termination for breach by Licensee: upon not less than 30 days’ notice, in writing, by the City Manager this Agreement will terminate unless the Licensee is able to cure the defect within such 30-day period. b. Termination for convenience: upon 60 days’ notice, in writing, by the City Manager, this Agreement may be terminated for any reason. c. In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Licensee. 5. Subject to termination under paragraph 4 above, the term of this License begins on the date signed by the last party and expires on January 1, 2023. This Agreement shall automatically renew for two successive terms expiring on January 1 of each successive year, unless either party has given 30 days’ notice, in writing, of its desire to terminate this Agreement. This Agreement automatically terminates if Licensee discontinues or abandons the use of the City’s right-of-way for a period of more than seven consecutive days or on the effective date of any City ordinance banning the use or rental of dockless vehicles of the sort rented by Licensee in the City’s right-of-way. This Agreement will automatically expire on the effective date of any City ordinance that requires a permit for the rental of dockless vehicles within the City. This License is made expressly subject and subordinate to the right of the City to use the City’s right-of-way for any public purpose. 6. Upon expiration or earlier termination of this License, Licensee shall at its sole cost and expense make or cause to be made the removal of the dockless vehicles from the City’s right-of-way. Licensee shall reimburse City for the cost of City’s removal of the dockless vehicles if Licensee does not remove them within 48 hours following the expiration or earlier termination of this License. 7. The Licensee agrees to comply with all City ordinances, State of Texas and federal laws. 8. The City may, upon at least 48 hours’ notice, require Licensee to prohibit its riders from riding or parking its dockless vehicles in specified locations during 5 special events, such as the Buc Days festival. Licensee shall use geo-fencing technology and/or other appropriate methods to enforce the prohibition when requested. 9. If Licensee receives a report or complaint from any person regarding a dockless vehicle parked in a manner that does not comply with this License, Licensee will investigate and correct any unauthorized parking within two hours. Repeated failure to timely respond to reports or complaints may result in revocation of this License on seven-days’ written notice to Licensee. If a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours, the Licensee will pay the Relocation Fee provided in paragraph 1 above. 10. The Licensee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the dockless vehicle activities authorized by this License. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit A, the substantive content of Exhibit A being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager’s written request, Licensee shall provide copies of all requested insurance policies to the City’s City Attorney. 11. Licensee agrees that its dockless vehicles will be maintained in good, working order, and inspected regularly in accordance with the following: a. Licensee shall be capable of quickly identifying and addressing safety and maintenance issues with any of its dockless vehicles, including a user-friendly and convenient, as determined by the City Manager, mechanism for notification to the company that there is a safety or maintenance concern with the unit. b. Licensee shall be capable of remotely disabling the use of a dockless vehicle immediately should it be reported or found to have a safety, maintenance or other hazardous condition. c. Licensee shall remove any dockless vehicle that is not safe to operate within two hours of receipt of notice and shall not redeploy the dockless vehicle until repaired. d. Licensee shall keep a record of known collisions and send these reports to the City on a monthly basis, due on the 5th of each month. 6 e. Licensee shall keep a record of maintenance activities including but not limited to identification number of the dockless vehicle and maintenance performed. 12. On or before the effective date of this License, Licensee will provide the following information to the City, and will update such information within seven days following any changes: a. Name, phone number and email address of local fleet manager; b. Phone number and email address for public to report improperly parked dockless vehicles and other violations. The phone number must be posted on each dockless vehicle; and c. Address of fixed facilities in the City used in the operation, if any, and the address of the applicant’s headquarters, if different from the address of the fixed facilities. 13. On or before the 5th day of each month, beginning on the first month after the effective date of this License, Licensee will provide the following information to the City: a. Access to an online, interactive dashboard offering data about its fleet and trip activity within the City. Information available to the City through this dashboard shall include, but is not limited to: i. Total number of rides, with the ability to sort and aggregate on a daily, monthly, quarterly, and annual basis. ii. Total number of dockless vehicles deployed with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. iii. Anonymized aggregated data in the form of heat maps showing routes, origins and destinations with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. iv. The ability to export the above raw data into a comma separated value (csv) format. b. Licensee shall provide the City with access to an Application Programming Interface (API) offering data about its fleet and trip activity within the City, meeting the requirements of the Mobility Data Specification (MDS) format. 7 c. The MDS API will provide standardized data that contains information with respect to individual rides, including without limitation: Start-time, end-time, start location, end location, route information, dockless vehicle ID, total trip distance. d. Licensee responsible for providing the City with the API key, documentation, and any other required information to fully utilize the MDS API. e. Licensee shall maintain a record of maintenance activities. These records shall be made available to the City upon request. f. Licensee warrants that the data provided pursuant to this License will be accurate. Licensee will not knowingly provide any false information. If the City determines that any of the data provided by Licensee is false or misleading, the City may immediately revoke this License. If the License is revoked in accordance with this subparagraph f, Licensee must remove all dockless vehicles from the City’s right-of-way within 48 hours of notice from the City. g. Licensee shall not provide personally identifiable information to the City. Any information related to rides or ridership must be anonymized prior to reporting to the City. 14. Licensee shall educate customers, employees, and contractors regarding the laws applicable to riding, operating, and parking a dockless vehicle as well as the terms of this License related to the proper parking of dockless vehicles. 15. Licensee shall comply with Payment Card Industry Data Security Standards (PCI DSS). 16. Licensee shall take appropriate actions to safeguard any data received from customers and shall be solely responsible for any data breach. Licensee warrants that it follows accepted industry standards related to privacy and safe storage of customer data. Licensee shall promptly notify the City of any data breach. Licensee shall not provide personally identifiable information to the City. 17. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”), 8 ASSERTED AGAINST INDEMNITEES, 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 THE USE OF THE RIGHT- OF-WAY PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH CLAIMS ARE BASED ON OR RESULT FROM INDEMNITEES’ NEGLIGENCE OR UNLAWFUL OR WRONGFUL ACTS OR OMISSIONS. LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS, WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER REASONABLE COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS, WHICH ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR AGREED TO BY LICENSEE IN SETTLEMENT. 18. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. 19. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: __________________ Attn: ________________ __________________ __________________ If to the City: City of Corpus Christi Attn: Finance Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. Notice of dockless vehicles parked in an unauthorized manner can be made by e-mail or by phone. For purposes of the requirement to move the dockless vehicle under paragraph 7, notice is effective immediately upon sending the e-mail or making the phone call. Phone: ____________ E-mail address: _________________ 9 20. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. All actions arising from, out of, or related to this License must be filed, tried, and resolved in and cannot be removed from Nueces County, Texas. 21. The Licensee further agrees, in compliance with Section 2-349 of the Corpus Christi Code of Ordinances, to complete, as part of this Agreement, the “Disclosure of Interests” form attached to this Agreement as Exhibit B. Completed versions of Exhibit B by the Licensee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. 22. Licensee agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 23. This instrument, including exhibits, constitutes the entire agreement between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. 24. To the maximum extent permitted by law, neither party will be liable to the other party for any (1) indirect, special or consequential damages or (2) punitive or exemplary damages suffered by such party or any of its equity holders, managers, directors, officers, employees, agents or affiliates. 10 EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LICENSEE Name Date Title Company ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ________________ § This instrument was acknowledged before me on , 20__, by _____________, as ______ of _____________, on behalf of said company. Notary Public’s Signature 11 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20__. ATTEST: CITY OF CORPUS CHRISTI By: Rebecca Huerta, Peter Zanoni City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20__, by Peter Zanoni, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: ____________________________ Assistant City Attorney (Date) For City Attorney EXHIBIT A INSURANCE REQUIREMENTS I. VENDOR’S LIABILITY INSURANCE A. Vendor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Vendor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Vendor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Vendor 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 Vendor is not domiciled in the State of Texas. B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor'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. Vendor 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. Vendor 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, Vendor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor'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 Vendor'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 Vendor to stop work hereunder, and/or withhold any payment(s) which become due to Vendor hereunder until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements City Manager’s Office ROW - Driverless Dockless Vehicles - Scooters Right of Way License 11/16/2018 sw Risk Management EXHIBIT B CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: _________________________________________________________________ STREET ADDRESS: _____________________________________ P.O. BOX: ________________ CITY: _____________________________________ STATE: ____________ ZIP: _______________ FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other ______________________________ 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) 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 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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 1 LICENSE AGREEMENT – DOCKLESS VEHICLES STATE OF TEXAS § § COUNTY OF NUECES § This Agreement (“Agreement”) is entered into by and between the City of Corpus Christi (“City”), a Texas home-rule municipal corporation, and ___________, whose business address is __________________________ (“Licensee”). WHEREAS, the City is the owner of public infrastructure and right-of-way throughout its boundaries, including, but not limited to, streets and sidewalks; and WHEREAS, Licensee wishes to operate a business within the City to rent dockless vehicles; and WHEREAS, Licensee has requested that the City allow the use and occupancy of the City’s right-of-way for parking of Licensee’s dockless vehicles. NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City’s City Charter, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this Agreement, a License for the right to park dockless vehicles in the City’s right-of-way in accordance with the terms of this License. The License granted by this Agreement is issued to the Licensee only. This Agreement may not be assigned by Licensee without the City Manager’s prior written consent. The City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. The License granted by this Agreement is subject to the Licensee’s compliance at all times with the following conditions: 1. Licensee agrees to pay all fees associated with the License. Failure to pay fees may result in revocation of the License on seven-days’ written notice to Licensee. The required licensing fees are as folllowsfollows: a. A fee in the amount of $160 annually per day perdockless vehicle available for rent in the City. The first payment of this fee is due upon execution of this Agreement. Future annual fees are due by January 1st of each year. a.b. A fee in the amount of $0.30 per ride for each time a dockless vehicle is activated to be ridden within the City limits, which is due onby 2 the 10th day of each calendar month for the rides taken in the preceding month. Licensee shall provide, along with this fee, a report detailing the number of vehicles deployedrides within the City on each day ofduring the preceding month. This fee will be used exclusively for reimbursement to City departments for the costs of administering the license program, number of vehicles deployed each day, average number of rides per scooter, average ride length (in minutes) and for sidewalk improvementsheat maps showing the start and other pedestrian safety improvementsend location for each ride during the month. b.c. A Relocation Fee of $20 will be charged any time a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours or that does not have a printed permit attached to the dockless vehicle after the City provided notification to the Licensee of the dockless vehicle’s location. The City will notify the Licensee as soon as practicable that the dockless vehicle was moved and will invoice any fees monthly. 2. If Licensee’s dockless vehicles are parked in the City’s right-of-way, Licensee shall deploy, and only allow riders to park, dockless vehicles (1) upright on sidewalks as defined by Section 53-260 of the Code of Ordinances or (2) laying flat in the grassy parkway along the curb. Licensee is encouraged to deploy, and shall encourage riders to park, the dockless vehicles on sewer caps or other concrete areas that will not impact pedestrian access to the sidewalk. NoIn areas where a dockless vehicle corral is available within 1,000 feet, Licensee will deploy all vehicles as authorized within the boundaries of the corral and require that all riders park such dockless vehicles in the corral, which requirement will be enforced with available technology. No dockless vehicles may be deployed or parked on any City street, including in marked parking spaces on City streets. The Licensee shall ensure that its dockless vehicles are deployed and parked in such a manner as to: a. maintain at least 36 inches of space on the sidewalk to allow for pedestrian traffic and accommodate ADA requirements; and b. not block any of the following: i. Disabled parking zones ii. Wheelchair or curb Ramps iii. Bicycle lanes iv. Commercial loading zones v. Railroad tracks or crossings vi. Passenger loading zones or valet parking services areas vii. Buildings entryways viii. Vehicular driveways 3 ix. Fire hydrants or fire lanes c. VehiclesDockless vehicles can be placed in the following areas, but cannot block access to any of the following: i. Transit stops, shelters or platforms ii. Bus benches iii. iii. Street furniture that requires pedestrian access (ie. Benches) d. Licensee may deploy no more than _____dockless vehicles in City limits. The City will provide permit stickers for each dockless vehicle once they are designed and printed. Licensee must, within seven days after receiving permit stickers, ensure that a permit sticker is affixed to each dockless vehicle deployed within the City limits. If Licensee wishes to add additional dockless vehicles to its fleet in the City limits, Licensee may request authorization from the City Manager or designee (“City Manager”) for those additional dockless vehicles. If Licensee is permitted to deploy additional dockless vehicles, then Licensee will pay to the City a fee of $50 per additional dockless vehicle, which must be paid before any additional dockless vehicles are deployed. The City will provide additional permit stickers for any approved dockless vehicles, which must be affixed on the dockless vehicles before they are deployed. The additional dockless vehicles will be added into the calculation of the next annual fee due on January 1st of each year. e. Licensee may deploy no more than ___ dockless vehicles on the Downtown Seawall located along Shoreline Blvd. between the Barge Dock and Cole Park (the “Seawall”). The City Manager may, by providing 48 hrs. notice to Licensee, adjust the number of dockless vehicles that Licensee is authorized to deploy on the Seawall. Each day, by 7:00 a.m., Licensee will confirm that no more than the authorized number of its dockless vehicles are parked on the Seawall. Licensee will ensure that all dockless vehicles deployed on the Seawall are deployed as authorized in dockless vehicle corrals once such corrals are available. Licensee may deploy additional dockless vehicles in appropriate places in Water’s Edge Park with approval of the City. 3. Licensee will ensure that the following restrictions on the operation of dockless vehicles are included in the information provided to customers and enforced by Licensee when violations are discovered. a. Dockless vehicles may not be operated with more than one passenger. b. Dockless vehicles may only be operated by a person who possesses a valid driver’s license. 4 c. Dockless vehicles may not operate on the Seawall and on the “Beachwalk”, the pedestrian sidewalk that runs along the beach on North Beach, at a speed in excess of 10 miles per hour. Licensee will use available technology to enforce this requirement. d. The City Manager may provide a list of individual locations on which the dockless vehicles may be limited or may not be allowed to operate for safety reasons, which list may be updated periodically. Licensee will use available technology to enforce the limitations provided on that list. 4. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon a materialas follows: a. Termination for breach by Licensee by providing the Licensee with: upon not less than 30 days’ notice, in writing, by the City’s City Manager or designee (“this Agreement will terminate unless the Licensee is able to cure the defect within such 30-day period. b. Termination for convenience: upon 60 days’ notice, in writing, by the City Manager”). , this Agreement may be terminated for any reason. c. This Agreement will also automatically terminate upon 14 days’ written notice from the City Manager that the License is being revoked following the award of licenses at the conclusion of the City’s procurement process that is expected to be completed in Spring of 2022. d. In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Licensee. 3.5. Subject to termination under paragraph 34 above, the term of this License is six months beginningbegins on the date signed by the last party. and expires on January 1, 2023. This Agreement shall automatically renew for two successive six-month terms expiring on January 1 of each successive year, unless either party has given 30 days’ notice, in writing, of its desire to terminate this Agreement. This Agreement automatically terminates if Licensee discontinues or abandons the use of the City’s right-of-way for a period of more than seven consecutive days or on the effective date of any City ordinance banning the use or rental of dockless vehicles of the sort rented by Licensee in the City’s right-of-way. This Agreement will automatically expire on the effective date of any City ordinance that requires a permit for the rental of dockless vehicles within the City. This License is made expressly subject and subordinate to the right of the City to use the City’s right-of-way for any public purpose. 5 4.6. If City gives notice ofUpon expiration or earlier termination under paragraph 3 or otherwise revokesof this License, Licensee shall at its sole cost and expense make or cause to be made the removal of the dockless vehicles from the City’s right-of-way. Licensee shall reimburse City for the cost of City’s removal of the dockless vehicles if Licensee does not remove them within 48 hours following the notice periodexpiration or earlier termination of this License. 5.7. The Licensee agrees to comply with all City ordinances, State of Texas and federal laws. 6.8. The City may, upon at least seven days’ written48 hours’ notice, require Licensee to prohibit its riders from riding or parking its dockless vehicles in specified locations during special events, such as Fiesta De La Florthe Buc Days festival. Licensee shall use geo-fencing technology and/or other appropriate methods to enforce the prohibition when requested. 7.9. If Licensee receives a report or complaint from any person regarding a dockless vehicle parked in a manner that does not comply with this License, Licensee will investigate and correct any unauthorized parking within two hours. Repeated failure to timely respond to reports or complaints may result in revocation of this License on seven-days’ written notice to Licensee. If a City employee moves a dockless vehicle that has been parked in an unauthorized manner for more than two hours, the Licensee will pay the Relocation Fee provided in paragraph 1 above. 8.10. The Licensee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the dockless vehicle activities authorized by this License. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit A, the substantive content of Exhibit A being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager’s written request, Licensee shall provide copies of all requested insurance policies to the City’s City Attorney. 9.11. Licensee agrees that its dockless vehicles will be maintained in good, working order, and inspected regularly in accordance with the following: a. Licensee shall be capable of quickly identifying and addressing safety and maintenance issues with any of its dockless vehicles, including a user-friendly and convenient, as determined by the City Manager, mechanism for notification to the company that there is a safety or maintenance concern with the unit. 6 b. Licensee shall be capable of remotely disabling the use of a dockless vehicle immediately should it be reported or found to have a safety, maintenance or other hazardous condition. c. Licensee shall remove any dockless vehicle that is not safe to operate within two hours of receipt of notice and shall not redeploy the dockless vehicle until repaired. d. Licensee shall keep a record of known collisions and send these reports to the City on a monthly basis, due on the 5th of each month. e. Licensee shall keep a record of maintenance activities including but not limited to identification number of the dockless vehicle and maintenance performed. 10.12. On or before the effective date of this License, Licensee will provide the following information to the City, and will update such information within seven days following any changes: a. Name, phone number and email address of local fleet manager; b. Phone number and email address for public to report improperly parked dockless vehicles and other violations. The phone number must be posted on each dockless vehicle; and c. Address of fixed facilities in the City used in the operation, if any, and the address of the applicant’s headquarters, if different from the address of the fixed facilities. 11.13. On or before the 5th day of each month, beginning on the first month after the effective date of this License, Licensee will provide the following information to the City: a. Access to an online, interactive dashboard offering data about its fleet and trip activity within the City. Information available to the City through this dashboard shall include, but is not limited to: i. Total number of rides, with the ability to sort and aggregate on a daily, monthly, quarterly, and annual basis. ii. Total number of dockless vehicles deployed with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. 7 iii. Anonymized aggregated data in the form of heat maps showing routes, origins and destinations with the ability to sort, aggregate and filter historical data on a daily, monthly, quarterly, and annual basis. iv. The ability to export the above raw data into a comma separated value (csv) format. b. OperatorsLicensee shall provide the City with access to an Application Programming Interface (API) offering data about its fleet and trip activity within the City, meeting the requirements of the Mobility Data Specification (MDS) format. c. The MDS API will provide standardized data that contains information with respect to individual rides, including without limitation: Start-time, end-time, start location, end location, route information, dockless vehicle ID, total trip distance. d. The operator isLicensee responsible for providing the City with the API key, documentation, and any other required information to fully utilize the MDS API. e. All OperatorsLicensee shall maintain a record of maintenance activities. These records shall be made available to the City upon request. f. Licensee warrants that the data provided pursuant to this License will be accurate. Licensee will not knowingly provide any false information. If the City determines that any of the data provided by Licensee is false or misleading, the City may immediately revoke this License. If the License is revoked in accordance with this subparagraph f, Licensee must remove all dockless vehicles from the City’s right-of-way within 48 hours of notice from the City. g. Licensee shall not provide personally identifiable information to the City. Any information related to rides or ridership must be anonymized prior to reporting to the City. 12.14. Licensee shall educate customers, employees, and contractors regarding the laws applicable to riding, operating, and parking a dockless vehicle as well as the terms of this License related to the proper parking of dockless vehicles. 13.15. Licensee shall comply with Payment Card Industry Data Security Standards (PCI DSS). 8 14.16. Licensee shall take appropriate actions to safeguard any data received from customers and shall be solely responsible for any data breach. Licensee warrants that it follows accepted industry standards related to privacy and safe storage of customer data. Licensee shall promptly notify the City of any data breach. Licensee shall not provide personally identifiable information to the City. 15.17. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”), ASSERTED AGAINST INDEMNITEES, 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 THE USE OF THE RIGHT- OF-WAY PURSUANT TO THIS AGREEMENT INCLUDING PREMISES LIABLITY, EXCEPT TO THE EXTENT SUCH CLAIMS ARE BASED ON OR RESULT FROM INDEMNITEES’ NEGLIGENCE OR UNLAWFUL OR WRONGFUL ACTS OR OMISSIONS. LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS, WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER REASONABLE COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS, WHICH ARE FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR AGREED TO BY LICENSEE IN SETTLEMENT. 16.18. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. 17.19. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: __________________ Attn: ________________ __________________ __________________ If to the City: City of Corpus Christi Attn: Business LiaisonFinance Department 9 P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. Notice of dockless vehicles parked in an unauthorized manner can be made by e-mail or by phone. For purposes of the requirement to move the dockless vehicle under paragraph 7, notice is effective immediately upon sending the e-mail or making the phone call. Phone: ____________ E-mail address: _________________ 18.20. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. All actions arising from, out of, or related to this License must be filed, tried, and resolved in and cannot be removed from Nueces County, Texas. 19.21. The Licensee further agrees, in compliance with Section 2-349 of the Corpus Christi Code of Ordinances, to complete, as part of this Agreement, the “Disclosure of Interests” form attached to this Agreement as Exhibit B. Completed versions of Exhibit B by the Licensee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. 22. Licensee 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. 20.23. This instrument, including exhibits, constitutes the entire agreement between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. 21.24. To the maximum extent permitted by law, neither party will be liable to the other party for any (1) indirect, special or consequential damages or (2) punitive or exemplary damages suffered by such party or any of its equity holders, managers, directors, officers, employees, agents or affiliates. 10 EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LICENSEE Name Date Title Company ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF ________________ § This instrument was acknowledged before me on , 2019,20__, by _____________, as ______ of _____________, on behalf of said company. Notary Public’s Signature 11 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2019.20__. ATTEST: CITY OF CORPUS CHRISTI By: Rebecca Huerta, Samuel Keith SelmanPeter Zanoni City Secretary Interim City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2019,20__, by Samuel Keith SelmanPeter Zanoni, as Interim City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: ____________________________ Assistant City Attorney (Date) For City Attorney EXHIBIT A INSURANCE REQUIREMENTS I. VENDOR’S LIABILITY INSURANCE A. Vendor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Vendor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Vendor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Vendor 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 Vendor is not domiciled in the State of Texas. B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Vendor'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. Vendor 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. Vendor 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, Vendor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Vendor'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 Vendor'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 Vendor to stop work hereunder, and/or withhold any payment(s) which become due to Vendor hereunder until Vendor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Vendor may be held responsible for payments of damages to persons or property resulting from Vendor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements City Manager’s Office ROW - Driverless Dockless Vehicles - Scooters Right of Way License 11/16/2018 sw Risk Management EXHIBIT B CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: _________________________________________________________________ STREET ADDRESS: _____________________________________ P.O. BOX: ________________ CITY: _____________________________________ STATE: ____________ ZIP: _______________ FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other ______________________________ 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) 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 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 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. City Council Meeting January 25, 2022 Dockless Scooters Dockless Scooter History/Timeline Date Event January 2019 Pilot Ordinance Adopted by City Council January 2019 Blue Duck/Lime enter into license agreement January 2019 Blue Duck begins operations February 2019 Lime begins operations April 2020 Scooter operations are shutdown due to COVID-19 Jun 2020 Lime implements safety protocols that are approved by the Health District and relaunch scooters August 2020 Blue Duck implements safety protocols that are approved by the Health District and relaunch scooters 2 Current Operators Blue Duck Scooters Entered into License Agreement on: January 15, 2019 Employees:4 FTE’s including local manager Lime Scooters Entered into License Agreement on: January 28, 2019 Employees:2 Contractors in the local warehouse and 30 “juicers” including local manager 3 133 536 Average dockless scooters deployed per day: 669 Blue Duck average per day Lime average per day Most Frequented Areas Downtown between the Taylor St. and Cooper Alley Activity primarily between Barge Dock and McGee Beach 4 Fiscal Year 2020 Data Most Frequented Areas Downtown between the Taylor St. and Cooper Alley Activity expanded to between North Beach and Cole Park 5 Fiscal Year 2021 Data FY 21 Scooter Deployment 6 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Total per month 21,193 21,842 20,827 19,323 14,502 21,528 18,867 19,596 21,303 20,680 23,154 21,514 Average per day 684 728 672 623 518 694 629 632 710 667 747 717 - 200 400 600 800 1,000 - 5,000 10,000 15,000 20,000 25,000 FY21 Monthly Scooter Deployment Scooters were removed for over a week due to the winter event in February Scooter Rides per Month/Day 7 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Rides per month 11,945 7,848 27,281 22,094 23,047 23,600 31,697 16,484 13,068 13,617 10,669 11,754 Average per day 385 374 880 736 743 787 1,022 532 436 439 356 379 0 200 400 600 800 1,000 1,200 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Monthly/Daily Rides Rides per month Average per day Scooters were removed for over a week due to the winter event in February Comparative Analysis Comparedkey program aspects to peer cities •Fee structure •Application fee •Per Scooter fee •Per Trip fee •Limit on number of scooters citywide and in specific areas •Limit on speeds in certain areas •Prohibited areas •Parking corrals 8 Comparative Analysis City Application Fee Fee per Scooter Per Trip Fee Scooter Limit Slow Zones Prohibited Areas Corpus Christi- current program (2 providers) None $1 per Scooter/ per day None None No Streets El Paso (3 providers)$371 $21 per scooter annually None None No Public Parks UTEP/TxDOT Austin (4 providers)$750 $4 per scooter annually 0.15 2,000 Downtown Parks/Trails Campus/Capital 8 mph Sidewalks Dallas – (Program on hold)None $60 per scooter annually 0.20 None None None San Antonio (2 providers)None $10 per scooter annually 0.25 2,000 Citywide 20 mph cap Sidewalks/ Riverwalk/Trails Arlington Not license through the City only with the University of Arlington. Houston Not licensed through City only through businesses in the downtown area (like Segway). Ft. Worth No City Program 9 Application Fee Fee per Scooter Per Trip Fee Scooter Limit Slow Zones Prohibited Areas Current program None $1 per Scooter per day None None No Streets Proposed program None $60 per scooter annually $0.30 1200-Citywide 300-Seawall 10 MPH on the Seawall Streets 10 •Amend Fee Structure •$60 Permit Fee per Scooter, Annually •$0.30 cents per Trip Fee •Maximum number of Scooters •1200 City Wide permits •Limit of 300 scooters parked on the Seawall from ABC Center to Waters Edge Park •Limit Speed to 10 MPH on Seawall through geo-fencing •No limit elsewhere in the City •Scooters have a maximum speed of 20 MPH Recommended Ordinance Amendments 11 Recommended Ordinance Amendments Example-For illustration purposes only Example of Seawall Parking Limitation Yellow parking areas would be included in 300 parking limitation Orange parking areas would not be included in the parking limitation 12 Designated Parking CorralsExample •Parking corrals will be designated throughout the Downtown, SEA district, Seawall from Cole Park to the ABC Center, and other locations as identified or requested •Working with DMD, private businesses, Parks, Marina and Public Works to identify optimal locations •Scooters parking along the Seawall will be required to park in a corral and this will be enforced through geo-fencing Recommended Ordinance Amendments Estimated Revenues and Spending Plan Revenue Trip revenue based on current total trips $153,000 Permit revenue based on total scooter limit $72,000 Total fiscal year revenue $225,000 Spending Plan 13 Contract with Clean Team for daily scooter organization 7 days a week $29,500 Corral Maintenance and Signage $40,000 Pedestrian safety and sidewalk improvements $138,900 Administration overhead $16,600 Licensing •Once ordinance is adopted, the licenses with two current operators will be updated •New expiration date of January 2023 and include two one-year extensions •If not chosen through Request for Information (RFI) process, contract will expire with 14-day notice •No new licenses will be issued until RFI is complete •Once RFI is complete, up to three licenses will be awarded and scooters allocated •Licenses will be effective until January 2023 and include two one- year extensions. •Licenses will be awarded by City Manager or designee. 14 Next Steps Second reading on February 8 Issue amended licenses to current operators Release RFI in March/April Award licenses to up to three operators in May/June 15 Questions? 16 DATE: January 4, 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Neighborhood Services TraceyC@cctexas.com 361.826.3021 CAPTION: Ordinance Amending Section 13-21 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Building Standards Board from seven members to five members with two alternates. PURPOSE: The purpose of this item is to enhance the business conducted by the Corpus Christi Building Standards Board by reorganizing the membership to reduce the number of Board members needed to make a quorum to hold a hearing for sub-standard building cases. BACKGROUND AND FINDINGS: The Building Standards Board serves as an organization for the enforcement of the property maintenance code or of any rule or regulation concerning the health, safety, or general welfare adopted by the City as it relates to structures or premises. The Building Standards Board currently meets every other month. However, due to recent unforeseen circumstances, the Board has not reached a quorum to hold a hearing since October 2021. A lack of quorum has been a reoccurring issue in previous years that results in a backlog of substandard building cases that prolongs resolution or removal of blighted structures throughout the community. The Building Standards Board is currently comprised of seven (7) members. This proposed amendment to the Ordinance will change the number of members to five (5), with two alternates, each of whom shall be a resident of the city. The new membership composition will then require three (3) members to serve as a quorum. The following categories are preferred but not required: lawyer, realtor, architect, engineer, general Amending membership of the Corpus Christi Buildings Standards Board AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 25, 2022 Second Reading Ordinance for the City Council Meeting of February 8, 2022 contractor, home builder, or a building materials dealer; and remaining members at large from the residents of the city who are homeowners. Of the members appointed, three (3) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and thereafter they shall be appointed for terms of three (3) years. Reducing the number of required members and providing alternate members to serve as a quorum will ensure hearings are held regularly thus streamlining the remediation of blighted structures and improving appearance, value, safety, and stability in our neighborhoods that strengthen our community, city-wide. ALTERNATIVES: Not to adopt the amended ordinance to establish the updates. FISCAL IMPACT: There is no fiscal impact associated with this item. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends adoption of the amendment ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Sec. 13-21 of the Corpus Christi Code to change the membership of the Building Standards Board from seven member to five members with two alternatives. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 13-21. - Establishment of organization to enforce the property maintenance code; code official and building standards board, subsection (a)(1) of the Corpus Christi Code is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 13-21. - Establishment of an organization to enforce the property maintenance code; code official and building standards board. (a) There is hereby established in the city an organization for the enforcement of the property maintenance code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, consisting of: (1) a building standards board; and (2) the office of the code enforcement division. (1) Building Standards Board. a. There is hereby created a building standards board hereinafter referred to as "the board" to be composed of seven (7) members five regular members and two alternate members, each of whom shall be a resident of the city. Membership in one (1) or more of the following categories is preferred but not required: lawyer, realtor, architect, engineer, general contractor, home builder, or a building materials dealer; and remaining members at large from the residents of the city who are homeowners. This board shall be appointed by the city council. b. Of the members first appointed, three (3) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and thereafter they shall be appointed for terms of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. The unexcused absence of any member from three (3) consecutive official meetings of the board shall automatically terminate his membership on the board. c. Four (4) Three members of the board shall constitute a quorum. In varying the application of any provisions of this code or in ma king any decision, affirmative votes of the majority present, but not less than four (4) affirmative votes, shall be required. No board member shall act in a case in which he/she has a personal interest. d. The board shall establish rules and regulations for its own procedure, not inconsistent with the provisions of this code. The board shall meet at regular intervals to be determined by the chairman and shall meet for such hearings as are required to be held upon complaints filed by the official and for such hearings as are requested in writing by a citizen whose property is, or may be, affected adversely by the application of any provisions of this code. SECTION 3. The effective date of this ordinance is upon passage. SECTION 4. 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 hereof 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 ___________, 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2022, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2022. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 12, 2022 TO: Peter Zanoni, City Manager THRU: Andrea Gardner, Assistant City Manager andreaga@cctexas.com 361.826.3506 FROM: Tracey K. Cantu, Interim Director of Neighborhood Services traceyc@cctexas.com 361.826.3021 CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation to consider an inducement resolution for $15,000,000 in Multifamily Revenue Bonds for approximately 152 new affordable multi-family housing units at Greenwood Drive and Gollihar Road. SUMMARY: The purpose is to hold a Special Board Meeting of the Corpus Christi Housing Finance Corporation to consider matters pertaining to the issuance of multifamily housing revenue bonds. BACKGROUND AND FINDINGS: Greenwood Manor, LP., a single asset entity, is interested in developing an affordable housing project in Corpus Christi. The Corpus Christi Housing Finance Corporation approved a Resolution for this project on October 19, 2021. In November 2021, the Texas Bond Review Board announced the lottery results for the State. The Greenwood Manor project (Application 22-187) received a $15,000,000 Priority 1 multifamily revenue bonds reservation from the Texas Bond Review Board for Region 10. On January 6, 2022, the Texas Bond Review Board notified Greenwood Manor of the Tax Credit requirements for the project. On January 11, 2022, Greenwood Manor submitted a withdrawal request to the Texas Bond Review Board. The withdrawal action returned the reservation. Greenwood Manor has indicated the desire to resubmit an application for a $15,000,000 reservation. The new request is due to a change in proposed financing removing a direct loan from the Texas Department of Housing and Community Affairs, increasing the number of units from 144 to 152, and changing the income targeting. Special Board Meeting of the Corpus Christi Housing Finance Corporation AGENDA MEMORANDUM Action Item for the City Council Meeting January 25, 2022 To include their preliminary costs and land acquisition in a possible future issuance of revenue bonds, they are requesting the adoption of a new preliminary resolution known as an “inducement resolution” by the CCHFC. The CCHFC has no legal obligation to issue any bonds at any time in the future, and any issuance of bonds will be subject to review and approval at a future meeting of the Board. The inducement resolution solely is for the purpose of allowing inclusion of the preliminary expenses incurred if bonds are issued at some point in the future. Any revenue bonds issued by the CCHFC solely are payable from the loan payments received from a particular development project. They are not a general obligation of the CCHFC, and neither the City of Corpus Christi nor its credit are involved. The CCHFC has no taxing power. ALTERNATIVES: The CCHFC may elect not to adopt the proposed inducement resolution. FISCAL IMPACT: There is no current year Fiscal impact for this item. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends the inducement for multifamily revenue bonds. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Special Board Meeting Unapproved October 19, 2021, Board Meeting Minutes Resolution with Respect to the Issuance of Bonds to Finance activities for Greenwood Manor, LP. CCHFC Bond Transaction Guide Greenwood Manor Project Overview and Map PowerPoint AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, January 25, 2022 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Michael T. Hunter calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Michael T. Hunter, President Roland Barrera, Vice President Paulette M. Guajardo John Martinez Mike Pusley Billy A. Lerma Ben Molina Greg Smith Gil Hernandez Officers Peter Zanoni, General Manager Andrea Gardner, Asst. General Manager Rebecca Huerta, Secretary Ruth Bocchino, Asst. Secretary Heather Hurlbert, Treasurer Judy Villalon, Asst. Treasurer 3 PUBLIC COMMENT 4. Approve minutes of October 19, 2021 Board meeting 5. Resolution with respect to the issuance of bonds to finance facilities for Greenwood Manor, LP. 6. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL BOARD MEETING OCTOBER 19, 2021 PRESENT Board of Directors Officers Michael T. Hunter, Vice President Peter Zanoni, General Manager Roland Barrera Vacant, Asst. General Manager Paulette Guajardo Rebecca Huerta, Secretary Gil Hernandez Vacant, Asst. Secretary Billy A. Lerma Alma Casas, Treasurer Ben Molina Judy Villalon, Asst. Treasurer Mike Pusley Greg Smith John Martinez Vice President Hunter called the meeting to order in the Council Chambers of City Hall at 4:27 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting. Vice President Hunter referred to Item 3 and called for public comment. There were no comments from the public. Vice President Hunter referred to Item 4 and called for approval of the minutes of the October 27, 2020 meeting. Board Member Barrera made a motion to approve the minutes as presented, seconded by Board Member Molina and passed unanimously. Vice President Hunter referred to Item 5 and called for the Treasurer’s Report. No action was taken. Vice President Hunter referred to Item 6 and called for Election of Officers. Board Member Barrera made a motion to appoint Board Member Hunter as President, seconded by Board Member Molina and passed unanimously. Board Member Molina made a motion to appoint Board Member Barrera as Vice President, seconded by Board Member Hunter and passed unanimously. Board Member Molina made a motion to appoint Peter Zanoni (General Manager), Andrea Gardner (Assistant General Manager), Rebecca Huerta (Secretary), Ruth Bocchino (Assistant Secretary), Heather Hurlbert (Treasurer), and Judy Villalon (Assistant Treasurer), seconded by Board Member Barrera and passed unanimously. President Hunter referred to Item 7 as follows: Resolution amending and reaffirming the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation. Treasurer Heather Hurlbert stated the Investment Policy and Strategies must be adopted by each corporation annually. Board Member Smith made a motion to approve Item 7, seconded by Board Member Barrera and passed unanimously. President Hunter referred to Item 8 as follows: Resolution amending the fee for multifamily revenue bonds by the Corpus Christi Housing Finance Corporation from one-half of one percent to one percent of the principal amount of the bonds issued. Attorney for the Corpus Christi Housing Finance Corporation, John Bell, stated that in 1984, the City determined that any bonds issued by this corporation were to not be a liability to the City, it would be better if the City’s legal department was not writing opinions for supporting the bonds that could be a potential liability. A Board Member, City Attorney Miles Risley and Mr. Bell discussed the following topics: liability issues related to the City’s issuance of bonds versus the corporation’s issuance of bonds; and the history behind appointing outside legal counsel for corporations. Board Member Guajardo made a motion to approve Item 8, seconded by Board Member Smith and passed unanimously. President Hunter referred to Item 9 as follows: Resolution with respect to the issuance of bonds to finance facilities for Greenwood Manor, LP. Attorney for the Corpus Christi Housing Finance Corporation, John Bell, presented information on the following topics: Greenwood Manor; CCHFC; borrower/user; trustee; and lender/bondholder. Board Members, Mr. Bell, General Manager Zanoni, and Developer of Greenwood Manor Jose Gonzalez, II discussed the following topics: this property will have to be rezoned for multi- family; the developer’s plan is to use a take-out permanent mortgage from FHA once the project is built; issuance of bonds from this corporation is about a 5-year term; and an allocation of bonds would not restrict a 4% tax credit. Board Member Barrera made a motion to approve Item 9, seconded by Board Member Lerma and passed unanimously. There being no further business to come before the Corpus Christi Housing Finance Corporation, President Hunter adjourned the meeting at 5:06 p.m. RESOLUTION WITH RESPECT TO THE ISSUANCE OF BONDS TO FINANCE FACILITIES FOR GREENWOOD MANOR, LP WHEREAS, Corpus Christi Housing Finance Corporation (the “Corporation”) is a nonprofit housing finance corporation duly organized and existing under the laws of the State of Texas, including particularly the Texas Housing Finance Corporations Act, as amended (the “Act”) codified in Chapter 394 of the Texas Local Government Code; WHEREAS, the City of Corpus Christi, Texas (the “City”) has authorized and approved the creation of the Corporation to act on its behalf to further certain public purposes of the City; WHEREAS, Greenwood Manor, LP, a limited partnership to be organized and existing under the laws of the State of Texas, has requested that the Corporation consider financing for the acquisition and construction of multifamily housing facilities in Corpus Christi, together with real and personal property related thereto, more particularly described on Exhibit A attached (the “Facilities”); WHEREAS, for purposes of this Resolution, Greenwood Manor, LP, and any “related person” (within the meaning of Section 147 of the Internal Revenue Code of 1986, as amended) thereto, shall be referred to herein as the “Company”; WHEREAS, the Company has advised the Corporation that a contributing factor which would further induce the Company to proceed with providing for the acquisition, construction and equipment of the Facilities would be a commitment and agreement by the Corporation to issue bonds pursuant to the Act (the “Bonds”) to finance and pay for the Facilities; WHEREAS, the Company has proposed to the Corporation that the Company, acting for the benefit of the Corporation, will be further induced to proceed with providing for the acquisition and construction of the Facilities if the Corporation will make such commitment and agreement and adopt this Resolution; WHEREAS, the Corporation finds, intends, and declares that this Resolution shall, in accordance with its provisions, constitute the commitment and agreement of the Corporation to issue the Bonds, in one or more series, in such aggregate principal amount, presently estimated to be $15,000,000, as is actually required to finance and pay for the acquisition, construction and equipment of the Facilities, together with all costs and fees of or incurred in connection with the issuance of the Bonds and the acqui sition and construction of the Facilities, and interest costs and/or expenses during the estimated period of construction and for a reasonable period thereafter, to the extent permitted by federal or state law; and WHEREAS, the Corporation finds, considers, and declares that the issuance of the Bonds in such amount and for such purposes will be appropriate and consistent with the objectives of the Act, and that the adoption of this Resolution is and constitutes, and is 2 intended as (i) an inducement to the Company to proceed with providing the Facilities, (ii) the taking of affirmative official action by the Corporation, acting by and through its Board of Directors, towards the issuance of such Bonds, and that such action is, and is intended to be, similar to the adoption of a bond resolution, within the meaning of Section 1.142 -4 of the U.S. Department of Treasury Regulations and Section 142 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to Exempt Facility Bonds, (iii) the declaration of the intention of the Corporation, in accordance with the provisions of Section 1.150-2 of the U.S. Department of Treasury Regulations to reimburse expenditures for the Facilities at such time as the Bonds are issued, and (iv) applying to the Company or any “related person” (within the meaning of Section 147 of the Code) to the Company; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. The Corporation is committed and agrees as follows: (a) To adopt a bond resolution or bond resolutions, when requested by the Company, authorizing the issuance of Bonds pursuant to the Act, and to issue the Bonds, subject to the requirements of the Act, the execution of the appropriate agreements or contracts described in subparagraph (b) below, and the sale of the Bonds under terms and conditions satisfactory to the Corporation and the Company, to finance and pay for the acquisition, construction and equipment of the Facilities, including amounts sufficient to pay the fees, expenses, and costs in connection with such issuance, including an amount adequate to reimburse the Corporation for its administrative and overhead expenses and costs with respect to the Bonds and the Facilities, with the Bonds to be payable from payments by the Company to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agents’ and trustee’s fees on, the Bonds, as and when the same shall become due and payable. (b) Prior to the issuance of the Bonds, when requested by the Company, to enter into such lease, use agreement, management agreement and/or any other appropriate contracts or agreements between the Corporation and the Company as are mutually acceptable in all respects to the Corporation and the Company, under which the Company will be obligated to make payments to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agent’s and trustee’s fees on, the Bonds, as and when the same shall become due and payable, and with such payments also to be sufficient to defray the Corporation’s administrative, overhead, and other expenses and costs with respect to the Bonds and the Facilities. (c) To take, or cause to be taken, such other action, and to execute such additional contracts and agreements mutually agreeable to the parties in all respects, when requested by the Company, as may be required in accordance with the Act and this Resolution to cause the issuance of the Bonds. 3 Section 2. The Company has executed and delivered to the Corporation an Inducem ent and Indemnity Agreement, the terms of which are incorporated by reference into this Resolution. By the acceptance of this Resolution and proceeding with the Facilities, the Company thereby agrees that it will fully indemnify and hold the City, the Cor poration, and their respective officers, directors, employees, agents and attorneys, harmless from any and all damages, losses, and expenses, including attorneys’ fees, arising at any time from or with respect to the Bonds and the Facilities, as more fully described in the Inducement and Indemnity Agreement. Section 3. The adoption of this Resolution shall be deemed to constitute the acceptance of the Company’s proposal that it be further induced to proceed with providing for the acquisition, construction and equipment of the Facilities, and said proposal and acceptance shall constitute an agreement between the Corporation and the Company in accordance with the provisions of this Resolution. Section 4. Immediately after the adoption of this Resolution the acquisition, construction and equipment of the Facilities may commence and continue to completion in accordance with methods and procedures determined by the Company, or by the Company and the Corporation, pursuant to this Resolution and the agreement it constitutes. Section 4. The Secretary of the Board of Directors of the Corporation is hereby authorized and directed to transmit to proper representatives of the Company one or more certified copies of the Resolution and such parties are hereby authorized to rely upon this inducement for the purposes herein stated. PASSED AND APPROVED on the day of January, 2022: Paulette M. Guajardo _______________________ Michael T. Hunter _______________________ John Martinez _______________________ Mike Pusley _______________________ Billy A. Lerma _______________________ Ben Molina _______________________ Roland Barrera _______________________ Greg Smith _______________________ Gil Hernandez _______________________ 4 ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta, Secretary President 5 EXHIBIT A Greenwood Manor Apartments would be approximately 152 units of new construction garden style apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road with legal description Paisley Hoffman 26.6223 Ac s out of Lt 12 Sec D. The development will contain 1 bedroom, 2 bedroom and 3 bedroom units in two story buildings. A large community building will contain the leasing office and management office plus a computer learning center, an after-school activities center and community space. The community building will also have an office for the on-site resident service provider. Onsite there will be playgrounds, a dog park and picnic table areas. CORPUS CHRISTI HOUSING FINANCE CORPORATION (Organized in 1979 by Corpus Christi City Council) The CCHFC’s board of directors is comprised of the nine members of the City Council. It meets on an as-needed basis in order to assist in meeting local housing needs. Past Bond Activities In the 1980’s, the CCHFC issued over $100 million in single family mortgage revenue bonds which provided financing at affordable interest rates (market rates exceeded 10%) for over 2,000 first-time homebuyers. When conditions changed in the bond markets, the CCHFC ceased issuing bonds and refocused its efforts in originating mortgage credit certificates which assisted over 3,000 first-time homebuyers during the period from 1987 through 2009 when that program concluded. In the 1980’s, the CCHFC also issued multi-family housing revenue bonds to finance the construction of five market-rate apartment projects. Due to changes in federal tax laws and the local market occupancy, that program was terminated. In 2005, the CCHFC issued $15 million in multi-family housing revenue bonds to finance the first phase of the Costa Tarragona Apartments located at N.P.I.D. and I-H 37. In 2011, the second phase was constructed without using revenue bonds, but both phases qualified for low-income housing tax credits. In that project, the CCHFC also owns the land which is leased for the development and was a co-developer and received development fees. Outline of a Bond Financing and Key Terms Under federal and state laws, the CCHFC can issue revenue bonds which are tax-exempt under federal tax laws when required conditions are satisfied. When the project is owned or managed by a private company, they are called “private activity bonds.” Private Activity Bonds. Under federal law, only a limited amount of private activity bonds may be issued in each state each year that will be tax exempt. The Texas Bond Review Board (BRB) operates an allocation system that gives authority to issue bonds for different types of projects including housing, port facilities, hospital facilities, etc. When it receives more requests for a year than the State allocation in a particular category, it conducts a lottery in that category. State Allocation System. The BRB has a deadline of October 20 for issuers seeking an allocation for issuing bonds in the next year. If the CCHFC gets an allocation for a bond issue, it is permitted to issue multifamily housing revenue bonds that will be tax exempt. The State performs no other role in the system other than the BRB allocating the annual amount for private activity bonds in the State each year to different issuers. No Impact on City Bonds. A bond issued by the CCHFC is not an obligation of the City of Corpus Christi and in no way impacts the City’s bond rating or its ability to issue bonds or certificates of obligations. City bonds and certificates of obligation are not private activity bonds so they are not https://corpuschristi-my.sharepoint.com/personal/jenniferb9_cctexas_com/Documents/Workforce Housing/CCHFC/CCHFC Bond Transaction Guide.docx 2 Lender/Bondholder CCHFC Borrower/User Trustee subject to any of these rules. The CCHFC has no ability to levy taxes, and no taxing authority or credit of the City is involved in any of the CCHFC’s financings. Bonds Are “Conduit Financing”. Bonds issued by the CCHFC are considered a conduit financing in that the borrower obtains a lender, based solely on the credit underwriting of the borrower. Once the lender approves the loan to the borrower, the lender agrees to purchase bonds from the CCHFC in the amount of the loan and the CCHFC loans the funds to the borrower. The CCHFC’s bonds are repayable solely from the loan payments received from the borrower. The loan typically also is secured by real estate and may have personal guaranties of the borrower’s principals as required by the lender. Although technically the CCHFC makes the loan, the terms are determined by the lender, and the terms of the bonds issued are the same as the loan terms for the borrower. 1 2 3 5 4 Steps in Transaction. Step 1. CCHFC issues bonds to lender to obtain funds for loan. Step 2. CCHFC loans funds to borrower on same terms as specified in bonds. Step 3. CCHFC assigns all rights to loan to Trustee for Lender/Bondholder. Step 4. Borrower makes required loan payments to Trustee. Step 5. Trustee pays funds received to Lender/Bondholder. Limited Obligation of CCHFC. The bonds are not general obligations of the CCHFC but are revenue bonds payable from the revenues generated by the loan to the borrower. The existing funds and assets of the CCHFC are not pledged to secure the bonds and are not at risk if the borrower defaults in payment of the loan. The CCHFC assigns its rights under the loan documents to a trustee for the bonds, so if the borrower defaults on the loan, the trustee would conduct whatever foreclosure would be necessary in order to liquidate the remaining assets securing the loan for the lender. Footnote on City CAFR. The financial reporting standards for the City, GASB requires that all conduit debt issued by issuers affiliated with the City be reported as a footnote on the City’s comprehensive annual financial report. The bonds are not in any way a liability of the City, but since the CCHFC is affiliated with the City they are noted on the financial statements in that manner. Greenwood Manor Project Overview and Map Corpus Christi Housing Finance Corporation January 25, 2022 2 Greenwood Manor Owner: Greenwood Manor, LP Principals: Frank Garcia, Jose Gonzalez II and Dustin Jones Proposed Development •152 multifamily units •Mix of 1-, 2- and 3-bedroom units •$30.3M estimated costs •Potential funding sources: •Multifamily Revenue Bonds •4% Low-income Housing Tax Credits •HOME Investment Partnerships Program and other •Deferred fees 3 DATE: January 11, 2022 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3360 PRESENTER(S): Name 1. Cobby Caputo, Attorney, Bickerstaff Heath Delgado Acosta LLP ISSUE: The City Charter requires that each of the five city council districts have as near as practical the same population. After each census, the City examines the new census data to determine whether any adjustments are needed to better equalize the population in each district. The City has engaged Bickerstaff Health Delgado Acosta LLP as redistricting counsel to coordinate this process. This presentation will focus on their initial assessment of the 2020 census data and its effects on district population. Additionally, two draft resolutions formalizing the criteria to apply to the development of new districting plans and guidelines for the public participation process are being presented for Council review and input. The resolutions will be presented for action at the February 8, 2022, City Council meeting. SUPPORTING DOCUMENTS: PowerPoint Draft Resolutions – Criteria for Development of New Districting Plans and Guidelines for Public Participation Receive Initial Assessment regarding whether redistricting is required considering the new 2020 census data; and, if so, consider adoption of criteria to apply to development of new districting plans, and guidelines for public participation in the redistricting process. AGENDA MEMORANDUM City Council Meeting of January 25, 2022 Page 1 of 3 Resolution adopting criteria for use in the 2021 redistricting process; and adopting guidelines for other entities submitting redistricting plans. WHEREAS, this City Council has certain responsibilities for redistricting under federal and state law including but not limited to Amendments 14 and 15 to the United States Constitution, U.S.C.A.; section 2 of the Voting Rights Act, 52 U.S.C.A. §10301; City Charter Art. II, Sec. 1; and Tex. Gov’t Code Ann. §§ 2058.001 and 2058.002; and WHEREAS, a review of the 2020 census data reveals that a population imbalance exists among the City’s councilmember districts requiring redistricting of those districts; and WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and WHEREAS, a set of established redistricting criteria will serve as a framework to guide the City in the formulation and consideration of districting plans; and WHEREAS, redistricting criteria will provide the City a means by which to evaluate proposed plans; WHEREAS, redistricting criteria will assist the City in its efforts to comply with all applicable federal and state laws; WHEREAS, it is necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the Council; WHEREAS, these guidelines for entities submitting specific redistricting plans help to provide an orderly evaluation process; and WHEREAS, the Council also welcomes any comments relevant to the redistricting process; NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that Section 1. The City Council, in its adoption of a redistricting plan for councilmember districts, will adhere to the following criteria to the greatest practical extent when establishing new councilmember district boundaries: A. Easily identifiable geographic boundaries should be followed. B. Communities of interest should be maintained in a single district, and attempts should be made to avoid splitting neighborhoods. C. Councilmember districts should be composed of whole voti ng precincts. Where this is not possible or practicable, districts should be drawn considering county election precincts. Avoid splitting census blocks unless Page 2 of 3 necessary. D. Although it is recognized that existing districts will have to be altered to reflect new population distribution in the City, any districting plan should be based on existing districts. E. Districts must be configured so that they are relatively equal in total population according to the 2020 federal census. In no event should the total population deviation between the largest and the smallest district exceed ten percent as compared to the ideal district size. F. The districts should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical, dimension. G. Consideration may be given to the preservation of incumbent -constituency relations by recognition of the residence of incumbents and their history in representing certain areas. H. The plan should be narrowly tailored to avoid racial gerrymandering in violation of Shaw v. Reno. I. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting or otherwise discriminate against protected groups so as to create liability under the Voting Rights Act. Section 2. In order to ensure that a redistricting plan submitted by another entity provides value, the City Council hereby sets the following guidelines to be followed by an entity submitting a proposed redistricting plan for consideration: A. The proposed plan must be submitted in writing and be legible. B. The proposed plan must show the total population and voting age population for each proposed council district based on the 2020 Census Data. C. The proposed plan should redistrict the entire City. D. The proposed plan should conform to the redistricting criteria the Council will be using in drawing the districts. Page 3 of 3 PASSED AND APPROVED on the ______ day of _________, 2022: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-8021 www.bickerstaff.com www.votinglaw.com ©2021 REDISTRICTING Applicable Law Three Principles, plus “One person – one vote” (equal population) Voting Rights Act §2 (nondiscrimination) Shaw v. Reno (limits use of race) Plus, as diagnostic tool: Voting Rights Act §5 (retrogression) ©2021 Redistricting One Person - One Vote Redistricting One Person - One Vote U.S. Constitution – single-member districts must have approximately equal populations Rule of thumb: total deviation < 10% Compare most populous and least populous districts to “ideal”–sized district Add both departures from ideal together U.S. Constitution – single-member districts must have approximately equal populations Rule of thumb: total deviation < 10% Compare most populous and least populous districts to “ideal”–sized district Add both departures from ideal together ©2021 Example Deviation Calculation District Ideal district District total pop. Difference Deviation A 10,000 11,000 1000 + 10.0 percent B 10,000 10,750 750 + 7.5 percent C 10,000 10,250 250 + 2.5 percent D 10,000 8,000 - 2000 -20.0 percent Totals: 40,000 40,000 net= 0 net= 0 percent Total maximum deviation = difference between most populous and least populous districts = 10 percent + 20 percent = 30 percent. ©2021 Available Census Data PL94-171 File “Census block” level Total population VAP (voting age population) Race Hispanic origin ©2021 WhatPopulationDoYouUse? Total Population •To determine one person - one vote VAP (Voting Age Population) •To measure voting rights issues ©2021 Section 2 of the Voting Rights Act •No discrimination on basis of race or language minority status •Generally, avoid cracking or packing •Cracking or fracturing is dividing minority voters to fragment their voting power. •Packing is concentrating minority voters when dividing them would permit the group to elect their candidates of choice in more than one district •Other practices can also violate Section 2 ©2021 14th Amendment (Shawv.Reno) Limits race-based decision making, including redistricting Was race the predominant consideration in drawing a redistricting plan? If so, is the plan a narrowly tailored means of addressing a compelling governmental interest? ©2021 RedistrictingStandardsunder Shaw-RenoLineofCases Usually, race may not be the predominant factor to the subordination of traditional districting principles But it is OK to be aware of race and to consider race to satisfy Section 2 and Section 5 To “narrowly tailor,” use race no more than necessary Bizarrely-shaped districts not unconstitutional per se Bizarre shape may be evidence that race predominated Usually, race may not be the predominant factor to the subordination of traditional districting principles But it is OK to be aware of race and to consider race to satisfy Section 2 and Section 5 To “narrowly tailor,” use race no more than necessary Bizarrely-shaped districts not unconstitutional per se Bizarre shape may be evidence that race predominated ©2021 Section 5 of the Voting Rights Act Preclearance no longer required (Shelby County v. Holder (2013)) Section 5 standard is “retrogression” Are minorities worse off under the new system? No discriminatory purpose or effect Still a useful diagnostic tool to identify potential Section 2 issues ©2021 Benchmark The benchmark is the standard against which retrogression is measured. The benchmark is 2020 Census data superimposed on the last legally enforceable plan (typically, current city council districts with all annexations included). ©2021 Adopt Criteria Identifiable boundaries Maintaining communities of interest & neighborhoods Using whole voting precincts, if possible Basing plan on existing districts Adopting districts of relatively equal size Drawing districts that are compact and contiguous Keeping existing incumbents in their districts Narrowly tailoring plan to comply with the VRA ©2021 Steps To Balancing Conflicting Legal Obligations In Redistricting Pay Attention To the criteria when drawing the plan. Consider and evaluate each plan presented (whether by district’s hired consultant or by general public) in light of the adopted criteria. Adopt Criteria that reflect traditional redistricting principles, including consideration of race to the extent required to meet obligations under the Voting Rights Act Be Aware Of legal obligations and responsibilities Plan ahead Build a record ©2021 Steps To Balancing Conflicting Legal Obligations In Redistricting Analyze the final plan in terms of how well it conforms to the adopted criteria Make sure the analysis is considered by the City Council before plan adoption Avoid truly bizarre districts ©2021 Plan Development Elements Initial Assessment Adopt plan criteria, guidelines Develop illustrative plan(s) Public comment / hearing Analyze comments Adopt final plan Implementation ©2021 Draft Redistricting Time Line January 25 Present Initial Assessment February 17 Illustrative Plan and First Drawing Workshop March 22 Public Hearing and Second Drawing Workshop April 12 Public Hearing and Final Adoption Corpus Christi, Texas 2011 Benchmark with 2020 Census Data ©2021 Current Districts City of Corpus Christi Overall Deviation For Current Districts Using 2020 Census Data City of Corpus Christi Voting Age Population For Current Districts Using 2020 Census Data BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas 78746 (512) 472-8021 www.bickerstaff.com www.votinglaw.com ©2021 DATE: December 20, 2021 TO: Peter Zanoni, City Manager FROM: Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Iain Vasey President/CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to City Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. This presentation covers July - December of calendar year 2021. Our last presentation was on September 14, 2021. The Metropolitan Statistical Area (MSA) economy is moving back to normal. There are plenty of positive signs that are getting close to pre-COVID levels. We are still tracking roughly 9,000 less jobs than in June 2019. The unemployment rate has been coming down from a high of 15.7% in April 2020. We are at 6.0% at the end of November. The greatest challenges in reducing unemployment are labor Rate Participation and securing high paying jobs in in diverse sectors of the economy. The sales tax collections are up across the MSA with the exception of a couple of smaller cities. The housing market remains superheated. The EDC is working on 21 major projects that are valued at $21.0 billion in capital investment and would possibly create 1,825 quality primary jobs. The EDC is looking for other industries to attract to our region. We have completed a Targeted Industry Survey to look at industries that we can target but also re- shoring opportunities. We are coordinating with partners to push a “sense of place” initiative and have a draft report that we are reviewing. Your EDC is delivering value to the City and the region. LIST OF SUPPORTING DOCUMENTS: CCREDC City Council Q3 & Q4 Quarterly Update Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (The third and fourth quarters of 2021) AGENDA MEMORANDUM City Council Meeting of January 25, 2022 Iain Vasey CEcD President/CEO City Council 3rd and 4 th Quarters Report 2021 Nov. 2020 339 $90,044,142 $265,617 $230,000 735 2.0 2.5 Sep. 2021 425 $112,859,033 $265,551 $245,000 724 1.9 2.1 Oct. 2021 363 $95,876,755 $264,123 $240,000 697 1.9 2.1 Nov. 2021 342 $96,243,648 $281,414 $254,950 648 1.7 1.9 CHRISTI MSA HOUSING DATACorpus Christi Local Market Housing Data Date Sales Dollar Average Median Total Months Corpus Volume Price Price Listings Inventory Christi L/M MSA Unemployment Rates by the Month Nov. 2017-2021 Corpus Christi Texas U.S. 5.7 4.4 4.1 8.9 6.0 3.9 3.5 3.4 6.9 4.5 3.9 3.5 3.3 6.4 3.9 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 Nov 2017 Nov 2018 Nov 2019 Nov 2020 Nov. 2021 Nov. 2020 Dec. 2020 Jan. 2021 Feb. 2021 Mar. 2021 Apr. 2021 May 2021 Jun. 2021 Jul. 2021 Aug. 2021 Sept. 2021 Oct. 2021 Nov. 2021 Corpus Christi 8.6 8.4 9.2 9.4 8.8 8.1 7.5 8.4 7.5 6.8 6.3 6.1 6.0 Texas 6.9 6.7 7.3 7.5 7.1 6.4 5.9 6.6 6.0 5.3 4.9 4.8 4.5 U.S.6.4 6.5 6.8 6.6 6.2 5.7 5.5 6.1 5.7 5.3 4.6 4.3 3.9 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 Unemployment Rates Industry Yearly Change Monthly Change Nov. 2021 Oct. 2021 Nov. 2020 Nov. 2019 Nov. 2018 Nov. 2017 Total Nonfarm 8,100 1,300 187,800 186,500 179,700 195,200 194,600 192,200 Mining, Logging and Construction 1,000 300 20,300 20,000 19,300 24,300 24,800 26,700 Manufacturing 0 -200 7,800 8,000 7,800 8,500 8,400 8,100 Trade, Transportation, and Utilities 2,100 500 34,500 34,000 32,400 33,700 33,800 33,800 Information 100 100 1,500 1,400 1,400 1,600 1,700 1,800 Financial Activities 300 100 8,500 8,400 8,200 8,400 8,200 7,800 Professional and Business Services 1,400 -100 18,700 18,800 17,300 18,400 19,100 17,700 Education and Health Services 900 200 32,200 32,000 31,300 32,900 32,200 30,800 Leisure and Hospitality 1,900 0 24,100 24,100 22,200 25,500 24,800 24,000 Other Services 300 0 5,900 5,900 5,600 6,200 6,200 6,200 Government 100 400 34,300 33,900 34,200 35,700 35,300 35,300 Unemployment Rate C.C. MSA 6.0% Texas 4.5% U.S. 3.9% November 2021 Employment by Sector for Corpus Christi MSA Deals in Pipeline: 20 active projects 2,825 jobs $22.1B in cap ex Area Projects Net Taxable Value Taxing Entity 10 Year 20 Year Nueces County $60,893,286 $111,806,496 Hospital District $26,285,304 $47,394,906 City of Corpus Christi $147,915,202 $817,140,291 Nueces School Districts $261,173,920 $451,628,994 Del Mar College $25,824,005 $47,867,469 Type A Effect $24,834,069 $22,448,032 San Patricio County $885,574,491 $2,624,141,092 San Patricio School Districts $1,203,712,211 $3,780,590,410 These taxes are net of any incentive offered. Assumed the time to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments Deals in Pipeline: 20 active projects 2,825 jobs $22.1B in cap ex Business Development Dashboard ThyssenKrupp, 60 jobs, $60M (on SDI site) Bull Moose, 50 jobs, $10 million (on SDI site) Friedman, 50 jobs, $21 million- (on SDI Site) Ferragon Corp, 25 jobs, $10M (on SDI site) SMS Group, 80 jobs (on SDI site) Schiit Audio, 25 jobs, $100K Feralloy, 100 jobs, $65M Thales, 3 jobs, N/A Cap Ex (TAMU-CC) JM Steel, 50 jobs, $50M (on SDI site) Steel Dynamics, 600+ jobs $1.9 B GCGV, 600+ jobs $9.8B Deals in Pipeline: 20 active projects 2,825 jobs $22.1B in cap ex Business Development Dashboard -20 prospect visits in 2021 with three green ammonia, a Gas to Liquids, and a drone project that have visited in late Nov/Dec -California "Flip Your Coast" initiative generating three projects in drones and two advanced manufacturing with potential announcement in Spring 2022 on circuit board manufacturer, visit to Los Angeles in November. -1 more pending SDI (Blue -offsite) but two supplier projects to SDI offsite (TLC and Sparrow). CCREDC Project Pipeline 8 1405 $20.7B Petrochem/ Energy 3 360 $152M Steel 5 310 $110M Drones 2 125 $105M Energy-Recycling 3 150 $3.0M Adv. Manufacturing 21 Active Projects 2430 Jobs $21 B Cap Ex Projects Jobs Cap Ex Sector Deals in Pipeline: 20 active projects 2,825 jobs $22.1B in cap ex Business Attraction Activities Industry Trade Shows and Conferences: •Westech (Advanced Manufacturing), Long Beach, CA, Nov •ICSC (retail with San Pat EDC), Las Vegas, December •Polyethylene Films (plastics), St Augustine FL, February •Heliexpo, (aviation/helicopter manufacturing), Dallas, March •World Petrochemical Conference, Houston, March Charting a New Course Looking beyond recovery to create a new era of opportunity and prosperity for the Coastal Bend Region. •A New Horizon Renewed Targeted Industry Analysis, working with regional allies from Victoria to Kingsville and all points in between. •Bring it Home A strategic effort toward onshoring, nearshoring, shortening and strengthening supply chains. •Focus Groups Roundtable studies and conversations with industry clusters to connect existing industry to project pipelines •Direct Access Provide data-backed advocacy directly to national, state and local leadership through continued partnerships, surveys and expert analysis. •Place Making Collaborative effort to define, enhance and communicate the Coastal Bend Region as a great place to live, work, play, shop and thrive. Business Development Dashboard * CCREDC 2020-2021 Projects Update the 2015-16 Target Industries Analysis •Supply Chain Analysis •Reshoring/Nearshoring •Economic Diversification (e.g., Petrochemicals, Steel) Options Place-Making (Place-Attachment Survey) •Assess the factors that make the region the location of choice for companies & residents •Aesthetics/Projects Ideas •Social & Other Business Conditions Influencing Community "Stickiness Factors" •Steps to take to stop "brain drain" of young people & professionals •Community Attachment Survey – target 4,500+ responses Proactively planning for what the "New Economy" will yield in terms of opportunities and changes to business environment •Half of 400 employee line in Corpus Christi •Account for almost 70 Million in taxes and fees over 10 years •In 2030 they pay $12 million in Industrial District PILOT and in 2031 it goes to $24 Million •In 2032 Cheniere will pay city of Corpus Christi $36 million annually Cheniere Corpus Christi facility Gulf Coast Growth Ventures: •1/3 of 700 employees live in Corpus Christi (GCGV Employee Data) •Account for almost $32 million in taxes and fees (net of expenses) over 10 years. •In 2030 GCGV pays $10 million in Industrial District PILOT and 2031 it goes to 20 million •In 2032 company will pay $30 million annually to the city of Corpus Christi Gulf Coast Growth Ventures Steel Dynamics Inc. (SDI):•50% of 2,000 permanent employees expected to live in Corpus Christi (Primarily Calallen) •Account for almost $7.5 million in extra taxes and fees (net of expenses) over 10 years Steel Dynamics Inc. Sinton, TX Thank you! Iain Vasey CEcD President/CEO Questions? DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 STAFF PRESENTER(S): Name Title/Position Department 1. Jeff H. Edmonds, P. E. Director Engineering Services BACKGROUND: In November 2013, City Council adopted amendments to the UDC relating to design standards. According to the UDC amendments, the City Engineer shall determine and issue the required design standards and installation criteria for public infrastructure and im provements. Those standards are referred to as the Infrastructure Design Manual (IDM). The IDM is to be published and administratively updated by the City Engineer according to the UDC. The IDM is a comprehensive design manual that sets standards for designing public infrastructure in City right-of-way. The IDM effort was initiated in March 2013, with publication of the Street Design Chapter but was never completed. An effort has concluded to consolidate the other design requirements for other elements such as water, wastewater and stormwater into a single comprehensive design manual with the following chapters. General Requirements (policies, references to UDC) Graphic Requirements (plan preparation/drawings standards) Storm Water Design Requirements Water Design Requirements Wastewater Design Requirements Street Design Requirements Traffic Signalization Design Requirements Street Lighting Median Landscaping Miscellaneous Engineering Services has involved local stakeholders including the Coastal Bend Home Builders Association and the Development Services Task Force and solicited input from them on the Street Design Standards, in particular. The new IDM will go into effect on March 1, 2022. There is no action required by City Council. Infrastructure Design Manual AGENDA MEMORANDUM City Council Meeting of January 25, 2022 January 25, 2022 City of Corpus Christi Infrastructure Design Manual 1 2 Infrastructure Design Manual In March 2013, CoCC took a step towards developing a comprehensive Infrastructure Design Manual. The manual was intended to expand upon and harmonize with the UDC. Intended to provide guidance to designers of all public sector infrastructure projects, both public and private. 3 Infrastructure Design Manual 4 Infrastructure Design Manual 5 Infrastructure Design Manual 6 Infrastructure Design Manual 7 Infrastructure Design Manual The current effort is intended to finish something that was started 8 years ago but never finished. The manual will mostly update, correct and address gaps in the current guidance. The Purpose of this manual is to create one cohesive document with all design criteria and standards to guide engineers in performance of their public infrastructure design work and help reviewers to approve public improvement plans. 8 Infrastructure Design Manual Listed below are the Design manual chapters General Requirements (policies, references to UDC) Graphic Requirements (plan preparation/drawings standards) Storm Water Design Requirements Water Design Requirements Wastewater Design Requirements Street Design Requirements Traffic Signalization Design Requirements Street Lighting Median Landscaping Miscellaneous 9 Engineering Director Closing Comments Engineering Services is publishing the manual on the City’s website The new IDM is proposed to be effective beginning of March 1, 2022 The new IDM be updated with the changes annually 10 Questions ?