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Agenda Packet City Council - 09/20/2022
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, September 20, 2022 11:30 AM Council Chambers 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 ingles es limitado, habra un interprete ingles-espanol 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 Guajardo to call the meeting to order. B. Invocation to be given by Associate Pastor Brandon Cunningham, Grace Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Emily Alba, Junior at Veteran's Memorial High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 22-1641 Staff Announcements: Drew Molly, Director of Water Systems and Support Services Wes Nebgen, Director of Water System Infrastructure 2. 22-1642 Bond 2020 Update and Bond 2022 Overview 3. 22-1643 Air Service to Denver Flight Activity Update 4. 22-1644 Stage 1 Drought Restriction Update City of Corpus Christi Page 1 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 5. 22-1645 Recognition and Farewell to Melissa Huffman, Warning Coordination Meteorologist for National Weather Service-Corpus Christi F. 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. G. BOARD &COMMITTEE APPOINTMENTS: 6. 22-1589 Corpus Christi B Corporation (4 vacancies) Corpus Christi Business and Job Development Corporation (4 vacancies) Corpus Christi Downtown Management District (9 vacancies) Library Board (4 vacancies) Reinvestment Zone No. 5 (BOCO) Board (5 vacancies) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 7 - 28) 7. 22-1591 Approval of the September 6, 2022 and September 13, 2022 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 8. 22-1499 Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the City, with a City match of$46,247.50 in fringe benefits and fuel expenses, with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. sponsors: Police Department 9. 22-1236 Ordinance amending sections 57-231, "Denial, suspension and revocation of permit-procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto City of Corpus Christi Page 2 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. sponsors: Police Department 10. 22-1559 Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of$127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. sponsors: Health Department Consent- Contracts and Procurement 11. 22-1505 Resolution authorizing the purchase of 15 chest compression units and 25 defibrillator units for the Fire Department in the amount of$272,536.25 and execution of a five-year maintenance agreement for $130,067.00 with Stryker Sales, LLC, of Kalamazoo, Michigan, with FY 2022 funding of $272,536.25 for the equipment purchase and $26,013.40 for the initial year of the maintenance agreement from the General Fund. sponsors: Fire Department and Finance & Procurement 12. 22-1565 Resolution authorizing a five-year agreement for the purchase of 15 replacement Lifepak cardiac monitors and two new Lifepak cardiac monitors, software licenses, and preventative maintenance services with Stryker Sales, LLC., of Kalamazoo, Michigan, for the Corpus Christi Fire Department in an amount not to exceed $1,344,900.00, with FY 2022 funding from the General Fund. sponsors: Fire Department and Finance & Procurement 13. 22-1485 Resolution authorizing the purchase of technology upgrades for audio and video distribution, web conferencing, and a multi-monitor video wall for emergency operations for the Corpus Christi Fire Department's Emergency Operations Center and a three-year service agreement with The Personal Computer Store, Inc., dba Avinext, of College Station, Texas, through the Interlocal Purchasing System Cooperative in amount of $349,411.68, with FY 2022 funding in the General Fund. sponsors: Fire Department and Finance & Procurement 14. 22-1500 Motion authorizing the purchase of a replacement playground unit with attached shade structure for Bill Witt Park from Game Time c/o Cunningham Recreation, of Charlotte, North Carolina, for a total amount of $100,283.49, with FY 2022 funding from the General Fund. sponsors: Parks and Recreation Department and Finance &Procurement 15. 22-0549 Resolution authorizing a one-year service agreement, with two one-year options, with Xylem Water Solutions USA, Inc., of Carrollton, in the amount of$629,700.00, with a potential amount not to exceed $1,889,100.00 if City of Corpus Christi Page 3 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 options are exercised, for the purchase of Flygt pumps, motors, and services for Corpus Christi Water, with FY 2022 funding of$104,950.00 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement 16. 22-0550 Resolution authorizing a one-year service agreement, with two one-year option periods, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, for an amount not to exceed $269,950.00, and a potential amount not to exceed $809,850.00 if options are exercised, for the purchase of Godwin pumps, motors, rentals, and services utilized by Corpus Christi Water, with FY 2022 funding of$45,000.00 from Water and Wastewater Funds. sponsors: Corpus Christi Water and Finance &Procurement 17. 22-1280 Motion authorizing a one-year service agreement, with two one-year option periods, with CSI Consolidated, LLC, dba AIMS Companies of Houston, for closed circuit televised inspection of large diameter wastewater lines in an amount not to exceed $526,028.75, with a potential amount not to exceed $1,578,086.25 if options are exercised, with FY 2022 funding of $87,671.46 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement 18. 22-1356 Motion authorizing a two-year service agreement, with three one-year options, with Scott Electric Company, of Corpus Christi, for on-call electrical services as needed at Sunrise Beach, Wesley Seale Dam, and Rincon Pump Station, in an amount not to exceed $97,625.00, with a potential amount not to exceed $244,062.50 if options are exercised, with FY 2022 funding of$8,135.42 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement 19. 22-1416 Motion authorizing a four-year service agreement with Juan C. Valdez, an individual doing business as Kingdom Sower's, of Corpus Christi, in an amount not to exceed $163,440.00 for pressure washing heavy equipment at the J.C. Elliott Transfer Station, with FY 2022 funding of$3,405.00 from the General Fund. sponsors: Solid Waste Operations and Finance &Procurement Consent- Capital Projects 20. 22-1039 Motion awarding a construction contract to JE Construction Services, LLC, Corpus Christi, TX, for the rehabilitation of Waldron Road from South Padre Island Drive to Purdue Road, with the replacement of select concrete panels and a complete concrete panel joint repair, in the amount of$2,290,539.00, located in Council District 4, with funding available from the Street Bond 2020, and FY 2022 Storm Water, Wastewater, Water, and Gas Funds. Sponsors: Engineering Services, Public Works/Street Department and Finance & City of Corpus Christi Page 4 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 Procurement 21. 22-1040 Motion awarding a construction contract to Mako Contracting of Corpus Christi, Texas for the reconstruction of Wildcat Drive, from FM 624 to Teague Lane, with new asphalt pavement and utility improvements in an amount of$3,269,820.07, located in Council District 1, with funding available from the Street Bond 2020 and FY 2022 Storm Water, Wastewater, Water and Gas. Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement 22. 21-0213 Motion authorizing Amendment No. 1 to a professional services contract with Plummer Associates, Inc. Corpus Christi, TX, to provide design, bid, and construction phase services for the ONSWTP Filtration System Hydraulic Improvements in an amount of$1,168,886 for a total contract value not to exceed $1,218,859, located in Council District 1, with FY 2022 funding available from Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement General Consent Items 23. 22-1618 Resolution supporting the candidacy of Mayor Paulette Guajardo for the position of President-Elect of the Texas Municipal League. Sponsors: Communications&Intergovernmental Affairs 24. 22-1630 Motion authorizing the City Manager to execute a two-year agreement for governmental relations services with Hance Scarborough for federal governmental relations services by Larry Meyers for$78,000 per year plus reasonable expenses. Sponsors: Communications&Intergovernmental Affairs 25. 22-1631 Motion authorizing the City Manager to execute a two-year renewal agreement for governmental relations services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in monthly expenses. Sponsors: Communications&Intergovernmental Affairs 26. 22-1577 Resolution ratifying the submission of a grant application to the U.S. Department of Transportation Federal Highway Administration under the Bridge Investment Program grant, for a total project cost of approximately $3,700,000 with a 10% city cash match in the amount of$370,000 and a 90% federal share in the amount of$3,330,000. Sponsors: City Manager's Office 27. 22-1578 Resolution authorizing an Interlocal Agreement with the participating Local Governments for Mutual Access to Cloud Library Digital Resources, provided by Bibliotheca LLC, to expand the Corpus Christi Public City of Corpus Christi Page 5 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 Libraries' (CCPL) digital media by sharing content with participating more than 50 Local Governments. Sponsors: Libraries 28. 22-0947 Resolution authorizing two management agreements for the American Bank Center, one with Global Spectrum, L.P. d/b/a OVG 360, for management of the facility, with an estimated annual base management fee of$144,000 adjustment annually and the possibility to earn additional incentive fees, and one with Ovation Food Services of Texas, LLC for the management of the food and beverage services at the facility with an estimated annual management fee of$240,000 each for an initial term of five years, beginning October 1, 2022, with an option to renew for an additional five years. sponsors: City Manager's Office J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEMS 29 - 31) 29. 22-1490 Case No. 0822-02 Corpus Christi Capital Group, LLC (District 1): Ordinance rezoning property at or near 6255 Interstate Highway 37, located along the east side of Corn Products Road, south of Interstate Highway 37, and north of Leopard Street from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. (Planning Commission and Staff recommended approval of the zoning change from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit) sponsors: Development Services 30. 22-1436 Ordinance authorizing a Wastewater Line License Agreement with NVA Doddridge Veterinary Management, Inc, ("Licensee") to install a private wastewater force main system through City property and easements for development of proposed Veterinary Clinic. sponsors: Development Services 31. 22-1387 Ordinance authorizing a Wastewater Line License Agreement with VLM Greenwood, LLC, ("Permittee") to install a private wastewater collection system through a public drainage easement for development of proposed office/warehouse project. sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: M. FIRST READING ORDINANCES: (ITEMS 32 -36) 32. 22-1477 Ordinance authorizing the acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of$6,011.00 to purchase City of Corpus Christi Page 6 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 Emergency Medical Services supplies and equipment for the Corpus Christi Fire Departments' Emergency Medical Services operations; and appropriating $6,011.00 into the Ambulance Grant Fund. sponsors: Fire Department 33. 22-1519 Ordinance authorizing acceptance of a grant from the State Farm Good Neighbor Program in the amount of$5,000.00 for the purchase of educational and preventative safety supplies for the Corpus Christi Fire Department's Fire Prevention Education Program; and appropriating $5,000.00 in the Fire Grants Fund. sponsors: Fire Department 34. 22-1572 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate an Emergency Connectivity Fund Grant from the Federal Communications Commission for FY2022-FY2023; appropriating $2,450,000 into the Library Grant Fund to provide hot spot devices for qualifying persons in the City of Corpus Christi; authorizing the City Manager or his designee to execute a contract with T-Mobile USA, Inc. to provide the wireless service plans and hot spot devices. sponsors: Libraries 35. 22-1582 Ordinance appropriating $125,000 from an increase in the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2022, through August 31, 2024 for activities to provide COVID-19 epidemiologic and surveillance response activities and laboratory response network activities; and amending the operating budget. sponsors: Health Department 36. 22-1596 Ordinance appropriating $24,100 from an increase in the Women, Infant and Children's Nutrition Program (WIC) grant for the period of October 1, 2021, through September 30, 2022; and amending the operating budget. sponsors: Health Department N. BRIEFINGS: (ITEMS 37 - 38) 37. 22-1516 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (The second quarter of 2022) sponsors: Chief Financial Officer 38. 22-1562 Update and Overview of the Coastal Bend Council of Governments sponsors: Communications&Intergovernmental Affairs O. EXECUTIVE SESSION: (ITEM 39) 39. 22-1608 Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Paye 7 Printed on 9/19/2022 City Council Meeting Agenda-Final-revised September 20,2022 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreements, including 380 agreements and/or development agreement(s) with entities that are considering the construction, expansion, and/or ownership of potential industrial facilities (including, but not limited to, HEP Javelina Company LLC, Howard Energy Partners, Net Zero Carbon One LLC, any entities at or adjacent to 5438 Union Street, and/or entities developing refining facilities for petrochemicals), agreements pursuant to Chapters 42, 212, or 380 of the Texas Local Government Code, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). P. ADJOURNMENT City of Corpus Christi Paye 8 Printed on 9/19/2022 CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Peter Zanoni, City Manager �p FROM: Michael Rodriguez, Chief of Staff COPY: Mayor and City Council; Executive Team v SUBJECT: Organizational Changes and Staff Announcements DATE: September 9, 2022 Organizational Changes Over the last several months, we restructured the Water Utilities Department to create three new director positions. The three newly created positions are Director of Water Systems and Support Services, Director of Water Production and Treatment, and Director of Water System Infrastructure. We hired two of the three new directors, as noted below, in August and they will start on Monday, September 12. Staff Announcements After conducting a local and national recruitment search, I am pleased to announce that we have hired Drew Molly, P.E., as Director of Water Systems and Support Services. Drew has over 16 years of experience in municipal government, leading numerous programs and services as they relate to water and wastewater operations. Drew most recently served as the Director of Drinking Water Operations for the City of Houston. In this position, he oversaw the City of Houston's water system and was responsible for over 600 employees, an Operations and Maintenance Budget of$180 million, and a Capital Improvements Plan Budget of$200 million. He worked for the City of Houston since 2006 and prior to his role as Director, he served as Assistant Director of Water Operations and Managing Engineer of Water Operations. In 2021, Drew served as the Chair of the Texas Section of American Water Works Association. Drew holds a Bachelor of Science in Civil Engineering degree from Texas A&M University — College Station. He maintains a TCEQ Class A Water Operator License. Please join me in welcoming Drew to our City of Corpus Christi team. We are also hiring Wesley Nebgen to Director of Water System Infrastructure. Wesley currently serves as Assistant Director of Water Utilities,where he is responsible for the management of over 200 employees and $20 million in capital improvement projects per year. His previous roles with the City include Water Superintendent and Water Resource Manager. He has 11 years of experience in municipal government overall, leading numerous programs and services as they relate to water and wastewater operations. Wesley holds a Bachelor of Science in Bioenvironmental Sciences degree from Texas A&M University --- College Station and a Master of Business Administration degree from Schreiner Page 2 of 2 Organizational Changes and Staff Announcements University. He maintains a TCEQ Class A Water Operator License and a TCEQ Class A Wastewater Operator License. Please join me in congratulating Wesley on his new position. The final organizational change is that Gabriel Ramirez, Assistant Director of Water Quality and Treatment, (who had been serving as Interim Director of Water Utilities) has resigned today Friday, September 9. In response to his resignation, we will conduct a local and national recruitment search to permanently fill the vacant assistant director. Andrew (Drew) Molly, P.E. 526 Hunters Den, Houston, Texas 77079 1 (281) 496-0284 Email: andrew—molly@hotmail.com OBJECTIVE To utilize my background in an executive management position responsible for drinking water and wastewater operations. OVERVIEW Accomplished leader, professional engineer, and licensed water operator with over 20 years of management experience for private companies, public entities, and over 15 years of local government experience. Demonstrated success in developing, prioritizing, coordinating, and managing annual operations and capital improvement budgets up to $150 million and $200 million, respectively, as well as supervising and motivating staff of various management, operational, and technical backgrounds. Proven success and track record implementing large projects like the current City of Houston Northeast Water Purification Plant Expansion Project ($1.8 Billion). Demonstrated progressive leadership by building solid and lasting relationships with key stakeholders, partners, regional water authorities, contractors, consultants, professional organizations, and other municipalities. EDUCATION B.S. Civil Engineering, 1998 1 Texas A&M University, College Station, Texas Member of Chi Epsilon National Honor Society EXPERIENCE CITY OF HOUSTON (2006— Present) 2017— Present I Director of Drinking Water Operations, P.E. • Manage the City of Houston's water system, including source water protection, treatment plants, groundwater wells, re-pump stations, water quality, regulatory compliance, transmission, and distribution systems. • Manage a diverse team of over 600 employees. • Oversee an 0&M budget of$180M, and CIP budget of$200M. • Responsible for a water system that provides safe, potable water to over 4 million customers across the greater Houston region. • Work closely with Wastewater Operations, and the Office of City Engineer. • Manage a third-party Contract Operator for the Greater Northeast Houston Service Area that involves both water and wastewater responsibilities. • Prepare and present budgets and CIP plans to Regional Water Authorities, and other regional agencies. • Engage with Houston City Council regarding various issues, including presentations and briefings. Page 1 of 3 • Subject matter expert for Drinking Water issues and have presented on various topics at the State Legislature. • Work closely with several raw water authorities, including Trinity River, San Jacinto River, and Coastal Water Authority. 2015—2017 1 Assistant Director, P.E. • Managed the City of Houston's three Surface Water Treatment Plants, which include the East Water Purification Plant (360 MGD); Northeast Water Purification Plant (80 MGD facility); and the Southeast Water Purification Plant (200 MGD). • Responsible for 150 FTEs, and a budget of$50MM. • Served as the Operations and Maintenance (O&M) advisor for the $1.8 billion dollar 320 MGD expansion project. • The 320 MGD expansion project is being implemented through a progressive design-build delivery model, and is currently the largest water treatment plant project in the world. • Actively participate in stakeholder meetings, design development, and procurement selection. Provide significant input into the design, and procurement aspects of the project so that a best-in-class facility is constructed. 2009 - 2015 1 Managing Engineer, P.E. ➢ Plant Manager - (November 2009-2015) Managed the Northeast Water Purification Plant (80 MGD facility); responsible for a team of 30 people with the following specific functions: • Operations teams, which includes staffing the facility 24 hours per day, 365 days per year. • Maintenance teams, which includes electricians, mechanics, and SCADA technicians. • Oversight of professional staff tasked to track budgets, performance measures, and asset management systems. • Writing, developing, and managing contracts for numerous O&M projects, including a $7.5 MM sludge dewatering contract with Denali Inc. • Coordinating with COH Departments, including Legal to develop and execute new contracts and mitigate contractual disputes. • Health, safety and security of all personnel within the treatment facility. • Interaction with key customers that include North Harris County Regional Water Authority and Houston Airport Systems. • Developing project scopes for CIP projects; performing design review and coordination with ECD during preliminary engineering and design phases; and participating in construction phase by attendance at construction progress meetings, and performing periodic inspections. 2006—2009 1 Supervising Engineer, P.E. ➢ Water Quality Manager- (July 2006—October 2009) Managed a group of 25 employees that were responsible for the following functions: Page 2 of 3 • Regulatory sampling and compliance; developed and implemented a water quality response plan to rescind a Boil Water Notice after Hurricane Ike. • Implemented and managed system maintenance functions to improve water quality conditions. • Coordinated with Public Works leadership team to troubleshoot, and respond to water quality issues from City Council or the Mayor's Office. • Provided technical support to coordinate, justify, and implement critical DWO CIP projects. Participated as DWO representative in monthly CIP project meetings to update status of DWO projects to other division stakeholders. Weston Solutions 1999—2006 1 Project Manager/Project Engineer (P.E.) Seven (7) years of construction management and engineering experience in various aspects of civil engineering, including: • Management of capital projects for Federal and Industrial Clients; proposal preparation, work plan preparation, sampling and analysis plans, quality assurance plans, and technical reports. • Preparation of plans and specifications for the construction of industrial water treatment plants. • Field implementation, QA-QC review and construction oversight, including H&S responsibilities and managing subcontractors for remediation projects. MARSCO INC. 1998— 1999 1 Geotechnical Engineer (EIT) One (1) year of engineering experience in the geotechnical engineering industry, including: • Extensive travel throughout the Gulf of Mexico to conduct offshore soil investigations and evaluation of soil properties. • Development of engineering parameters and performance of design calculations to evaluate and recommend foundation conditions for future offshore construction projects. Additional Training/Key Presentations • Presented numerous papers at national and state wide AWWA conferences. • Maintain a Class A Water License. Professional Affiliations/Interests/Awards • 2021 Chair of the Texas Section of American Water Works Association (AWWA) • 2020 Vice Chair of the Texas Section of American Water Works Association (AWWA) • Interviewed by CBS National News in September 2017 for Hurricane Harvey Response • 2017 Recipient of Engineering News Record (ENR) of 25 Newsmaker • Young Professional Engineer of the Year in 2011 — Houston Chronicle • Past president - Southeast Chapter of the Texas Section of AWWA and Trustee. • Nominated for Houston's Engineer of the Year by Southeast Chapter of TAWWA Page 3 of 3 BOND 2020 UPDATE BOND 2022 PROGRAM OVERVIEW SEPTEMBER 20, 2022 BOND 2020 PROGRAM STATUS • Passed by voters with a 70% Voter Approval Rating • 42 Projects: 0 19 projects are scheduled to be completed by the end of 2022 0 6 projects will enter construction by December 2022 0 15 projects are scheduled to begin construction by March 2023 0 2 projects are pending coordination with TxDOT BOND 2020 PROGRAM STATUS OVERVIEW 2020 Bond Program Status Summary By Phase dapleted ®Construction■ Design ■pre-Design Completed 3 Construction 16 Des ugn 23 Pre-Design 0 GRAND TOTAL 42 ti 5 . _rte �t Bond 2022 Program Overview '' BOND 2022 PROJECT SUMMARY Number of Total Allocation Total Allocation Proposition Projects Streets 15 $92.51VI 74% Parks 11 $20M 16% Public Safety 5 $10M 8% Library 1 $2.51VI 2% Total 32 $125M 100% Bond 2022 can be accomplished with no city property tax rate increase 5 SPECIAL ELECTION • Will be held in concurrence with the General Election o November 8, 2022 Election Date • Presents a GO Bond for public consideration • Ballot will contain four propositions: o Proposition A — Streets o Proposition B — Parks and Recreation o Proposition C — Public Safety o Proposition D — Libraries CONCLUSION For more information, please visit- www.cctexas.com/bond2022 CC_.00 Alm Corpus Christi International Airport ZQU L, mest Ai rrirticzy� Denver Direct Flights September Executive Summary Denver (DEN) Direct Flights • CCIA and Southwest Airlines (SWA) had been in discussion since regarding new airline service to DEN. • SWA officials visited CC, TX from Sept. 8-10, 2022. • SWA presented CCIA with new direct flight option for CCIA to DEN from Sept. 06- Nov. 4, 2022. • New direct flight is a testing period to determine potential future flights- direct and possible non-stop. CrI A Corpus Christi ��w International Airport SouthwestNight SWA Itinerary C(Wj A • 5 total members _.��. • Met with SWA 4k� �` �. '�" • Met Visit CC CEO `�' ��, � "'"�.o�� • Hudson Hadd, � ' ` + A� � '' � ,_ 9 Analyst threw 15t pitch "� �� • Stayed at Omni Hotel �`; Corpus InternationalAirport Social Media Marketing DIRECT DENVER FLIGHTS fl h O AvL BEGINS NOW UNTIL NOVEMBER 04, 2022 o , Cjrj3O F�yA Corpus Christi 10 o..._.._„_.._.. ./;�AdFlft International Airport Cri A Corpus Christi ��w International Airport Social Media Marketing Cont. Dorc cit Flights : . Now until Friday,November 4,2022 Flight details: . Flight:WN#712 • Departs CCIA:Og 11:05 a.m. • Arrives in Denver:ga 2:35 p.m. • Stops:in HOU-no plane change • When: Monday-Friday i i #flyccia � r Corpus Christi www.corpuschristiairport.com Fly A��..� International Airport Cel A Corpus Christi .i miw International Airport Next Steps Once trial period ends, SWA will compile data and report back to CCIA. • Determine continuing direct flights, possibly consider adding non-stop options. We highly encourage local organizations to take the Fly Local Pledge and represent our city's demand for additional flight options at CCIA. www.corpuschristiairport.com/pledge Cel A Corpus Christi .i miw International Airport Corpus Christi Watersm Serving the Coastal Bend Update on Water Restrictions Corpus Christi City Council September 20, 2022 STAGE s WATER RESTRICTIONS Watering With irrigation ors rinkLers aLLowed ' one day per week on your trash day With no T Watering on that day between io:ooam - 6:oopm • Citations for not following Stage i water restrictions will be issued • Citations could result in fines up to $500 per violation per day • Enforcement wiiLL include nights and weekends • To report water violations, caLL 311 1 • Stage 1 Water Restrictions may be lifted when the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir rises above 50% • When Stage 1 Water Restrictions are lifted, the community will be notified • Water conservation is a 365-day effort • Turn off the faucet while brushing teeth or shaving • Only run full loads in the washer and dishwasher • Water landscaping only three days a week • Plant xeriscape and drought-resistant shrubs and flowers • Fix leaking pipes, faucets and toilets • Install water efficient fixtures, toilets and appliances CORPUS CHRISTI B CORPORATION Four(4)vacancies with terms to 9-30-2024.(Historically,the same persons serve on both the Type A&8 Corporations). Duties The Corpus Christi B Corporation administers the proceeds of the Type B sales tax,initiated in 2018,with the use of the proceeds for:(1)50%for economic development,specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law;(2)up to$500,000 annually on affordable housing;and(3)the balance of proceeds to be used for construction,maintenance and repair of arterial and collector streets and roads. Composition The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council.The terms of the directors shall be two years expiring on September 30.Directors may be appointed to succeed themselves.No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term.Once a director has served for a total of six consecutive years,unless an exception under the City Charter applies,his or her term shall immediately expire and his or her position shall become vacant.Three directors must be persons who are not employees,officers or members of the City Council of the City of Corpus Christi.Each director must be a resident and qualified elector of the City.Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation(CCBJDC).If a Director serves on both the Corporation's board and the CCBJDC's board,the expiration of the Director's term on the Corporation's board shall coincide with the expiration of his/her term on the board of the CCBJDC.The City Council may appoint a City Council member as a non- voting liaison to the corporation for purposes of facilitating communication between the City Council and the board. Creation/Authority Meets Member size Term length/limit Liaison Resolution No.031343,1/23/18;Motion No. 3rd Monday of every month at 1:30 7 2 years/6 years Heather Hurlbert 2018-082,5/15/18;Resolution No.031513,8/21/18. p.m.,City Hall-Council Chambers Name District Term Appt.date End date Appointing Authority Position Status Attendance Leah Pagan Olivarri District 4 2 11/14/2017 9/30/2022 City Council Seeking reappointment 8/9 meetings-89% Diana Summers District 2 1 8/13/2019 9/30/2022 City Council Secretary Seeking reappointment 7/9 meetings-78% Robert Tamez District 5 2 7/24/2018 9/30/2022 City Council Vice-President Seeking reappointment 9/9 meetings-100% Met the six-year service Lee A.Trujillo District 3 3 10/10/2017 9/30/2022 City Council President limitation Scott M Harris 1 District 1 13 10/10/2017 9/30/2023 lCity Council I jActive John Valls I District 5 13 12/12/2017 9/30/2023 ICity Council I jActive Alan R Wilson I District 5 12 10/1/2019 9/30/2023 ICity Council I jActive 9-20-2022 CORPUS CHRISTI B CORPORATION Applicants Name District Status *Carl E. Crull District 5 Applied **Jesus J.Jimenez District 5 Applied Michelle C. Lozano District 2 Applied Leah Pagan Olivarri District 4 Seeking reappointment Chris A. Pena District 5 Applied Kimberly Shick District 1 Applied Diana Summers District 2 Seeking reappointment Robert Tamez District 5 Seeking reappointment *Unopposed candidate for Del Mar College Board of Regents. Not required to forfeit position if appointed since, not a city board. **Serves on the Capital Improvements Advisory Committee. Will resign if appointed. CITY OF CORPUS CHRISTI Submit Date: Nov 23, 2021 Application for a City Board, Commission, Committee or Corporation Profile Carl E Crull First Name Middle Initial Last Name Email Address 8025 Villefranche Dr. Street Address CORPUS CHRISTI TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r- No If yes, how many years? 42 Mobile: (361) 816-5773 Home: (361) 993-4888 Primary Phone Alternate Phone Crull Engineering, LLC Owner Employer Job Title Work Address- Street Address and Suite Number 8025 Villefranche Dr. Work Address- City CORPUS CHRISTI Work Address- State TX Work Address- Zip Code 78414 Work Phone 3618165773 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Planning Commission (Term limited as of 7/31/2020) Education, Professional and/or Community Activity (Present) B.S. Civil Engineering, University of Missouri 1971 MBA Corpus Christi State University(now TAMUCC) 1982 Regional Water Planning Group, TAMUCC Engineering Advisory Council, Rotary Club If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Port Authority Why are you interested in serving on a City board, commission or committee? To continue to serve the community and to continue in contribute to its continued growth and prosperity. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No rnrl P rri SII No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a (`!arl G (`ri ill Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W None of the above\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes (-. No Verification ('nrl r ('ri ill City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`�rl G (1n SII Mr. Crull's experience includes Municipal and Consultant Engineering, Engineering Management, and City Management. In Kansas City, MO, he worked for the City of Kansas City Engineering Division—Storm and Sanitary Sewer, Subdivision Review, Construction Management, and Streets&Structures divisions; and served in the 110th Combat Engineers Battalion, Missouri National Guard. Seeking a faster career path and warmer weather, in 1979 he relocated to Corpus Christi, EDUCATION Master of Business Admin, where he first was employed by the City of Corpus Christi as Chief Design Engineer. Business Promoted to City Engineer(1987), he moved up to Assistant City Manager—Public Administration/Mgmt. Texas Works&Utilities (1994), managing 11 City departments with 1100 employees. A&M University- Significant projects during his tenure include permitting, construction and opening of a Corpus Christi, 1982 2200-acre regional sanitary landfill; permitting, design and construction of the 104-mile, 64-inch diameter raw water Mary Rhodes Pipeline,from Lake Texana to Corpus Christi, Bachelor of Science, Civil augmenting regional water supply. (Water delivery began 24 months after project Engineering, University of authorization,fast-tracked by severe drought nearly depleting storage in two existing MO Columbia. 1971 reservoirs.) He also helped acquire additional water rights from the Lower Colorado River, and construction of Mary Rhodes Pipeline Phase II. REGISTRATIONS Professional Engineer, In 1999, Mr. Crull joined HDR Engineering as Vice President and Manager of the small Missouri, United States, No. Corpus Christi office, successfully diversifying HDR's local services and increasing area E-16751 Issued: 01/01/1976, client base. In 2005, he originated acquisition of Shiner Moseley Associates, a large local firm with port and marine structures, and coastal engineering specialties,significantly Professional Engineer: Texas, United States, No. increasing HDR's capabilities in the South Texas region and coastal United States. 46706 Issued:01/16/1980, During this period of company-wide acquisitions, HDR, Inc. became a larger national,then global engineering and architecture company. He retired as Marketing Director in 2016. In 2016, Mr. Crull formed Crull Engineering, LLC to continue providing quality consulting PROFESSIONAL engineering and program management services to the community and area. MEMBERSHIPS American Society of Civil Mr. Crull has a wealth of experience in municipal water(supply, treatment and distribution) Engineers (ASCE), Member systems,wastewater(collection and treatment)systems, storm drainage systems, streets, National Society of airport, public buildings, and marina facilities. He also has experience in the Professional Engineers administration of city land use ordinances (platting and zoning). He enjoys excellent (NSPE),Texas Society, working relations with numerous organizations including regional cities, Nueces and San Member Patricio Counties,Texas Department of Transportation, Texas Commission on Environmental Quality, Port Corpus Christi, FAA, EPA,Texas Water Development Board, HONORS Nueces River Authority, a broad base of community leaders and consulting firms. Nueces Chapter TSPE Engineer of the Year 1998 He currently serves on the City of Corpus Christi Planning Commission (City Council Univ. of MO Distinguished appointment);TWDB Region N Water Supply Planning Group; Texas A&M University- Civil Engineering Alumni Corpus Christi Engineering Advisory Council; member of TAMU-CC and Texas State 2010 Aquarium President's Councils; Downtown Rotary. Previously served on United Way of Coastal Bend Board (12 years,4 as Treasurer), University of MO Engineering Alumni Board (6 years)and Texas Council of Engineering Companies Board (4 Years) Contact Information Carl E.Crull, P.E. 361-816-5773 (mobile) 8025 Villefranche Drive 361-993-4888 Corpus Christi, TX 78414 1 CITY OF CORPUS CHRISTI Submit Date: Aug 26, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jesus J Jimenez PE First Name Middle Initial Last Name Suffix Email Address 6925 Wind_y Creek Dr Street Address - Corpus Christi TX 78414 City State Postal Cade What district do you live in? W District 5 Current resident of the city? Yes r No If yes, how many years? 22 Business: (361) 826-5805 Mobile: (361) 385-0385 Primary Phone Alternate Phone International Consulting Engineers (ICE) President/CEO Employer Job Title Work Address - Street Address and Suite Number 261 Saratoga Blvd Work Address - City Corpus Christi Work Address- State TX Work Address-Zip Code 78417 loci rc l limono-7 Drz Work Phone 3618265805 Work E-mail address JJQa icengineers.net Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Capital Improvements Advisory Committee Education, Professional and/or Community Activity (Present) BSCE- Civil Engineering TAMUK MSCE-Civil Engineering TAMUK President of the Robstown Area Development Corporation Previous Building Standards Board Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi B Corporation Currently member of Capital Improvements Advisory Committee(will step down if selected for B Corporation) Why are you interested in serving on a City board, commission or committee? Yes, Corpus Christi B Corporation Upload a Resurne Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No loci is 1 IiMOMQ7 DG No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) loci is 1 limnno-7 DG Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes r No Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? • Development • Building Industry\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes t: No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree loci is 1 limono-7 DG City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 11Zc1 is 1 limOn07 DG KEY PERSONNEL RESUME JESUS J. JIMENEZ, P.E., CFM Phone: 361.826.5805 Fax: 361.826.5806 Email: IiC�icengineers.net EDUCATION Texas A&M University Kingsville, 2004 Master of Science, Civil/Structural Engineering Texas A&M University Kingsville, 2000 Bachelor of Science, Civil Engineering REGISTRATIONS/CERTIFICATIONS Licensed Professional Engineer State of Texas, No 100765 j State of New Mexico, No. 18389 Texas Dept.of Insurance Certified Windstorm Inspector AFFILIATIONS American Society of Civil Engineers(ASCE) National-Member ASCE Corpus Christi Chapter-Past President ASCE Corpus Christi Chapter-Section Director - -- - National Society of Professional Engineers(NSPE)- Member Texas Society of Professional Engineers(TSPE)- Member TSPE Corpus Christi Chapter-Vice President Structural Engineering Institute(SEI)-Member City of Corpus Christi-Building Standards Board Committee Vice-Chair Texas A&M University-Kingsville Civil&Architectural Engineering Advisory Board Committee Member Uniform Development Code(UDC) Infrastructure Requirements Committee Member PROFESSIONAL EXPERIENCE Mr. Jesus J.Jimenez, P.E.., is a Structural Engineer with over Nineteen (19)years' experience providing complete engineering services for the design, analysis, inspection, and evaluation of structural systems. Mr. Jimenez has been in charge of structural analysis, design, construction supervision and inspection of many commercial and industrial facilities including vessel supports, pipe supports, platforms, cranes, monorails and access ways. Mr. Jimenez offers comprehensive, technical expertise with respect to design/coordination of numerous commercial, industrial, and marine structural projects consisting of shopping centers, office buildings, schools, hospitals, warehouses, ship docking facilities, structural analysis of highway bridges, cranes, and piping structures, general civil/structural design, and safety inspection and modification of bridges. In his professional capacity, Mr. Jimenez has successfully performed numerous facility projects that required the implementation of ADA design guidelines and compliance. Clients for these projects include the following: RTA, Nueces County, The City of Corpus Christi, Architects Ferrell/Brown, Richter, BMST, among others, Port of Corpus Christi Authority, CITGO Refining (Corpus Christi), CITGO Refining (Lake Charles LA), Anteon Corporation, Gulf Copper Ship Repair, and Gulf Compress. Mr. Jimenez is proficient in many computer programs including STAADPro, Lpile5, RAM, RISA Baseplate, IES Quickwall, and more. KEY PERSONNEL RESUME KEY REPRESENTATIVE PROJECTS NAS Corpus Christi—DHS Parking Apron Recapitalization Project—Project Engineer I Project Manager for the engineering and design of the removal and replacement of approximately nine (9) acres of existing asphalt and replace with twelve (12) inch unreinforced 650 flex concrete. Scope of work also included the implementation and routine inspection of the storm water pollution prevention plan, as well as construction and quality control inspections. Project Cost: $3,500, 000 I Staples Street Bridge Widening over IH-37 - Structural and civil design of widening of existing overpass bridge. The project involved construction of two additional lanes and 8 foot wide pedestrian walks in each direction. Structure system consists of cast-in-place concrete deck supported on precast, pre-stressed concrete beams transferring load to intermediate cast-in-place concrete bents. Bents were supported on drilled shaft piers. Prepared traffic plans for IH-37 and Staples Street traffic. Liveable Communities Initiative—worked on projects designed to link the communities to transit and create a pedestrian friendly environment with greater accessibility through improved sidewalks, crosswalks, medians and landscaping. Furthermore, the designs promote a safer environment through an unrestricted, but slower flow of traffic. These projects are funded program by the Federal Transit Administration and administered under the Transportation Enhancement Program. Kinney Street Bridge Replacement-This project included the demolition and replacement of the existing Kinney Street Bridge, constructed in 1912. The existing concrete retaining wall was removed and replaced with new soil anchored walls. This project also included new drainage structures, concrete ditch lining, the acquisition of a permanent utility and construction easement and traffic control plans. i Corpus Christi Convention Center Expansion — Furnished structural engineering services consisting of structural design and construction inspections to the convention center and auditorium expansion project in Corpus Christi, TX. Project Cost: $26,000,000 i Del Rio Middle School—Furnished complete structural engineering services including engineering, design, and inspection for a new middle school facility for the San Felipe Independent School District in Del Rio, TX. Project Cost: $18,000,000 Del Mar Health Science Center — Project Engineer for the development of five multi-storie buildings located at the Del Mar College West Campus. Project included all structural design including foundation design in conformance with project geotechnical investigation report. The new structure was developed to promote a new Health Science department for the college. Project Cost: $31,300,000 Del Mar College Public Safety Complex- Furnished structural engineering services for the design and construction inspection of a Public Safety Education and training facility that consisted of five buildings. This project included a fire and repelling tower for fire fighter training. Project Cost: $11,000,000 KEY PERSONNEL RESUME Nueces County, Nueces County Library — Project included complete structural inspections and engineering services for a 16,000 sq.ft.steel structure. Responsibilities included providing field reports and structural analysis of miscellaneous structural components as well as review of submittals, project scheduling and construction meeting attendance. Project Cost: $5,500,000 Beeville Elementary School — Project Engineer for a new elementary school for the city of Beeville Texas. The structural design included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as Concrete Masonry Units (CMU)walls or metal stud wall system. Project Cost: $3,800, 000 Beeville High School Improvements—Project Engineer for the design and engineering of an addition/expansion of the Beeville AC Jones High School. The structural design items included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as CMU walls or metal stud wall system. On site Construction inspections were also provided for this project. Project Cost. $6,000,000 Del Mar College Early Childhood Learning Center - Provided structural engineering and construction inspection services for a new early child learning facility at Del Mar East Campus in Corpus Christi,Texas. Project Cost: $5,800,000 Del Mar College Central Kitchen Facility-Furnished structural and civil engineering services for a new central kitchen with loading docks located at Del Mar West Campus in Corpus Christi,Texas. Project Cost: $1,100,000 Harte Research Institute-Furnished design services for all infrastructures for a new Marine Research Building for Texas A&M University Corpus Christi. Project Cost: $13,500,000 City of Corpus Christi, 367 48" Diameter Gravity Line and Resaca Lift Station - The scope included design of 40 MGD wastewater lift station and large size gravity lines. It also included installation of new mechanical bar screen and a manual bar screen at the Broadway WWTP j headworks. Resaca LS and the new gravity lines were constructed to minimize overflows in the Broadway Basin's Service Area Project Cost: $621,000 I Joe Fulton International Trade Corridor Port of Corpus Christi Authority-Member of design team for project consists of designing seven (7)miles of new road, road bridges, new railroad, new drainage system as well as improvements to the existing drainage system, new utilities installation, and field 1 inspections. Project Cost: $ 18,500,000 McArdle Road Phase III Project for the City of Corpus Christi—Member of design team for project that consisted of 2850 LF of new 62' back to back roadway section. Responsiible for all new infrastructure improvements, field inspections, and ADA compliance, project cost analysis and drainage analysis Project Cost: $2,300,000 KEY PERSONNEL RESUME IL City of La Villa Master Transportation Plan - Responsible for the creation of a Master Transportation Plan to develop programs which are adequate for long term traffic solutions and urban development. This plan sets street development standards, connects automotive and pedestrian traffic, as well as improves safety, quality of life, and air quality. A right-of-way map for future improvement was created with roadway sections to accommodate vehicular, pedestrian, and j bicycle traffic. Hidalgo County Drainage District No. 1: Levee Improvements — Project consists of levee improvements to existing flood control structure in order to obtain certification by the International Boundary Waters Commission (IBWC) and the Federal Emergency Management Agency (FEMA). Improvements consist of building-up approximately 17 miles of existing levees to obtain adequate free board and provide suitable level of protection. The improvements were consistent with the U.S. Army Corps of Engineers:Design and Construction of Levees Engineering and Design Manual. Project Cost: $300,000,000+ Yoakum Pershing Square- Member of design team for the Yoakum Pershing Square Project for the City of Yoakum, Texas. Project consisted of revitalizing downtown's main street. Responsibilities included improving traffic flow, design of new parking areas, new sidewalks and pavement, utility relocation,and ADA compliance. A Project Cost: N/A Cimarron Phase I— Member of design team. Project consisted of expanding a two-way single lane high traffic street into a four-lane with turning lanes from Bison Street to the intersection of Yorktown Boulevard, relocating utilities, new gas lines, acquiring right of way for the expansion, and new driveways. Responsabilibes included project management, cost estimates, and recommend traffic control requirements. The project's major challenge was an elementary school with entrance/exit right along Cimarron Street;traffic control was very important. Project cost $9,800,00.00. Cimarron Phase II — Member of design team. Project consisted of designing a second phase expansion to Cimarron from Yorktown Boulevard to Saratoga Boulevard. Project included new utilities, utility relocation, right-of-way acquisition, new gas lines, project driveways, cost estimates, and traffic control Project cost: $5,700,000 Whataburger Field - Member of design team for the BallPark Offsite Utility Improvements. Projects { consisted of revitalizing existing conditions, improving surrounding streets such as Tancahua and Port Ave. Responsibilities included cost estimate for project, project management as well as design of new drainage system, new driveways, new parking areas, new sidewalks and pavement, improving traffic flow, and new utilities. Project cost: $27,000,000 Upriver Road — Member of design team for the upriver road. Project consisted of revitalizing and expanding the existing street,new utilities,cost estimates,and project management. Project cost: $ 10,100,000 Del Mar College - Member of design team for the Del Mar College entrance guard shack. Project consisted of designing a traffic control island with a security guard shack, rerouting electricity and plumbing to the new building,project management,and traffic control management. Project Cost: N/A KEYPERSONNELRESUME Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design and inspection of a Cathodic Protection System as well as project management. Project Cost: $ 1,270,000 CITGO, Lake Charles, Louisiana: Completed "B" Dock Project Screen and Evaluation Study. Our scope included analyzing existing bulkhead stresses after discounting the corrosion losses to determine urgency of bulkhead replacement/rehabilitation requirements. In addition, review of feasibility study prepared by others was performed. Alternative solutions were prepared with detailed economic analysis. Project also consisted of the design of a steel crane structure to support oil tankers connection lines and associated pipping. i Project Cost: $6,000,000.00 Patriot Crane—PC3000 Crane Design Performed the structural design and analysis of a Crane consisting of 100ft boom length, 48 inch diameter Kingpost, Machinery Platform, Front rollers and padeyes, main frame section, boom-heel section complete with winch mounting foundation proofing. Crane final destination was China. Design was in conformance with API-2C—6t'Edition. CITGO - Pipe Rack Structural Investigation: Performed a computer model and finite element analysis of a series of pipe racks located within the CITGO Corpus Christi plant. The purpose of the analysis was to determine the adequacy of existing racks and recommend corrective measures to ensure that the pipe racks conform with CITGO design standards. 1 EI Paso Pipeline Group—Steel Skid Framing: This project consisted of the design of a steel skid for the Station 27 Turbine Exhaust Gas Recuperator Heat Exchanger Replacement Project. Designed and prepared a computer model and performed a finite element analysis of the structure as well as design drawings and specifications. Anteon Corporation, Heavy Weather Plan Analysis: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conditions. Calculations were performed for eight layouts."Portside to". "Starboard Side To",and "Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No. 009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost: N/A Gulf Copper Ship Repair, Inc.: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conditions. Calculations were performed for eight layouts. "Portside to". "Starboard Side To", and "Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No. 009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost: N/A KEYPERSONNELRESUME Gulf Compress—Cotton Storage Warehouse Design Provided engineering services and performed an economic analysis for the construction of 13 warehouse buildings. The overall design included four (4) Truck Dock/Rail warehouses and nine (9) Standard storage buildings with a combined footprint of over 600,000 sq.ft. Project Costa $13,000,000.00 Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design of a Cathodic Protection System and project management. Project Cost: $1,300,000.00 Port of Corpus Christi Authority, Cruise Ship Terminal, Corpus Christi, Texas: Completed a Phase I Engineering Design for modifying an existing dock facility above water. Work included design of new building and modifying an existing building. Project Cost: $6,200,000.00 Port of Corpus Christi Authority, Cargo Dock#2, Corpus Christi, 7X:- Performed evaluation and prepared a construction package for dock rehabilitation and fender improvements project. The project consisted of the rehabilitation of a 34,000 square feet concrete dock structures originally built in 1920. The existing seventy-year-old concrete structure was repaired using shotcrete and a new rubber fender system was installed to receive 30,000 DWT Cruise Ships. Project Cost. $670,000.00 CITGO,Docks 1,2,3,6,7,&8 Corpus Christi,Texas: Performed a complete inspection,above and below water,of the CITGO dock facilities on the Corpus Christi Ship Channel. The inspection included Umber, steel, concrete main dock, timber approachway, timber pipe racks, steel barge fendering system, concrete & steel breasting and mooring structures. All of the docks were in a deteriorated state and required repair and/or replacement of numerous components. A diving contractor was hired to perform the underwater portions of the inspections. Once each facility had been inspected a report was compiled that documented all deficiencies both above and below water. All items in need of repair or replacement were grouped by priority. Some items were determined to need immediate action, within 3 to 6 months, while other items could be addressed within 18 months. Recommendations for repair were made for every item noted item and cost estimates were provided for each priority group. Project Cost: $1,800,000.00 Port of Corpus Christi Authority, Oil Dock 8, 9, and 10, Corpus Christi, TX: Provided complete engineering and field inspection services. Work consisted of extensive concrete and steel rehabilitation,sacrificial cathodic protection system installation,and barge fendering system installation. Project Cost: $800,000.00 t CITGO Dock#3, Corpus Christi, TX: Was responsible for numerous rehabilitation and improvement projects in the past. At CITGO's request numerous periodic inspections were performed to determine walkways, approachway and breasting structure conditions. Recently completed Approachway, Walkway and Breasting Structure Fendering System Rehabilitation Project. Project Cost: $223,000.00 Port of Corpus Christi Authority, Oil Dock 4 and 7, Corpus Christi, TX: Upgrade of existing deteriorated concrete docks with extensive concrete repairs and sacrificial cathodic protection. Project Cost: $450.000.00 KEY PERSONNEL RESUME Port of Corpus Christi Authority, Oil Docks 4 and 7, Corpus Christi, TX, - Complete engineering design of new mooring structure involving alternate design of monopile and 9 pile structure. Work also involved replacement of existing deteriorated pipe supports. Project Costa $380,000.00 CITGO, Koch Ship Dock#2, Corpus Christi, Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock, pipe support structures, breasting structures and mooring structures, and also shallow sheet piling shore protection system. Project Cost: N/A CITGO, Koch Barge Dock#1,Corpus Christi,Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock and related marine structures. Project Cost: N/A CITGO, Lake Charles, Louisiana: Completed Barge Dock Rehabilitation design work. Design included relieving platform installation,concrete repairs and sheet piling reinforcement work. Project Cost $180,000.00 CITGO, Dock #3, Corpus Christi, Texas: Completed Feasibility Study of three alternative shore protection systems namely steel sheet piling and rock rip-rap. Performed detailed economic analysis as well as worked on detailed engineering design on the selected alternative design. Project Cost: $500,000.00 CITGO, Lake Charles, Louisiana: Completed existing dock condition survey and feasibility study for "A"Dock Rehabilitation Project. Project Cost. $3,250,000.00 CITGO, Dock#8, Corpus Christi, Texas: Completed inspection and design work for the repairs of the breasting structures. Our scope included an assessment report of the damage sustained to the breasting structures including preliminary construction cost estimates, and finally preparing a full detailed design construction package. Project Cost: $100,000.00 Port of Corpus Christi Authority, Oil Dock 4, 7, and 11, Corpus Christi, TX: Design work for mooring system improvements around Avery Point Turning Basin. Total of 8 new mooring structures were added at the three adjacent docks. Prior to final design work,a system analysis study was completed in order to justify need and location of structures to minimize vessel drift magnitude at the most narrow section of the ship channel. Project Cost: $1,200.000.00 i i i KEY PERSONNEL RESUME i ADDITIONAL PROJECT EXPERIENCE -A.C.Jones High School Expansion,Beeville Texas i ■Cameron County—Post Hurricane Disaster Recovery Operations Damage Assessment Team Member ■CITGO-#4 Platformer chlorsorb facilities ■CITGO-#5 Platformer chlorsorb facilities ■CITGO—GHT Depentenizer Modifications -City of Corpus Christi—Greenwood Plant Digester Covers I ■City of Corpus Christi—Post Hurricane Disaster Recovery Operations Damage Assessment Team Member I -City of Corpus Christi—Resaca Liftstation -Corpus Christi-New Oak Park Elementary Structural Design ■Flint Hills—Fort Worth Terminal -Flint Hills—Cumene PP Feed Conditioning Air Cooler Structure Area ■Flint Hills—New Coalescer Supports ■Flint Hills—Ingleside Terminal Pier&Dock Renovation ■HEB-Tortilla Factory Addition ■Mustang Engineering-#1 FCCU Reactor/Regenerator Foundation ■NAS Corpus Christi—Mine Warfare Training Center ■Port of Corpus Christi-Solomon Ortiz Center Water Taxi Landing d. ■Southwest Marine Ship Repair-Heavy Weather Plan Analysis j -Sun Spree Resort-Windstorm Inspections ■TxDot Corpus Christi-I.T.S.Facility Structural Design ■Tyler Elementary Structural Design,Beeville Texas i REFERENCES References are available upon request. CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2022 Application for a City Board, Commission, Committee or Corporation Profile Michelle C Lozano - First Name Middle Initial Last Name Email Address 4823 Ocean Drive Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? " W District 2 Current resident of the city? r Yes r No If yes, how many years? 2 Mobile: (956) 355-5845 Business: (361) 371-8933 Primary Phone Alternate Phone Oceans Behavioral Hospital of Corpus_ Christi - -__ Chief Executive Officer Employer Jan Title Work Address -Street Address and Suite Number 600 Elizabeth, Bldg. B 5 East Work Address- City Corpus Christi Work Address -State Texas Work Address -Zip Code 78404 K/lirhollo r' 1 n-7nnn Work Phone (361) 3718933 Work E-mail address michelle.lozano@oceans health care.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? In my capacity as the CEO of Oceans Behavioral Hospital of Corpus Christi, I bring an extensive background in business and will use this acumen to ultimately build on the board's ability to enhance the prosperity and quality of life for our residents through economic development projects. Economic Development is the creation of wealth from which community benefits are realized. I have an innovative mindset and worldview that will ensure our city's commitment to propel economic progress. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one . board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics AAirhollo r' 1 n-7ann Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes a No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) �Airhollo (` I n7nnn Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? � Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree K/il-hollo r' I n-»nn Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree hAirhollo C' I mann Michelle C. Lozano 4823 Ocean Drive (956)355-5845 Corpus Christi, TX 78412 CHIEF EXECUTIVE OFFICER - BUSINESS GROWTH PROFESSIONAL STRATEGIC GROWTH - MAXIMIZING REVENUE - RECRUITMENT RESOURCE MANAGEMENT Objective: I am a Strategic Healthcare Leader seeking an opportunity to join a progressive organization that will allow me to use my unique blend of operational and human relation skills in its growth and development. My experiences in both public and private sectors have well prepared me to be a value-added asset to the right company striving to provide quality health care service to residents of the Rio Grande Valley. AREAS OF EXPERTISE Strategic Planning Asset Liability Oversight Leadership Development Risk Mitigation Market Research Change Management Product Development Board Collaboration Regulatory Compliance Facilities Expansion Marketing Campaigns Customer Engagement PROFESSIONAL EXPERIENCE Oceans Behavioral Hospital of Corpus Christi- Corpus Christi, TX June 2020- Present Chief Executive Officer/Hospital Administrator Responsible for daily operations of a behavioral hospital that serves the most acute patients in the Coastal Bend Area. LifeCare Hospitals of San Antonio- San Antonio, Texas 2016-2020 Chief Executive Officer Responsible for daily operations of a free-standing, 62 bed LTAC hospital that included ICU, step down, and med Burg levels of care in the heart of the medical center. Doctors Hospital at Renaissance - Edinburgh, TX 2015-2020 Vice President of Facilities Management & Operations Responsible for the ancillary services of a 624-bed hospital, which was expanding its outpatient services. Supervised the new construction expansion projects. LifeCare Hospitals of South Texas- McAllen, Texas 2008-2015 Chief Executive Officer Responsible for daily operations of two free-standing LTAC hospitals in McAllen, TX. 94 total licensed beds. ASSOCIATIONS Habitat for Humanity Member-Hidalgo County Executive Women's Healthcare Border Alliance Member Club Dress For Success Board Member McAllen Chamber Member Hidalgo County Veteran's Affairs Board Member Edinburg Chamber Member Hidalgo County United Way Budget Allocation Board Weslaco Chamber Member Member Hispanic Chamber of Commerce Member CITY OF CORPUS CHRISTI Submit Date:Aug 17, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms Leah Pagan Olivarri Prefix First Name Middle Initial last Name Email Address 33 Camden Place Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 40 years and 10 years growing up Mobile: (361) 877-0021 Home: (361) 877-0021 Primary Phone Alternate Phone Olivarri &Associates, Inc. President Employer - - Job T itle - Work Address - Street Address and Suite Number P.O. Box 60576 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78466 KAc I ocih Dcinnn nlixinrri Work Phone 361-877-0021 Work E-mail address leah.olivarri@olivarri.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, I currently serve on the Corpus Christi Business and Job Development Corporation ("Type A") and the Corpus Christi B Corporation ('Type B"). I understand that should I be appointed to the Port of Corpus Christi Authority, I would be required to step down from the Type A and B corporate boards. Education, Professional and/or Community Activity (Present) Please see attached resume for detail. Have BA and MA and served on a variety of community boards as well as being involved in various community activities. Why are you interested in serving on a City board, commission or committee? I have enjoyed serving the City on the Type A and B corporate boards, but have an interest in expanding my contributions to our city and region through representing the City of Corpus Christi as one of your appointed representative to the Port of Corpus Christi Port Authority. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r•' No hAc I onh Dnnnn nlixinrri No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. My firm, Olivarri &Associates, Inc., is a subcontractor to the engineers (Freese Nichols) on the city's desalination project since 2014. 1 will studiously avoid any conflict or appearance of a conflict of interest including stepping down as a member of the desalination project if that is deemed to create any appearance of a conflict. Board-specific questions (if applicable) AAc I oah Dnnnn n1hinrri Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector" of Nueces County? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree hAc I nnh Durran n ixinrri City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAc I oah Dnnnn n ixmrri Leah Pagan Olivarri President. Olivarri &Associates. Inc. Education Ms. Olivarri is the sole owner and president of Olivarri & BA, Mount Holyoke Associates, Inc. She is an advocate of open communications and College, south is comfortable evaluating performance, solving strategic Hadley, Massachusetts, problems, and making tough decisions when needed. With a magna cum laude history of projects throughout the region, state and beyond, she has worked with all levels of government and with private MA, University of companies. She has been active in the community serving on Texas at Austin various boards and supporting community initiatives. Summary of Professional Work History 1986 to present - Olivarri & Associates (later incorporated), Corpus Christi. Established consulting company which worked initially on projects oriented toward management and organizational analyzes including a Booz-Allen strategic assessment and plan for the Port of Corpus Christi and policy oriented assessments for the Governor of the State of Texas on the impact of NAFTA and the border area of Texas. In the 1990s, her firm began to do an ever increasing amount of planning, communications and public engagement work often with a focus on environmental permitting or clearances for major infrastructure projects. Examples of major projects include: • I-69/Trans Texas Corridor — various segments in south and east Texas (TxDOT) • Upgrading of US 77 from Robstown to the Rio Grande Valley (TxDOT) • Ports to Plains Corridor Development and Management Plan (Colorado-New Mexico, Oklahoma, Texas DOTs) • National I-10 Freight Corridor (DOTs for 10 states) • US 83/Port Roads Feasibility including Joe Fulton Coridor (TxDOT) • Joe Fulton International Trade Corridor (TxDOT and Port of Corpus Christi) • Laredo to Corpus Christi Freight Corridor (TxDOT) • Upgrading of SH 358 (SPID) from Ayers through Airline (TxDOT) • JFK Causeway Elevation Feasibility Study (TxDOT) • Regional Parkway Feasibility and Planning and Linkages Studies (TxDOT/MPO) • Deepening and Widening of the Corpus Christi Ship Channel (Port/USACE) • Freight and Hazardous Materials Study (MPO) • City of Corpus Christi Regional Solid Waste Facility (City of Corpus Christi) • Multiple desalination studies (City of Corpus Christi) • Surface Coal and Lignite Mining in Texas (USACE Regulatory EIS) • Regional Economic Adjustment Plan — Disaster Resiliency (Valley COG/EDA) • Corpus Christi Bay and Estuary Program — various assistance on planning • Rio Grande Valley Empowerment Zone Planning and Application (Valley Chamber) • Various other Empowerment and Enterprise Zone applications • Rio Grande Valley Mobility Plan (Valley Chamber) • South Texas Spaceport Consortium (Regional Coalition — 13 counties) • Economic Diversification and Strategy Study (GLO — nine counties) 1 Ms. Olivarri has also provided assistance to industrial and other private companies, especially during project planning and permitting. She is experienced with working on multi-disciplinary teams that include technical professionals such as engineering, environmental, legal and financial experts. As a result, she is knowledgeable about the technical concepts and language of a variety of disciplines. She has also worked with a range of policy makers — local, state, national and even international. She has a good working relationship with many of the business leaders and groups in the Coastal Bend area. 1985-1986 - Wolfe Consulting, Albuquerque, New Mexico. Managed Austin office of the company with responsibility for a City-County Consolidation Study for the City of Austin and Travis County while also working on management review studies for other entities. 1980-1984 - City of Corpus Christi Texas. Positions included Assistant to the City Manager and Director of Administrative Services overseeing the departments of Budget, Personnel, Risk Management and Data Processing Departments and co-managing, with the Director of Finance, Internal Audit which also performed operational analyzes. 1975-1979 - RPC, Inc., Austin Texas. Work centered on research and reports associated with the National Environmental Policy Act (''NEPA' and the Texas Coastal Zone Management Program including management of a study entitled "Siting Industrial Facility on the Texas Coast" and authorship of a chapter book entitled Refining the Waterfront, Alternative Energy Facility Siting Policies for Urban Coastal Areas edited by David Morrell and Grace Singer of Princeton University. The latter led to an article "OCS (Outer Continental Shelf) Development: A Community's Acceptance of Risk" published in the Coastal Zone Management Journal. Examples of Community Activities and Recognitions • Corpus Christi Business and Job Development Corporation — Board Member since 2017 • Corpus Christi Type B Corporation — Board Member since 2017 • Coastal Bend Community Foundation — Board Member, various committees including Investment, Scholarship, Finance and Executive (2009-2018) • Leadership Corpus Christi — Class XI • Corpus Christi United Chamber of Commerce — Board Member and Executive Committee (2015-2018) • Corpus Christi Chamber Infrastructure Committee Chair (2014-2018) • South Texas Military Task Force (2016-2020) • Science and Technical Committee of Bay and Estuary Program (1990s) • Air Quality Partnership (participated as member since inception) • YWCA Women and Careers Award (2009) • Leadership Corpus Christi Alumni Honoree (2019) Personal Ms. Olivarri was married for 44 years to George Olivarri, CPA, until his sudden passing in 2019. Her parents were longtime Corpus Christi residents. Following their deaths, with her brother and husband, she managed and sold major family business holdings. 2 CITY OF CORPUS CHRISTI Submit Date:Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Chris A Pena First Name Middle Initial Last Name Email Address 5813 Trieste dr. Street Address Corpus Christi TX 78413 City _ - - State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 44 Mobile: (361) 549-3686 Business: (361) 549-3686 Primary Phone Alternate Phone Daystar Consulting Services Incorporated Consultant Employer Job Title Work Address - Street Address and Suite Number 5813 Trieste dr. Work Address - City Corpus Christi Work Address- State Texas Work Address- Zip Code 78413 ('hric 0 Donn Work Phone (361) 549-3686 Work E-mail address dcsi.safety@yahoo.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I would like the opportunity to serve and give back to my city and it's residents. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Port Of Corpus Christi Authority Of Nueces County, Tx 2) Corpus Christi Downtown Management District 3) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have lived in C.C. my entire life and would like the opportunity to serve and give back to my city and it's residents as they deserve the best that the city leadership can give. Corpus Christi has the potential to be so much better. What I would like to do is introduce a new set of eyes, experience and ideas that would add value to future of this beautiful city I will forever call home. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? (- Yes c: No ('hric 0 Donn No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) rhric A Donn Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Stock Owner Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor r`hric A Donn Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W Development\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree r`hric A Donn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree ('hric � Dona CHRIS PENA DAYSTAR CONSULTING SERVICES INC.) CELL: 361-549-3686 E-MAIL: dcsi.safety@yahoo.com SUMMARY Throughout my time in the industry I've accumulated a plethora of experience and a wealth of knowledge while working on several different continents. I possess excellent leadership skills and specialize in the technical writing and the development of HSE project documents,including HSE contract verbiage.I use diverse thought processes both linear and abstract in order to maintain measurable and actionable safety strategies.I am a Bi-lingual HSE team leader that is a self-starter and a respected mentor with outstanding interpersonal and communication skills as well as the innate ability to direct teams,and interact effectively with diverse groups. PROFESSIONAL EXPERIENCE Occidental Petroleum 2021 Horn Mountain West Project HSE Lead Houston, Texas/GOM My roles and responsibilities were as followed but not limited to: ■ Supported the project Construction leads by assisting in the review of work pack documents and planning for each offshore campaign. ■ Participated in all Risk Assessments,readiness reviews,pre Job JSHAs,etc. ■ Monitored and reported HSE performance during the fabrication, construction and commissioning phases of the HMW Project. ■ Liaised with Project Manager,Subsea&Topside Package leads, Corporate HSE /Safety Leaders and offshore construction teams in order to foster and cultivate a safety culture that led to positive results. ■ Developed project HSE documents for the execution phases ■ Facilitated multiple LIVESAFE training initiatives at various locations along the gulf coast. Total Mozambique 2020-2021 OSSEM Construction HSE Site Lead at Ingleside, Texas My roles and responsibilities are as followed but not limited to: ■ Worked with the Contractor to maintain compliance with Contractors management systems ■ Coached Contractor on application and effectiveness of procedures and how to effectively manage risks ■ Facilitated behavioral safety efforts and control of work emphasis around key risk activities ■ Utilized excellent communications skills to instill confidence and encourage enhanced HSE behaviors ■ Lead,motivated,and developed disciplined staff in an effort to enhance their HSE leadership qualities ■ Reported performance and analysis information to the HSE Manager through predetermined meetings and reports Hokchi Energy 2020 Offshore HUC Simops HSE Lead Paraiso, Tabasco,Mexico City,Mexico&Southern Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead and implement the project HSE and Risk Management system ■ Validate and verify the SIMOPS between the HUC and drilling groups ■ Ensure a sound and robust HSE system to achieve the HSE objectives on the project ■ Participate in actions for identifying and minimizing risks and the impact of all SIMOPS activities ■ Manage and control all identified HSE risks to ensure a safe field execution campaign ■ Lead the Client and Contractor HSE team on daily initiatives to prevent incident and injury Enbridge Inc. 2019-2020 Vito Export Pipelines HSE Lead Houston, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Assisted the business group with HSE verbiage for RFQ's and agreements PAGE 12 ■ Wrote all project HSE documents for the execution phases ■ Performed as a document controll gatekeeper for all project related documents ■ Coordinated the teams and led the audits both onshore and offshore locations. ■ Championed and implemented our training philosophies and tools at the worker level ■ Tracked and trended metrics to mitigate gaps identified Chevron Deep Water 2017 - 2018 Bigfoot Hook un and Commissioning HSEAdvisor Ingleside, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead the following training regimens: o New hire orientation o Incident and injury Free o Human Performance ■ Actively sought out worker feedback to resolve issues enabling a more cohesive project team ■ Championed implementation of human performance philosophies and tools at the worker level ■ Lead daily pre-task safety discussions with all crafts to enable proper planning and hazard recognition and mitigation Shell Pipeline Company 2014-2016 Amberjack Debottleneck Project HSSE Lead Houston, Texas As the project HSSE Lead my responsibilities were to manage safety for the Amberjack Debottleneck Project. ■ Worked with Contractor project management teams to review required HSE deliverables ■ Performed as a technical writer formulating all project HSE documents ■ Conducted Green banding which also included documentation and site inspections in order to procure the best/safest contractors available. ■ Managed the team of 10 safety coaches at various on/offshore based locations. ■ Managed the projects monthly safety metrics. Chevron Pipe Line 2012- 2014 lack&St,Malo Oil Export Pipeline RM Site Safety Leadership Team Lead Houston -Gulf of Mexico While at field locations my role enabled me to: ■ Visited contractor worksites both onshore and offshore to conduct routine worksite assessments. ■ Compiled jobsite inspections in addition to audit findings and incident root cause analysis to identify HES management system gaps or compliance issues or safety leadership behavior opportunities of improvement. ■ Coordinated and participated in CHESM inspections and audits both onshore and offshore. ■ Facilitated the below training for the Jack&St,Malo Oil Export Pipeline project: o IIF Trainer o Hazard Identification Wheel o Tenets of Operation o Project Onboarding TRAINING CRISIS MANAGEMENT AND PR TRAINED-HUMAN PERFORMANCE TRAINER'(STS)SAFETY TRAINED SUPERVISOR -(COSS) CERTIFIED OCCUPATIONAL SAFETY SPECIALIST"INCIDENT AND INJURY FREE(IIF) TRAINER -ADVANCED SAFETYAUDIT TRAINED -SAFETY SUPERVISOR LEADER-OSHA(10)cot(30)HOUR COURSE" MEDIC FIRST AID&CPR -INDUSTRIAL HYGIENE'HA2MATERIAL'HUMAN PERFORMANCE TRAINER -Y-TREE ACCIDENT INVESTIGATION -SHELL TAPROOT-SHELL DECISION POINT TRAINING-FIVE WHYACCIDENT INVESTIGATION TRAINED-IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS MEDIC FIRSTAIDTRAINED •RESPIRATORY PROTECTION -ADOBE ACROBAT-VIZIOTECHNICAL- EMERGENCY PIPELINE RESPONSE TECHNICIAN'ENCOMPASS-OSHA HAZMAT-RCA FACILITATOR REFERENCES Chad Triche (Chevron) 985-590-9027 , Megan Hebert 832-525-8686,John Garber(OXY) 337-207-2254 CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2022 Application for a City Board, Commission, Committee or Corporation Profile Kimberly Shick First Name Last Name Email Address 9342 Moon Beam Street Address Corpus Christi TX 78409 City Slate Postal Code What district do you live in? W District 1 Current resident of the city? r Yes r No If yes, how many years? 39 Home: (361) 446-9500 Home: (361) 446-9500 Primary Phone Alternate Phone Vice-President of Marketing and Sales Employer Job Title Work Address - Street Address and Suite Number 4811 Wildcat Work Address- City portland Work Address- State texas Work Address - Zip Code 78374 Vimhorhi Chirp Work Phone 3614005775 Work E-mail address kim@gtekcommunications.com Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) none presently I have served on several executive boards in the past If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Nueces County Appraisal District Why are you interested in serving on a City board, commission or committee? feel that City of Corpus Christi needs strong representation on the Appraisal Board to work for the people of Corpus Christi, I have a strong background in public service being that I have previously served on this board as well as the Tuloso-Midway ISD board of trustees. I will work to make sure the Appraisal District becomes transparent and as the representative for the City of Corpus Christi provide updates and information regularly. Jplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Vimhorl%/ Chirrh No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. na Board-specific questions (if applicable) Ilimhorhi Chir-l- Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Wimhorlxi Chins City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Wimhorly ChirL Kimberly Shick C (361) TX 78400 Corpus Christi, TX 78410 Accomplished and visionary individual with passion to lead fundraising, marketing, and communications activities to deliver consistently successful outcomes. Remarkable history in creating fundraising strategies and establishing donor partnerships as well as facilitated in planning fundraisers and events. Solid background in coordinating with large network of legislators on funding several educational issues on State and Federal level. Demonstrated expertise in presenting various public school issues and programs to large audiences. Credible success in planning, organizing, and carrying out successful events, including fundraising and donor. Articulate and refined communicator, focused on building relationship to drive positive change. Capable of delivering high quality promotional material for fundraising events and campaigns. Ability to devise and implement robust strategies/plans to accelerate organizational growth. Areas of Expertise • Donor Development & • Fundraising Planning & • Contract Relations Execution Preparation/Negotiations • Customer Service & • Business Development • Relationship Management Satisfaction • Community Outreach • Recruitment &Training • Grant Writing & • Account Management • Public Relations (PR) Implementation • Microsoft Office Suite • Market Trend Analysis • Team Leadership & Training • Project Management Career Experience Comp-u-dopt - Galveston, TX 2022 - Present Program Manager Deploy STEM programs in schools and youth organizations to promote academic/personal growth of individuals. Establish and sustain community partnerships. Leverage professional expertise in recruiting and hiring staff members as well as conducting performance evaluation. Plan, organize, and carry out fundraisers and donations. • Successfully generated interest and commitments programs in new areas of Texas. Communities in Schools - Corpus Christi, TX 2018 - 2020 Community Liaison Served as community liaison for successful execution of fundraising events. Nurtured and retained donor partnerships within community as well as conducted donor events. Organized and carried out budget events such as concerts, golf tournaments, and clay shoots. My Home Team Media - Corpus Christi, TX 2015 - 2018 Media Account Executive Leverage strong expertise in developing and closing new advertising accounts. Foster and sustain professional relationships with customers. Plan, organize, and carry out wide range of successful events. • Achieved and surpassed monthly quota by showcasing exceptional performance. • Enabled growth in customers' business by establishing close collaboration. Landstar Telecom - McAllen, TX 2017 - 2018 Account Executive Pagel 12 Function as outside sales executive for Coastal Bend market. Participated and acted as Landstar key spokesperson at several networking and community functions. Attained new customers as well as deployed robust telecommunication solutions. Steered professional expertise in generating leads by means of social media, personal contact, and email campaigns to yield successful outcomes. • Rendered significant efforts to install secure telecommunications lines in public schools. REM Consulting Group - Corpus Christi, TX 2012 - 2015 Project Coordinator/Public Relations Conducted thorough Educational Facility Assessment. Facilitated successful execution Public Education Bond Elections. Delivered proactive assistance in RFQ/RFP verification. Crafted relevant and high quality Presentation through utilization of PowerPoint. Ensured organization consistency and resolved community affairs issues. • Played an integral role in steering projects from conception to completion in timely and efficient manner. Don Johnson Cable Service - Corpus Christi, TX 2001 - 2011 Office Manager/Human Resources Led all operations associated with recruitment process, including screening, interviews, and on-boarding employees. Processed payroll and administered employee benefits. Coordinated seamless execution of entire project activates in timely and efficient manner as well as purchased materials. Leveraged strong professional expertise in negotiating and finalizing multiple contracts. Delivered knowledge rich and effective employee safety training. • Achieved high degree of customer satisfaction, while ensuring delivery of quality services. Honors & Awards Honoree for Corpus Christi 40 Under 40 for the class of 2018 Acceptance into Texas Association of School Boards Leadership Institute Affiliations & Memberships Tuloso-Midway ISD Board Trustee (2012 - Present) Executive Director, Big Brothers Big Sisters of South Texas (2017 - Present) Nueces County Appraisal District Executive Director (2013 - 2016) Director, Tuloso-Midway ISD Education Foundation (2012 - 2016) Board of Directors, Northwest Little Miss Kickball (2008 - 2013) Licenses & Certifications AIA Contract Preparation Certified Paget 2 CITY OF CORPUS CHRISTI Submit Date:Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Diana Summers First Name Last Name Email Address 401 SANTA MONICA PL. Street Address CORPUS CHRISTI TX 78411 City - - -. - State Postal Code What district do you live in? W District 2 Current resident of the city? r• Yes r No If yes, how many years? 9 Home: (512) 994-8786 Business: (512) 994-8786 Primary Phone Alternate Phone HOGAN_HOMES CHIEF FINANCIAL OFFICER Employer Job Title Work Address - Street Address and Suite Number 1301 Antelope St. Work Address - City CORPUS CHRISTI Work Address - Zip Code 78401 Work Phone 512-994-8786 rlinnm Ci immorc Work E-mail address dsummersphoganhomestexas.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICEWATERHOUSECOOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN:AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, CHIEF FINANCIAL OFFICER 2013-PRESENT; MEMBER OF CORPUS CHRISTI CHARITY LEAGUE 2018 - Present; FIESTA DE LOS NINOS COMMITTEE MEMBER &AUCTION COMMITTEE CHAIR 2016 - Present If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1)Type A 2)Type B ninnn Ci immorc Why are you interested in serving on a City board, commission or committee? I believe my background and experiences will serve the Type A and B boards, in their service to the city of Corpus Christi. I will bring a unique perspective as a female member of the board, and a wealth of financial and accounting experience from my time as the CFO of Hogan Homes, at Pricewaterhousecoopers, and Deloitte and Touche. I also understand the particular challenges business owners face,who seek a local educated workforce, and am driven to provide continued job opportunities here in Corpus Christi. I also understand the hurdles of relocating a business, having recently moved our permanent headquarters in the HUBZone of Downtown Corpus Christi. As a resident of Corpus Christi, I firmly believe in the judicious preservation of the community and will work to ensure that funds allocated will be done with a short and especially long term vision for Corpus Christi. I will be mindful that the funds distributed are taxpayer dollars, entrusted to the city to be spent wisely to serve the public and the interest of the public good. I will carefully evaluate all expenditure requests and needs proposed to the Type A and B boards as well the background information concerning the request, in order to ensure that tax payer dollars are allocated equitably and towards the best interest of Corpus Christi's residents. As a board member, I will always be available to our City Council Members to discuss ideas, opinions, and input on all matters the Type A and B boards will cover and to those we serve. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r: Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No ninnn Ci immnrc Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No r)innn G immnrc Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree rlinnn Ci immnrc Diana Summers dsummers@hoganhomestexas.com hoganhomestexas.com (512)994-8786 Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010-2011 • Audited a diverse portfolio of clients including manufacturing,health care, financial,chemical,and holding companies. • Part of review team for the issuance of an initial client stock offering • Performed 404 SOX Controls testing. • Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate, 2011 2013 • Managed and executed the audits of two companies in the manufacturing and civil construction fields. • Participated on two company segment carve out audits. • Performed 404 SOX controls design and operating effectiveness testing. • Member of new client acquisition team Hogan Homes,Corpus Christi Chief Financial Officer, 2013-Current • Directs and evaluates the implementation of Hogan's strategic business plans. • Manages Hogan's budgeting process • Develops performance measures to monitor company's performance • Oversees the financial operations of subsidiary development companies • Monitors cash balances and forecasts • Mitigates elements of the company's risk profile • Maintains banking relationships CURRENT COMMUNITY INVOLVEMENT Driscoll Children's Hospital Fiesta de los Ninos Committee Member, 2016-Current Laura's Bid Board Auction Committee Chair, 2018=Current • Chaired Laura's Bid Board Auction Committee in 2018&2019,targeting auction items in value of$500-$5,000. Raised over$100,000 for DCH. Cotillion 11 Philanthropy Chair, 2018-Current • Coordinated the fundraising and donations to adopt 4 families at Corpus Christi's Ronald McDonald house in order to provide Christmas gifts for all family members,needed clothes,and bedding items. Corpus Christi Charity League Member 2018-Current • Member of Corpus Christi's Charity League,a local non-profit group comprised of 40 women from across the Coastal Bend with a proven dedication to local charity work. Each year,a local charity is selected in which the group dedicates its fundraising efforts towards. In 2019,we raised$283,000 for our local chapter of the USO,NASCC. Hurricane Harvey Coordinated, hosted,and manned a barbeque,wash stations,bathrooms,charging capabilities,shade,donation drop off and donation pickups in Hogan Home's Rockport subdivision directly after Harvey devastated the area.The barbeque, held over two days was coordinated to make sure we fed the first responders,Coastal Bend residents,and those who came to help in the recovery efforts. Over Saturday and Sunday,we fed over 8,000 meals and gave out countless supplies to affected residents.We also coordinated with Hogan homeowners that wanted to help,as they sustained minimal damage, packaging meals for them to take out and deliver throughout the local communities.Our partners we secured in the effort included Sam Kane Beef,Valero,the International Barbeque Cookers Association, Waterstreet Restaurants, Butler Rentals,A2X Law Firm,Texas Throne,Bay Ltd,San Jacinto Title,and Hometrust Mortgage. EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Alajored.Finance and Accounting Directed Studies: French College of Charleston A4asters ofAccounling, 2010 Study Abroad: University of South Carolina,Nlaymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers,a subsidiary of Levi Strauss and Co., Kazuri Beads,Ltd.and KickStart,a non- profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School Graduate,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. PAST LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient of the Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman for Senate Finance committee(2009) Sorority Council President(2008-2009) Omicron Delta Kappa Honors Society President(2009) Mortar Board Honors Society Treasurer(2008) Member of USC's High Risk Management Task Force team(2008-2009) CITY OF CORPUS CHRISTI Submit Date: Sep 01, 2022 Application for a City Board, Commission, Committee or Corporation Profile Robert Tamez First Name Last Name Email Address 4626 Weiskopf Lane Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? Yes r No If yes, how many years? 53 Home: (361) 855-1839 Mobile: (361) 658-6687 Primary Phone Alternate Phone Retired Employer Job Title Work Address - Street Address and Suite Number Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Onhort Tnmo-7 Do you currently serve on any other City board, commission or committee at this time? If so, please list: currently serve on Type A and B Education, Professional and/or Community Activity (Present) Edinburg High School Del Mar Petroleum Refinery Certification (140 College Hrs.) School of Hydrocarbons (401-Irs) Why are you interested in serving on a City board, commission or committee? To represent the City on the appraisal district. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Rnhort Tnmo-7 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Dnhort Tnmo-7 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnhort Tnmo- Robert Tamez Biographical Information Data December 8, 2016 Name: Robert Tamez Home Address: 4626 Weiskopf Lane Corpus Christi,Texas 78413 Phone: (361)-855-1839 Home (361)-658-6687 Cell Employer: LNV, Inc. (June 1, 2011) 5 years (Resigned) Retired from CITGO Petroleum & Chemical(27yrs) U.S.Army (Honorable Discharged) 1971 Years in Corpus Christi 53yrs. Education: Edinburg High School, Edinburg,Texas Del Mar College Apprentice Four Year Training on Petroleum Refinery Industry (144 College Hours) School of Hydrocarbons, Oklahoma University (40hrs.) Professional and Community Involvement: Board of Director: Nueces County Civil Service Commission (Chair)(12yrs) Corpus Christi Mustangs Club Current Member: Nueces County Civil Service (12 yrs.) Corpus Christi Mustangs Club (3 yrs.) Past Member: Hispanic Chamber of Commerce Corpus Christi Chamber of Commerce Westside Business Assoc. Texas Sports Assoc. of Officials (Basketball)42yrs. (Retired) Asst. Director(UIL RegionIV 3A) 6yrs. Formerly Board of Director w/: El Soccorro Ronald McDonald Fundraiser(18yrs) Corpus Christi Convention Visitors and Bureau Assoc.(9yrs) Hispanic Chamber of Commerce (5yrs.) Corpus Christi City Parks & Recreation (3yrs.) Ronald McDonald House (5yrs.) Nueces Rural Rail Transportation District (5yrs) American Red Cross (4yrs.) Gonzalez Foundation Education & Recreation Center(3yrs) Nueces Co.Appraisal Review Board (4yrs) Corpus Christi Business and Job Development Corporation (Type A Board) (6yrs.) Corpus Christi Convention Visitors and Bureau Assoc. (10yrs) El Soccorro Ronald McDonald Fundraiser(18yrs) Involvement with MDA and United Way for the past 14 yrs. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Four(4)vacancies with terms to 9-30-2024.(Historically,the same persons serve on both Type A&8 Corporations). Duties The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of,and to act on behalf of the City,to undertake,maintain and finance projects through Propositions 4 and 5 approved by voters on November 7,2000 and Propositions 2,2a and 2b approved by voters on November 5,2002. Composition The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council.The terms of the directors shall be two years,expiring on September 30.Directors may be appointed to succeed themselves.No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term.Each director must be a resident and qualified elector of the City.Once a director has served for a total of six consecutive years,unless an exception under the City Charter applies,his or her term shall immediately expire and his or her position shall become vacant. Creation/Authority Meets Member size Term length/limit Liaison Res.No.024207,9-12-00;Res.No.024233, 3rd Monday of every month at 2:30 p.m., 7 2 years/6 years Heather Hurlbert 9-25-00;Res.No.031519,8-21-2018. City Hall-Council Chambers Name District Term Appt.date End date Appointing Author Position Status Attendance Leah Pagan Olivarri District 4 2 10/1/2018 9/30/2022 City Council Seeking reappointment 8/9 meetings-89% Diana Summers District 2 1 8/13/2019 9/30/2022 City Council Secretary Seeking reappointment 7/9 meetings-78% Robert Tamez District 5 2 7/24/2018 9/30/2022 City Council Vice-President Seeking reappointment 9/9 meetings-100% Met the six-year service Lee A.Trujillo District 3 3 9/13/2016 9/30/2022 City Council President limitation John Valls I District 5 13 10/1/2018 9/30/2023 lCity Council I JActive Scott M Harris IDistrict 1 13 7/11/2017 9/30/2023 ICity Council I JActive Alan R Wilson I District 5 12 10/1/2019 9/30/2023 ICity Council I JActive 9-20-2022 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Applicants Name District Status *Carl E. Crull District 5 Applied **Jesus J.Jimenez District 5 Applied Michelle C. Lozano District 2 Applied Leah Pagan Olivarri District 4 Seeking reappointment Chris A. Pena District 5 Applied Kimberly Shick District 1 Applied Diana Summers District 2 Seeking reappointment Robert Tamez District 5 Seeking reappointment *Unopposed candidate for Del Mar College Board of Regents. Not required to forfeit position if appointed since, not a city board. **Serves on the Capital Improvements Advisory Committee. Will resign if CITY OF CORPUS CHRISTI Submit Date: Nov 23, 2021 Application for a City Board, Commission, Committee or Corporation Profile Carl E Crull First Name Middle Initial Last Name Email Address 8025 Villefranche Dr. Street Address CORPUS CHRISTI TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r- No If yes, how many years? 42 Mobile: (361) 816-5773 Home: (361) 993-4888 Primary Phone Alternate Phone Crull Engineering, LLC Owner Employer Job Title Work Address- Street Address and Suite Number 8025 Villefranche Dr. Work Address- City CORPUS CHRISTI Work Address- State TX Work Address- Zip Code 78414 Work Phone 3618165773 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Planning Commission (Term limited as of 7/31/2020) Education, Professional and/or Community Activity (Present) B.S. Civil Engineering, University of Missouri 1971 MBA Corpus Christi State University(now TAMUCC) 1982 Regional Water Planning Group, TAMUCC Engineering Advisory Council, Rotary Club If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Port Authority Why are you interested in serving on a City board, commission or committee? To continue to serve the community and to continue in contribute to its continued growth and prosperity. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No rnrl P rri SII No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a (`!arl G (`ri ill Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W None of the above\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes (-. No Verification ('nrl r ('ri ill City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`�rl G (1n SII Mr. Crull's experience includes Municipal and Consultant Engineering, Engineering Management, and City Management. In Kansas City, MO, he worked for the City of Kansas City Engineering Division—Storm and Sanitary Sewer, Subdivision Review, Construction Management, and Streets&Structures divisions; and served in the 110th Combat Engineers Battalion, Missouri National Guard. Seeking a faster career path and warmer weather, in 1979 he relocated to Corpus Christi, EDUCATION Master of Business Admin, where he first was employed by the City of Corpus Christi as Chief Design Engineer. Business Promoted to City Engineer(1987), he moved up to Assistant City Manager—Public Administration/Mgmt. Texas Works&Utilities (1994), managing 11 City departments with 1100 employees. A&M University- Significant projects during his tenure include permitting, construction and opening of a Corpus Christi, 1982 2200-acre regional sanitary landfill; permitting, design and construction of the 104-mile, 64-inch diameter raw water Mary Rhodes Pipeline,from Lake Texana to Corpus Christi, Bachelor of Science, Civil augmenting regional water supply. (Water delivery began 24 months after project Engineering, University of authorization,fast-tracked by severe drought nearly depleting storage in two existing MO Columbia. 1971 reservoirs.) He also helped acquire additional water rights from the Lower Colorado River, and construction of Mary Rhodes Pipeline Phase II. REGISTRATIONS Professional Engineer, In 1999, Mr. Crull joined HDR Engineering as Vice President and Manager of the small Missouri, United States, No. Corpus Christi office, successfully diversifying HDR's local services and increasing area E-16751 Issued: 01/01/1976, client base. In 2005, he originated acquisition of Shiner Moseley Associates, a large local firm with port and marine structures, and coastal engineering specialties,significantly Professional Engineer: Texas, United States, No. increasing HDR's capabilities in the South Texas region and coastal United States. 46706 Issued:01/16/1980, During this period of company-wide acquisitions, HDR, Inc. became a larger national,then global engineering and architecture company. He retired as Marketing Director in 2016. In 2016, Mr. Crull formed Crull Engineering, LLC to continue providing quality consulting PROFESSIONAL engineering and program management services to the community and area. MEMBERSHIPS American Society of Civil Mr. Crull has a wealth of experience in municipal water(supply, treatment and distribution) Engineers (ASCE), Member systems,wastewater(collection and treatment)systems, storm drainage systems, streets, National Society of airport, public buildings, and marina facilities. He also has experience in the Professional Engineers administration of city land use ordinances (platting and zoning). He enjoys excellent (NSPE),Texas Society, working relations with numerous organizations including regional cities, Nueces and San Member Patricio Counties,Texas Department of Transportation, Texas Commission on Environmental Quality, Port Corpus Christi, FAA, EPA,Texas Water Development Board, HONORS Nueces River Authority, a broad base of community leaders and consulting firms. Nueces Chapter TSPE Engineer of the Year 1998 He currently serves on the City of Corpus Christi Planning Commission (City Council Univ. of MO Distinguished appointment);TWDB Region N Water Supply Planning Group; Texas A&M University- Civil Engineering Alumni Corpus Christi Engineering Advisory Council; member of TAMU-CC and Texas State 2010 Aquarium President's Councils; Downtown Rotary. Previously served on United Way of Coastal Bend Board (12 years,4 as Treasurer), University of MO Engineering Alumni Board (6 years)and Texas Council of Engineering Companies Board (4 Years) Contact Information Carl E.Crull, P.E. 361-816-5773 (mobile) 8025 Villefranche Drive 361-993-4888 Corpus Christi, TX 78414 1 CITY OF CORPUS CHRISTI Submit Date: Aug 26, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jesus J Jimenez PE First Name Middle Initial Last Name Suffix Email Address 6925 Wind_y Creek Dr Street Address - Corpus Christi TX 78414 City State Postal Cade What district do you live in? W District 5 Current resident of the city? Yes r No If yes, how many years? 22 Business: (361) 826-5805 Mobile: (361) 385-0385 Primary Phone Alternate Phone International Consulting Engineers (ICE) President/CEO Employer Job Title Work Address - Street Address and Suite Number 261 Saratoga Blvd Work Address - City Corpus Christi Work Address- State TX Work Address-Zip Code 78417 loci rc l limono-7 Drz Work Phone 3618265805 Work E-mail address JJQa icengineers.net Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Capital Improvements Advisory Committee Education, Professional and/or Community Activity (Present) BSCE- Civil Engineering TAMUK MSCE-Civil Engineering TAMUK President of the Robstown Area Development Corporation Previous Building Standards Board Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi B Corporation Currently member of Capital Improvements Advisory Committee(will step down if selected for B Corporation) Why are you interested in serving on a City board, commission or committee? Yes, Corpus Christi B Corporation Upload a Resurne Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No loci is 1 IiMOMQ7 DG No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) loci is 1 limnno-7 DG Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes r No Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? • Development • Building Industry\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes t: No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree loci is 1 limono-7 DG City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 11Zc1 is 1 limOn07 DG KEY PERSONNEL RESUME JESUS J. JIMENEZ, P.E., CFM Phone: 361.826.5805 Fax: 361.826.5806 Email: IiC�icengineers.net EDUCATION Texas A&M University Kingsville, 2004 Master of Science, Civil/Structural Engineering Texas A&M University Kingsville, 2000 Bachelor of Science, Civil Engineering REGISTRATIONS/CERTIFICATIONS Licensed Professional Engineer State of Texas, No 100765 j State of New Mexico, No. 18389 Texas Dept.of Insurance Certified Windstorm Inspector AFFILIATIONS American Society of Civil Engineers(ASCE) National-Member ASCE Corpus Christi Chapter-Past President ASCE Corpus Christi Chapter-Section Director - -- - National Society of Professional Engineers(NSPE)- Member Texas Society of Professional Engineers(TSPE)- Member TSPE Corpus Christi Chapter-Vice President Structural Engineering Institute(SEI)-Member City of Corpus Christi-Building Standards Board Committee Vice-Chair Texas A&M University-Kingsville Civil&Architectural Engineering Advisory Board Committee Member Uniform Development Code(UDC) Infrastructure Requirements Committee Member PROFESSIONAL EXPERIENCE Mr. Jesus J.Jimenez, P.E.., is a Structural Engineer with over Nineteen (19)years' experience providing complete engineering services for the design, analysis, inspection, and evaluation of structural systems. Mr. Jimenez has been in charge of structural analysis, design, construction supervision and inspection of many commercial and industrial facilities including vessel supports, pipe supports, platforms, cranes, monorails and access ways. Mr. Jimenez offers comprehensive, technical expertise with respect to design/coordination of numerous commercial, industrial, and marine structural projects consisting of shopping centers, office buildings, schools, hospitals, warehouses, ship docking facilities, structural analysis of highway bridges, cranes, and piping structures, general civil/structural design, and safety inspection and modification of bridges. In his professional capacity, Mr. Jimenez has successfully performed numerous facility projects that required the implementation of ADA design guidelines and compliance. Clients for these projects include the following: RTA, Nueces County, The City of Corpus Christi, Architects Ferrell/Brown, Richter, BMST, among others, Port of Corpus Christi Authority, CITGO Refining (Corpus Christi), CITGO Refining (Lake Charles LA), Anteon Corporation, Gulf Copper Ship Repair, and Gulf Compress. Mr. Jimenez is proficient in many computer programs including STAADPro, Lpile5, RAM, RISA Baseplate, IES Quickwall, and more. KEY PERSONNEL RESUME KEY REPRESENTATIVE PROJECTS NAS Corpus Christi—DHS Parking Apron Recapitalization Project—Project Engineer I Project Manager for the engineering and design of the removal and replacement of approximately nine (9) acres of existing asphalt and replace with twelve (12) inch unreinforced 650 flex concrete. Scope of work also included the implementation and routine inspection of the storm water pollution prevention plan, as well as construction and quality control inspections. Project Cost: $3,500, 000 I Staples Street Bridge Widening over IH-37 - Structural and civil design of widening of existing overpass bridge. The project involved construction of two additional lanes and 8 foot wide pedestrian walks in each direction. Structure system consists of cast-in-place concrete deck supported on precast, pre-stressed concrete beams transferring load to intermediate cast-in-place concrete bents. Bents were supported on drilled shaft piers. Prepared traffic plans for IH-37 and Staples Street traffic. Liveable Communities Initiative—worked on projects designed to link the communities to transit and create a pedestrian friendly environment with greater accessibility through improved sidewalks, crosswalks, medians and landscaping. Furthermore, the designs promote a safer environment through an unrestricted, but slower flow of traffic. These projects are funded program by the Federal Transit Administration and administered under the Transportation Enhancement Program. Kinney Street Bridge Replacement-This project included the demolition and replacement of the existing Kinney Street Bridge, constructed in 1912. The existing concrete retaining wall was removed and replaced with new soil anchored walls. This project also included new drainage structures, concrete ditch lining, the acquisition of a permanent utility and construction easement and traffic control plans. i Corpus Christi Convention Center Expansion — Furnished structural engineering services consisting of structural design and construction inspections to the convention center and auditorium expansion project in Corpus Christi, TX. Project Cost: $26,000,000 i Del Rio Middle School—Furnished complete structural engineering services including engineering, design, and inspection for a new middle school facility for the San Felipe Independent School District in Del Rio, TX. Project Cost: $18,000,000 Del Mar Health Science Center — Project Engineer for the development of five multi-storie buildings located at the Del Mar College West Campus. Project included all structural design including foundation design in conformance with project geotechnical investigation report. The new structure was developed to promote a new Health Science department for the college. Project Cost: $31,300,000 Del Mar College Public Safety Complex- Furnished structural engineering services for the design and construction inspection of a Public Safety Education and training facility that consisted of five buildings. This project included a fire and repelling tower for fire fighter training. Project Cost: $11,000,000 KEY PERSONNEL RESUME Nueces County, Nueces County Library — Project included complete structural inspections and engineering services for a 16,000 sq.ft.steel structure. Responsibilities included providing field reports and structural analysis of miscellaneous structural components as well as review of submittals, project scheduling and construction meeting attendance. Project Cost: $5,500,000 Beeville Elementary School — Project Engineer for a new elementary school for the city of Beeville Texas. The structural design included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as Concrete Masonry Units (CMU)walls or metal stud wall system. Project Cost: $3,800, 000 Beeville High School Improvements—Project Engineer for the design and engineering of an addition/expansion of the Beeville AC Jones High School. The structural design items included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as CMU walls or metal stud wall system. On site Construction inspections were also provided for this project. Project Cost. $6,000,000 Del Mar College Early Childhood Learning Center - Provided structural engineering and construction inspection services for a new early child learning facility at Del Mar East Campus in Corpus Christi,Texas. Project Cost: $5,800,000 Del Mar College Central Kitchen Facility-Furnished structural and civil engineering services for a new central kitchen with loading docks located at Del Mar West Campus in Corpus Christi,Texas. Project Cost: $1,100,000 Harte Research Institute-Furnished design services for all infrastructures for a new Marine Research Building for Texas A&M University Corpus Christi. Project Cost: $13,500,000 City of Corpus Christi, 367 48" Diameter Gravity Line and Resaca Lift Station - The scope included design of 40 MGD wastewater lift station and large size gravity lines. It also included installation of new mechanical bar screen and a manual bar screen at the Broadway WWTP j headworks. Resaca LS and the new gravity lines were constructed to minimize overflows in the Broadway Basin's Service Area Project Cost: $621,000 I Joe Fulton International Trade Corridor Port of Corpus Christi Authority-Member of design team for project consists of designing seven (7)miles of new road, road bridges, new railroad, new drainage system as well as improvements to the existing drainage system, new utilities installation, and field 1 inspections. Project Cost: $ 18,500,000 McArdle Road Phase III Project for the City of Corpus Christi—Member of design team for project that consisted of 2850 LF of new 62' back to back roadway section. Responsiible for all new infrastructure improvements, field inspections, and ADA compliance, project cost analysis and drainage analysis Project Cost: $2,300,000 KEY PERSONNEL RESUME IL City of La Villa Master Transportation Plan - Responsible for the creation of a Master Transportation Plan to develop programs which are adequate for long term traffic solutions and urban development. This plan sets street development standards, connects automotive and pedestrian traffic, as well as improves safety, quality of life, and air quality. A right-of-way map for future improvement was created with roadway sections to accommodate vehicular, pedestrian, and j bicycle traffic. Hidalgo County Drainage District No. 1: Levee Improvements — Project consists of levee improvements to existing flood control structure in order to obtain certification by the International Boundary Waters Commission (IBWC) and the Federal Emergency Management Agency (FEMA). Improvements consist of building-up approximately 17 miles of existing levees to obtain adequate free board and provide suitable level of protection. The improvements were consistent with the U.S. Army Corps of Engineers:Design and Construction of Levees Engineering and Design Manual. Project Cost: $300,000,000+ Yoakum Pershing Square- Member of design team for the Yoakum Pershing Square Project for the City of Yoakum, Texas. Project consisted of revitalizing downtown's main street. Responsibilities included improving traffic flow, design of new parking areas, new sidewalks and pavement, utility relocation,and ADA compliance. A Project Cost: N/A Cimarron Phase I— Member of design team. Project consisted of expanding a two-way single lane high traffic street into a four-lane with turning lanes from Bison Street to the intersection of Yorktown Boulevard, relocating utilities, new gas lines, acquiring right of way for the expansion, and new driveways. Responsabilibes included project management, cost estimates, and recommend traffic control requirements. The project's major challenge was an elementary school with entrance/exit right along Cimarron Street;traffic control was very important. Project cost $9,800,00.00. Cimarron Phase II — Member of design team. Project consisted of designing a second phase expansion to Cimarron from Yorktown Boulevard to Saratoga Boulevard. Project included new utilities, utility relocation, right-of-way acquisition, new gas lines, project driveways, cost estimates, and traffic control Project cost: $5,700,000 Whataburger Field - Member of design team for the BallPark Offsite Utility Improvements. Projects { consisted of revitalizing existing conditions, improving surrounding streets such as Tancahua and Port Ave. Responsibilities included cost estimate for project, project management as well as design of new drainage system, new driveways, new parking areas, new sidewalks and pavement, improving traffic flow, and new utilities. Project cost: $27,000,000 Upriver Road — Member of design team for the upriver road. Project consisted of revitalizing and expanding the existing street,new utilities,cost estimates,and project management. Project cost: $ 10,100,000 Del Mar College - Member of design team for the Del Mar College entrance guard shack. Project consisted of designing a traffic control island with a security guard shack, rerouting electricity and plumbing to the new building,project management,and traffic control management. Project Cost: N/A KEYPERSONNELRESUME Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design and inspection of a Cathodic Protection System as well as project management. Project Cost: $ 1,270,000 CITGO, Lake Charles, Louisiana: Completed "B" Dock Project Screen and Evaluation Study. Our scope included analyzing existing bulkhead stresses after discounting the corrosion losses to determine urgency of bulkhead replacement/rehabilitation requirements. In addition, review of feasibility study prepared by others was performed. Alternative solutions were prepared with detailed economic analysis. Project also consisted of the design of a steel crane structure to support oil tankers connection lines and associated pipping. i Project Cost: $6,000,000.00 Patriot Crane—PC3000 Crane Design Performed the structural design and analysis of a Crane consisting of 100ft boom length, 48 inch diameter Kingpost, Machinery Platform, Front rollers and padeyes, main frame section, boom-heel section complete with winch mounting foundation proofing. Crane final destination was China. Design was in conformance with API-2C—6t'Edition. CITGO - Pipe Rack Structural Investigation: Performed a computer model and finite element analysis of a series of pipe racks located within the CITGO Corpus Christi plant. The purpose of the analysis was to determine the adequacy of existing racks and recommend corrective measures to ensure that the pipe racks conform with CITGO design standards. 1 EI Paso Pipeline Group—Steel Skid Framing: This project consisted of the design of a steel skid for the Station 27 Turbine Exhaust Gas Recuperator Heat Exchanger Replacement Project. Designed and prepared a computer model and performed a finite element analysis of the structure as well as design drawings and specifications. Anteon Corporation, Heavy Weather Plan Analysis: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conditions. Calculations were performed for eight layouts."Portside to". "Starboard Side To",and "Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No. 009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost: N/A Gulf Copper Ship Repair, Inc.: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conditions. Calculations were performed for eight layouts. "Portside to". "Starboard Side To", and "Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No. 009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost: N/A KEYPERSONNELRESUME Gulf Compress—Cotton Storage Warehouse Design Provided engineering services and performed an economic analysis for the construction of 13 warehouse buildings. The overall design included four (4) Truck Dock/Rail warehouses and nine (9) Standard storage buildings with a combined footprint of over 600,000 sq.ft. Project Costa $13,000,000.00 Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design of a Cathodic Protection System and project management. Project Cost: $1,300,000.00 Port of Corpus Christi Authority, Cruise Ship Terminal, Corpus Christi, Texas: Completed a Phase I Engineering Design for modifying an existing dock facility above water. Work included design of new building and modifying an existing building. Project Cost: $6,200,000.00 Port of Corpus Christi Authority, Cargo Dock#2, Corpus Christi, 7X:- Performed evaluation and prepared a construction package for dock rehabilitation and fender improvements project. The project consisted of the rehabilitation of a 34,000 square feet concrete dock structures originally built in 1920. The existing seventy-year-old concrete structure was repaired using shotcrete and a new rubber fender system was installed to receive 30,000 DWT Cruise Ships. Project Cost. $670,000.00 CITGO,Docks 1,2,3,6,7,&8 Corpus Christi,Texas: Performed a complete inspection,above and below water,of the CITGO dock facilities on the Corpus Christi Ship Channel. The inspection included Umber, steel, concrete main dock, timber approachway, timber pipe racks, steel barge fendering system, concrete & steel breasting and mooring structures. All of the docks were in a deteriorated state and required repair and/or replacement of numerous components. A diving contractor was hired to perform the underwater portions of the inspections. Once each facility had been inspected a report was compiled that documented all deficiencies both above and below water. All items in need of repair or replacement were grouped by priority. Some items were determined to need immediate action, within 3 to 6 months, while other items could be addressed within 18 months. Recommendations for repair were made for every item noted item and cost estimates were provided for each priority group. Project Cost: $1,800,000.00 Port of Corpus Christi Authority, Oil Dock 8, 9, and 10, Corpus Christi, TX: Provided complete engineering and field inspection services. Work consisted of extensive concrete and steel rehabilitation,sacrificial cathodic protection system installation,and barge fendering system installation. Project Cost: $800,000.00 t CITGO Dock#3, Corpus Christi, TX: Was responsible for numerous rehabilitation and improvement projects in the past. At CITGO's request numerous periodic inspections were performed to determine walkways, approachway and breasting structure conditions. Recently completed Approachway, Walkway and Breasting Structure Fendering System Rehabilitation Project. Project Cost: $223,000.00 Port of Corpus Christi Authority, Oil Dock 4 and 7, Corpus Christi, TX: Upgrade of existing deteriorated concrete docks with extensive concrete repairs and sacrificial cathodic protection. Project Cost: $450.000.00 KEY PERSONNEL RESUME Port of Corpus Christi Authority, Oil Docks 4 and 7, Corpus Christi, TX, - Complete engineering design of new mooring structure involving alternate design of monopile and 9 pile structure. Work also involved replacement of existing deteriorated pipe supports. Project Costa $380,000.00 CITGO, Koch Ship Dock#2, Corpus Christi, Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock, pipe support structures, breasting structures and mooring structures, and also shallow sheet piling shore protection system. Project Cost: N/A CITGO, Koch Barge Dock#1,Corpus Christi,Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock and related marine structures. Project Cost: N/A CITGO, Lake Charles, Louisiana: Completed Barge Dock Rehabilitation design work. Design included relieving platform installation,concrete repairs and sheet piling reinforcement work. Project Cost $180,000.00 CITGO, Dock #3, Corpus Christi, Texas: Completed Feasibility Study of three alternative shore protection systems namely steel sheet piling and rock rip-rap. Performed detailed economic analysis as well as worked on detailed engineering design on the selected alternative design. Project Cost: $500,000.00 CITGO, Lake Charles, Louisiana: Completed existing dock condition survey and feasibility study for "A"Dock Rehabilitation Project. Project Cost. $3,250,000.00 CITGO, Dock#8, Corpus Christi, Texas: Completed inspection and design work for the repairs of the breasting structures. Our scope included an assessment report of the damage sustained to the breasting structures including preliminary construction cost estimates, and finally preparing a full detailed design construction package. Project Cost: $100,000.00 Port of Corpus Christi Authority, Oil Dock 4, 7, and 11, Corpus Christi, TX: Design work for mooring system improvements around Avery Point Turning Basin. Total of 8 new mooring structures were added at the three adjacent docks. Prior to final design work,a system analysis study was completed in order to justify need and location of structures to minimize vessel drift magnitude at the most narrow section of the ship channel. Project Cost: $1,200.000.00 i i i KEY PERSONNEL RESUME i ADDITIONAL PROJECT EXPERIENCE -A.C.Jones High School Expansion,Beeville Texas i ■Cameron County—Post Hurricane Disaster Recovery Operations Damage Assessment Team Member ■CITGO-#4 Platformer chlorsorb facilities ■CITGO-#5 Platformer chlorsorb facilities ■CITGO—GHT Depentenizer Modifications -City of Corpus Christi—Greenwood Plant Digester Covers I ■City of Corpus Christi—Post Hurricane Disaster Recovery Operations Damage Assessment Team Member I -City of Corpus Christi—Resaca Liftstation -Corpus Christi-New Oak Park Elementary Structural Design ■Flint Hills—Fort Worth Terminal -Flint Hills—Cumene PP Feed Conditioning Air Cooler Structure Area ■Flint Hills—New Coalescer Supports ■Flint Hills—Ingleside Terminal Pier&Dock Renovation ■HEB-Tortilla Factory Addition ■Mustang Engineering-#1 FCCU Reactor/Regenerator Foundation ■NAS Corpus Christi—Mine Warfare Training Center ■Port of Corpus Christi-Solomon Ortiz Center Water Taxi Landing d. ■Southwest Marine Ship Repair-Heavy Weather Plan Analysis j -Sun Spree Resort-Windstorm Inspections ■TxDot Corpus Christi-I.T.S.Facility Structural Design ■Tyler Elementary Structural Design,Beeville Texas i REFERENCES References are available upon request. CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2022 Application for a City Board, Commission, Committee or Corporation Profile Michelle C Lozano - First Name Middle Initial Last Name Email Address 4823 Ocean Drive Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? " W District 2 Current resident of the city? r Yes r No If yes, how many years? 2 Mobile: (956) 355-5845 Business: (361) 371-8933 Primary Phone Alternate Phone Oceans Behavioral Hospital of Corpus_ Christi - -__ Chief Executive Officer Employer Jan Title Work Address -Street Address and Suite Number 600 Elizabeth, Bldg. B 5 East Work Address- City Corpus Christi Work Address -State Texas Work Address -Zip Code 78404 K/lirhollo r' 1 n-7nnn Work Phone (361) 3718933 Work E-mail address michelle.lozano@oceans health care.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? In my capacity as the CEO of Oceans Behavioral Hospital of Corpus Christi, I bring an extensive background in business and will use this acumen to ultimately build on the board's ability to enhance the prosperity and quality of life for our residents through economic development projects. Economic Development is the creation of wealth from which community benefits are realized. I have an innovative mindset and worldview that will ensure our city's commitment to propel economic progress. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one . board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics AAirhollo r' 1 n-7ann Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes a No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) �Airhollo (` I n7nnn Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? � Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree K/il-hollo r' I n-»nn Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree hAirhollo C' I mann Michelle C. Lozano 4823 Ocean Drive (956)355-5845 Corpus Christi, TX 78412 CHIEF EXECUTIVE OFFICER - BUSINESS GROWTH PROFESSIONAL STRATEGIC GROWTH - MAXIMIZING REVENUE - RECRUITMENT RESOURCE MANAGEMENT Objective: I am a Strategic Healthcare Leader seeking an opportunity to join a progressive organization that will allow me to use my unique blend of operational and human relation skills in its growth and development. My experiences in both public and private sectors have well prepared me to be a value-added asset to the right company striving to provide quality health care service to residents of the Rio Grande Valley. AREAS OF EXPERTISE Strategic Planning Asset Liability Oversight Leadership Development Risk Mitigation Market Research Change Management Product Development Board Collaboration Regulatory Compliance Facilities Expansion Marketing Campaigns Customer Engagement PROFESSIONAL EXPERIENCE Oceans Behavioral Hospital of Corpus Christi- Corpus Christi, TX June 2020- Present Chief Executive Officer/Hospital Administrator Responsible for daily operations of a behavioral hospital that serves the most acute patients in the Coastal Bend Area. LifeCare Hospitals of San Antonio- San Antonio, Texas 2016-2020 Chief Executive Officer Responsible for daily operations of a free-standing, 62 bed LTAC hospital that included ICU, step down, and med Burg levels of care in the heart of the medical center. Doctors Hospital at Renaissance - Edinburgh, TX 2015-2020 Vice President of Facilities Management & Operations Responsible for the ancillary services of a 624-bed hospital, which was expanding its outpatient services. Supervised the new construction expansion projects. LifeCare Hospitals of South Texas- McAllen, Texas 2008-2015 Chief Executive Officer Responsible for daily operations of two free-standing LTAC hospitals in McAllen, TX. 94 total licensed beds. ASSOCIATIONS Habitat for Humanity Member-Hidalgo County Executive Women's Healthcare Border Alliance Member Club Dress For Success Board Member McAllen Chamber Member Hidalgo County Veteran's Affairs Board Member Edinburg Chamber Member Hidalgo County United Way Budget Allocation Board Weslaco Chamber Member Member Hispanic Chamber of Commerce Member CITY OF CORPUS CHRISTI Submit Date:Aug 17, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms Leah Pagan Olivarri Prefix First Name Middle Initial last Name Email Address 33 Camden Place Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 40 years and 10 years growing up Mobile: (361) 877-0021 Home: (361) 877-0021 Primary Phone Alternate Phone Olivarri &Associates, Inc. President Employer - - Job T itle - Work Address - Street Address and Suite Number P.O. Box 60576 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78466 KAc I ocih Dcinnn nlixinrri Work Phone 361-877-0021 Work E-mail address leah.olivarri@olivarri.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, I currently serve on the Corpus Christi Business and Job Development Corporation ("Type A") and the Corpus Christi B Corporation ('Type B"). I understand that should I be appointed to the Port of Corpus Christi Authority, I would be required to step down from the Type A and B corporate boards. Education, Professional and/or Community Activity (Present) Please see attached resume for detail. Have BA and MA and served on a variety of community boards as well as being involved in various community activities. Why are you interested in serving on a City board, commission or committee? I have enjoyed serving the City on the Type A and B corporate boards, but have an interest in expanding my contributions to our city and region through representing the City of Corpus Christi as one of your appointed representative to the Port of Corpus Christi Port Authority. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r•' No hAc I onh Dnnnn nlixinrri No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. My firm, Olivarri &Associates, Inc., is a subcontractor to the engineers (Freese Nichols) on the city's desalination project since 2014. 1 will studiously avoid any conflict or appearance of a conflict of interest including stepping down as a member of the desalination project if that is deemed to create any appearance of a conflict. Board-specific questions (if applicable) AAc I oah Dnnnn n1hinrri Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector" of Nueces County? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree hAc I nnh Durran n ixinrri City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAc I oah Dnnnn n ixmrri Leah Pagan Olivarri President. Olivarri &Associates. Inc. Education Ms. Olivarri is the sole owner and president of Olivarri & BA, Mount Holyoke Associates, Inc. She is an advocate of open communications and College, south is comfortable evaluating performance, solving strategic Hadley, Massachusetts, problems, and making tough decisions when needed. With a magna cum laude history of projects throughout the region, state and beyond, she has worked with all levels of government and with private MA, University of companies. She has been active in the community serving on Texas at Austin various boards and supporting community initiatives. Summary of Professional Work History 1986 to present - Olivarri & Associates (later incorporated), Corpus Christi. Established consulting company which worked initially on projects oriented toward management and organizational analyzes including a Booz-Allen strategic assessment and plan for the Port of Corpus Christi and policy oriented assessments for the Governor of the State of Texas on the impact of NAFTA and the border area of Texas. In the 1990s, her firm began to do an ever increasing amount of planning, communications and public engagement work often with a focus on environmental permitting or clearances for major infrastructure projects. Examples of major projects include: • I-69/Trans Texas Corridor — various segments in south and east Texas (TxDOT) • Upgrading of US 77 from Robstown to the Rio Grande Valley (TxDOT) • Ports to Plains Corridor Development and Management Plan (Colorado-New Mexico, Oklahoma, Texas DOTs) • National I-10 Freight Corridor (DOTs for 10 states) • US 83/Port Roads Feasibility including Joe Fulton Coridor (TxDOT) • Joe Fulton International Trade Corridor (TxDOT and Port of Corpus Christi) • Laredo to Corpus Christi Freight Corridor (TxDOT) • Upgrading of SH 358 (SPID) from Ayers through Airline (TxDOT) • JFK Causeway Elevation Feasibility Study (TxDOT) • Regional Parkway Feasibility and Planning and Linkages Studies (TxDOT/MPO) • Deepening and Widening of the Corpus Christi Ship Channel (Port/USACE) • Freight and Hazardous Materials Study (MPO) • City of Corpus Christi Regional Solid Waste Facility (City of Corpus Christi) • Multiple desalination studies (City of Corpus Christi) • Surface Coal and Lignite Mining in Texas (USACE Regulatory EIS) • Regional Economic Adjustment Plan — Disaster Resiliency (Valley COG/EDA) • Corpus Christi Bay and Estuary Program — various assistance on planning • Rio Grande Valley Empowerment Zone Planning and Application (Valley Chamber) • Various other Empowerment and Enterprise Zone applications • Rio Grande Valley Mobility Plan (Valley Chamber) • South Texas Spaceport Consortium (Regional Coalition — 13 counties) • Economic Diversification and Strategy Study (GLO — nine counties) 1 Ms. Olivarri has also provided assistance to industrial and other private companies, especially during project planning and permitting. She is experienced with working on multi-disciplinary teams that include technical professionals such as engineering, environmental, legal and financial experts. As a result, she is knowledgeable about the technical concepts and language of a variety of disciplines. She has also worked with a range of policy makers — local, state, national and even international. She has a good working relationship with many of the business leaders and groups in the Coastal Bend area. 1985-1986 - Wolfe Consulting, Albuquerque, New Mexico. Managed Austin office of the company with responsibility for a City-County Consolidation Study for the City of Austin and Travis County while also working on management review studies for other entities. 1980-1984 - City of Corpus Christi Texas. Positions included Assistant to the City Manager and Director of Administrative Services overseeing the departments of Budget, Personnel, Risk Management and Data Processing Departments and co-managing, with the Director of Finance, Internal Audit which also performed operational analyzes. 1975-1979 - RPC, Inc., Austin Texas. Work centered on research and reports associated with the National Environmental Policy Act (''NEPA' and the Texas Coastal Zone Management Program including management of a study entitled "Siting Industrial Facility on the Texas Coast" and authorship of a chapter book entitled Refining the Waterfront, Alternative Energy Facility Siting Policies for Urban Coastal Areas edited by David Morrell and Grace Singer of Princeton University. The latter led to an article "OCS (Outer Continental Shelf) Development: A Community's Acceptance of Risk" published in the Coastal Zone Management Journal. Examples of Community Activities and Recognitions • Corpus Christi Business and Job Development Corporation — Board Member since 2017 • Corpus Christi Type B Corporation — Board Member since 2017 • Coastal Bend Community Foundation — Board Member, various committees including Investment, Scholarship, Finance and Executive (2009-2018) • Leadership Corpus Christi — Class XI • Corpus Christi United Chamber of Commerce — Board Member and Executive Committee (2015-2018) • Corpus Christi Chamber Infrastructure Committee Chair (2014-2018) • South Texas Military Task Force (2016-2020) • Science and Technical Committee of Bay and Estuary Program (1990s) • Air Quality Partnership (participated as member since inception) • YWCA Women and Careers Award (2009) • Leadership Corpus Christi Alumni Honoree (2019) Personal Ms. Olivarri was married for 44 years to George Olivarri, CPA, until his sudden passing in 2019. Her parents were longtime Corpus Christi residents. Following their deaths, with her brother and husband, she managed and sold major family business holdings. 2 CITY OF CORPUS CHRISTI Submit Date:Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Chris A Pena First Name Middle Initial Last Name Email Address 5813 Trieste dr. Street Address Corpus Christi TX 78413 City _ - - State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 44 Mobile: (361) 549-3686 Business: (361) 549-3686 Primary Phone Alternate Phone Daystar Consulting Services Incorporated Consultant Employer Job Title Work Address - Street Address and Suite Number 5813 Trieste dr. Work Address - City Corpus Christi Work Address- State Texas Work Address- Zip Code 78413 ('hric 0 Donn Work Phone (361) 549-3686 Work E-mail address dcsi.safety@yahoo.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I would like the opportunity to serve and give back to my city and it's residents. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Port Of Corpus Christi Authority Of Nueces County, Tx 2) Corpus Christi Downtown Management District 3) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have lived in C.C. my entire life and would like the opportunity to serve and give back to my city and it's residents as they deserve the best that the city leadership can give. Corpus Christi has the potential to be so much better. What I would like to do is introduce a new set of eyes, experience and ideas that would add value to future of this beautiful city I will forever call home. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? (- Yes c: No ('hric 0 Donn No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) rhric A Donn Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r• Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Stock Owner Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor r`hric A Donn Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W Development\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree r`hric A Donn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree ('hric � Dona CHRIS PENA DAYSTAR CONSULTING SERVICES INC.) CELL: 361-549-3686 E-MAIL: dcsi.safety@yahoo.com SUMMARY Throughout my time in the industry I've accumulated a plethora of experience and a wealth of knowledge while working on several different continents. I possess excellent leadership skills and specialize in the technical writing and the development of HSE project documents,including HSE contract verbiage.I use diverse thought processes both linear and abstract in order to maintain measurable and actionable safety strategies.I am a Bi-lingual HSE team leader that is a self-starter and a respected mentor with outstanding interpersonal and communication skills as well as the innate ability to direct teams,and interact effectively with diverse groups. PROFESSIONAL EXPERIENCE Occidental Petroleum 2021 Horn Mountain West Project HSE Lead Houston, Texas/GOM My roles and responsibilities were as followed but not limited to: ■ Supported the project Construction leads by assisting in the review of work pack documents and planning for each offshore campaign. ■ Participated in all Risk Assessments,readiness reviews,pre Job JSHAs,etc. ■ Monitored and reported HSE performance during the fabrication, construction and commissioning phases of the HMW Project. ■ Liaised with Project Manager,Subsea&Topside Package leads, Corporate HSE /Safety Leaders and offshore construction teams in order to foster and cultivate a safety culture that led to positive results. ■ Developed project HSE documents for the execution phases ■ Facilitated multiple LIVESAFE training initiatives at various locations along the gulf coast. Total Mozambique 2020-2021 OSSEM Construction HSE Site Lead at Ingleside, Texas My roles and responsibilities are as followed but not limited to: ■ Worked with the Contractor to maintain compliance with Contractors management systems ■ Coached Contractor on application and effectiveness of procedures and how to effectively manage risks ■ Facilitated behavioral safety efforts and control of work emphasis around key risk activities ■ Utilized excellent communications skills to instill confidence and encourage enhanced HSE behaviors ■ Lead,motivated,and developed disciplined staff in an effort to enhance their HSE leadership qualities ■ Reported performance and analysis information to the HSE Manager through predetermined meetings and reports Hokchi Energy 2020 Offshore HUC Simops HSE Lead Paraiso, Tabasco,Mexico City,Mexico&Southern Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead and implement the project HSE and Risk Management system ■ Validate and verify the SIMOPS between the HUC and drilling groups ■ Ensure a sound and robust HSE system to achieve the HSE objectives on the project ■ Participate in actions for identifying and minimizing risks and the impact of all SIMOPS activities ■ Manage and control all identified HSE risks to ensure a safe field execution campaign ■ Lead the Client and Contractor HSE team on daily initiatives to prevent incident and injury Enbridge Inc. 2019-2020 Vito Export Pipelines HSE Lead Houston, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Assisted the business group with HSE verbiage for RFQ's and agreements PAGE 12 ■ Wrote all project HSE documents for the execution phases ■ Performed as a document controll gatekeeper for all project related documents ■ Coordinated the teams and led the audits both onshore and offshore locations. ■ Championed and implemented our training philosophies and tools at the worker level ■ Tracked and trended metrics to mitigate gaps identified Chevron Deep Water 2017 - 2018 Bigfoot Hook un and Commissioning HSEAdvisor Ingleside, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead the following training regimens: o New hire orientation o Incident and injury Free o Human Performance ■ Actively sought out worker feedback to resolve issues enabling a more cohesive project team ■ Championed implementation of human performance philosophies and tools at the worker level ■ Lead daily pre-task safety discussions with all crafts to enable proper planning and hazard recognition and mitigation Shell Pipeline Company 2014-2016 Amberjack Debottleneck Project HSSE Lead Houston, Texas As the project HSSE Lead my responsibilities were to manage safety for the Amberjack Debottleneck Project. ■ Worked with Contractor project management teams to review required HSE deliverables ■ Performed as a technical writer formulating all project HSE documents ■ Conducted Green banding which also included documentation and site inspections in order to procure the best/safest contractors available. ■ Managed the team of 10 safety coaches at various on/offshore based locations. ■ Managed the projects monthly safety metrics. Chevron Pipe Line 2012- 2014 lack&St,Malo Oil Export Pipeline RM Site Safety Leadership Team Lead Houston -Gulf of Mexico While at field locations my role enabled me to: ■ Visited contractor worksites both onshore and offshore to conduct routine worksite assessments. ■ Compiled jobsite inspections in addition to audit findings and incident root cause analysis to identify HES management system gaps or compliance issues or safety leadership behavior opportunities of improvement. ■ Coordinated and participated in CHESM inspections and audits both onshore and offshore. ■ Facilitated the below training for the Jack&St,Malo Oil Export Pipeline project: o IIF Trainer o Hazard Identification Wheel o Tenets of Operation o Project Onboarding TRAINING CRISIS MANAGEMENT AND PR TRAINED-HUMAN PERFORMANCE TRAINER'(STS)SAFETY TRAINED SUPERVISOR -(COSS) CERTIFIED OCCUPATIONAL SAFETY SPECIALIST"INCIDENT AND INJURY FREE(IIF) TRAINER -ADVANCED SAFETYAUDIT TRAINED -SAFETY SUPERVISOR LEADER-OSHA(10)cot(30)HOUR COURSE" MEDIC FIRST AID&CPR -INDUSTRIAL HYGIENE'HA2MATERIAL'HUMAN PERFORMANCE TRAINER -Y-TREE ACCIDENT INVESTIGATION -SHELL TAPROOT-SHELL DECISION POINT TRAINING-FIVE WHYACCIDENT INVESTIGATION TRAINED-IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS MEDIC FIRSTAIDTRAINED •RESPIRATORY PROTECTION -ADOBE ACROBAT-VIZIOTECHNICAL- EMERGENCY PIPELINE RESPONSE TECHNICIAN'ENCOMPASS-OSHA HAZMAT-RCA FACILITATOR REFERENCES Chad Triche (Chevron) 985-590-9027 , Megan Hebert 832-525-8686,John Garber(OXY) 337-207-2254 CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2022 Application for a City Board, Commission, Committee or Corporation Profile Kimberly Shick First Name Last Name Email Address 9342 Moon Beam Street Address Corpus Christi TX 78409 City Slate Postal Code What district do you live in? W District 1 Current resident of the city? r Yes r No If yes, how many years? 39 Home: (361) 446-9500 Home: (361) 446-9500 Primary Phone Alternate Phone Vice-President of Marketing and Sales Employer Job Title Work Address - Street Address and Suite Number 4811 Wildcat Work Address- City portland Work Address- State texas Work Address - Zip Code 78374 Vimhorhi Chirp Work Phone 3614005775 Work E-mail address kim@gtekcommunications.com Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) none presently I have served on several executive boards in the past If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Nueces County Appraisal District Why are you interested in serving on a City board, commission or committee? feel that City of Corpus Christi needs strong representation on the Appraisal Board to work for the people of Corpus Christi, I have a strong background in public service being that I have previously served on this board as well as the Tuloso-Midway ISD board of trustees. I will work to make sure the Appraisal District becomes transparent and as the representative for the City of Corpus Christi provide updates and information regularly. Jplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Vimhorl%/ Chirrh No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. na Board-specific questions (if applicable) Ilimhorhi Chir-l- Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Wimhorlxi Chins City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Wimhorly ChirL Kimberly Shick C (361) TX 78400 Corpus Christi, TX 78410 Accomplished and visionary individual with passion to lead fundraising, marketing, and communications activities to deliver consistently successful outcomes. Remarkable history in creating fundraising strategies and establishing donor partnerships as well as facilitated in planning fundraisers and events. Solid background in coordinating with large network of legislators on funding several educational issues on State and Federal level. Demonstrated expertise in presenting various public school issues and programs to large audiences. Credible success in planning, organizing, and carrying out successful events, including fundraising and donor. Articulate and refined communicator, focused on building relationship to drive positive change. Capable of delivering high quality promotional material for fundraising events and campaigns. Ability to devise and implement robust strategies/plans to accelerate organizational growth. Areas of Expertise • Donor Development & • Fundraising Planning & • Contract Relations Execution Preparation/Negotiations • Customer Service & • Business Development • Relationship Management Satisfaction • Community Outreach • Recruitment &Training • Grant Writing & • Account Management • Public Relations (PR) Implementation • Microsoft Office Suite • Market Trend Analysis • Team Leadership & Training • Project Management Career Experience Comp-u-dopt - Galveston, TX 2022 - Present Program Manager Deploy STEM programs in schools and youth organizations to promote academic/personal growth of individuals. Establish and sustain community partnerships. Leverage professional expertise in recruiting and hiring staff members as well as conducting performance evaluation. Plan, organize, and carry out fundraisers and donations. • Successfully generated interest and commitments programs in new areas of Texas. Communities in Schools - Corpus Christi, TX 2018 - 2020 Community Liaison Served as community liaison for successful execution of fundraising events. Nurtured and retained donor partnerships within community as well as conducted donor events. Organized and carried out budget events such as concerts, golf tournaments, and clay shoots. My Home Team Media - Corpus Christi, TX 2015 - 2018 Media Account Executive Leverage strong expertise in developing and closing new advertising accounts. Foster and sustain professional relationships with customers. Plan, organize, and carry out wide range of successful events. • Achieved and surpassed monthly quota by showcasing exceptional performance. • Enabled growth in customers' business by establishing close collaboration. Landstar Telecom - McAllen, TX 2017 - 2018 Account Executive Pagel 12 Function as outside sales executive for Coastal Bend market. Participated and acted as Landstar key spokesperson at several networking and community functions. Attained new customers as well as deployed robust telecommunication solutions. Steered professional expertise in generating leads by means of social media, personal contact, and email campaigns to yield successful outcomes. • Rendered significant efforts to install secure telecommunications lines in public schools. REM Consulting Group - Corpus Christi, TX 2012 - 2015 Project Coordinator/Public Relations Conducted thorough Educational Facility Assessment. Facilitated successful execution Public Education Bond Elections. Delivered proactive assistance in RFQ/RFP verification. Crafted relevant and high quality Presentation through utilization of PowerPoint. Ensured organization consistency and resolved community affairs issues. • Played an integral role in steering projects from conception to completion in timely and efficient manner. Don Johnson Cable Service - Corpus Christi, TX 2001 - 2011 Office Manager/Human Resources Led all operations associated with recruitment process, including screening, interviews, and on-boarding employees. Processed payroll and administered employee benefits. Coordinated seamless execution of entire project activates in timely and efficient manner as well as purchased materials. Leveraged strong professional expertise in negotiating and finalizing multiple contracts. Delivered knowledge rich and effective employee safety training. • Achieved high degree of customer satisfaction, while ensuring delivery of quality services. Honors & Awards Honoree for Corpus Christi 40 Under 40 for the class of 2018 Acceptance into Texas Association of School Boards Leadership Institute Affiliations & Memberships Tuloso-Midway ISD Board Trustee (2012 - Present) Executive Director, Big Brothers Big Sisters of South Texas (2017 - Present) Nueces County Appraisal District Executive Director (2013 - 2016) Director, Tuloso-Midway ISD Education Foundation (2012 - 2016) Board of Directors, Northwest Little Miss Kickball (2008 - 2013) Licenses & Certifications AIA Contract Preparation Certified Paget 2 CITY OF CORPUS CHRISTI Submit Date:Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Diana Summers First Name Last Name Email Address 401 SANTA MONICA PL. Street Address CORPUS CHRISTI TX 78411 City - - -. - State Postal Code What district do you live in? W District 2 Current resident of the city? r• Yes r No If yes, how many years? 9 Home: (512) 994-8786 Business: (512) 994-8786 Primary Phone Alternate Phone HOGAN_HOMES CHIEF FINANCIAL OFFICER Employer Job Title Work Address - Street Address and Suite Number 1301 Antelope St. Work Address - City CORPUS CHRISTI Work Address - Zip Code 78401 Work Phone 512-994-8786 rlinnm Ci immorc Work E-mail address dsummersphoganhomestexas.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICEWATERHOUSECOOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN:AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, CHIEF FINANCIAL OFFICER 2013-PRESENT; MEMBER OF CORPUS CHRISTI CHARITY LEAGUE 2018 - Present; FIESTA DE LOS NINOS COMMITTEE MEMBER &AUCTION COMMITTEE CHAIR 2016 - Present If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1)Type A 2)Type B ninnn Ci immorc Why are you interested in serving on a City board, commission or committee? I believe my background and experiences will serve the Type A and B boards, in their service to the city of Corpus Christi. I will bring a unique perspective as a female member of the board, and a wealth of financial and accounting experience from my time as the CFO of Hogan Homes, at Pricewaterhousecoopers, and Deloitte and Touche. I also understand the particular challenges business owners face,who seek a local educated workforce, and am driven to provide continued job opportunities here in Corpus Christi. I also understand the hurdles of relocating a business, having recently moved our permanent headquarters in the HUBZone of Downtown Corpus Christi. As a resident of Corpus Christi, I firmly believe in the judicious preservation of the community and will work to ensure that funds allocated will be done with a short and especially long term vision for Corpus Christi. I will be mindful that the funds distributed are taxpayer dollars, entrusted to the city to be spent wisely to serve the public and the interest of the public good. I will carefully evaluate all expenditure requests and needs proposed to the Type A and B boards as well the background information concerning the request, in order to ensure that tax payer dollars are allocated equitably and towards the best interest of Corpus Christi's residents. As a board member, I will always be available to our City Council Members to discuss ideas, opinions, and input on all matters the Type A and B boards will cover and to those we serve. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r: Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No ninnn Ci immnrc Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No r)innn G immnrc Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree rlinnn Ci immnrc Diana Summers dsummers@hoganhomestexas.com hoganhomestexas.com (512)994-8786 Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010-2011 • Audited a diverse portfolio of clients including manufacturing,health care, financial,chemical,and holding companies. • Part of review team for the issuance of an initial client stock offering • Performed 404 SOX Controls testing. • Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate, 2011 2013 • Managed and executed the audits of two companies in the manufacturing and civil construction fields. • Participated on two company segment carve out audits. • Performed 404 SOX controls design and operating effectiveness testing. • Member of new client acquisition team Hogan Homes,Corpus Christi Chief Financial Officer, 2013-Current • Directs and evaluates the implementation of Hogan's strategic business plans. • Manages Hogan's budgeting process • Develops performance measures to monitor company's performance • Oversees the financial operations of subsidiary development companies • Monitors cash balances and forecasts • Mitigates elements of the company's risk profile • Maintains banking relationships CURRENT COMMUNITY INVOLVEMENT Driscoll Children's Hospital Fiesta de los Ninos Committee Member, 2016-Current Laura's Bid Board Auction Committee Chair, 2018=Current • Chaired Laura's Bid Board Auction Committee in 2018&2019,targeting auction items in value of$500-$5,000. Raised over$100,000 for DCH. Cotillion 11 Philanthropy Chair, 2018-Current • Coordinated the fundraising and donations to adopt 4 families at Corpus Christi's Ronald McDonald house in order to provide Christmas gifts for all family members,needed clothes,and bedding items. Corpus Christi Charity League Member 2018-Current • Member of Corpus Christi's Charity League,a local non-profit group comprised of 40 women from across the Coastal Bend with a proven dedication to local charity work. Each year,a local charity is selected in which the group dedicates its fundraising efforts towards. In 2019,we raised$283,000 for our local chapter of the USO,NASCC. Hurricane Harvey Coordinated, hosted,and manned a barbeque,wash stations,bathrooms,charging capabilities,shade,donation drop off and donation pickups in Hogan Home's Rockport subdivision directly after Harvey devastated the area.The barbeque, held over two days was coordinated to make sure we fed the first responders,Coastal Bend residents,and those who came to help in the recovery efforts. Over Saturday and Sunday,we fed over 8,000 meals and gave out countless supplies to affected residents.We also coordinated with Hogan homeowners that wanted to help,as they sustained minimal damage, packaging meals for them to take out and deliver throughout the local communities.Our partners we secured in the effort included Sam Kane Beef,Valero,the International Barbeque Cookers Association, Waterstreet Restaurants, Butler Rentals,A2X Law Firm,Texas Throne,Bay Ltd,San Jacinto Title,and Hometrust Mortgage. EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Alajored.Finance and Accounting Directed Studies: French College of Charleston A4asters ofAccounling, 2010 Study Abroad: University of South Carolina,Nlaymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers,a subsidiary of Levi Strauss and Co., Kazuri Beads,Ltd.and KickStart,a non- profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School Graduate,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. PAST LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient of the Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman for Senate Finance committee(2009) Sorority Council President(2008-2009) Omicron Delta Kappa Honors Society President(2009) Mortar Board Honors Society Treasurer(2008) Member of USC's High Risk Management Task Force team(2008-2009) CITY OF CORPUS CHRISTI Submit Date: Sep 01, 2022 Application for a City Board, Commission, Committee or Corporation Profile Robert Tamez First Name Last Name Email Address 4626 Weiskopf Lane Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? Yes r No If yes, how many years? 53 Home: (361) 855-1839 Mobile: (361) 658-6687 Primary Phone Alternate Phone Retired Employer Job Title Work Address - Street Address and Suite Number Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Onhort Tnmo-7 Do you currently serve on any other City board, commission or committee at this time? If so, please list: currently serve on Type A and B Education, Professional and/or Community Activity (Present) Edinburg High School Del Mar Petroleum Refinery Certification (140 College Hrs.) School of Hydrocarbons (401-Irs) Why are you interested in serving on a City board, commission or committee? To represent the City on the appraisal district. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Rnhort Tnmo-7 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Dnhort Tnmo-7 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnhort Tnmo- Robert Tamez Biographical Information Data December 8, 2016 Name: Robert Tamez Home Address: 4626 Weiskopf Lane Corpus Christi,Texas 78413 Phone: (361)-855-1839 Home (361)-658-6687 Cell Employer: LNV, Inc. (June 1, 2011) 5 years (Resigned) Retired from CITGO Petroleum & Chemical(27yrs) U.S.Army (Honorable Discharged) 1971 Years in Corpus Christi 53yrs. Education: Edinburg High School, Edinburg,Texas Del Mar College Apprentice Four Year Training on Petroleum Refinery Industry (144 College Hours) School of Hydrocarbons, Oklahoma University (40hrs.) Professional and Community Involvement: Board of Director: Nueces County Civil Service Commission (Chair)(12yrs) Corpus Christi Mustangs Club Current Member: Nueces County Civil Service (12 yrs.) Corpus Christi Mustangs Club (3 yrs.) Past Member: Hispanic Chamber of Commerce Corpus Christi Chamber of Commerce Westside Business Assoc. Texas Sports Assoc. of Officials (Basketball)42yrs. (Retired) Asst. Director(UIL RegionIV 3A) 6yrs. Formerly Board of Director w/: El Soccorro Ronald McDonald Fundraiser(18yrs) Corpus Christi Convention Visitors and Bureau Assoc.(9yrs) Hispanic Chamber of Commerce (5yrs.) Corpus Christi City Parks & Recreation (3yrs.) Ronald McDonald House (5yrs.) Nueces Rural Rail Transportation District (5yrs) American Red Cross (4yrs.) Gonzalez Foundation Education & Recreation Center(3yrs) Nueces Co.Appraisal Review Board (4yrs) Corpus Christi Business and Job Development Corporation (Type A Board) (6yrs.) Corpus Christi Convention Visitors and Bureau Assoc. (10yrs) El Soccorro Ronald McDonald Fundraiser(18yrs) Involvement with MDA and United Way for the past 14 yrs. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Nine(9)vacancies with terms to 9-30-26,representing the following categories:4-Property Owner,4-Agent,Employee or Tenant(AET)and 1-Resident. (DMD recommends the reappointments of Jaime Barrera,Robert Charles,Eric Gutschow,Casey Lain,Dee Dee Perez,Glenn Peterson,Joshua Richline and Caitlin Shook. The DMD also recommends the postponement of one of the property owner position for further recruitment). Duties The Corpus Christi Downtown Management District provides maintenance,security,marketing,and the promotion and improvement of property and facilities within the district;the district has the authority to levy taxes or assessments for improvements in the downtown area. Composition The district is composed of at least nine,but not more than thirty directors,serving four-year staggered terms. Directors must represent one of the following categories:a resident of the district;an owner of property in the district;an owner of stock,whether beneficial or otherwise,of a corporate owner of property in the district;an owner of a beneficial interest in a trust that owns property in the district;or an agent,employee or tenant of one of the above. Per the Texas Local Government Code,succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Creation/Authority Title 12(Municipal Management District),provisions of Chapter 375,Article III,Section 52,Article XVI,Section 59,Article III,Section 52-a of Texas Constitution and of the Local Government Code;12/16/94-amended by-laws to increase directors from seventeen to twenty members;7/04 the directors voted to decrease directors to fifteen. Meets Member size Term length/Limit Liaison 3rd Thursday of the month,9:00 a.m.,IBC Bank, 15 4 years/N/A Alan Albin 221 S.Shoreline,2nd Floor. Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking 8/11 meetings-73% Jaime N Barrera District 4 Partial 3/24/2020 9/30/2022 City Council reappointment Resident (3 excused absences) Seeking Robert Charles District 2 Partial 5/20/2021 9/30/2022 City Council reappointment AET 11/11 meetings-100% Seeking 8/11 meetings-73% Eric R Gutschow District 5 1 9/12/2017 9/30/2022 City Council Ireappointment Property Owner (3 excused absences) Seeking 8/11 meetings-73% Casey Lain District 2 3 6/8/2010 9/30/2022 City Council reappointment Property Owner (3 excused absences) Seeking 8/11 meetings-73% Dee Dee Perez District 5 3 6/8/2010 9/30/2022 City Council Secretary reappointment AET (3 excused absences) 9-20-2022 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking 9/11 meetings-82% Glenn R.Peterson District 4 3 6/8/2010 9/30/2022 City Council Chair reappointment Property Owner (2 excused absences) Seeking 9/11 meetings-82% Joshua Richline District 2 Partial 11/12/2019 9/30/2022 City Council reappointment AET (2 excused absences) Seeking 8/11 meetings-73% Caitlin Shook District 4 Partial 4/10/2018 9/30/2022 City Council Ireappointment AET (3 excused absences) Not seeking Brad Lomax District 4 2 8/12/2014 9/30/2022 City Council reappointment Property Owner Cherylyn M Boyd District 1 3 12/8/2015 9/30/2024 City Council Active Property Owner Raymond Gignac District 4 5 8/21/2001 9/30/2024 City Council Active Property Owner Krystof Kucewicz District 1 1 6/23/2020 9/30/2024 1 City Council Active AET Lesley B.Lomax District 4 11 11/12/2019 9/30/2024 City Council Active AET Janet Maxwell I District 4 12 12/18/2012 9/30/2024 City Council Active Stock Owner Cheryl A Votzmeyer I District 1 11 4/9/2019 9/30/2024 City Council Active Property Owner 9-20-2022 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Applicants Name District Status Category Jaime N. Barrera District Seeking reappointment Resident Robert Charles District 2 Seeking reappointment AET Eric R. Gutschow District 5 Seeking reappointment Property Owner Casey Lain District 2 Seeking reappointment Property Owner Dee Dee Perez District 5 Seeking reappointment AET Glenn R. Peterson District 4 Seeking reappointment Property Owner Joshua Richline District 2 Seeking reappointment AET Caitlin Shook District 4 Seeking reappointment AET CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jaime N Barrera First Name Middle Initial Last Name Email Address 450 Coral Pl. Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 11 Mobile: (361) 563-5083 Business: (361) 825-3320 Primary Phone Alternate Phone Texas A&M University-Corpus Vice President Institutional Christi Advancement Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Dr., Unit 5741 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78412 Immo fel Rnrrorn Work Phone 3618253320 Work E-mail address jaime.nodarse@tamucc.edu Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EDUCATION Texas A&M University, College Station,TX Financial Planning Certificate Program Financial Planning Certificate Completion University of South Florida, Tampa, FL Graduate School of Arts and Sciences, Department of Applied Anthropology Master of Arts in Applied Anthropology University of South Florida, Tampa, FL College of Public Health, Department of Community and Family Health Master of Public Health in Maternal and Child Health Lawrence University, Appleton, WI Bachelor of Arts cum laude in Anthropology Independent Research cum laude PROFESSIONAL AFFILIATIONS Council for Advancement and Support of Education (2012-Present)Association of Fundraising Professionals, Coastal Bend Chapter(2014-Present) Corpus Christi Estate Planning Council (2015-2019)COMMUNITY ACTIVITY(Present) Corpus Christi Symphony Orchestra Board of Directors (2019-Present) United Corpus Christi Chamber of Commerce Governmental Affairs Committee (2018-Present) Six Points Kiwanis Club, Past President (2012-2020) Women's and Men's Health Services Board of Directors, Past President (2014-Present) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A laimo ISI Pnmarn Why are you interested in serving on a City board, commission or committee? As the Vice President of Institutional Advancement at Texas A&M University-Corpus Christi, it would be an honor to serve on the DMD Board of Directors as the representative from Texas A&M University- Corpus Christi.The University's expansion into downtown Corpus Christi is monumental both for the University and our community. Our investment in downtown is a commitment to working collaboratively to positively impact and assist in the revitalization of the downtown area. We believe that a vibrant downtown benefits everyone through enhanced economic development, recruitment and retention of high-achieving students and young professionals, increasing opportunities for innovation and growing cultural events in arts and entertainment. And, we believe that Texas A&M-Corpus Christi can add to the positive improvements and energy that are building through the efforts of the DMD. Personally, I believe in the power of a vibrant downtown and want to live in a community that invests in and benefits from a downtown that is thriving. I have seen the effects of the DMD's work over the past several years and want to be a part of the effort happening to make our downtown safer, more beautiful and bustling with new businesses. I love living in Corpus Christi and believe that we have an opportunity to build on the momentum happening over the last several years to make positive progress. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r•' No Does your employer or your spouse's employer have a City contract? r Yes r No Immo fel Rarrorn Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner in the District Verification Immo fel Rarrorc City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree laimo fel Rarrorn Jaime Nodarse Barrera 450 Coral Place Corpus Christi,Texas 78411 361-563-5083 EDUCATION Texas A&M University, College Station,TX Financial Planning Certificate Program Financial Planning Certificate Completion University of South Florida,Tampa, FL Graduate School of Arts and Sciences, Department of Applied Anthropology Master of Arts in Applied Anthropology University of South Florida,Tampa, FL College of Public Health, Department of Community and Family Health Master of Public Health in Maternal and Child Health Lawrence University,Appleton,WI Bachelor of Arts cum laude in Anthropology Independent Research cum laude EXPERIENCE Texas A&M University-Corpus Christi December 2012-Present Vice President of Institutional Advancement March 2020- Present Acting Vice President of Institutional Advancement May 2019-February 2020 ■ Provide strategic leadership in cultivating relationships for the University with alumni, donors, friends of the University, board members and elected officials ■ Work closely with the University President and Administration to set challenging, yet realistic, fundraising priorities and goals that align with the strategic plan of the institition ■ Procure resources to advance the goals and mission of the University and personally manage a portfolio of high-level donors and prospective donors ■ Lead and manage the departments of Advancement Services,Alumni Relations, Development and Stewardship, and coordinate with the Texas A&M-Corpus Christi Foundation in regards to solicitation and management of donations ■ Lead planning and implementation of the current Capital Campaign ■ Create and implement departmental work plans designed to strategically and incrementally increase alumni engagement, alumni participation rate, and overal philanthropic support for the University over time ■ Regularly assess and report progress on fundraising and work plan goals to the University President and Administration Assistant Vice President of Development August 2017-May 2019 Nodarse Barrera 1 ■ Identified, cultivated, solicited, and stewarded major, special and planned gifts ■ Planned and implemented campaigns related to major, special and planned giving ■ Led planning and implementation of Capital Campaign ■ Supervised the Executive Director of Alumni Relations and oversaw alumni relations, the National Islander Alumni Association Board of Directors, and all engagement activities including outreach and participation with the Young Business Professionals of the Coastal Bend ■ Supervised the Executive Director of Development and oversaw all aspects of annual, mid and major level Development activities; including Annual Fund, Parents'Council, President's Council, Faculty& Staff Giving Campaign, and the Student Foundation Association ■ Supervised the Executive Director of Advancement Services and oversaw all aspects of prospect research, gift processing, database management, and records and reporting ■ Supervised the Stewardship Coordinator and oversaw all donor relations, stewardship, and event planning activities ■ Supervised the Foundation Coordinator and acted as the liasion with the Texas A&M- Corpus Christi Foundation Interim Director of Marketing July-August 2017 ■ In addition to AVP duties, oversaw supervision and management of the Marketing department during family leave of the director ■ Supervised graphic designer, social media coordinator, photographer and web developers daily assignments ■ Oversaw content layout and editing for University print and online publications ■ Implemented the first phase of a major University-wide marketing campaing, Islander Impact, to include facilitating meetings with external consultant, review and approval of all marketing materials, and implementation of new materials on external and internal channels Interim Director of Communications August 2017-January 2018 ■ In addition to AVP duties, acted as Director of Communications during staffing transition of that position prior to the hiring of a new VP of Marketing and Communications ■ Oversaw management and operations of communications team, including writing staff, videographer,public information requests, public relations, and the administrative assistant ■ Acted as the University Public Information Officer, including throughout Hurricane Harvey ■ Led communications efforts for the entire University throughout Hurricane Harvey, including mandatory evacuation of campus, messaging throughout the hurricane, post- disaster messaging and public relations, and communications during the re-opening of campus ■ Worked directly with the Incident Command Officer and Team and the President of the University to ensure students, parents, faculty, staff, alumni and the community were updated regularly about the impact of the hurricane on campus and the delayed start of the semester ■ Served the President as the primary content manager and messaging expert Director of Foundation and Corporate Relations December 2012-June 2015 ■ Administered the preparation and submissions of foundation and corporate gift proposals for the Office of Development Nodarse Barrera 2 ■ Identified and solicited corporate partners for the Achieve Campaign ■ Directed the identification and cultivation of prospective foundation and corporate funders ■ Directed stewardship efforts to maintain positive relationships with existing foundation and corporate donors ■ Supervised grant writer and other projects as assigned by the Vice President of Institutional Advancement Amistad Community Health Center September 2009-December 2013 Corpus Christi,TX Director of Resource Development and Quality Improvement ■ Member of four-person management team responsible for: carrying out organization's mission,vision and goals; developing and monitoring operating and capital budgets; developing and implementing policies and procedures; and recruiting and retaining qualified, professional and compassionate staff ■ Responsible for grant development, implementation, budget compliance and reporting ■ Implemented quality improvement program, including data collection and analysis, Federal and State regulation compliance, and reporting outcomes ■ Promoted organization's services and enhanced visibility among community stakeholders by participating in multiple community coalitions and committees, representing the organization at fundraisers and local social service agency meetings, and directed and implemented external marketing campaign Mission 911 Homeless Shelter July 2009-September 2009 Grant Writer ■ Assisted with shelter operations, including facilities management, volunteer placement, and development of standard operating procedures and client evaluations ■ Supported the shelter director with grant writing, soliciting donations and sponsorships, and chaired major fundraising event Texas House of Representatives,Austin,TX February 2009-June 2009 Legislative Aide, Representative Roland Gutierrez ■ Responsible for covering proposed legislation related to Health and Human Services ■ Researched and analyzed health policy legislation ■ Wrote summary documents for the Representative on health-related proposed legislation ■ Communicated and collaborated with various stakeholders to create legislation that addressed a health need and was supported by government and non-profit agencies ■ Drafted legislation relating to lead risk assessment screenings, a diabetes registry pilot program, and the reporting of MRSA infections Metropolitan Ministries,Tampa, FL May 2007-December 2008 Health Specialist Case Manager ■ Participated as member of residential committee responsible for evaluating, admitting, or terminating residents'housing contracts based on their performance and ability to meet agreed upon goals for program completion ■ Designed Health Assessment survey instrument to assess medical needs and health related issues of homeless residents ■ Conducted Health Assessments with homeless residents when they arrived at the shelter in order to connect them with necessary health care services and providers Nodarse Barrera 3 ■ Assisted shelter residents in navigating health care and health insurance systems ■ Assisted residents in overcoming barriers limiting their access to health care services Marketing Advantage, Davenport, IA 2005-2009 Consultant, Organizational Branding and Qualitative Methods ■ Designed and implemented market research plans and methods ■ Conducted and analyzed in-depth interviews of clients and research participants ■ Wrote summation of research results for presentation to clients ■ Researched, created and implemented social media marketing strategies Lawrence University,Appleton,WI 2005-2006 Associate Director of Admissions, Multicultural Recruitment ■ Recruited students from a territory that covered Wisconsin, Minnesota, and Iowa through high school visits, college fairs and on-campus recruitment events ■ Recruited multicultural students from a variety of ethnic, socio-economic, geographic, and cultural backgrounds to ensure diversity among incoming class ■ Evaluated student applications for admissions and recommended top-performing students for admissions and scholarships ■ Supervised and trained over 300 student workers who served as tour guides, lunch hosts, and overnight hosts to prospective students Committee Involvement Texas A&M University-Corpus Christi ■ President's Cabinet ■ Institutional Effectiveness Council for Administrative and Support Units ■ Strategic Planning&Continuous Improvement Council ■ Intercollegiate Athletics Council ■ Community Outreach Council ■ Scholarship Committee ■ University Technology Council Professional Affiliations ■ Council for Advancement and Support of Education(2012-Present) ■ Association of Fundraising Professionals, Coastal Bend Chapter(2014-Present) ■ Corpus Christi Estate Planning Council(2015-2019) Community Involvement ■ Corpus Christi Symphony Orchestra Board of Directors (2019-Present) ■ United Corpus Christi Chamber of Commerce Governmental Affairs Committee (2018- Present) ■ Six Points Kiwanis Club, Past President(2012-Present) ■ Women's and Men's Health Services Board of Directors, Past President(2014-Present) Nodarse Barrera 4 ■ Lawrence University Viking Gift Committee and Reunion Chair(2004-2019) ■ Leadership Corpus Christi Executive Committee (2012-2016) ■ Leadership Corpus Christi Class XLII, General Chair(2013-2014) ■ Destination Bayfront(2012-2013) ■ Habitat for Humanity Board of Directors,Vice-President (2011-2012) ■ Leadership Corpus Christi Class XXXIX(2010-2011) ■ Goodwill GoodGuides Program,At-Risk Youth Mentor(2010-2011) ■ CCU40 Steering Committee (2010-2011) ■ Texas A&M University Bush School of Public Services Emerging Leaders in Public Service Program (2010) ■ Lawrence University Alumni Association Board of Directors, Student Relations Committee Chair (2004-2008) ■ University of South Florida Service Learning Leadership Academy(2006-2007) Awards ■ Ready or Not Foundation 2019 Best Dressed Honoree ■ Lawrence University Marshall B. Hulbert '26 Young Alumni Outstanding Service Award 2019 ■ Texas A&M University-Corpus Christi Harvey's Heroes Award 2017 ■ Six Points Kiwanis Club 2013 Kiwaniian of the Year ■ Corpus Christi Under 40 Recipient 2013 References Penelepe Hunt, Senior Consultant and Principal Marts &Lundy 224-678-8195 hunt m martsandlundy.com S.Trent Hill,Vice President of Philanthropic Partnerships Amarillo Area Foundation/Don and Sybil Harrington Foundation 806-376-4521 trent(a aaf-hf.org 801 S. Fillmore, Suite 700 Amarillo, TX 79101 Ben Wallace, Chairman of the Board American Bank 361-653-5070 bwallacena americanbank.com 800 N. Shoreline Blvd., Ste. 2005 Corpus Christi,TX 78401 Nodarse Barrera 5 CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile Robert Charles First Name Last Name Email Address 1014 Miramar Place Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 30 Home: (361) 815-8199 Home: (361) 815-2373 Primary Phone Alternate Phone IBC Bank Senior Vice President Employer Job Title Work Address - Street Address and Suite Number 221 S. Shoreline Work Address - City Corpus Christi Work Address- State TX Work Address -Zip Code 78401 Dnhort (`hfarloc Dano 1 of r� Work Phone 361-888-4000 Work E-mail address robertcharles@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Reapplying Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High school diploma, attended Del Mar College and Texas A&M Kingsville. Former board member of the Corpus Christi Literacy Council from 2000-2013. Have volunteered with United Way, Coastal Bend Food Bank, March of Dimes, Beach to Bay& KEDT TV Auction. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Downtown Management District Why are you interested in serving on a City board, commission or committee? I am specifically interest in the DMD because they have done a great job at branding and improving the downtown area. I have worked downtown for 30 years and have seen the change and want to part of that movement. Uplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No pnhort ('hnrloc Dano 7 of C; No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (. Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Rnhort ('hnrloc Dano 2 of Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Drihort f-hnrloc Dnrro A of G Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Drihort (`hnrloc Dnrvo of F, ROBERT CHARLES 1014 Miramar Place Corpus Christi, TX 78411 361-815-8199 robertcharles@ibc.com April 30, 2021 Downtown Management District RE: Board Member Position Please accept this letter as an expression of my interest in the Board Member position. I am a highly motivated and progress focused Senior Vice President & Operations Manager with a long-standing background in the banking industry. With a record of initiative and dependability which I believe will prove valuable to the Downtown Management District. I have contributed critical thinking, management, and financial management toward team efforts and business improvements. I am progressive minded and in tune with new developments in my industry. I am a capable and consistent problem-solver skilled at prioritizing and managing projects to completion. Please take a moment to review my attached resume. I would greatly appreciate the opportunity to serve on the Downtown Management District board. Sincerely, Robert Charles Robert Charles 1014 Miramar Place Corpus Christi, TX 78411 361-815-8199 robertcharles@ibc.com Objective To obtain a Board Member position on the Corpus Christi Downtown Management District board where I can utilize my leadership skills, professional experience, and knowledge to assist in meeting their goals and objectives. Experience Board Member Corpus Christi Literacy Council—2000 - 2013 ■ Board Chair—2010 ■ Treasurer—2009 ■ Tutor—taught adults how to read, write, speak, and understand English ■ Provided financial guidance&monitored expenditures ■ Worked closely with other board members to plan various fundraising events — Strike for Literacy Bowl a thon, Scrabble Tournament,Lone Star Gala ■ Served on the Selection Committee for a new Director Community ServiceNolunteer Experience ■ United Way of the Coastal Bend—recognized with a Campaign Leader Award in 2016 ■ Coastal Bend Food Bank ■ March of Dimes ■ Beach to Bay ■ KEDT TV Auction Work Experience IBC Bank 1995—Current Senior Vice President&Operations Manager The Bank of Corpus Christi 1990— 1995 Assistant Cashier CITY OF CORPUS CHRISTI Submit Date:Aug 12, 2022 Application for a City Board, Commission, Committee or Corporation Profile Eric R Gutschow First Name Middle Initial Last Name Email Address 3026 Twin Creek Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 39yr Mobile: (361) 510-4899 Business: (361) 510-4899 Primary Phone Alternate Phone Brewster St., Concret St., Rockits Whiskey Bar -_ - Owner/,,Manager -_- Employer Job Title Work Address - Street Address and Suite Number 3026 Twin Creek Work Address- City Corpus Chisti Work Address - State Texas Work Address -Zip Code 78414 Grin R (,t itcrhntAi Work Phone 361-510-4899 Work E-mail address eric@gutschow.us Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? Own and operate multiple businesses in the downtown area. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender f1 Male Fria R (,i ItCf-knIA1 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) r-:rirr Q (_11tcrhn1A1 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner in the District Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree r:rirr 0 (=i itcrhrIM Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree P:rirr Q (=i rtcrhn�ni Eric Gutschow Attention: Downtown Management District To whom it may concern: I have been in the entertainment, food and beverage business in Corpus Christi since 1983.Started out at the bottom as a cook then worked my way up to bartending and now an owner to several business. In 1957, 1 took the general management position at Click Billiards and worked there for 5 years. In 1992, 1 worked at the New Grey hound Racetrack as the bar manager. I have also been as a bartender and bar manager in many of the popular night clubs around this city. The next stage of my employment brought me to the downtown area. I help build and open up Tom Foolery's. I was employed there in 1995 until 1998. 1 finally got an opportunity to open my own business and leased the Old Centre Theater on Chaparral St. This theater was opened up as a movie theater but was also hosted live music,comedy shows, wrestling and more. I was offered the position to join forces with Concrete Street Amphitheatre in 1999 and have been with them to the present day. My company, OFF CENTER CATERING,does all the alcohol beverage service for Concrete Street. During the early part of this time, I partnered up and opened up Club Oxygen. Club Oxygen was a popular downtown night club. 2006 to the present day, I am a partner in Brewster Street Icehouse. And with this partnership, I can now call myself a downtown property owner. My partners and I have purchased the building where my new bar Rockit's Whiskey Bar and Saloon has been open and thriving in business. Thank You Eric GutSChOW CITY OF CORPUS CHRISTI Submit Date:Aug 08, 2022 Application for a City Board, Commission, Committee or Corporation Profile Casey Lain First Name Last Name Email Address 4429 Dolphin PI Street Address. CORPUS CHRISTI TX 78411 City Slate Postal Code What district do you live in? V District 2 Current resident of the city? r Yes r No If yes, how many years? 34 Home: (361) 510-9863 Home: (361) 882-7625 Primary Phone Alternate Phone HOUSE OF ROCK__ Managing Partner Employer Jon Title Work Address-Street Address and Suite Number 511 STARR ST. Work Address- City CORPUS CHRISTI Work Address- State TX Work Address-Zip Code 78401 (''�cov I min Work Phone 361-882-7625 Work E-mail address caseyptexashouseofrock.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Graduate of Mary Carroll High School and some college Leadership Corpus Christi Class 36 Volunteer for the March of Dimes once a year Volunteer for Decorate DTown Host Several Fundraisers throughout the year for organizations such as Beautify CC,The Brown Bag Challenge, The Surfrider Foundation, Kspace Contemporary and more Graduating Class#36 for Leadership Corpus Christi Also promotes concerts and events outside of House of Rock such as Ziegfest which brings in tourist dollars and provides an outlet for entertainment to our community. Why are you interested in serving on a City board, commission or committee? To serve downtown and the community Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No r`nCnNI I nin Demographics Ethnicity p Prefer not to Answer Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? rYes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) r'nCON1 1 min Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner in the District Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. q I Agree r'C)cav I min Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree r'ncov 1 nin CITY OF CORPUS CHRISTI Submit Date:Jan 07, 2015 Application for a City Board, Commission, Committee or Corporation Profile Dee Dee Perez First Name Last Name Email Address 5033 CRESTWICK DR. Street Address CORPUS CHRISTI TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No 361-673-2800 Primary Phone Alternate Phone HOTEL CORPUS CHRISTI BAYFRONT Employer Job Title Work Address- Street Address and Suite Number 601 N. WATER ST. Work Address - City CORPUS CHRISTI Work Address - State TX Work Address - Zip Code 78401 Work Phone 361-882-8100 rloo rloo [Dorn-7 Dano 1 of '2 Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT:Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Why are you interested in serving on a City board, commission or committee? Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No n,nn nnia Dorn-7 Dano ) of Q Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Verification nnn nian Dorn-7 Dano Q of Q CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Glenn R. Peterson First Name Middle Initial Last Name Email Address 410 CAPE HATTERAS Street Address CORPUS CHRISTI TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 28 Business: (361) 884-0707 Mobile: (361) 765-7117 Primary Phone Alternate Phone Texas REALTY EXCHANGE GROUP _ Broker Employer Job Title Work Address- Street Address and Suite Number 402 PEOPLE ST., STE.4-C Work Address- City CORPUS CHRISTI Work Address- State TX Work Address-Zip Code 78401 (_lonn D Dntnrcnn Work Phone 361-884-0707 Work E-mail address grp1966@aol.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? c Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Downtown Management District Education, Professional and/or Community Activity (Present) Currently the Realt Estate Broker for Texas Realty Exchange Group LLC.for the past 15 yrs. Studied Drafting & Design and Architectural Drawing at Southeastern Oklahoma State University Why are you interested in serving on a City board, commission or committee? Because my office is in the district and I enjoy seeing the downtown grow in a positive direction. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Ethnicity W Hispanic Gender W Male r_lonn 0 Dotorcnn Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? (- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r•, No Does your employer or your spouse's employer have a City contract? t Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? rYesrNo Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NO Board-specific questions (if applicable) (_lonn D Dnfnrcnn Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree (=1onn 0 Dntorcnn Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (=lonn D Dntorcnn CITY OF CORPUS CHRISTI Submit Date: Oct 20, 2019 Application for a City Board, Commission, Committee or Corporation Profile Joshua Richline First Name Last Name Email Address 1806 3rd St Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes No If yes, how many years? 18 Business: (361) 760-1015 Mobile: (361) 510-0561 Primary Phone Alternate Phone Richline Technical Services, LLC Managing partner Employer Joh Title Work Address-Street Address and Suite Number 114 N Mesquite St Work Address -City Corpus Christi Work Address - State TX Work Address -Zip Code 78401 lnchi in Rirhlinn Dano 1 of 1� Work Phone 361-882-6297 x 2015 Work E-mail address jrichline@richline.cc Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Appointed Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) IT Consultant, Business Owner, Active in downtown community and the Corpus Christi Yacht Club If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Downtown Management District Why are you interested in serving on a City board, commission or committee? To help continue the progress that has been made/is being made in making Corpus Christi a better place to live. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics lnchi in Dirhlino Darin of r, Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) lnchi in Dirhlino Dnno Z of G Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? 1•J Property Owner • Agent Employee or Tenant Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. �J I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree lnchi in Dirrhlino Dnno A of 1� Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lnchi in Dir-hlino Dnrvo r, of 1� Joshua Richline Mrichline(a)richline.cc 361-760-1015 Executive Summar): Started Richline Technical in 2001 with my brother as a partner. Grew the company with zero debt eventually adding on a third partner. Balanced multiple roles within the company acting as Managing Partner for several years in the late 2000's and again now. The other partners are now completely or most "inactive" in their roles in the company. Project Manager/Technician/Sales Engineer (2001-2006): • Maintained many client networks including the Convention and Visitors Bureau & Chamber of Commerce to Perry and Haas & Sorrell, Anderson and up to 100 other clients both locally and regionally. • Citrix certified since 2001-We were the only Citrix shop south of Houston for quite a while • Collectively grew company from two people to seven with zero debt • Notable Projects include: Network design and build for CB Surgery Center, Document management projects for Pearson & Price (now Branscomb, PC) and Langley and Banack (in San Antonio). Managing Partner (2006-2009): • Acquired and renovated our new building and went through fairly rapid growth • Negotiated the acquisition of Pyramid Communications expanding our service offerings to include phone systems and structured cabling services • Grew from seven to more than 15 employees • Helped our clients save money during the economic downturn by outsourcing their IT utilizing Managed Services and taking advantage of early virtualization initiatives. • Streamlined company operations, renegotiated existing contracts and saved money where we could • Oversaw a highly effective helpdesk operation with high customer satisfaction Business Development (2010-2016): (Let the other 2 partners "run" the company while I focused on building specific lines of business primarily based around the recently acquired Pyramid Communications) • Modernized Pyramid Communications service offerings from installing and supporting mostly Nortel digital systems to Nortel VolP and ShoreTel UC system and eventually some hosted VoIR • Expanded Pyramid Communications through marketing efforts and integration into existing client base Joshua Richline irichline(&richline.cc 361-760-1015 • Gained recognition by ShoreTel for high customer satisfaction • Acquired new lines of business including LifeSize, Ruckus, and Aruba. • Notable large VoIP networking projects include: o Network design, new ISP/phone company, new phone system simultaneous switchover for Mission Parks 13 locations in San Antonio and Houston o The network rebuild and new building buildout for City of Kingsville o The network infrastructure build for the M&G plant o Meanwhile maintaining phone systems and networks for up to 100 businesses/entities • Brought on new purchasing agreements which allowed us to secure and maintain government contracts • Continued to help meet the mobility needs of our clients and the rise of BYOD through our partnerships with ShoreTel and Citrix • Pushed standardization of solutions in order balance customer needs and staff training demands • Achieved high profits during 2014-2015 without major growth in personnel mostly due to these large projects I was securing. Managing Partner (2017-2018): (during this period the 2 other partners become more silent partners due to life events) • Pushed training of existing staff • Re-Emphasized customer service within the tech room and addressed concerns around prioritization of tickets and ticket queues. • Worked closely with techs to foster team environment and increase customer satisfaction • Cut costs and managed budgets with two non-participating business partners • Implemented new contract documents to standardize customer contracts and manage client expectations • Trimmed out clients that were draining resources, reorganized processes and staff to make us more efficient and then began ramping back up sales and bringing on new clients Other Noteworthy Accomplishments/Roles: • Navigated several government purchasing contracts/vehicles to be able to support/sell to counties, cities, and school districts. Juggled several at once in selling ShoreTel, LifeSize and others. Currently supporting a NASPO Valuepoint (formerly WSCA-NASPO) contract, DIR (State of Texas) and NCPA (National Cooperative Purchasing Alliance) Joshua Richline irichline(a)richline.cc 361-760-1015 • Brought on new distributors and new products and implemented staff training the staff on them. • Consistently looked for methods to save clients' money and make them more efficient. Brought on Intelisys as a way to shop the market for clients' needs to save them money and give us more reoccurring revenue (commissions) for things they were already buying other places (Internet, DialTone, Cloud, etc...) • Launched new initiatives driven by client needs and market trends-- Reinvented the company as necessary to keep up with the changing market. • Managed acquisitions, divestitures, contract negotiations and even threat of lawsuits Certifications: • Microsoft (MCP's & MCSA's of varying vintages) • Citrix XenApp (CCP) and XenServer • Citrix Sales • Mitel Certified Engineer (UCSE), Certified System Installer (UCSI), Certified System Programmer (UCSP)-current (since 2010) • (Mitel)ShoreTel Mobility Certified (SMSI) • Mitel Sales and Solution Architect (SSA) • Sonicwall CSSP & CSSA-current • LifeSize Certified Technical Expert (LCTE) • Ruckus (WISE) Wireless Certified • WorlDox Installer (Document Management) • Intelisys Super9 Graduate • Entreleadership Graduate Volunteer and Board Positions: Corpus Christi Yacht Club Board of Directors 2015-2017 Corpus Christi Yacht Club Race Chair 2018 Corpus Christi Yacht Club Education Chair and Protest Chair 2019 MORF Board Secretary 2013-2014, Fleet Captain 2015 Volunteer Technical Services for HEB Feast of Sharing since 2014 IT Coordinator for World Youth Sailing Championship 2018 IT Coordinator for the Etchells World Championship 2019 Joshua Richline a richline(&richline.cc 361-760-1015 Pints with Pups on Patios (a "Pup Crawl" in Downtown Corpus Christi) Coordinator since 2018 Corpus Christi Under 40 recipient 2019 CITY OF CORPUS CHRISTI Submit Date:Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Caitlin Shook First Name Last Name Email Address 236 Montclair Dr Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 20+ Home: (361) 774-6724 Business: (361) 774-6724 Primary Phone Alternate Phone Self Employed NA Employer Job Title Work Address- Street Address and Suite Number 312 S Chaparral Work Address - City Corpus Christi Work Address- State Texas Work Address- Zip Code 78401 ('aitlin Chnnit Work Phone 3617746724 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NA Education, Professional and/or Community Activity (Present) Driscoll Children's Hospital- Blood and Cancer Center, Volunteer, 2017-2020 Rising Tide Society, 2018 Paws and Claws Auxiliary to the Gulf Coast Humane Society, Publicity Chair, 2016-Present Audubon Outdoor Club,Technology Chair, 2017-Present If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? I am interested in aiding our DMD board in making downtown Corpus Christi an attractive and accessible tourist destination in which our downtown businesses can thrive. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r• Yes r No ('niflin ChnnL No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes t' No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) (`nitlin Chnnl, Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner in the District Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I1 I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 111 I Agree (`nitlin Chnnls Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree ('nitlin Chnnl- 361-774-6724 Caitlin Shook EDUCATION The University of Texas at Austin Austin,TX BS, Public Relations with focus in Spanish May 2010 EXPERIENCE Program Manager Impact Health 2020-Present • Handle client relations and sales while in coordination with program supply logistics and staffing requirements • Manage eight FEMA programs nationwide executing screenings of 700+staff across sites daily • Successfully launch 12 FEMA testing sites including mobile, drive-thru, and stationary across the nation Content Creator The Bad Blonde CARS 2019-Present • Intensive cross platform classic car social media campaign to increase reach, impressions,subscribers, and following • Specs: IG: 24.1k subs, FB: 23.7k subs,YouTube: 3.2k subs Marketing/Communications Director Corpus Christi Chamber of Commerce 2020—2020 • Create marketing plan for the Small Business Regional Pandemic Grant Program with check presentation event logistics—a grant collaboration between the City of Corpus Christ and Port of Corpus Christi • Strategize all chamber sales, marketing and communications efforts, manage social media platforms and website • EVENT: Plan and execute Chamber signature events; State of the City, State of the County, 30 Days of Small Business awards, State of the Port, H-E-B Virtual Conquer the Coast Ride,Weekly Legislative"virtual events" Communications Director Nueces County Medical Society 2017-2019 • Plan and direct all Medical Society communication efforts within Nueces county and statewide • EVENT: Secure vendor sales(300+), marketing, and execute the largest Health Fair in South Texas(4,000+) • Marketing, communications, design and editor of the bi-monthly NCMS Coastal Bend Medicine Magazine Marketing Tour Manager Impact Health 2012-2017 • Nationwide health tour encouraging health program participation,testing, and health coaching • Establish employee communication and understanding of organization's health programs and benefits • Maintain strict HIPAA adherence while completing communications goals and objectives Experiential Marketing Manager Sony PlayStation 2012 • Execute pre-sale purchase,engage, and educate consumers of the unreleased PSVita product (SXSW 2012) • EVENT: Smoothly operate events of 200+consumers while educating and providing memorable brand experience Media Spokesperson/Event Manager Marketing Werks 2011 • Deliver concise media message of Walgreen's Wellness Tour's national marketing health campaign • Market and communicate key objectives to nationwide press/media/television Public Relations AccoladesPR,ATX 2011 • Create communications strategy and contact pertinent press/media dependent on clients genre or needs • Event management,set-up and marketing for AccoladesPR at the SXSW Austin's CoHabitat Party Communications/Marketing Trifecta,ATX 2010 • Event coordinator, sales, planning, execution, promotion and advertising of'Trifecta's Bourbon Bash' • Create, execute and adapt marketing/sales initiatives reaching Austin's downtown residential population Sales/Marketing Sabertec,ATX 2009 • Plan, coordinate, and execute Sabertec's'Green Party'targeting Austin's eco community and influential press • Start sales initiative to retrofit the municipal fleet of Corpus Christi,Texas with Sabertec's product'Blade' Owner,Operator Shook Detail, Corpus Christi TX 2002-2007 • Combine marketing, client relations, and elbow grease to run independent detailing service from Shook Enterprises LANGUAGE-LEADERSHIP-SERVICE Language: Intermediate Spanish Women's and Men's Health Services—Board Member 2018-2020 Downtown Management District—Board Member 2018- Present Driscoll Children's Hospital Cancer and Blood Disorders Center- Volunteer 2017-2019 Dell Children's Medical Center- Hematology and Oncology Clinic Volunteer, 2009-2011 Driscoll Children's Hospital Rehabilitation Center Volunteer, 2007-2008 LIBRARY BOARD Four(4)vacancies with terms to 11-5-2024,representing the following preferred,but not required categories:1-La Retama Club,1-Friends of the Library Board and 2-Regular Member.(The Friends of the Libraries Board nominated Sharron Hines for reappointment and La Retama Club nominated Carroll Matthews). Duties The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. Composition Nine(9)voting members which nine(9)members shall be appointed by the City Council with terms of two(2)year or until a successor is appointed.A member in each of the following categories is preferred but not required:La Retama Club and Friends of the Corpus Christi Public Libraries Board. Creation/Authority Section 2-75,Code of Ordinances. Ordinance Nos.1889,12044,13235,18473,18606,M85-0399,8-27-85;19830,7-7-87;M87-0330,9-22- 87;20115,12-17-87;20294,5-3-88;20674,5-16-89;022900,4-15-97;027945,11-18-08;Ord.032058-3-17-2020. Meets Member size Term length/limit Liaison 1st Tuesday of every month,10:30 a.m.,La Retama 9 2 years/6 years Sylvia Sanchez Central Library Board Room,2nd Floor Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking Friends of the 7/10 meetings-70% Sharron K.Hines District 4 1 2/23/2021 11/5/2022 City Council reappointment Libraries Board (1 excused absence) Seeking Dora A.Wilburn District 2 1 2/23/2021 11/5/2022 City Council reappointment 9/10 meetings-90% Met the six-year Alice Nixon District 5 3 6/14/2016 11/5/2022 City Council Chair Iservice limitation La Retama Club Ida Hobbs District 5 2 2/12/2019 11/5/2022 City Council Resigned Pooja Bindingnavele District 4 1 11/9/2021 11/5/2023 City Council Active Nicole C.Carroll District 4 3 11/7/2017 11/5/2023 City Council Active Dr.Vickie C.Natale District 2 2 11/6/2019 11/5/2023 City Council Active Julie T.Rogers District 1 3 11/7/2017 11/5/2023 City Council Active Veronica Towns I District 5 11 2/23/2021 11/5/2023 ICity Council I jActive 9-20-2022 LIBRARY BOARD Applicants Name District Status Category Valerie de Angeli District 5 Applied Oscar E. Dodier District 2 Applied William E. Furlow District 4 Applied Alice U Hawkins District 2 Applied Seeking Friends of Corpus Christi Libraries Sharron K. Hines District 2 reappointment Nominee *Ruben Macias District 5 Applied Carroll P. Matthews District 4 Applied La Retama Club Nominee Jynelle N. Ornelas-Stanton District 5 Applied Sarah Tuley District 5 Applied Timothy Weitzel District 1 Applied Seeking Dora A. Wilburn District 2 reappointment David S Zill I District 4 lApplied *Serves on the Watershore and Beach Advisory Committee. Will resign if appointed. CITY OF CORPUS CHRISTI Submit Date:Aug 26, 2022 Application for a City Board, Commission, Committee or Corporation Profile Valerie de Angeli First Name Last Name Email Address 7315 Russ Lane Street Address Corpus Christi TX 78414 City - _ State - Postal Code What district do you live in? Pr District 5 Current resident of the city? r Yes r No If yes, how many years? 3 Home: (361) 443-4830, Home: (361) 443-4830 Primary Phone Alternate Phone Texas A&M Health Science Continuing Education Program Center- - Manager Employer Job Title Work Address-Street Address and Suite Number 209 N. Water St. Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78401 \/nloric An Anncli Work Phone 3615618594 Work E-mail address deangeliCa tamu.edu Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Bachelor's Degree, English, Penn State University Why are you interested in serving on a City board, commission or committee? It is important to me to be a part of helping people access information. Knowledge isn't out of reach; it's right there waiting at libraries down the street. Are you an ex-Officio member of a City Board, commission or committee? ... . . . .... . ... . . .. .. . r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics \/mIckrick rick Annckli Gender 17 Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) \/morin Him Onnoli Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? CJ None of the above Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree \/nlorio rlc Ommnli Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. PF I Agree Oath I swear that,4 of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree \/-nIcrin Am Onnah CITY OF CORPUS CHRISTI Submit Date:Aug 18, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr Oscar E Dodier Prefix First Name Middle Initial last Name Email Address 130 Watson St Street Address Corpus Christi TX 78415 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 42 Mobile: (361) 793-2461 Home: (361) 793-2461 Primary Phone Alternate Phone Primera lglesia Bautista Finance Secretary Employer Job Title Work Address - Street Address and Suite Number 1509 Tarlton St Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 nnr ()cr-nr G nnrlior Work Phone 3618843582 Work E-mail address pibcc@sbcglobal.net Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors in Psychology Corpus Christi Symphony If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Library Why are you interested in serving on a City board, commission or committee? I want to safeguard access to all reading materials in Corpus Christi,Texas while working towards expand literary opportunities to all Corpus Christians. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No nnr ncrnr � nnrlior No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r•' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes rNo If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) nnr ncrnr 17 nnrlior Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree AAr ncrar 11= nnrlior Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. R I Agree NAr ncr nr r nnrJior OSCAR ESTEBAN DOWER FINANCE & OPERATIONS MANAGER o DETAILS o 1 PROFILE 361.793.2461 Results-driven leader with eighteen years of progressive nonprofit and entrepreneurial experience with expertise in strategic planning, financial management, budget development and administration and human resource o SKILLS o management. Effective communicator with strong planning, organization and Operations Management problem-solving skills. Proven record of proactively developing solutions and Project Management systems that mitigate risk, improve efficiency and reduce expenses. Financial Analysis Financial Management EMPLOYMENT HISTORY Budget Administration FINANCE&OPERATIONS MANAGER Contract Negotiation Primera Iglesia Bautista 2011 — PRESENT Vendor Selection& Oversee the daily operations with full responsibility of P&L, governance, Management programming, marketing, human resources, event planning and project management. Lead the development and administration of annual budgeting and Facilities Management short and long-term planning. Process Improvement • Oversaw the modernization of accounting and payroll systems resulting in Policy&Procedure decreased staff hours to complete regular and ad-hoc reports. Development . Instituted financial planning measures,which eradicated deficit spending and Budget Development increased organizational assets by$150,000. Capital Planning * Improved capital planning and preventative maintenance resulting in reduced Marketing&Social Media emergency expenditures. • Developed successful operational plan resulting in increased revenue, customer engagement and major facilities upgrades. o SOFTWARE o • Analyzed financials resulting in improved strategy and forecast accuracy. Accounting&Payroll • Prepare monthly budget, payroll and tax reports as well as annual statements Software and financial reports. HR Software • Present and defend budget and strategic plan to board of directors and members. Microsoft Office • Analyze data and trends in order to improve revenue and expenditure Google Suite forecasts for budget and long-term plans, with Data Visualizations and excel Adobe Creative Suite spreadsheets backed up by CRM software stored organizational data. Front End Website Editing • Direct RFP and contracting process for regular and special expenditures to CRM Software ensure reliable and cost effective vendors. Experience in general manager, conflict management, and entry level pivot tables. Constant Contact e Manage employee, contractor and vendor files, W-4 and 1099s. Spanish Proficiency • Update and maintain website, blog and social media. MANAGING DIRECTOR Adagio String Quartet 2002 — PRESENT Founder and Director of network of professional musicians specializing in weddings and special events. Manage client RFPs, contracts and billing; organize employee schedules and payments; maintain and grow client base through networking, marketing and successful event execution. FOUNDING MEMBER&ADVISORY BOARD Symphony Viva 2016 — 2020 Collaborate with advisory board to develop, review, and approve the annual plan and budget for large performing arts organization. Direct 70 professional musicians and develop detailed action plans to improve quality and accuracy of performance. EXECUTIVE BOARD MEMBER Corpus Christi Baptist Association 2016 — 2020 Oversee organization's $1.68 million budget and foundation's annual grant disbursements of $20k designated for community development projects. Association responsible for the certification of 70 member organizations representing over 15,000 individuals. EDUCATION Bachelor of Arts,Texas A&M University-Corpus Christi CITY OF CORPUS CHRISTI Submit Date: Nov 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile William E Furlow First Name Middle Initial Last Name Email Address 15013 Tesoro Drive Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r• Yes r No If yes, how many years? 3 Mobile: (972) 822-4918 Mobile: (972) 822-4917 Primary Phone Alternate Phone International Society of Automation_ _ _ Director Business Development Employer Job Title Work Address -Street Address and Suite Number 67 TW Alexander Dr. Work Address - City Research Triangle Park Work Address - State NC Work Address - Zip Code 27709 William G M iriniAi Work Phone 9195498411 Work E-mail address wfurlow@isa.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BFA Advertising Communications, Post Baccalaureate Journalism, MBA Marketing, MA Public Relations. Support Port Aransas Education Foundation and Amos Rehabilitation Keep. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Library Board, Marina Advisor Board Why are you interested in serving on a City board, commission or committee? We recently returned to the area. I have a keen interest in the Public Library System and would like to make a contribution of my time and experience. I have spent my life on boats in and out of the local marinas. I think I would make a valuable contribution to the advisory board. I'm also a big fan of the Downtown district. I would love to help promote and improve our Marina. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Millirem r Ciir1nXA1 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender J Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) William r: M ir1rMAI Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree William G M irli'Mni Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Willimm G M irinlni William E. Furlow, MBA 15013 Tesoro Dr. Corpus Christi,TX 7.8418 Ph o 2 822-4918 E-mail.- www.linkedin.com/in/bill-furlow Work Experience: September 2018—Present International Society of Automation Research Triangle Park,North Carolina Director of Business Development Develop new business and partnerships, generate technical topics to launch new conferences,training, certification,and standards programs. Oversee all aspects of event development,sales,and execution globally.From March 2020 on converted full calendar of conferences and workshops to virtual events and webinars.Executed first virtual event in fewer than 60 day. Conversion included negotiating venue cancelation,selecting and contracting virtual conference platform,revising budgets and socializing transformation among staff,leadership,sponsors,and volunteers. Effort resulted in record 8,000 registrants for 5 V-Conferences over first 6 months.Concurrently launched on-demand program to offer library of recorded sessions for members behind paywall. Increased revenue 400%YoY. September 2017—September 2018 Gallant Culture Houston,Texas Consulting Strategist Develop new business, generate and execute strategic proposals,manage and coordinate all aspects of B2B advertising accounts in the upstream energy sector. September 2008—November 2016 Society of Petroleum Engineers Richardson,Texas Senior Manager Business Development&Planning Conduct strategic business analysis to identify and develop strategic initiatives for and enhancements to SPE's meetings,publishing,and training business. Prepare proposals for Board of Directors on new business and partnership opportunities worldwide. Lead all aspects of M&A process.Direct-line report to SPE Executive Director. April 2005—September 2008 Society of Petroleum Engineers Richardson,Texas Senior Manager Programming and Development Develop and implementing forums,workshops, and conferences in North America. Duties include identifying technical subjects of interest,recruiting volunteer committees,managing the development of events,and assessing growth potential of emerging technical topics.Work closely with international offices to coordinate global suite of technical events. May 2004—April 2005 Atlantic Communications Houston,Texas Director Conferences and Events Oversee development and execution of focused technical forums from inception to completion,including technical content, logistics,and sales. Duties include recruiting advisory board chairman,seating board, soliciting technical presentations.Also coordinate program development. Oversee work of conference logistics coordinator,marketing/design team,and exhibit/sponsorship sales staff. April 2002-May 2004 Offshore magazine Houston,Texas Editor-in-Chief Research,write, and edit technical articles covering advancements and trends in the upstream,offshore oil and gas industry.Manage and direct work of international editorial staff for leading trade magazine. Created and managed a variety of successful conferences. October 1996-October 2002 Offshore magazine Houston,Texas Senior Editor Research,write,and edit technical articles covering advancements and trends in the upstream, offshore oil and gas industry. Education: Fall 1994-Summer 1999: University of Houston Houston,Texas Master's Degree in Business Administration Fall 1992-Fall 1998: University of Houston Houston,Texas Master's Degree in Communications,Public Relations Studies Fall 1983-Spring 1987: Southern Methodist University Dallas,Texas Bachelor of Fine Arts Degree in Advertising/Communications CITY OF CORPUS CHRISTI Submit Date: May 09, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms Alice U Hawkins Prefix First Name Middle Initial Last Name Email Address 3605 Cottonwood St. Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? Life Mobile: (361) 947-1958 Home: (361) 852-0842 Primary Phone Alternate Phone Retired Educator Employer Job Title Work Address- Street Address and Suite Number None Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences KAc Aliro I I WMIA&ine Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Adjunct Del Mar College If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Library Why are you interested in serving on a City board, commission or committee? As a retired educator, I can bring unique perspective about reading, library utilization, connection to the community. I am also an African American who would bring diversity to the board. Are you an ex-Officio member of a City Board, commission or committee? r Yes c: No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No AAc Aliro I I I--IMML-inc Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above KAc Alit-,a I I Wn%AA-inc Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAc Aliro I I W01AA-inc CITY OF CORPUS CHRISTI Submit Date: Aug 16, 2022 Application for a City Board, Commission, Committee or Corporation Profile sharron k hines mrs First Name Middle Initial Last Name Suffix Email Address 3402 Ocean Dr. #12 Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 6 Home: (361) 225-0.012 Home: (361) 225-0012 Primary Phone Alternate Phone retired Engineering technician Employer Jon Title Work Address - Street Address and Suite Number none Work Address - City n/a Work Address - State none Work Address -Zip Code none chf3rrnn I- hinoc mrc Work Phone none Work E-mail address none Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r• No Do you currently serve on any other City board, commission or committee at this time? If so, please list: friends of the library Education, Professional and/or Community Activity (Present) Some college and Naval training Why are you interested in serving on a City board, commission or committee? I want to use my time wisely. I am the mother and grandmother of teachers who are special reading teachers and special needs Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics chnrrnn Is hinoc mrc Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) chnrrnn U hinoc mrc Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? * W Friends of Corpus Christi Libraries Nominee Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree chnrrnn L hinoc mrc Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree chnrrnn I- hinoc mrc CITY OF CORPUS CHRISTI Submit Date:Aug 16, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ruben Macias First Name Last Name Email Address 2109 Meadowwalk Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? " W District 5 Current resident of the city? r• Yes r No If yes, how many years? 5 Home: (361) 522-5895 Business: (361) 903-7215 Primary Phone Alternate Phone International Bank of Commerce Commercial Lender/Bank IBC Bank Officer Employer Job Title Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State TX Work Address -Zip Code 78401 Chi ihon KA!arinc Work Phone 361 8884000 Work E-mail address RubenMacias@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Watershore and beach advisory committee Education, Professional and/or Community Activity (Present) BS in Accouting from Texas A&M Uniiversity- Kingsville. Black Chamber of Commerce EDC Watershore and beach advisory committee If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Library Board Why are you interested in serving on a City board, commission or committee? show great leadership skills from my prior role as a manager the lead a team of 15 employees. Working with IBC also has sharpened my skill to see the big picutre and not focus on the small task. Jplcad a Res.me Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Di ihon Unninc No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (.- Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Chi ihnn AAnrinc Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W Friends of Corpus Christi Libraries Nominee Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Di ikon hAnrinc Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Di ihon KA!arinc RUBEN MACIAS JR. 1514 Ennis Joslin Apt#]33]Corpus Christi TX 78412 361)522-5895 OBJECTIVE Dedicated professional with a diverse management and accounting experience, serving in progressively responsible leadership roles. Seeking to achieve CPA and its practices. 'EDUCATION Texas A&M University—Kingsville, Texas Graduated: May 2015 Bachelor in Business Administration _ Accounting GPA: 3.0 PROFESSIONAL EXPERIENCE IBC Bank— Shoreline Corpus Christ, TX Senior Loan Review Analyst October 2017—Present Day • Evaluate all loan documents, obtain all approvals, ensure compliance to all' lending guidelines, and maintain accuracy of all credit underwriting • Analyze all borrower relationship for various loan portfolios and evaluate all loan quality for various team members and plan and implement all credit examinations • Analyze all complex portfolio risk and recommend modification to all credit standards on monthly basis IBC Bank— Shoreline Corpus Christi, TX Credit Analyst August 2016—October 2017 • Evaluate clients credit data and financial statements to determine degree of risk • Analyzing clients records and using data to recommend payment plans • Evaluate the financial status of clients by producing financial ratios through excel IBC Bank—Service Center San Antonio, TX Staff Auditor August 2015 —August 2016 • Assist Audit Committee in fulfillment of its duties and responsibilities • Review bank practices and records for compliance with internal.policies and procedures • Report audit findings and recommendations to appropriate management and conduct follow-up reviews of financial and regulatory noted observations Big House BBQ—Kingsville Kingsville, TX .Manager May 2013 -August 2015 • Audit POS sales at end of shift • Balanced the book accurately by recording cost and month end accruals • Achieved and maintained a 3% annual growth in profit through the management of controllable costs such as reducing unnecessary overtime and inventory waste SKILLS • Hyland • Precision • Horizon • IMS • Microsoft Office (Word, PowerPoint, Excel, Publisher, Outlook) • AutoCAD • Adobe Acrobat • OPERATING SYSTEMS: Windows XP-2010, Mac OS X, Aloha HONORS & ACTIVITIES • Pledge Member, International Fraternity of Delta Sigma Pi • Member, Institute of Internal Auditors • Vita Program. Volunteer Work CITY OF CORPUS CHRISTI Submit Date: Aug 18, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms. Carroll P Matthews Prefix First Name Middle Initial Last Name Email Address 342 Claremore Street Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 46 Mobile: (361) 816-1949 Home: (361) 991-7639 Primary Phone Alternate Phone Retired NA Employer Jon Title Work Address - Street Address and Suite Number N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences KAc (`nrrnll D RAMIttholnic Are you a registered voter? r: Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Journalism from University of Texas-Austin Currently on Executive Committee of Corpus Christi Symphony Orchestra Why are you interested in serving on a City board, commission or committee? I have served on the Library Board in the past. Am a member of La Retama Club and have been asked to be the La Retama representative on the Library Board. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Mc r`farrnll D AA'ttho%nic Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? " W La Retama Club Nominee Mc (`nrrnll D AAnttho%nic Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAc r'nrrnll D hAntthiautc Carroll P. Matthews 342 Claremore Street Corpus Christi, Texas 78412 361-991-7639 361-816-1949 cell EDUCATION 1971 Bachelor of Journalism in Public Relations University of Texas at Austin, Texas 1997 Computer Literacy Texas A&M University, Corpus Christi, Texas Employment 1976-1977 Travel Consultant Sanborn's Travel, Corpus Christi, Texas 1973-1975 Owner, manager and travel consultant Braley World Travel, Inc., Dallas, Texas 1972-1973 Travel Consultant Ask Mr. Foster Travel, Dallas, Texas 1971-1972 Assistant Director of Volunteer Programs University of Texas Ex-Students'Association, Austin, Texas Leadership 2021- Secretary, Corpus Christi Symphony Orchestra 2007-2009 Board Chairman, Coastal Bend-Texas Chapter American Red Cross 1997-1998 President, W.B. Ray High School PTA(2,400 student high school) 1994-1995 Chairman, Heart of Corpus Christi, Inc. (Downtown revitalization organization) 1988-1989 President, Junior League of Corpus Christi, Inc. (600 member civic organization) 1982 President, University of Texas Exes, Corpus Christi 1974-1975 President, University of Texas Young Alumni Assn., Dallas Community Boards 2021- Corpus Christi Symphony Orchestra 2004-2011 American Red Cross, Coastal Bend-Texas Chapter 1999-2001 Corpus Christi Public Library System 1994-1998 W.B. Ray High School PTA 1987-1995 Heart of Corpus Christi, Inc., Executive Committee 1990-1995 1991-1993 Bayfest, Inc. (Regional festival) 1988-1989 Bayfest, Inc. 1983-1985 Families In Action, Executive Committee 1984-1985 1981-1990 Junior League of Corpus Christi, Inc., Executive Committee 1983-84, 1986-89 1977-1982 University of Texas Exes, Corpus Christi 1974-1975 University of Texas Young Alumni Assn., Dallas Journalism and Public Relations 1991-1994 Chairman, Promotions and Special Events, Heart of Corpus Christi, Inc. 1988-1991 Chairman, Public Relations, Heart of Corpus Christi, Inc. 1986-1987 Publicity Chairman, Charity League, Inc. and Ronald McDonald House coalition 1983-1984 Public Relations, Texas State Aquarium Project 1984-1985 Editor, Tides (36 page monthly magazine) 1981-1983 Editor, Delicioso! (375 page cookbook) 1981 Chairman, Bayfest Public Relations Special Events 1994 Chairman, Columbus Days Landing Party 1994 YWCA Yuletide Market 1992 General Chairman, Bayfest, Inc. 1992 Los Barcos Celebration 1991 Bluff Balustrade Rededication 1990 Texas State Aquarium Opening Party 1984 Chairman, Bayfest Special Events 1978 Chairman, Bayfest Historical Area Other Community Activities 2004-2016 Registered Pet Therapy Partner with my dog, Stanley 1993-1994 Chairman, Current Parent Division, Incarnate Word Academy Capital Fund Drive 1991 Site Manager, Kid's Place at Cole Park Community Construction Project 1986-1987 Schools and Education Committee, Texas State Aquarium Project 1983-1984 Corpus Christi Arts Council Merriman-Bobys House Restoration American Red Cross Disaster Relief September 2010 DR 288-11 Corpus Christi, TX Floods September 2009 DR 238-2009 Hurricane Ike September 2009 DR159-2009 Hurricane Gustav, LA September 2005 DR 393-06 Hurricane Rita August 2005 DR 009-06 Hurricane Katrina April 2004 DR 700 South Texas Floods July 2003 DR 534 Hurricane Claudette October 2002 DR 294 South Central Texas Floods and Tornadoes October 2002 DR 273 Hurricane Lili September 2002 DR 236 Tropical Storm Fay June 2002 DR 175 Texas Floods Jan./Feb. 2002 DR 787 AA11/UA175/WTC9-01 November 2001 DR 851 South Texas Floods August 2001 DR 778 South Texas Floods Awards 2010 Clara Barton Volunteer Leadership Award, Coastal Bend-Texas Chapter American Red Cross 2007 Leadership Award, Coastal Bend-Chapter, American Red Cross 2006 Partnership Award for Cooperative Work between Paid and Volunteer Staff- Coastal Bend-Texas Chapter American Red Cross 2004 Art Roberts Disaster Services Award, Coastal Bend-Texas Chapter Red Cross 2001-2002 Volunteer of the Year, Coastal Bend-Texas Chapter American Red Cross 1995 Jefferson Volunteer Award given by the Corpus Christi Caller-Times 1/10/2022 CITY OF CORPUS CHRISTI Submit Date: May 25, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jynelle N Ornelas-Stanton First Name Middle Initial Last Name Email Address 4817 Meadow Vale Cir Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? " W District 5 Current resident of the city? Yes r No If yes, how many years? 37 Home: (361) 737-7813 Home: (361) 737-7813 Primary Phone Alternate Phone Peace of Mind Massage Therapy &Natural Healing, Organic Spa &Organic Salon Massage Therapist Employer Job Title Work Address -Street Address and Suite Number 602 N Lower Broadway Work Address - City Corpus Christi Work Address - State Texas Work Address -Zip Code 78401 lxinollo KI nrnolnc-Ctnntnn Work Phone 361-737-7813 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: WES Education, Professional and/or Community Activity (Present) Working on the Traveling Library Why are you interested in serving on a City board, commission or committee? To help in any way I can. To help show my kids that they can do anything that they put their minds to. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat-to serve on ani, Commission, committee or corporation? r Yes r No Demographics iwnollo AI nrnolnc_Ctnntnn Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) lxinollo KI nrnn1nc_Ctnntnn Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? * W Friends of Corpus Christi Libraries Nominee W La Retama Club Nominee Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree 1%innilo nl nrnolnc_Ctnntnn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 9 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I%winllo N1 nrnolac_Ctnntnn CITY OF CORPUS CHRISTI Submit Date: Nov 03, 2021 Application for a City Board, Commission, Committee or Corporation Profile Sarah Tuley First Name Last Name Email Address 5402 Borden Circle Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 41 Mobile: (361) 443-1938 Mobile: (361) 443-1938 Primary Phone Alternate Phone Texas A&M University-Kingsville Marketing Coordinator Employer Job Title Work Address - Street Address and Suite Number 955 N. University Blvd., MSC 114 Work Address- City Kingsville Work Address - State TX Work Address - Zip Code 78363 C n rrm h Ti d rix/ Work Phone 361-593-4532 Work E-mail address sarah.tuley@tamuk.edu Preferred Mailing Address P Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? c' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Education: BA-Communication, Media Studies from TAMUCC;currently working on MA in Cultural Studies; Employment: Currently at Texas A&M University-Kingsville as Marketing Coordinator, previously Content Strategist/Analyst for the Corpus Christi Caller-Times; Community Advisory Board for Coastal Bend Wellness Foundation (2020-21). If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? The local library was a haven for me growing up, specifically what were formerly the Greenwood and Parkdale libraries. I'm interested in finding out more about the inner workings of the library and learning how the board serves as a bridge between the library system and the city council. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Cnrnh Ti ilov No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r= Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. answered yes on two of the questions because it is possible that my husband's employer, TK Elevator, may have current city contracts or contracts in negotiation, but I'm not aware of those negotiations and have no influence over, nor am I influenced by them. Board-specific questions (if applicable) Cnrnh Ti ilov Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Cnrnh M dnx/ Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Cnrnh Ti dnxi SARAH TULEY WEB DESIGN & CONTENT / SOCIAL MEDIA / MARKETING GRAPHIC DESIGN / VIDEO PRODUCTION EDUCATION Texas A&M University - Kingsville, working MA, Cultural Studies Texas A&M University - Corpus Christi, 2007 BA, Communication - Media Studies Del Mar College, 2003 AA, Communication -journalism PROFICIENCIES • HTML/CSS • Social Media Platforms: • Adobe Photoshop • Facebook • Adobe Premiere • Instagram • Adobe Dreamweaver • Twitter • Sony Movie Studio • TikTok • iMovie Editing • Pinterest EXPERIENCE Texas A&M University-Kingsville, 2020 - current Marketing Coordinator • Develop internal and external marketing plans for the University's colleges and departments • Writing internal and external communications, including articles for Javelina Today. • Copy editing internal and external communications • Assist in the planning and oversight of major on-campus events • Assist in planning University social media campaigns Corpus Christi Caller-Times, 2013 - 2020 2019-2020 Content Strategist, Corpus Christi Caller-Times 20 17-20 19 Content Strategist, USA Today Network Plains Region 2013-2017 Social Media Planner, Social Leader - Texas Region • Analyze metrics to help newsrooms develop site-specific content strategies • Train and implement search engine optimization strategies for reporters • Create graphics for online presentation for 5 Texas newsrooms • Work with news teams to build out interactive elements and features • Develop newsroom workflows for video creation • Manage all main Caller-Times social media accounts • Track social media analytics to time-target posts on social accounts Clear Channel Radio (now iHeartMedia), 2007 - 2010 Webmaster • Maintain six radio station websites and listener databases • Help create and manage Facebook and Twitter accounts for each station • Design and create logos, graphics and web pages for station events • Design weekly email and print materials for market and station promotion • Implemented website upgrade across all six radio station websites • Assist ad executives in the creation of online marketing strategies for clients • Compile weekly statistic reports for upper management and sales • Traffic internet advertising using DART Ad system CITY OF CORPUS CHRISTI Submit Date: Aug 10, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Timothy Weitzel Prefix First Name Last Name Email Address 3934 Sandy Hollow Drive Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? W District 1 Current resident of the city? r• Yes r No If yes, how many years? 20 Mobile: (361) 876-9110 Mobile: (361) 413_-3270 Primary Phone Alternate Phone Rental Xpress _ IT Director Employer Joh Title Work Address - Street Address and Suite Number 5004 Wilderness Cove Work Address - City Georgetown Work Address - State TX Work Address -Zip Code 78633 KAr - imnth\i Mhnit-7ol Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college credits, Del Mar College. IT Director Business Owner President of the local chapter for the Barbershop Harmony Society If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Rec Library Housing Why are you interested in serving on a City board, commission or committee? I need to be the change I want to see. There is a lot of potential in Corpus Christi and I feel the best way I can help is to lead by example. I'm a resident, business owner, father, and a man of moral values. I believe serving on a board, commission or committee is a good start to helping push our City towards success. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest hAr Timnthxi M/nit-7ol Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r•' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. - N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above KAr Timnthxi \A/oit-7ol Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r•' No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree AAr Timnthxi \A/oit-7ol Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr Timnthxi Wait-7ol CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile MIS dora A Wilburn_ C Prefix First Name Middle Initial Last Name Suffix Email Address 4314 Cottage Street Street Address Corpuschristi TX 78415 City State Postal Code What district do you live in? W District 2 Current resident of the city? c- Yes r No If yes, how many years? Life Home: (361) 687-5763 Home: (361) 687-5763 Primary Phone Alternate Phone Self Jewelry Designer Employer Job Title Work Address - Street Address and Suite Number 4314 cottage street Work Address- City Corpuschristi Work Address- State Texas Work Address -Zip Code 78415 me rinrn A Wilht Work Phone 361687-5863 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Went to beauty school I have always embraced design For the last ten years I have been selling and making my jewels full time I enjoy helping my community and seeing my city sparkle Why are you interested in serving on a City board, commission or committee? I love to read I also own my free library and take care of several free libraries here in town One of my passion is reading I am in several reading groups Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics me rJnrn A Wilki irn r` Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes t: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) me rinrn A Wilki irn r Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree me rinrfa A Wilhi irn (' Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree me rinrn A Wilhi im r` CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile David S Zill First Name Middle Initial Last Name Email Address 13969 Seafarer Dr Street Address Corpus Christi TX 78418 City - - - - State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 3 Mobile: (361) 562-2469 Mobile: (361) 562-2469 Primary Phone Alternate Phone Business Development Manager Geosolutions, Inc -Gulf Coast Employer Job Title Work Address -Street Address and Suite Number 1202 Southern Minerals Rd Work Address - City Corpus Christi Work Address - State TX Work Address-Zip Code 78409 nnx/iri C Till Work Phone 361-289-6300 Work E-mail address dzillC@geosolutionsinc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other City board. Education, Professional and/or Community Activity (Present) BS Geology- University of Tennessee American Society of Civil Engineers-Associate Member International Erosion Control Association - Member North American GeoSynthetics Society- Member Association of Environmental & Engineering Geologists- Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore Library Why are you interested in serving on a City board, commission or committee? want to be more involved in my community. Uplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) nn"irr c lin Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree nn%iirr c Till City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree nn%AH c lin David S. Zill Corpus Christi, TX https://www.linkedin.com/in/davezill/ Versatile technical materials sales and management professional with a track record of successful new business development, competitive market share expansion, and customer relationship development. Proven ability to identify market opportunities, propel revenue, and maximize potential especially in large geographic territory. Intelligent communicator and presenter, gifted at aligning product specifiers, distributors, and end users to establish profitable long-term relationships. SKILLS AND ACCOMPLISHMENTS • Communication: Relationship Development I Strong Presenter I Outstanding Writer • Organization: Plan Development I SalesForce Devotee I Exceptional Time Management • Execution: Proven Record I Goal Oriented Consistently exceeded budget sales goals (2003-Present). Greater than $5M new business generated in less than 3 years. Account retention > 95%. WORK EXPERIENCE GeoSolutions, Inc. Corpus Christi, TX Business Development Manager - Gulf Coast (October 2019 - Present) Senior Executive for a leading distributor/ manufacturer of geotechnical and civil building materials. Strategic market planning, forecasting, and P&L management for south Texas / Gulf Coast geographical territory. Foster relationships, develop and defend specification base with civil and geotechnical engineering community, municipalities, and agencies. Promotion and sales of materials to sitework, excavation, heavy civil, geotechnical, paving, erosion control, and general construction contractors. Technical proficiency. ThraceLINQ, Summerville, SC Regional Sales Manager - Western NA, (02/2017 - 10/2019) Charged with expanding ThraceLINQ western North American footprint in the geotechnical / geotechnical construction market for 17 states and 4 provinces. Exceeded 2017 new market minimum $1M target by more than 30%. Forecast budget for 2019 is $5M. Currently, at 98% of plan/budget. Achieved goals by developing and implementing territory management plan including establishment of stocking distribution and product specification base. ThraceGroup (Athens, Greece) absorbed ThraceLINQ operations 10/2019. Tenax Corporation, Baltimore, MD Performance Plastics Sales Manager - Western US, (11/2013 - 02/2017) Redefined and expanded domestic building materials markets for internationally matrixed (Tenax SPA - Vigano Italy) plastics manufacturer. Met or exceeded annual targets > $3M. Analyze and adapt to market trends; Forecast and manage budgets, KPI's. Develop and manage distribution partners. Division transferred to Italy Operations - January 2017 Fiberweb, Inc, Phoenix, AZ Geosynthetic Sales Manager, Americas, (01/2010 - 1/2013) Manage complex consultative sales cycle for an international matrixed (Fiberweb PLC - London) specialty civil / geotechnical / erosion control / drainage products manufacturer. Develop and implement sales strategies for 18 state / 5 province sales region, Forecast and manage > $3M budgets, KPI's. Establish and maintain average annual growth 19%. Fiberweb acquired by PGI - November 2013 GeoSupply, Inc, Phoenix, Arizona Vice President, Sales & Marketing, (02/2003 - 01/2010) Senior Executive for a leading distributor/ manufacturer of geotechnical and civil building materials. Strategic market planning, forecasting, and P&L management for 3 southwest locations > $10M annual revenue. Sales team development and management, P&L responsibility. ACS Engineering Group - Tempe, AZ Business Development Manager/ Lab Services Manager, (02/2000 - 02/2003) Sales and operations leader for a leading consulting geotechnical engineering firm. _ Martin Marietta Energy Systems, Oak Ridge, Tennessee Staff Scientist, (10/1991 - 1/2000) Junior technical manager for construction and environmental engineering organization at Oak Ridge National Laboratory. EDUCATION Bachelor of Science, Geological Sciences (1994), University of Tennessee, Knoxville Tennessee Associate of Science, Engineering (1991), Roane State Community College, Harriman Tennessee Miller Heiman Group Academy REINVESTMENT ZONE NO.5(BOCO)BOARD Five(5)vacancies with terms to 10-12-24 representing the following category:5-Landowner or Agent.(The governing body also appoints a chairman to serve for a one-year term beginning January 1,2023). Duties The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit the plans to the City Council for its approval under Section 311.011,Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. Composition The Board shall consist of up to nine(9)members.The Board shall be appointed as follows:Pursuant to Section 311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment by the unit into the tax increment fund for the zone. These entities include:Del Mar College and Nueces County.Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within thirty days of receiving written notice of its right to appoint.The member of the state senate in whose district the zone is located is a member of the board,and the member of the state house of representatives in whose district the zone is located is a member of the board,except that either may designate another individual to serve in the member's place at the pleasure of the member.The remaining members of the Board are appointed by the City Council and consist of up to five landowners in the Zone or agent of the landowner in the Zone.All members appointed by the Board must meet eligibility requirements,as set forth in the Act:To be eligible for appointment an individual must be a at least 18 years of age or older.Terms of Board members,except for the members of the state senate and state house of representatives,are two years. Each year the governing body of the municipality shall appoint one member of the board to serve as chairman for a term of one year that begins on January 1 of the following year.The board of directors may elect a vice-chair to preside in the absence of the chairman. Creation/Authority Meets Member size Term length/limit Liaison Ordinance 032183;8-18-2020 On-call 9 2 years/N/A Heather Hurlbert Appointing Name Term Appt.date End date Authority Position Status Category Attendance Roland Barrera 1 10/13/2020 10/12/2022 City Council Chair Seeking reappointment Landowner or Agent 1/1 meetings-100% Joe A Gonzalez 1 10/13/2020 10/12/2022 City Council Seeking reappointment Landowner or Agent 1/1 meetings-100% Heather Hurlbert 1 10/13/2020 10/12/2022 City Council Seeking reappointment Landowner or Agent 1/1 meetings-100% Dan McGinn 1 10/13/2020 10/12/2022 City Council Seeking reappointment Landowner or Agent 1/1 meetings-100% Roberto Santos Williams 1 10/13/2020 10/12/2022 City Council Seeking reappointment Landowner or Agent 1/1 meetings-100% Libby Ave ryt 1 10/15/2020 10/12/2022 Del Mar College Active Del Mar College Barbara Canales 1 9/9/2020 10/12/2022 Nueces County Active Nueces County State Representative Vacant 1 N/A N/A Active or designee State Senator or Vacant 11 N/A N/A I I lActive Idesignee 9-20-2022 REINVESTMENT ZONE NO. 5 (BOCO) BOARD Applicants Name District 5 Status Category Seeking Joe A. Gonzalez District 5 reappointment Landowner or Agent Other/ Non- Seeking Roberto Santos Williams Resident reappointment Landowner or Agent CITY OF CORPUS CHRISTI Submit Date: Aug 17, 2022 Application for a City Board, Commission, Committee or Corporation Profile Joe A Gonzalez First Name Middle Initial Last Name Email Address 4009 D Oak Forest Street Address Corpus Christi TN 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 62 Home: (361) 960-6312 Mobile: (361) 960-6312 Primary Phone Alternate Phone Nueces County_- -_ _ County Commissioner- Employer Job Title Work Address- Street Address and Suite Number 901 Leopard, Rm 303.7 Work Address- City Corpus Christi Work Address- State Texas Work Address - Zip Code 78401 lno A (_nn-7!alo-7 Work Phone (361) 888-0296 Work E-mail address joe.gonzalez@nuecesco.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? REINVESTMENT ZONE NO. 5 (Boco) BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Arts Degree, Psychology Bachelor of Science, Criminology Masters Degree, Counseling Why are you interested in serving on a City board, commission or committee? Reinvestment Zone No 5 is in my Precinct as County Commissioner Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest lno A r_nn-7!a19=-7 Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r: No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Inn 0 (_nn-7n10-7 Question applies to REINVESTMENT ZONE NO.5(Boco)BOARD Are you 18 year or older? Yes r• No Question applies to REINVESTMENT ZONE NO.5(Boco)BOARD The Reinvestment Zone No. 5 must include a landowners in the Zone or agent of the landowner in the Zone. Do you qualify? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree lno A r'nn-7flo-7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lno D (=nn��lo� Joe A. Gonzalez (JAG) 4009 Oak Forest D Corpus Christi,Texas 78413 (361) 960-6312 EDUCATION. High School Diploma, Roy Miller High School, Corpus Christi, Texas Graduate, Corpus Christi Police Academy, Corpus Christi, Texas Associates Degree in Law Enforcement Science, Del Mar College, Corpus Christi, Texas Bachelor of Arts Degree in Psychology, Texas A&M University Corpus Christi Bachelor of Science Degree in Criminology, Texas A&M University Corpus Christi Master Degree Counseling,Texas A& M University Corpus Christi LICENSES/CERTIFICATIONS: Licensed Professional Counselor-Supervisor, Texas State Board of Examiners of Professional Counselors, No. 4339 Behavioral Health Issues with Intellectual Development Disabilities Certified Forensic Domestic Violence Counselor Marriage & Family Therapist Drug &Alcohol Prevention Specialist Certified Traumatic & Stress Counselor with Mental Health Issues &The Law Certified Bullying Personal Attitudes & Behavior and How to Defuse Confrontation EMPLOYMENT HISTORY&HIGHLIGHTS OF EXPERIENCE 2011-Present County Commissioner, Pct 2 Nueces County, Texas Elected official charged with administering county government. In addition, planning and working with engineers, consultants, county staff, and other city and community leaders on various water, wastewater, roads, parks and colonia upgrades in my precinct. Diabetes education outreach and awareness in the community; especially the rural areas of the county. 2000-2009 Justice of the Peace, Pct 1,PI 1 Nueces County, Texas As Judge, presided over the JP court mostly hearing misdemeanor cases punishable by fine only, civil cases not exceeding $10,000, issued warrants for search and arrest, administered oaths, performed marriages, and truancy juvenile cases. Developed and initiated the Truancy Reduction Alternative Program Solutions known as (TRAPS)which incorporated various tools to help the schools with the poor school attendance and truancy epidemic in our community. Retired in 2009. 1998-2000 Department of Justice/Federal Bureau Prison Dallas, Texas Deputy Chief, Security & Background Investigation Division SCRO Supervised approximately 10-14 staff individuals, monitored, reviewed and approved background checks for new applicants. Including nationwide 5 yr, 10 yr, 15 yr and 20 yr personal history background on staff as required by the department. Joe A. Gonzalez Resume Page TWo (2) 1995-1998 Department of Justice/Federal Bureau Prison Washington, DC Deputy Chief Affirmative Action & EEO Programs Director—Reviewed Bureau Policy and Procedures assuring that all Federal Detention Centers and Federal Institutions complied with Affirmative Action Laws. Worked with Prison Wardens,Associate Wardens and District heads reviewing character profiles for hiring, promotions and/or terminations purposes. 1993- 1995 Department of Justice/Federal Bureau Prison Discipline Hearing Officer (Hearing Judge)-United States Penitentiary (Maximum Security) Allenwood, PA Reviewed offensive incident reports, inmate's history reports, interviewed and conducted incident investigation interviewing inmates and staff, impose sanctions according to level of offense. Conduct hearings on all offenses committed inside the institutions. 1990- 1993 Department of Justice/Federal Bureau Prison Psychology Department-Drug Program Specialist Three Rivers, Texas Provided individual and group counseling to prison inmates including therapy programs. Developed and taught a twelve week drug prevention and awareness program on drugs, alcohol, inhalants and other drugs uses) 1980-1990 Department of Justice/US Courts Worked for the U.S. Courts, Federal Probation & Parole Office, Southern District of Texas, assigned at Star County for 4 years and Nueces County 51/z years. 1971-1979 Police Officer, Corpus Christi Police Department Corpus Christi, Texas Protected the lives and property of the people of the City of Corpus Christi, enforced the laws of the government, state and city and served the people in the manner necessary within the scope and duties of my particular assignment as required by law. VOLUNTER PARTICIPATION: Member, Fraternal Order of Police Member, Marine Corp. League of the Coastal Bend Member,American GI Forum, Dr. Hector P. Garcia Chapter Member, National Association for the Advancement of Colored People Member, League of United Latin American Citizens (LULAC Council No. 1) Member,Antonio Garcia Art Center Member, Nueces County Opioids Task Force Member,Westside Business Association President, The Joe A. Gonzalez Education Is Our Freedom GED College Scholarship Program Joe A. Gonzalez Resume Page Two (3) MARITAL STATUS: Married for 53 years SPOUSE'S FULL NAME: Linda L. Gonzalez CHILDREN: Three Daughters, Liza Marie Gonzalez, Debra Mary Gonzalez & Laura Ann Gonzalez, five grandchildren and one great grandson CITY OF CORPUS CHRISTI Submit Date: Sep 01, 2022 Application for a City Board, Commission, Committee or Corporation Profile Roberto Santos Williams First Name last Name - Email Address 7418 Lake Livingston Dr. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes >,: No Home: (361) 300-5626 Home: (361) 300-5626 Primary Phone Alternate Phone BoCo Development_CompanyCEO Employer Job Title Work Address- Street Address and Suite Number 1209 San Dario Ave Which Boards would you like to apply for? REINVESTMENT ZONE NO. 5 (Boco) BOARD: Submitted Interests & Experiences Are you a registered voter? r Yes 1: No Do you currently serve on any other City board, commission or committee at this time? If so, please list: TIRZ#5. Applying for reassignment. Dnhortn Cantnc Willi!3mc Why are you interested in serving on a City board, commission or committee? Representing our company. Are you an ex-Officio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Dnhortn Cnntnc Willinmc If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to REINVESTMENT ZONE NO.5(Boco)BOARD Are you 18 year or older? r Yes r No Question applies to REINVESTMENT ZONE NO.5(Boco)BOARD The Reinvestment Zone No. 5 must include a landowners in the Zone or agent of the landowner in the Zone. Do you qualify? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Qnhortn Cnntnc \A/illinmc City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnhartn Cnntnc Willinmc City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, September 13, 2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:38 a.m. B. Invocation to be given by Pastor Rick Barrera, Believe Church. Pastor Rick Barrera, Believe Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag will be led by Yvette Hazzard, Senior at Mary Carroll High School. Yvette Hazzard, Senior at Mary Carroll High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. 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. Note: Council Member Smith attended by video conference at 12:10 p.m. Council Member Hunter arrived at 12:14 p.m. Present: 9- Mayor Paulette 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 E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. Corpus Christi Metropolitan Planning Organization Update Assistant City Manager Neiman Young presented information on the following topics: summary; what is Metropolitan Planning Organization (MPO); and Unified Transportation program projects. City of Corpus Christi Page 1 Printed on 9/15/2022 City Council Meeting Minutes September 13,2022 Council Members, Assistant City Manager Young, City Manager Peter Zanoni, and Director of Planning Department Dan McGinn discussed the following topics: the Regional Parkway did not receive funding in this ten year period; the MPO is meeting with TxDOT about a corridor study for more pedestrian accessibility and to widen FM 624; and Council Members' requests for staff to work with TxDOT about better traffic signals at FM 624. b. Summer Season Review by Brett Oetting, President/CEO of Visit Corpus Christi President/CEO of Visit Corpus Christi Brett Oetting presented information on the following topics: Gulf Coast Capital; hotel occupancy tax trends; visitor sentiment survey; where people stay; visitor sentiment varied by survey location; in state vs. out of state; visitors from farther away stay longer; Texas markets travel in similarly sized parties; in state visitation; out of state visitation; ads and summer visitors; in state vs. out of state; visitor comments; summer campaign report, April-July 2022; 2021-2022 achievements; less than 200 cities worldwide have the Destination Marketing Accreditation Program (DMAP); 2022 awards; FY 2022-2023 strategy and goals; 2022-2023 media markets; group incentive program; and overnight stays to sales tax return on investment. Council Members, City Manager Peter Zanoni, and Mr. Oetting discussed the following topics: a Council Member's concern about the lack of signage for tourists; the lack of restaurants and entertainment on the beach and T-Heads; a Council Member's request for staff to put all presentations on the City's website; Visit Corpus Christi has a $2.7M budget for marketing this year, which includes digital ads and advertisements; a Council Member encourages staff to get with vendors about permitting and how to enhance experience for visitors; the new Economic Development Department can look into bringing businesses to the beaches; in response to a Council Member's concern about the lack of cleanliness along the seawall, City Manager Zanoni stated that staff has implemented larger trash cans and are pressure washing the seawall; and a Council Member's desire to increase entertainment in downtown Corpus Christi and add more trash receptacles. C. Conquer the Coast 2022 on Saturday, September 17 City Manager Zanoni reported that Conquer the Coast 2022 will be held on Saturday, September 17, 2022 at 7:15 a.m. City Manager Zanoni thanked all sponsors and stated that funds raised will be used for education at Texas A&M Corpus Christi. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Jack Gordy, 4118 Bray Dr., spoke about the violation of state law regarding the price increase of a DVD pertaining to a previous records request. Christopher Phelan, 3806 Kingston Dr., spoke in opposition to desalination. City of Corpus Christi Page 2 Printed on 9/15/2022 City Council Meeting Minutes September 13,2022 The following citizen submitted a written public comment which is attached to the minutes: Christopher Phelan, 3806 Kingston Dr. G. BOARD &COMMITTEE APPOINTMENTS: 1. 22-1560 Coastal Bend Council of Governments (2 vacancies) Corpus Christi Convention & Visitors Bureau (7 vacancies) Ethics Commission (3 vacancies) Watershore and Beach Advisory Committee (1 vacancy) Mayor Guajardo referred to Item 1. Coastal Bend Council of Governments: Appointments: Neiman Young and Gabriel Hinojosa Corpus Christi Convention and Visitors Bureau: Reappointments: Sam Canavati, Gabriele Hilpold, Daniel Suckley, and Jennifer Vela (At-Large) Realignment: Sam Canavati from At Large to the Restaurant Industry Appointments: Natalie Villarreral and Chris Hamilton (At Large) Reinstatement: Richard Lomax (Restaurant) Ethics Commission: Appointments: Dane F. Fuller, Trevor H. Mauck, and Kent L. Teague Watershore and Beach Advisory Committee: Appointment: Philip J. Blackmar (At-Large Engineer) I. CONSENT AGENDA: (ITEMS 2-12) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would like to pull an item for individual consideration. No Items were pulled. A motion was made by Council Member Pusley, seconded by Council Member Lerma to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- 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 Abstained: 0 City of Corpus Christi Page 3 Printed on 911512022 City Council Meeting Minutes September 13,2022 2. 22-1561 Approval of the August 25, 2022 Budget Workshop Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. 22-1119 Ordinance amending the FY 2021-22 Operating budget to appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032860 Consent- Contracts and Procurement 4. 22-1353 Resolution authorizing a five-year lease-purchase agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, in the amount of$1,521,900.00 for the purchase of 445 tasers, supplies, software licenses, and training for the Police Department, with funding of$304,380.16 requested in the FY 2023 budget from the Crime Control and Prevention District and Police Grants Fund. This Resolution was passed on the consent agenda. Enactment No: 032861 5. 22-1411 Motion authorizing a three-year service agreement with T7 Enterprises, LLC, dba Reliable Tire Disposal, for the tire collection and recycling/disposal services, in an amount not to exceed $202,500.00, with FY 2022 funding of $5,625.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2022-137 6. 22-1564 Resolution authorizing the expenditure of additional funds in the amount of $280,398.18 for the acquisition of 19 previously approved vehicles and equipment for various departments, with FY 2022 funding of$59,065.00 for four purchases and the balance of$221,333.18 for the remaining purchases and lease-purchases from future FY 2023 funding, subject to appropriation. This Resolution was passed on the consent agenda. Enactment No: 032862 7. 22-1404 Resolution authorizing the acquisition of 15 vehicles and equipment by various departments, of which five units will be outright purchases and 10 units will be lease-purchases through JP Morgan, for an estimated total of$3,288,795.82, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2022 funding of$536,630.69 for the purchases and the remaining balance of$2,752,165.13 for the lease-purchase items from future FY City of Corpus Christi Page 4 Printed on 911512022 City Council Meeting Minutes September 13,2022 2023 funding, subject to appropriation. This Resolution was passed on the consent agenda. Enactment No: 032863 8. 22-1308 Motion authorizing a three-year service agreement with eLynx Technologies, LLC, of Tulsa, Oklahoma, in an amount not to exceed $255,737.32 for the purchase of a web-based Supervisory Control and Data Acquisition (SCADA) system suite for Gas Operations, with FY 2022 funding from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2022-138 9. 22-0617 Motion authorizing a two-year service agreement with Corpus Groundworks, LLC, of Corpus Christi, for utility worksite restoration services at various locations for Corpus Christi Water in an amount not to exceed $95,705.80, with FY 2022 funding of$15,950.97 from the Water and Wastewater Funds. This Motion was passed on the consent agenda. Enactment No: M2022-139 Consent- Capital Projects 10. 22-1248 Motion awarding a construction contract to Viking Industrial Painting, Inc., Omaha, Nebraska, for Alameda & Gollihar Elevated Storage Tank Rehabilitations in an amount of$2,072,640.00 located in City Council District 3 (Gollihar Elevated Storage Tank) and District 2 (Alameda Elevated Storage Tank), with FY 2022 funding available from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2022-140 General Consent Items 11. 22-1421 Resolution authorizing payment of$1,003,635.42 for the annual renewal of Excess Liability and Workers' Compensation policy through Broker of Record, Carlisle Insurance Agency, for upcoming policy year October 1, 2022 - September 30, 2023 This Resolution was passed on the consent agenda. Enactment No: 032864 12. 22-1585 Motion authorizing an Addendum to the Agreement for the City-Operated Corpus Christi-Nueces County Public Health District identifying Nueces County membership contributions for FY 2022-2023 of$1,765,296 for Public Health Services and $1,567,620 for 1115 Waiver services for a total contribution of $3,332,916. City of Corpus Christi Page 5 Printed on 911512022 City Council Meeting Minutes September 13,2022 This Motion was passed on the consent agenda. Enactment No: M2022-141 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:32 p.m. Executive Session Items 20 and 21 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:04 p.m. L. INDIVIDUAL CONSIDERATION ITEM: (ITEM 13) 13. 21-0770 Motion authorizing a professional services contract with Ardurra Group, Inc, Corpus Christi, Texas, to provide design, bid, and construction phase services for a new clarifier, odor control equipment, filter and chemical feed improvements and drainage improvements at the Broadway Wastewater Treatment Plant in an amount not to exceed $845,575.00, located in Council District 1, with FY 2022 funding available from Wastewater Capital Fund. Mayor Guajardo referred to Item 13. There were no comments from the Council. Council Member Hunter made a motion to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2022-142 M. FIRST READING ORDINANCES: (ITEMS 14 - 17) 14. 22-1499 Ordinance authorizing acceptance of grant funds in an amount of$184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the City, with a City match of$46,247.50 in fringe benefits and fuel expenses, with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. Mayor Guajardo referred to Item 14. Mayor Guajardo opened public comment. There were no comments from the Council or the public. City of Corpus Christi Page 6 Printed on 911512022 City Council Meeting Minutes September 13,2022 Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- 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 Abstained: 0 15. 22-1236 Ordinance amending sections 57-231, "Denial, suspension and revocation of permit-procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. Mayor Guajardo referred to Item 15. Assistant Police Chief David Blackmon presented information on the following topics: ordinance amendment; Section 57-231 denial, suspension and revocation of permit-procedure, appeal; Section 57-233 promulgation of regulation; Section 57-243-responding to calls; Section 57-249 maximum auto wrecker service and storage fees; Section 57-249 section b5 rotators; 57-249 c. daily storage fees; and staff recommends approval. Council Members, Assistant Police Chief Blackmon, Police Chief Mike Markle, City Manager Peter Zanoni, Assistant City Attorney Gabriel Rodriguez, and City Attorney Miles Risley discussed the following topics: this amendment would allow police officers an opportunity to explore better options for efficiencies; the current ordinance restricts the police department as the only party who could manage the wrecker company; the police department is asking to explore modernization of active management of the wrecker company; a third-party vendor would allow an officer to return to the streets and will reduce the overall time that the officers have to wait for a wrecker on the roadway; and the rotation list is not being eliminated by these changes. Mayor Guajardo opened public comment. John Bell, 555 N. Carancahua St., spoke on behalf of the wrecker companies. Mr. Bell stated that they did not receive any notifications from the city and is asking Council to delay this item to give them more time to look at better efficiencies. Norma Rivera, 5033 Ambassador Rd., spoke in opposition to a third-party company. Frank Martinez, 3449 Morgan Ave., spoke in opposition to a third-party company. Vela Rivera, 3449 Morgan Ave., spoke in opposition to a third-party company. City of Corpus Christi Page 7 Printed on 911512022 City Council Meeting Minutes September 13,2022 Irma Rivera, 3449 Morgan Ave., spoke in opposition to a third-party company. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 16. 22-1459 Ordinance appropriating $6,135 from the unreserved fund balance of the Type B Economic Development Fund for board members to attend the Texas Municipal League annual conference and amending the FY 2022 operating budget adopted by Ordinance 032539 by increasing expenditures by $6,135. Mayor Guajardo referred to Item 16. Director of Finance and Procurement Heather Hurlbert stated that this item is to appropriate funds from the fund balance for training requested by Type B Board Members to attend the Texas Municipal League (TML) Conference. Council Members, Director Hurlbert, and City Manager Peter Zanoni discussed the following topics: there are no administrative costs within the budget to cover this training; there is no economic development training at TML; staff does not recommend approval; and TML will not benefit Type A or Type B Members. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance failed with the following vote: Aye: 3- Council Member Barrera, Council Member Hunter and Council Member Martinez Nay: 6- Mayor Guajardo, Council Member Hernandez, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 17. 22-1559 Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in City of Corpus Christi Page 8 Printed on 911512022 City Council Meeting Minutes September 13,2022 the amount of$127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. Mayor Guajardo referred to Item 17. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- 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 Abstained: 0 N. BRIEFINGS: (ITEM 18) 18. 22-1448 City of Corpus Christi - Council Chambers Modernization Project Mayor Guajardo referred to Item 18. Architectural Associate of Gignac Architect Nick Gignac presented information on the following topics: City of Corpus Christi general scope of project; and proposed project schedule. Council Members, Mr. Gignac, City Manager Peter Zanoni, Director of Engineering Services Jeff Edmonds, and Police Chief Mike Markle discussed the following topics: council chambers has not been updated since the 1980's; the total project cost should not exceed $500k; a Council Member's concern whether the quality of the new sound system will suffice; a hearing loop is included in the scope of work; there will be no changes to the HVAC system, other than modifying the ducts; the carpet on the walls will be replaced with vinyl wall covering; audio/visual will be modernized; and the new construction will maintain an adequate level of safety. O. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 19) 19. 22-1463 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B. De Los Santos and Amelia G. De Los Santos. Mayor Guajardo referred to Item 19. City of Corpus Christi Page 9 Printed on 911512022 City Council Meeting Minutes September 13,2022 City Attorney Miles Risley stated that this item was tabled from the last meeting. The applicant has now turned in an amended timeline. Council will have the option of upholding, overturning or amending the order. City Manager Peter Zanoni stated that Mr. Michael De Los Santos prepared a repair plan that includes a roof securement, fascia of the front of the house, and items to cleanup. The roof timeline completion date is February 6-10, 2023, and the fascia timeline completion date is January 9-13, 2023. Staff prepared a resolution to uphold the Building Standards Board's order and modify it to provide that Mr. De Los Santos has until February 18, 2023, to fully and completely repair the roof, facade, all windows, front entrance, replace all rotten wood, and paint the exterior on both buildings on the property. Council Members, City Attorney Risley, and Mr. De Los Santos discussed the following topics: a Council Member would like to give Mr. De Los Santos time to address the issues of the property; a Council Member's request for Mr. De Los Santos to cleanup the yard quickly; and in response to a Council Member's concern about the completion of the roof, Mr. De Los Santos stated that the roof has been covered with plywood and tarp until it can be replaced. The following Resolution was considered: "Resolution upholding and modifying the Building Standards Board's orders to demolish dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B. De Los Santos and Amelia G. De Los Santos to suspend the demolition requirements of said order until February 18, 2023, to allow completion of repairs to the exterior of the buildings at said address and provide for demolition of said buildings if said repairs are not completed" Council Member Molina made a motion to approve the resolution, seconded by Council Member Hernandez. The Resolution was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: 032865 P. EXECUTIVE SESSION: (ITEMS 20 -22) Mayor Guajardo referred to Executive Session Items 20 and 21. The Council went into Executive Session at 1:32 p.m. The Council returned from Executive Session at 3:04 p.m. Mayor Guajardo referred to Executive Session Item 22. The Council went into Executive City of Corpus Christi Page 10 Printed on 911512022 City Council Meeting Minutes September 13,2022 Session at 4:31 p.m. The Council returned from Executive Session at 5:29 p.m. 20. 22-1569 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 purchase, exchange, lease, or value of real property rights for desalination and water treatment, transmission, and storage facilities, including areas at or near the (1) the Inner Harbor Ship Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd, Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La Quinta Channel Seawater Desalination Site involving various properties between Highway 361 and the La Quinta Ship Channel and areas in and adjacent to said locations, (3) other water rights and contracts for the purchase of water including, but not limited to, water related permits on or near the Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary Rhodes Pipeline (4) applications for water rights permits, discharge permits, and other permits from the Texas Commission of Environmental Quality and/or the U.S. Army Corps of Engineers and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property (water) rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. 21. 22-1570 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 contract(s) for the purchase of management services and related services for the American Bank Center (ABC Center) and Chapters 252 and 271 of the Texas Local Government Code. This E-Session Item was discussed in executive session. 22. 22-1584 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 permitting, siting, land use, and other legal issues for solid waste disposal, including composting and solid waste transfer stations, and the purchase, exchange, lease, or value of real property rights for property at, adjacent to, and/or in the vicinity of Holly Road and Bush Street, the J.C. Elliott Transfer Station, and/or Greenwood Drive & Highway 286 and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. City of Corpus Christi Page 11 Printed on 911512022 City Council Meeting Minutes September 13,2022 Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:30 p.m. City of Corpus Christi Page 12 Printed on 911512022 Norma Duran From: Jotform <noreply@jotform.com> Sent: Tuesday, September 13, 2022 10:48 AM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 09-13-2022 - Christopher Phelan [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure is is correct please contact the Helpdesk at 826-3766. E- -Public Comment & Input Form Date of Meeting 09-13-2022 Name Christopher Phelan Address Street Address: 3806 Kingston Drive City: Corpus Christi State/ Province:TX Postal/Zip Code: 78415 Topic Desalination Agenda Item Number 20. Describe Feedback: Once again city council is going to go into executive session to discuss behind closed doors the fate and the future of our city. Desalination should have been on the ballot but you are disingenuous in your public reasoning for not putting the decision in our hands because even while you claim the need and the mandate to make this decision that will affect generations you're continually punt your responsibilities to City staff. We can see the choke Canyon reservoir has not filled as it should have this is Criminal.We have heard Ramos give either false testimony in city council or your city manager lie in session. You should appoint a member of For The Greater good or somebody who had been tagged for the People's Port to the Port Commission a body that is rotten with ethics problems and refuses to be administered as is set forth by the Texas legislature. Once again I demand you bring that 1 undemocratic unelected body to heel as they are subservient to this body in law. Provide an email to receive a copy of your copanotexian@gmail.com submission. i 2 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, September 6,2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:36 a.m. B. Invocation to be given by Firefighter 1 Paramedic Rodney Appleby, Corpus Christi Fire Department Chaplain. Firefighter 1 Paramedic Rodney Appleby, Corpus Christi Fire Department Chaplain, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kyle Cullen, Junior at Richard King High School. Kyle Cullen, Junior at Richard King High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Present: 8- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member John Marti nez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Absent: 1 - Council Member Billy A. Lerma E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (NONE) F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Peter Davidson, 555 N. Carancahua St., spoke regarding North Beach Erosion Protection. City of Corpus Christi Page 1 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Rachel Caballero, 522 Hancock Ave., spoke in opposition to raising the tax rate. The following citizen submitted a written public comment which is attached to the minutes: Guillermo Gallegos, 7621 Cedar Brook Dr. G. BOARD &COMMITTEE APPOINTMENTS: 1. 22-1514 Landmark Commission (2 vacancies) Nueces County Tax Appraisal District (1 vacancy) Sister City Committee (3 vacancies) Mayor Guajardo referred to Item 1. Landmark Commission: Appointments: Walter Jeff Mumme and Elizabeth Riggle Nueces County Tax Appraisal District: Appointment: Deven S. Bhakta Sister City Committee: Reappointments: Luis F. Cabrera, Valerie Harbolovic, and Susane "Westi" Horn I. CONSENT AGENDA: (ITEMS 2 - 6) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would like to pull an item for individual consideration. No items were pulled. A motion was made by Council Member Pusley, seconded by Council Member Barrera to approve the Consent Agenda. The motion carried by the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Lerma Abstained: 0 2. 22-1517 Approval of the August 17, 2022 Budget Workshop Minutes, August 24, 2022 Budget Workshop Minutes and August 30, 2022 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. 22-1271 Case No. 0422-02, Behmann Brothers Foundation (District 3): Ordinance rezoning property at or near 602 Saratoga Boulevard (located along the north City of Corpus Christi Page 2 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road) from the "FR" Farm Rural District to "RS 4.5" Single-Family 4.5 Residential (Tract 1) and from the "FR" Farm Rural District to "RE/SP" Estate Residential District with a Special Permit (Tract 2). (Planning Commission and Staff recommend approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032842 4. 22-1405 Case No. 0622-01 Palomino Realty & Management Corp (District 2): Ordinance rezoning a property at or near 4958 Weber Road, located along the north side of Delphine Street, and east of Weber Road from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. (Planning Commission and Staff recommended approval of the change of zoning from the""RS-6" Single-Family 6 District to the "RS-TF" Two-Family District.) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032843 5. 22-1261 Ordinance amending sections 57-85, "Age of vehicle"; 57-131, "Fares-Amounts"; and deleting Chapter 57, Article VI Transportation Network Companies in its entirety of the City Code and providing for severance, publication, and an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032844 6. 22-1462 Ordinance appropriating $553,560 from an increase in the public health workforce grant from the Department of State Health Services (DSHS) for the period September 1, 2022, through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19), providing indirect cost reimbursement for general government support and procuring office supplies; amending the operating budget; and authorizing 16 grant positions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032845 J. FIRST READING ORDINANCE: (ITEM 7) 7. 22-1119 Ordinance amending the FY 2021-22 Operating budget to appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs. Mayor Guajardo referred to Item 7. Director of Management and Budget Eddie Houlihan presented information on the fleet City of Corpus Christi Page 3 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 maintenance fuel cost adjustment: background; price of fuel in FY 2022; and projection. A Council Member and Director Houlihan discussed the following topic: of the 740,000 gallons of diesel purchased, approximately $1,480,000 is used by solid waste. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 2- Council Member Lerma and Council Member Molina Abstained: 0 Enactment No: 032860 K. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEMS 8 - 9) 8. 22-1309 Appeal of the Building Standards Board's orders to demolish dilapidated/substandard structures located at 110 Josephine St. aka 106 Josephine St. and 102 Josephine St., 2212 Ruth St, and 1216 Martin Luther King Dr., owned by Markman Brothers Investments Corpus Christi LLC. Mayor Guajardo referred to Item 8. Representative for Markman Brothers Investments David Klein stated that all of the properties will be demolished, and requested an additional 15 days to complete demolition. Council Member Smith made a motion to approve the resolution, seconded by Council Member Hernandez. Council Member Hernandez made a motion to amend Section 8 of the resolution to change the date to October 21, 2022, seconded by Council Member Barrera. Council Member Hernandez made a motion to approve the resolution as amended, seconded by Council Member Barrera. This Resolution was passed as amended and approved with the following vote: City of Corpus Christi Page 4 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032859 9. 22-1463 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B. De Los Santos and Amelia G. De Los Santos. Mayor Guajardo referred to Item 9. Michael De Los Santos spoke on behalf of his elderly parents, Armando and Amelia G. De Los Santos, 625 Atlantic Street. Mr. De Los Santos requested a 90-day extension to assess the property and make repairs. City Attorney Miles Risley stated that staff believes the house is irretrievable. The Building Standards Board (BSB) made a determination to demolish this property. This is the appeal of the order to demolish the structure. The owner has not attempted to rehabilitate this house, nor has requested a permit. Council Members, Mr. Michael De Los Santos, Interim Code Compliance Program Manager Bobbie Rae Maldonado, Director of Development Services Al Raymond, and City Attorney Risley discussed the following topics: Council Members feel that 90 days is too long to assess the property; Mr. Armando De Los Santos had requested 60 days to remove his personal belongings; the last contact staff had with Mr. Armando De Los Santos was in June; Mr. Michael De Los Santos has had power of attorney since 2014; Mr. Michael De Los Santos has not presented an action plan to staff at this time; this property has negatively impacted the neighborhood and no repairs have been attempted; Mr. Michael De Los Santos will be given 30 days to apply for all necessary permits; the City hired a contractor to board and secure the property; and Mr. Michael De Los Santos has until October 6, 2022 before the City can take action. Council Member Molina made a motion to postpone this item until September 13, 2022, seconded by Council Member Smith. This Resolution was postponed with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 1 - Council Member Pusley Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032865 City of Corpus Christi Page 5 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 L. BUDGET RELATED ITEMS: (ITEMS 10 - 23) 10. 22-1573 FY 2022-2023 Budget Re-Cap Mayor Guajardo referred to Item 10. Director of Management and Budget Eddie Houlihan presented information on the following topics: city rates; city council amendments; budget adoption decision points; property tax rate decision points; tax rate considerations; and recommendations. Council Members, Director Houlihan, City Manager Peter Zanoni, City Attorney Miles Risley, and Chief Financial Officer Constance Sanchez discussed the following topics: if the fees for solid waste are not approved, then expenditures would have to be reduced by $1.8M; and staff recommends the reductions be made from recurring expenditures, not the fund balance. 11. 22-1470 Ordinance amending Corpus Christi Code Section 18-20 to increase ambulance rate schedule by 3% effective October 1, 2022. Mayor Guajardo referred to Items 11-19 There were no comments from the Council. Council Member Smith made a motion to approve Items 11-19 with the exception of Items 12, 13 and 16, seconded by Council Member Barrera. Items 11-19 were passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032846 12. 22-1464 One Reading Ordinance amending various sections of the Code of Ordinances, Chapter 21, Solid Waste, by revising applicable fees, rates, and charges. Mayor Guajardo referred to Item 12. A Council Member spoke in favor of using the one time reserve fund balance to pay for residential fees. Mayor Guajardo opened public comment. There were no comments from the public. City of Corpus Christi Page 6 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Barrera. Council Member Hernandez made a motion to amend the ordinance to keep the commercial collection rate as submitted by staff, delete the residential collection portion, and in lieu thereof pay using excess fund balance, seconded by Council Member Pusley. City Manager Zanoni clarified per the motion, the Council would also be approving the Cefe Valenzuela landfill fees, the J.C. Elliott transfer station fees, and the Municipal Service Waste Charge. The total for the four fees is $655,000. The residential fees in the amount of$1.184M would be taken out of fund balance. The motion to amend was approved with the following vote: Council Members Barrera, Hernandez, Martinez, Molina, Pusley, Smith and Mayor Guajardo, voting "Aye"; Council Member Hunter voting, "No"; and Council Member Lerma was absent. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Pusley. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032847 13. 22-1486 Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. Mayor Guajardo referred to Item 13. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. Council Member Barrera made a motion to amend the ordinance to exclude the inspection fee portion, which would be postponed until the 9/8/2022 special council meeting, seconded by Council Member Hernandez and approved with the following vote: Council Members Barrera, Hernandez, Martinez, Pusley, Smith and Mayor Guajardo, voting "Aye"; Council Member Hunter, voting "No"; Council Member Molina abstained; and Council Member Lerma was absent. City of Corpus Christi Page 7 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Council Member Barrera made a motion to approve the ordinance as amended, seconded by Council Member Hernandez. This Ordinance was passed on second reading as amended and approved with the following vote: Council Members Barrera, Hernandez, Martinez, Pusley, Smith and Mayor Guajardo, voting "Aye"; Council Member Hunter, voting "No"; Council Member Molina abstained; and Council Member Lerma was absent. At the end of the meeting, Council Member Hernandez made a motion to reconsider Item 13, seconded by Council Member Pusley, and passed unanimously. Council Member Hernandez made a motion to amend to consider the inspection fee portion of the ordinance at a future date, seconded by Council Member Pusley, and approved with the following vote: Council Members Barrera, Hernandez, Hunter, Martinez, Pusley, Smith and Mayor Guajardo, voting "Aye"; Council Member Molina abstained; and Council Member Lerma was absent. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 1 - Council Member Molina Enactment No: 032848 14. 22-1484 Ordinance amending the City Code of Ordinances, Chapter 12, Section 12-83, regarding the Marina fee schedule as of October 1, 2022. Mayor Guajardo referred to Item 14. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032849 15. 22-1482 Ordinance amending the City Code of Ordinances, Chapter 55, regarding 9-1-1 emergency service fees as of January 1, 2023. Mayor Guajardo referred to Item 15. City of Corpus Christi Page 8 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032850 16. 22-1415 Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, and providing a savings clause. Mayor Guajardo referred to Item 16. Council Member Hernandez requested that this Item be pulled to state he would be voting "No", as he did on first reading. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032851 17. 22-1475 Ordinance amending Chapter 49, Article VIII, Management of Right of Way of the Corpus Christi Code to adopt a consolidated fee schedule for Right of Way management and providing an effective date. Mayor Guajardo referred to Item 17. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 9 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032852 18. 22-1394 Ordinance amending Section 55-50(a)(2)(e) of the Corpus Christi Code of Ordinances regarding Resale Treated Water Rates to wholesale customers outside of City limits; and establishing an effective date of January 1, 2023 Mayor Guajardo referred to Item 18. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032853 19. 22-1409 Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to revise the definition and calculation method for the Interim Residential Average Usage for residential wastewater charges to calculate a winter quarter average for new residential customers. Mayor Guajardo referred to Item 19. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Absent: 1 - Council Member Lerma City of Corpus Christi Page 10 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Abstained: 0 Enactment No: 032854 20. 22-1473 Ordinance adopting the City of Corpus Christi Operating Budget for the Fiscal Year 2022-2023, beginning October 1, 2022; Authorizing personnel complements; providing for copy to be filed with the County Clerk; appropriating funds as provided in the budget; and adopting the Infrastructure Management Plan. Mayor Guajardo referred to Item 20. Director of Management and Budget Eddie Houlihan presented information on the following topics: addresses city council and community priorities; FY 2023 total city budget$1.4 Billion; FY 2023 proposed budget general fund (with transfers); FY 2023 budgeted positions; amendments; and next steps. Council Members, City Manager Peter Zanoni, Director Houlihan and Capital Improvement Program Manager Kamil Taras discussed the following topics: a Council Member's request to possibly use the $2.3M for curbs and sidewalks; a Council Member's concern that North Beach has been overlooked for storm drainage funding in the past; a Council Member stated that North Beach has received $7M in storm drainage funding; the City has a proposed linear canal drainage system plan for North Beach; a Council Member's concern about tree maintenance and expenses; and staff prioritized the recurring reductions by the least amount of impact versus the greatest amount of impact for City business. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. Council Member Barrera made the following amendments to the proposed operating budget, seconded by Council Member Molina and approved with the following vote: Council Members Barrera, Martinez, Molina, Pusley and Mayor Guajardo, voting "Aye"; Council Member Hernandez, Hunter and Smith, voting "No"; and Council Member Lerma was absent. Motion to amend the budget per the schedule of adjustments (See attached Exhibit A) Motion to amend the budget to include one-time expenditures of$20,998,506, less $1,800 in Council At-Large car allowance, totaling $20,996,706. (See attached Exhibit B) Motion to amend the budget to reduce recurring expenditures by $1,729,644 (See attached Exhibit C). Council Member Barrera made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading City of Corpus Christi Page 11 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 as amended and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Barrera, Council Member Martinez, Council Member Molina and Council Member Pusley Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Smith Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032855 21. 22-1472 Ordinance adopting the Corpus Christi Fiscal Year 2022-2023 Capital Budget in the amount of$628,234,271, Beginning October 1, 2022. Mayor Guajardo referred to Item 21. Director of Management and Budget Eddie Houlihan presented information on the following topics: FY 2023 capital budget $617.0 Million; amendments; and amended proposed CIP budget. Council Members, City Manager Zanoni, Director Houlihan, Chief Financial Officer Constance Sanchez, Capital Improvement Program Manager Kamil Taras, Financial Advisor Noe Hinojosa, Assistant Director of Corpus Christi Water Wesley Nebgen, and Chief Operating Officer Mike Murphy discussed the following topics: staff generated the Maintenance and Operations (M&O) rate based on the state law of 3.5%, and set the M&O rate based on outstanding debt; the new Capital Budget would be $622,410,456; a Council Member's concern about the projected significant rate increase for utilities; the assumed rate increase would be for about five to six years, not three years; the Capital Budget is a planning tool because the projects have not been designed yet; the City's total current debt is about $1.413; the 10 year projected growth is around 5% to 6%; the maximum water projection this year is about 89 MGD and proposing 92 MGD next year; Council Members' request to prioritize projects and keep the projects that are currently under construction or in design; for every $200M spent, there could be a 6% increase in our rates; and a Council Member's concern about the impact of rates to the ratepayer. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. Council Member Molina made a motion to amend the ordinance to include the alternate water utility short range CIP list (see attached Exhibit D), seconded by Council Member Pusley and approved with the following vote: Council Members Martinez, Molina, Pusley, Smith, Hernandez and Mayor Guajardo, voting "Aye"; Council Members Barrera and Hunter, voting "No"; and Council Member Lerma was absent. Council Member Pusley made a motion to amend the Capital Improvement Budget by $5,417,312 (see attached Exhibit E), seconded by Council Member Molina and approved with the following vote: Council Members Martinez, Molina, Pusley, Barrera City of Corpus Christi Page 12 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 and Mayor Guajardo, voting "Aye"; Council Members Smith, Hernandez and Hunter, voting "No"; and Council Member Lerma was absent. Council Member Pusley made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 3- Council Member Barrera, Council Member Hernandez and Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032856 22. 22-1414 Ordinance setting an ad valorem tax rate for FY 2023 of$0.637864 per$100 valuation which is effectively an 10.2% increase over the no-new-revenue tax rate. Mayor Guajardo referred to Item 22. Director of Finance Heather Hurlbert presented information on the following topics: FY 2023 tax rate; and options. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Smith made the following motion to amend the tax rate, seconded by Council Member Molina and approved with the following vote: Council Members Barrera, Martinez, Molina, Pusley, Smith and Mayor Guajardo, voting "Aye"; Council Members Hernandez and Hunter, voting "No"; and Council Member Lerma was absent. "I move that the property tax rate be increased by the adoption of a tax rate of$0.620261 per$100 valuation which is effectively a 7.2% increase in the tax rate." A Council Member recommended that the City grant a 20% homestead exemption, along with a $62,500 additional exemption for citizens 65 years of age and older. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith City of Corpus Christi Page 13 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 Nay: 2- Council Member Hernandez and Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032857 23. 22-1474 Ordinance ratifying the property tax increase reflected in the FY 2022-2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021-2022 Operating Budget in amount of$14,268,477. Mayor Guajardo referred to Item 23. Director of Management and Budget Eddie Houlihan stated that this ordinance ratifies the property tax increase reflected in the FY 2022-2023 Operating Budget in the new amount of$10,354,938. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. Council Member Molina made a motion to amend the ordinance to read $10,354,938, seconded by Council Member Barrera and approved with the following vote: Council Members Barrera, Martinez, Molina, Pusley, Smith and Mayor Guajardo-voting yes; Council Members Hernandez and Hunter-voting no; and Council Member Lerma-absent. Council Member Molina 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: 6- Mayor Guajardo, Council Member Barrera, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Hunter Absent: 1 - Council Member Lerma Abstained: 0 Enactment No: 032858 M. RECESS FOR LUNCH: (NONE) N. PUBLIC HEARINGS: (NONE) City of Corpus Christi Page 14 Printed on 9/16/2022 City Council Meeting Minutes September 6,2022 O. INDIVIDUAL CONSIDERATION ITEMS: (NONE) P. BRIEFINGS: (NONE) Q. EXECUTIVE SESSION: (NONE) R. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:08 p.m. City of Corpus Christi Page 15 Printed on 9/16/2022 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, September 6, 2022 9:07 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 09-06-2022 - Guillermo Gallegos FYI From:Jotform <noreply@jotform.com> Sent: Monday, September 5, 2022 11:35 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 09-06-2022-Guillermo Gallegos I I WARNING: External e-mail.Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Public Comment & Input Form Date of Meeting 09-06-2022 Name Guillermo Gallegos Address Street Address: 7621 Cedar Brook Dr. City: Corpus Christi State/Province:TX Postal/Zip Code: 78413 Topic Budget Agenda Item Number 22-1472 Describe Feedback: The Council MUST put the low barrier shelter back on the agenda.A low barrier shelter will provide great relief to the city's homeless population by allowing them to shelter indoors without the restrictions of NGO-run shelters.A low barrier shelter would also provide city jobs and be ultimately held accountable by the people the way that charity run shelters are not. Provide an email to receive a copy of your ggtherobot@yahoo.com submission. 1 EXHIBIT A Schedule of Adjustments City of Corpus Christi Amendments to the FY 2022-2023 Proposed Budget TOTAL PROPOSED REVENUES $ 1,030,237,396 TOTAL PROPOSED EXPENDITURES $ 1,083,602,290 GENERALFUND General Fund-1020 Proposed Revenues $ 308,842,178 Adiustments: Adjusted Advalorem Taxes-current (907,391) Industrial District-In-lieu 805,911 Industrial District-In-lieu adjustment due to$.0084 Tax Rate decrease (384,000) Industrial District-In-lieu adjustment due to additional$.0176 Tax Rate decrease on 9-6-22 (804,200) Short-Term Rental True-up 750,000 Solid Waste Fee Adjustment Not Approved (1,839,000) Solid Waste Fee Adjustment Approved Commercial Customers 655,000 Total Adjusted Revenues Proposed Expenditures $ 331,548,884 Adiustments: Lease Purchase Payments-move to Debt Service (3,913,539) Adjusted Solid Waste Lease Purchase payments(no savings from composting until FY 2024) 598,342 Transfer to Residential Streets-Property Taxes($.04 per$100 valuation,True-up after final) 545,485 Transfer to Residential Streets-(1%of General Fund Revenue per Financial Policy) (9,434) Transfer to Street Maintenance Fund(6%of General Fund Revenue per Financial Policy) (52,860) Adjustment for two Constituent Relations Support positions for City Council 135,270 Adjusted Park&Recreation maintenance for repair work on St.Andrews Park tennis courts 25,000 Adjusted Salinas Park funding for lighting and trail improvements(design services) 100,000 Adjusted funding for Homeless outreach with Partner Agencies through competitive bid process 100,000 Adjusted to move Economic Development position from Street Fund 108,431 Transfer to Storm Water CIP Fund for North Beach drainage improvements 2,000,000 Bike Path Master plan refresh 100,000 Transfer to Information Technology Fund for Wi-Fi at 13 new locations 212,525 Adjusted City Council car allowance for the 3 At-Large Councilmembers 1,800 Reduction of One-Time Item As Per Council Action on 8-30-2022 (25,381,031) Additions of One-Time Item As Per Council Action on 9-06-2022 20,996,706 Additions of Lease Purchase Items As Per Council Action on 9-06-2022 $ 3,913,539 Reduction of Recurring Item As Per Council Action on 9-06-2023 (1,729,644) Adjustment to Recurring additional Transfer to Residential Streets (1,184,000) Adjustment to One-Time additional Transfer to Residential Streets 1,184,000 Total Adjusted Expenditures ENTERPRISE FUNDS Water Fund-4010 Proposed Expenditures $ 144,804,576 A�l'ustments: Adjustment for an additional Water Resource Specialist Position $ 70,000 Total Adjusted Expenditures SPECIAL REVENUE FUNDS Hotel Occupancy Tax Fund-1030 Proposed Expenditures $ 19,464,840 Adiustments: Adjusted Debt Service payment(to free-up funds for Convention Center repairs) $ (2,097,312) Adjusted Art Projects funding $ 100,000 Transfer to GO Debt for Convention Center Debt $ 2,097,312 Total Adjusted Expenditures 19,564,840 Street Maintenance Fund-1041 Proposed Revenues $ 37,997,360 Adiustments Transfer from GF(6%of General Fund Revenue per Financial Policy) $ (52,860) Total Adjusted Revenues Proposed Expenditures $ 46,427,074 Adiustments: Adjustment to move Street Fund position to Economic Development $ (108,431) Adjusted to add expenses for street maintenance fee market study $ 100,000 Adjustment to add expenses for street Wi-Fi signs $ 20,000 Total Adjusted Expenditures Residential Street Reconstruction-1042 Proposed Revenues $ 19,972,399 Adiustments: Transfer from GF-Property Taxes($.04 per$100 valuation,True-up after final) $ 545,485 Transfer from GF-(1%of General Fund Revenue per Financial Policy) $ (9,434) Total Adjusted Revenues Reinvestment Zone No.2 Fund-1111 Proposed Revenues $ - Adiustments Adjusted RIVZ#2 Current Taxes-City $ 3,884,967 Total Adjusted Revenues Visitors Facilities Fund-4710 Proposed Expenditures $ 11,093,638 Adjustments: Adjusted Arena Capital $ 1,949,823 Total Adjusted Expenditures Park Develo ment Fund-4720 Proposed Expenditures $ 540,998 Adjustments: Adjustment to expend all remaining balances from Community Enrichment Fund $ 2,434,584 Total Adjusted Expenditures INTERNAL SERVICE FUND Information Technology Fund-5210 Proposed Revenues 22,238,550 Adiustments: Adjusted Revenue from GF for Additional Wi-fi Sites 212,525 Adjusted Per City Council Action on 8-30-22 (212,525) Total Adjusted Revenues Proposed Expenditures $ 21,823,367 Adiustments: Adjustment for Additional Wi-fi Sites $ 212,525 Adjusted Per City Council Action on 8-30-22 (212,525) Total Adjusted Expenditures En ineerin Fund-5310 Proposed Revenues 13,236,786 Adiustments: Adjusted Engineering Services-CIP Projects 260,000 Adjusted Public Improvement Inspection Fees(Add 4 positions) 496,258 Adjusted Public Improvement Inspection Fees(Add 4 positions)--Removed Council action 09/06/2022 (496,258) Total Adjusted Revenues 9 13,496, Proposed Expenditures $ 12,993,444 AAdiustments: Adjustment to contracted services for audit of construction projects $ 260,000 Adjustment for addition of 4 Public Improvement Inspectors 496,258 Adjustment for addition of 4 Public Improvement Inspectors--Removed Council Action 09/06/2022 (496,258) Total Adjusted Expenditures Employee Health Benefits-Citicare Fund-5610 Proposed Revenues 22,050,438 AAdiustments: Adjusted City Contribution for savings due to migration of employes to CDHP-As per Council Action 09/06/2022 (250,000) Total Adjusted Revenues 21,800,438 Proposed Expenditures $ 23,761,576 A_diustments: Adjusted Citicare for savings due to migration of employes to CDHP-As per Council Action 09/06/2022 $ (250,000) Total Adjusted Expenditures 23,511,S76 DEBT SERVICE FUND General Obli ation Bond Debt Service Fund-2010 Proposed Revenues 54,317,608 Adjustments: Adjusted Advalorem Taxes-current 6,910,106 Adjusted Interfund Transfer for Debt (2,097,312) Adjusted Interfund Transfer for Debt added back 2,097,312 Adjusted Advalorem Taxes-current for Council action taken 09/06/2022 $ (3,913,539) Total Adjusted Revenues Proposed Expenditures $ 57,770,410 Adjustments: Adjusted Lease Purchase Payments $ 3,913,539 Reduction of Item As Per Council Action on 9-06-2023 $ (3,913,539) Total Adjusted Expenditures TOTAL PROPOSED AMENDED REVENUES 1,035,888. 441 TOTAL PROPOSED AMENDED EXPENDITURES 1,085,928,856 City of • . BudgetSummary • Positions 2022 - 2023 Adjusted Original ProposedProposed Fund/Department General Fund Mayor's Office 3.00 3.00 - City Council - - - City Secretary 11.00 12.00 1.00 City Auditor 6.00 6.00 - City Manager and ACMs 14.00 12.00 (2.00) Communication: Intergovernmental Relations 2.00 2.00 - Public Information 12.00 12.00 - Call Center 29.00 29.00 - City Attorney 22.00 22.00 - Finance 55.00 54.00 (1.00) Management and Budget 11.00 10.00 (1.00) Strategic Planning and Innovation 3.00 3.00 - Human Resources 20.00 19.00 (1.00) Municipal Court-Judicial 15.00 18.00 3.00 Municipal Court 61.00 60.00 (1.00) Fire 461.00 461.00 - Civilian 15.00 15.00 - Sworn Firefighters 446.00 446.00 - Police 528.00 528.00 - Civilian 120.00 120.00 - Sworn Officers 408.00 408.00 - Health 50.00 48.00 (2.00) Library 65.00 64.00 (1.00) Parks and Recreation 566.00 566.00 - Solid Waste 196.00 196.00 Comprehensive Planning 12.00 7.00 (5.00) Neighborhood Services: Neighborhood Services Administration - - - Animal Care 49.00 47.00 (2.00) Code Enforcement 27.00 32.00 5.00 Homeless Services 3.00 3.00 - Housing Services 2.00 2.00 - General Fund Total 2,223.00 2,216.00 (7.00) City of CorpusBudgetSummary • Positions 2022- 2023 Adjusted Original ProposedProposed Fund/Department Enterprise Funds Water Fund 4010 329.00 330.00 1.00 Gas Fund 4130 167.00 167.00 - Wastewater Fund 4200 260.00 260.00 Storm Water Fund 4300 122.00 122.00 - Airport Fund 4610 86.00 86.00 Marina Fund 4700 17.00 17.00 - Enterprise Funds Total 981.00 982.00 1.00 Internal Service Funds Contracts and Procurement Fund 5010 30.00 30.00 - Asset Management - Fleet Fund 5110 69.00 69.00 - Asset Management - Facilities Fund 5115 66.00 66.00 - Information Technology Fund 5210 84.00 84.00 - Engineering Services Fund 5310 99.00 99.00 - Risk Management Administration Fund 5613 13.00 13.00 - Health Benefits Administration Fund 5618 6.00 6.00 - Internal Service Funds Total 367.00 367.00 - Special Revenue Funds Hotel Occupancy Tax Fund 1030 11.00 11.00 - State Hotel Occupancy Tax Fund 1032 55.00 55.00 Juvenile Case Manager Fund 1037 2.00 2.00 - Street Maintenance Fund 1041 160.00 159.00 (1.00) MetroCom Fund 1048 84.00 84.00 Civilian 82.00 82.00 Sworn Officers 2.00 2.00 - Public Health District 1115 Waiver Fund 1049 4.00 10.00 6.00 Development Services Fund 4670 87.00 87.00 - Visitors Facilities Fund 4710 2.00 2.00 - Local Emergency Planning Fund 6060 - 1.00 1.00 Crime Control Fund 9010 78.00 78.00 - Civilian - - Sworn Officers 78.00 78.00 - Special Revenue Funds Total 483.00 489.00 6.00 Operating Positions 4,054.00 4,054.00 - GRANT FUNDED EMPLOYEES SUMMARYOF ADOPTED1POSITIONS Proposed2022 - 2023 Adjusted . . . Fund/Department Enforcement 11.00 11.00 - Fire - - - Health District 61.00 61.00 - Parks and Recreation 25.00 25.00 - Police 11.00 10.00 (1.00) Neighborhood Services - 12.00 12.00 Total Grant Positions 108.00 119.00 11.00 Operating Positions 4,054.00 4,054.00 - Grant Positions 108.00 119.00 11.00 Total City Positions 4,162.00 4,173.00 11.00 O O O O M O O O O O O O O O m O V O O O O O O O �o O O O O �D O O O O O O O O O .--i O (n O O O O O O O n O O O O O O O O O O O O O O Lb N O O O O O O O O Lr) O O O Ln O O O O O O O O Ln Ln Ln t Lrj O O O 66 O O 1;F O Ln Ln n O Ln O O Ln m O d' N m Lb M O O Ln Ln Ln Ln Ln LD O a> N M N O N Ln Ln N M Ln V M O O O O M O O O O O O O O O m O 'h O O O O O O O lD O O O O LD O O O O O O O O O —4 O M O O O O O O O n O O O O O O O O O O O O O O cl N O O O O O O C O Ln w O O O O O O O O O O O O Ln M Ln It Ln O O O O O O O V v/ O Ln Ln Ln It O Ln O O Ln W O V" N O Lp M O O Ln Ln Ln Ln Ln lD • O a1 N Ln N O N Ln Ln N M Ln V —q M C� O X Wru c c u o a ; fu -Fa of 1i L6 CL a c U c o u Q) = O `. _L T lT .� c c c L - Vu ac U c @ o 0 L (U yLn a)c -0 u Q � o E Q J LLL > C N = N M = O LO \ O Ln fu C — C T L N l71 a..+ m to L C Q' 'Ln U) LN N > La c v v a) c Q) c L a N a c m a s Lac L ,U, u E Ln Q) uU) _ 3 c u U cc -0 u 0 L L U O LL a U Li LL L}i f1 fa -° E C E u Q E U w v a o C to c O dS t+ N �a = Ln (a > N C C N U '� "6 "6 'O -p d : LU -° L U ' N -O °i Q O O > c Q C C C C C fa fa N I..L N C — N 'y, to N • C C 7 C C U C a--' C t N N N U C U - C LL LL LL LL LL U- (� U n N v .c v c a� fa a E T a O L X o L U O 11 d d 11 d f1 N d J J N U- L w C L Q) N a Lu @ ` C L C U > O v E N U U U U U = U C U ' O O 7 fo O Ln O O L > fo ` + LL L z c c c (u o c (u Q a Q Y Y -Y � .V N N N LL LL O _ O N Q N N y�� -p C L L L Y L L L U L a s +� fa +.+ a..+ � O � i C L � � C C (O La (a L C f6 7 +� fo O �-+ T f f= C 7 N 7 U L C u 11 L1 CL @ a a a (n Ln U U L E O E Ls � a-' c a = O O O O L O N O O O O O O O O O O ` ` C � O m m � to U) _ +-+ +-r w �O U a`-� U U M N U C L L L LU L L L L L L L V C Q LU O L (a Lb !_ Lb M N N N c N N LU Q) .c N D N N N '""' O �" N ,.., ,� N �' w C C C C_ . 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y y y �r0 '£O O O O O O O O O O - rp d a a a a` a` Q Q Q Q Q a a` a a` a Q Q Q Q Q a EXHIBIT E Schedule of Adjustments CIP City of Corpus Christi Amendments to the FY 2022-2023 Proposed Capital Budget TOTAL PROPOSED REVENUES $ 616,993,444 TOTAL PROPOSED EXPENDITURES $ 616,993,444 Parks&Recreation CIP Proposed Revenues $ 59,499,826 Adiustments: Increase-Community Enrichment Funds 2,129,271 Increase- General Fund 27,000 Increase-Grants-CDBG 455,336 Decrease-General Fund (Council Amendment 9-6-22) (3,320,000) Total Adjusted Revenues $ 58,791,433 Proposed Expenditures $ 59,499,826 Agtiustments: Add-Community Enrichment Park Improvements 2,129,271 Add -Ben Garza Gym Improvements 482,336 Decrease-Flour Bluff Dog Park(Council Amendment 9-6-22) (175,000) Remove- North Beach Historical Plaza Shade Structure (Council Amendment 9-6-22) (835,000) Remove- Gateway Signs (Council Amendment 9-6-22) (2,310,000) Total Adjusted Expenditures $ 58,791,433 Public Facilities CIP Proposed Revenues $ 19,000,245 Adiustments: Increase-Type A/B Sales Tax 2,481,908 Increase- HOT Funds 4,147,312 Decrease- HOT Funds(Council Amendment 9-6-22) (2,097,312) Total Adjusted Revenues $ 23,532,153 Proposed Expenditures $ 19,000,245 Adiustments: Increase ABC-City Terrace,and Suite Enhancements 1,696,473 Increase -ABC- Facility Improvements 4,932,747 Decrease -ABC- Facility Improvements (Council Amendment 9-6-22) (2,097,312) Total Adjusted Expenditures $ 23,532,153 Storm Water CIP Proposed Revenues $ 60,152,107 Adiustments: Increase -General Fund 2,000,000 Total Adjusted Revenues $ 62,152,107 Proposed Expenditures $ 60,152,107 Adiustments: Increase - North Beach Drainage Improvements 2,000,000 Total Adjusted Expenditures $ 62,152,107 Wastewater CIP Proposed Revenues $ 121,426,116 Adiustments: Decrease- Revenue Bonds(Council Amendment 9-6-22) (15,745,000) Total Adjusted Revenues $ 105,681,116 Proposed Expenditures $ 121,426,116 Adiustments: Decrease-Up River Rd WW Force Main/Ground Water Improvements(Council Amendment 9-6-22) (165,000) Decrease-Wastewater Treatment Plants Office Facilities(Council Amendment 9-6-22) (480,000) Decrease- London WW Collection System Improvements (Council Amendment 9-6-22) (14,580,000) Decrease -Water Street WW Line Improvements(Council Amendment 9-6-22) (165,000) Decrease-Greenwood WWTP Flood Mitigation (Council Amendment 9-6-22) (355,000) Total Adjusted Expenditures $ 105,681,116 Water CIP Proposed Revenues $ 157,155,778 Adiustments: Decrease- Revenue Bonds (Council Amendment 9-6-22) (14,178,625) Total Adjusted Revenues $ 142,977,153 Proposed Expenditures $ 157,155,778 Adiustments: Decrease-Corpus Christi Water Parking Lot Improvements(Council Amendment 9-6-22) (1,845,125) Decrease-Warehouse Facility from Ground Storage Tank(Council Amendment 9-6-22) (3,093,000) Decrease-Sand Dollar Connection Line 16" (Coral Vine) (Council Amendment 9-6-22) (630,000) Decrease-Water St Water Line Replacement(Council Amendment 9-6-22) (610,500) Decrease-ONSWTP Chlorine System Improvements(Council Amendment 9-6-22) (8,000,000) Total Adjusted Expenditures $ 142,977,153 TOTAL PROPOSED AMENDED REVENUES $ 592,893,334 TOTAL PROPOSED AMENDED EXPENDITURES $ 592,893,334 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of September 13, 2022 1852 Second Reading Ordinance for the City Council Meeting of September 20, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2604 Accepting and appropriating funds the 2023 Selective Traffic Enforcement Program Grant Funds from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the City, with a City match of $46,247.50 in fringe benefits and fuel expenses, with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. SUMMARY: This ordinance authorizes acceptance of a grant and appropriation of funds from the Texas Department of Transportation for overtime for police officers to increase traffic enforcement in the City with a City match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities carried out by local law enforcement agencies that reduce crashes by focusing enforcement efforts on high crash areas. TxDOT is providing the City of Corpus Christi Police Department (CCPD) with a grant in an amount of$184,929.55 to continue the STEP program in FY 2023. The City is matching the grant with $46,247.50 in fringe benefits and fuel from the Police General Fund. Between the grant award and the City case match, the total amount for the STEP program in FY 2023 is $231,177.05. The grant will be used to provide overtime funding to police officers to enforce DWls, speed violations, and distracted driving across the City within varied days of the week and hours of operation. The grant is for a one-year period beginning on October 1, 2022 and ending September 30, 2023. CCPD has received funding through the STEP program for over 20 years. The award for FY 2022 was in the amount of$182,000.00. ALTERNATIVES: The alternative is not to accept the grant and, therefore, not provide additional enforcement for DWI, speed violations, and distracted driving across the city. FISCAL IMPACT: The fiscal impact in FY 2023 is the acceptance and appropriation of grant funds in an amount of $184,929.55 to the Police Grants Fund and a City match in an amount of $46,247.50 in fringe benefits and fuel to be funded from the Police General Fund. Finance Grants will assign the Organization/Activity for Fund 1061 once the grant funds are appropriated. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: N/A Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): N/A Account: 510200 Overtime 511000 Fringe Benefits Amount: 510200 = $167,163.75 511000 = $17,765.80 Fund: 1020 Police General Fund Organization/Activity: 11740 Uniform Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): N/A Account: 511000 Retirement 520050 Fuel and Lubricants Amount: 511000 = $23,473.50 520050 = $22,774.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $184,929.55 for the 2023 Comprehensive Selective Traffic Enforcement Project (STEP) to increase traffic enforcement in the City, with a city match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund. SECTION 2. That $184,929.55 is appropriated in the No. 1061 Police Grants Fund to increase traffic enforcement in the City. 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 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 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 Guajardo City Secretary Mayor 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2604 Amending Chapter 57 of the Code of Ordinances to modify auto wrecker ordinance CAPTION: Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. SUMMARY: The changes are primarily administrative in nature along with an increase in fee structure. The new language added to this section provides a process for the City to enter into a contract with a third-party vendor (using a competitive process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. BACKGROUND AND FINDINGS: Entering into a contract with a third-party vendor provides increased oversight for wrecker companies to assure that they are operating as efficiently as possible. Currently, a Corpus Christi Police Department(CCPD) officer is tasked with overseeing the operations of the wrecker companies. A third- party vender will allow this officer to return to the streets and will reduce the overall time that CCPD officers have to wait for a wrecker on the roadway. It also will provide a platform to extract meta data on wrecker operations. Currently, Dallas, Ft. Worth, San Antonio, Austin, Harris County, and Round Rock utilize a tow management company. If the proposed amendment is approved, CCPD will work with the City's Procurement team to create a Request for Proposals. This process is estimated to take between four to six months CCPD and the Legal Department met with the wrecker companies two times in person. In addition, there were numerous emails and communication with the wrecker companies and their attorneys. The Ordinance was last modified in 2017. The proposed changes to the ordinance are listed below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal - This amendment gives greater discretion to the Police Chief regarding the use of wrecker companies who have demonstrated conduct or a pattern of conduct which calls into question their ability to perform rotation list tows with honesty and integrity. This section also further clarifies the process for the denial and appeal of a permit revocation or denial. Sec. 57-233. – Promulgation of regulations - This section is renamed "Administration" for a more apt caption. The new language added to this section allows the City to enter into a contract with a third-party vendor (using the contracts & procurement process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. Sec. 57-243 – Responding to calls - This section is modified to allow up to 60 minutes for Category B wreckers as they require additional preparation and staging time. Sec. 57-249–Maximum auto wrecker service and storage fees -This section increases the fees allowed to be charged by wrecker companies: • Cat. A Tows: +$30 for Rotation List Tow and +$10 for Private Property Impounds • Increases unusual distance fees +$25 • Increases the fee for tows requiring a wrecker to leave City limits by $25 • Creates separate categories and prices for Medium Duty and Heavy-Duty Category B tows • Modifies the current specialized equipment charge to be allowed only at industry standard rates for equipment that is owned and with a 25% upcharge in cases where the equipment is leased or rented by a third-party company wholly separate from responding wrecker company • Adds an additional rate for"Rotators" and sets limitations for its use and application • Storage fees are modified to refer to state law which are adjusted every two years in relation to the Consumer Price Index (CPI) • Adds an additional rate for the pass-through cost of utilizing a Third-Party Tow Management Company PROCUREMENT DETAIL: Not applicable. ALTERNATIVES: The alternative is not to change the Ordinance which will result in the City's inability to update the fees based off the CPI and proper categorization of wreckers which will cause a loss in additional fee revenue. This will prevent the FY 2023 Policy Budget from having an additional $200,000.00 from revenues derived from the increase in fees. FISCAL IMPACT: The increase in fees is estimated to be $200,000.00 which will be recouped from the owner of the vehicle upon pick up at the impound lot or from the sale of the vehicle if unclaimed. Additionally, there is a$200,000 increase in expenditures to pay the wrecker companies upon invoice. The FY 2023 Police Budget has been modified to reflect an increase in revenue of $200,000.00 and an increase in expenditures of$200,000.00. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11770 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Amount: $200,000.00 RECOMMENDATION: Staff recommends approval of this amendment to the ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Wrecker Ordinance Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Section 57-231 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal. (a) The chief of police may deny an application, suspend, or revoke a permit if the applicant, owner or wrecker company has: (1) A criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for a felony or a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds five h„n,1ro,1 ,hr.iiAPg {$500.00}; (2) Violated any provisions of V.T��Texas Occupations Code G4-.Chapter 2308, rules or regulations promulgated by the Texas Department of Licensing and Regulation, any provisions of the city ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) Knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article; (4) The annrran+ nr GWRAr hAS hadHad a permit revoked under this chapter; or (5) The appliGaRt GF GWReF 06 deliR9 ion+A delinquency on outstanding fines or fees due to the Texas Department of Licensing and Regulation or the city. (6) Demonstrated a pattern of violations of this article or regulations promulgated by the Texas Department of Licensing and Regulation within the last 2 years. (7) Demonstrated conduct which would violate the trust of the citizens at large of the City within the last year. (b) Notwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke or suspend any auto wrecker or rotation list permit for a violation of the state law, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denial, suspension or revocation shall be made in accordance with the following procedures: (1) Upon complaint by any person or the chief of police or motion against any owner, agent or employee of a wrecker company for violating any provision of the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker, or state law, the chief of police er hic+ G196irrr,^^, after giving te-R-{104 days' notice of the grounds of such complaint to the wrecker company shall hold a hearing. The notice shall contain the specific ordinance or state law violations alleged. After proper notice is given and the owner fails to appear for the hearing, the chief of police or his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who are present. For good cause and at the chief of police's Ar his designee'G sole discretion, a hearing may be rescheduled one {� time at the owner's request provided that the chief of police ^r hic de.si^r,00 receive the written reschedule request at least two Q-}working days before said hearing. At the conclusion of said hearing, the chief of police nr hic GIGSi^r,00 may issue: a. A warning to the owner; b. Deny the permit; or c. Permanently revoke or suspend the permit. Previous warnings or suspensions within the preceding two years may be considered by the chief of police ^r hic deGi^r,^r in making the decision. (2) If the chief of police ^r his desi^r,00 suspends the permit, the suspension shall not be more than sixty 601 days. The r.hi^f'c ^^+ir,n Sh.;n he (3) All suspensions and revocations shall apply to the wrecker company and its permitted affiliates. (4) If the chief of police ^r his desi^r,oo revokes a permit permanently, suspends, or m ie dedens a permit, he shall notify the owner in writing. The notice shall be deemed sufficient if deposited in the United States mail addressed to the owner's business address as contained in the original or renewal application for a permit, and by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit, suspend a permit, or deny a permit application, within 10 days from the date of the notice of revocation, suspension or denial, by sending a letter addressed to the city manager stating that an appeal from the chief of police's decision is desired. If an appeal is perfected, the chief of police's decision shall be suspended pending a hearing by the city manager or his designee. If no valid permit exists at the time of the hearing, the owner's business shall remain unpermitted. The city manager or his designee shall promptly, within +homy (304 days, hear such appeal and shall either sustain, modify, or revoke the chief of police's decision. If Re appeal is taken er if i+ is iintim^hi filed GF if the ^ity iigaRag^r r)r hic rdeSirvn^^ rdr4^c; Ae:A hear the inn^�I 0 vVithinrthirby (39) days frt9mTTt_QGi ling the n^fiGe ef�peal, the Grhi ff ^cam-vf PviTGE?'S rd^^icssi ir9n Ssha.11 h^ final anrJ the P^rmit icy rd^ni^rJo �ir^ ^L^rd, GF 6616peR d^rJ When a permit revocation is upheld, the owner shall remove, within five{5-)working days, the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields. SECTION 2. Section 57-233 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-233. — PFemulgati9R ref Fegul. 4a4sAdministration. The police chief shall administer and enforce this article. The city may enter into a contract to delegate authority to administer all or part of this article to a third-party vendor, other than: 1) any law enforcement authority related to Sec. 57-221 ; or 2)the right to choose which towing companies will perform towing services for police- initiated tows. Selection of a vendor shall be done in accordance with the laws of the State of Texas. If the city enters into such a contract, the contract shall specify the authority and responsibilities of the third-party vendor or towing companies. Any responsibilities outlined in this article that are not delegated to the third-party vendor or the towing companies through the contract are retained by the police chief The chief of police is authorized to issue rules and regulations relating to the operation of auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in denial, suspension, or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in section 57- 231 will apply to alleged violations of any such provisions. SECTION 3. Section 57-243 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-243. - Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel, equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. Response time shall not exceed th�304 minutes for Category A Wreckers and 60 minutes for Category B wreckers after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company fails to respond or refuses an assignment, the police chief may revoke or suspend the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57- 231 . SECTION 4. Section 57-249 of the Corpus Christi City Code is hereby amended by adding language that is underlined ( ) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-249. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (1) Fees associated with police-initiated nonconsent rotation list or incident management tows will be paid to the city at the city vehicle impound lot. (2) All other fees will be paid to the auto wrecker company according to that company's policy. (3) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicle. (4) Maximum towing, storage and administrative fees. a. CategoryA auto wrecker(Vehicle Weight of 10,OOOlbs or less)- 1 . ess):1 . Normal rotation list nonconsent tow of tri inli a.A 91 tPaim IDP .moo Gno (1) i inif... $180.00 2. Private property impound...$145.99$155.00 3. Drop fee...$50.00 4. Four wheel drive tow truck utility fee...$75.00 (remote beach/off-road tows only) 5. Additional allowable labor charge for unusual circumstances such as yA.A+hi.Ag f^r removal from a ditch or water, or righting an overturned vehicle ^r fr4 OIrY111.AF 11A1 ioi i�l nirni imof. IAGeS (.SII i,RGI 16iVe) $39.99$50.00 6. Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance: (i) Rotation list tow...$255.99$305.00 (ii) Private property impound tow...$145.99$1,1 7. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour not caused by delay on the part of the permit holder, per thi�30) minutes...$25.99$50.00 8. Unusual distance charge: (i) Additional fee for a tow originating from US 77/IH 37 and from the area within city limits west of US 77/IH 37... (ii) Additional fee for a tow originating from the area within city limits east of the JFK Causeway Bridge to Port Aransas city limits...$25.99$50.00 (iii) Additional lae for a tow originating from the area within the city limits north of Burleson St. to Portland city limits...$50.00 (iv) Additional fee for a tow originating from outside city limits...$50.00 9. Cleanup only, no tow required...$60.00 (debris only, not including hazardous material clean ups) b. Category 8 auto wreckers.- 1 . reckers:1 . Normal rotation list nonconsent tow (includes double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow)... 475.99 (i) Medium Duty Tow - Vehicles weighing from 10,001 lbs. to 24,999 lbs...$475.00 (ii) Heavy Duty Tow - Vehicles weighing 25,000 lbs, or more...$400 per hour with a two-hour minimum. After the first two hours, an additional hourly charge will be applied every 114 hr. at a rate of $100 per 1/4 hr. 2. Additional fee allowed in subsection (4)b.1. above, for unusual circumstances not utilizing a rotator such as i„^',,deS rig-'init ..I �g fewremoval from ditch or water, or righting an overturned vehicle., HP, Gr fr4 c+imil-Ar i ini ES-W-AI nirni 1mstaRGoc pee he it $359.99$450.00 3. Private property impound (include double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup, winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances) ...$520.00 4. Additional costs for specialized equipment owned by the towing company or one of its other entities, such as: a crane, backhoe, forklift, or air bag recovery system, may charge actual cost (within industry standard); if the towing company is leasing or renting equipment, a maximum of twenty- five (25) per cent up charge may be added. 5. Rotators will be set at a rate of 850.00 per hour, with a two-hour minimum charge. Once the third hour begins, an additional hourly charge will be applied every 1/4 hr. at a rate of $212.50 per 1/4 hr. Should the rotator be utilized as a conventional Category B Heavy wrecker, the tow will be charged within the guidelines of section 57-249(4)(b)(1) & (2). c. Daily storage fees. The maximum amount authorized pursuant to Texas Administrative Code Sec. 85.722, with the exception of recovered stolen vehicles, which shall accrue at a rate of $5.00) Qfnrnnn for all or part of the first tWeRty fn„r /244 hours, and for each subsequent twenty-four-hour period or part thereof: --nese a ed-sfeaenYeh iGles...$5-98 7. Vohinlocnnt��e�t#� toAty„fide (25) feet...$29 n�n 2 �hcrrraTcaI9rrge F t h a R tW e R t�(25) feet... d. Impoundment fee: Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility be assessed in accordance with Texas Administrative Code Sec. 85.722. ..�4 e. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed...$50.00 f. Administrative fee: per vehicle recovered by owner from city vehicle impound lot (only payable to city)...$20.00 g. Third Party Tow Management Fee: Administrative cost per vehicle recovered by owner at vehicle storage facility...contract price per agreement approved by City Council. (54404#9 n A VAWAlo .�nrl fr']IIDr .pro hAth tAWAd by rano (1) a ite wFeGke n)nly err c�Pe�crerrre�--erre-pvcrrewP cv�vre�re GRe (I tG iinn�mhall be paid-tomthe e einer. If vehinl dtr�;;TTer �;;Pe �eo-rL�Fge er heavy f vied by a GiRgle WFe or aAA ar fc-vTte{�-rTeav�t r t$�v arc cr,-rn-ry eP vnirorkor may be i icor) ;nrl ;n foo nhaFged _h WrhAncn-rmA R9+hAn nno /1\ YehiGle is t p orl by nno /1\ .moi if F cF e.g., FnGtGFGYGIe yr n�S ofyeh� nnlY nno (1) niinn foo shall be pair) tG niva9Rrcr LQ(4} Invoices. a. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc., fees shall be attached to each tow invoice. b. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. c. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this article and shall be grounds for revocation of the permit. d. Owner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. e. The chief of police will review each invoice and either approve, reject or modify charges for services rendered. LLq4 An auto wrecker company and owner shall charge no fees for servicing a police initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further, the auto wrecker owner shall not obligate the vehicle owner in a nonconsent or incident management tow to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five business days, and the chief of police may suspend the auto wrecker company permit if it fails to comply. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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 go into effect October 1 , 2022. 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 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 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 Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting 09/13/22 1852 Second Reading Ordinance for the City Council Meeting 09/20/22 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveVCa)-cctexas.com 361-826-3445 Texas Beach Watch Grant CAPTION: Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. SUMMARY: The Corpus Christi — Nueces County Public Health District (CCNCPHD) is in receipt of Contract No. 21-043-001, work order No. D687 with the GLO to provide financial assistance for expenses to support collection in the amount of$127,000.00. The CCNCPHD in conjunction with the Texas Beach Watch (TBW) performs collections and analysis of water samples from designated sampling stations and reporting results to the public water quality advisories. BACKGROUND AND FINDINGS: The GLO has awarded a contract amendment to CCNCPHD to collect and analyze recreational beach water samples to provide water health safety for biological material. This contract is effective as of September 1, 2022, through August 31, 2025. Every year the GLO awards the Texas Beach Watch Program with financial support which provides for salary, benefits, and expenses. The TBW collects specimens throughout designated sampling stations in Aransas, Nueces, and San Patricio Counties and monitors waterways. The program monitors these recreational beaches and when Enterococcus bacteria levels in the water exceed the acceptable standards established by the U.S. Environmental Protection Agency (EPA), the GLO works with local governments to issue advisories warning the public not to swim in affected waters. Water samples are collected and tested throughout the year. During the peak beach season, which runs from May through September, water samples are collected weekly. During the rest of the year samples are collected every two weeks. The one exception occurs in March when weekly sampling is conducted at Gulf of Mexico beaches to coincide with spring break. The water quality information on the Texas Beach Watch site is updated each time sample results are entered into the database. Local governments post advisory signs provided by the GLO at beach access points where the water quality exceeds acceptable bacterial levels. Once collected base water samples are submitted and analyzed, a repeat sample may be required. Reimbursement for each base sample submitted is $55.00 and $70.00 for each repeat sample required. Texas Beach Watch is a program funded by the EPA and the GLO, which administers the program. ALTERNATIVES: To deny the Texas Beach Watch Grant; however, this would not be the preferred alternative as this service provides an essential real time report on recreational beach water samples for the community who utilizes these resources. FISCAL IMPACT: The grant contract with the GLO appropriates up to $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, amending the operating budget, and funding one grant position. All services conducted such as collection, testing and reporting are 100% compensated by the awarded contract. FUNDING DETAIL: Fund: 1066 Organization/Activity: 831830F Mission Element: 103 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance GLO Contract No. 21-043-001 Presentation COF Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of$127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies grant contract, Work Order No. D687(per GLO Contract No. 21-043-001 ) with the Texas General Land Office (GLO) in the amount of $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023. SECTION 2. Funds in the amount of $127,000.00 are appropriated from the grant to the Health Grants Fund No. 1066 to collect and analyze recreational beach water samples and funding one grant position. SECTION 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $127,000.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. 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 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 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 Guajardo City Secretary Mayor DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 M C W NATE Ov Sti INTERGOVERNMENTAL CONTRACT WORK ORDER DRIVEN GLO Contract No. 21-043-001 THE GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract") pursuant to the provisions of Chapter 771 or 791 of the Texas Government Code,as applicable.This contract is funded through the U.S.Environmental Protection Agency under the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act,PL 106-284). L DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321, 771, and 791 of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information physically attached to this Contract following the execution page or incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document,photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects)or Standard Form 424D(Rev. 7-97)(construction projects),and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment A and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. GLO Contract No.21-043-001 Page 1 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 "General Affirmations" means the statements in Attachment B, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "Intellectual Property" means patents, rights to apply for patents,trademarks,trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Performing Agency" (or Provider) means the State agency or local governmental entity performing the services described herein. "Project" means the services described in SECTION 1.03 of this Contract. "Provider Project Manager" means the individual designated by Provider as Provider's primary contact person with specific authority and responsibility to supervise and direct Provider's duties and responsibilities, on Provider's behalf, pursuant to this Contract, and who shall have decision-making authority with respect to the Project. "Public Information Act" means Chapter 552 of the Texas Government Code. "Quality Assurance Project Plan (QAPP)" means the EPA-approved document describing in comprehensive detail the technical activities to be implemented to ensure the results of work performed will satisfy the stated performance criteria. "Receiving Agency" (or the GLO) means the State agency or local governmental entity receiving the benefits of the services described herein. "Subcontractor" means an individual or business that contracts with Provider to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including but not limited to Deliverables, in the performance of the Project. "Work Order" means an individually negotiated document authorizing Work under this Contract, if any. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words"hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; C) The term "including" means "including, without limitation." GLO Contract No.21-043-001 Page 2 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; j) If this Contract,its Attachments, or any Work Order(s) conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A,Attachment B,Attachment C;then Work Orders,with conflicts between Work Orders being resolved by giving precedence to the Work Order with the earliest effective date. 1.03 PROJECT Provider shall, in accordance with the Beach Watch Contract Work Plan attached hereto as Attachment C and as directed in Work Order(s) issued under this Contract, perform, or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP, incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with this Contract and all Attachments and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. 1.04 WORK ORDERS a) Multiple Work Orders may be issued during the term of this Contract, all of which shall be in writing and signed by the parties. Each Work Order may include a scope of services; a list of tasks; a schedule for completion of work; a list of any Deliverables and their due dates; a budget; and other information or special conditions necessary to describe the Work. Each Work Order shall become an Attachment hereto upon final execution, with this Contract and all Attachments thereafter being referred to collectively as the "Contract." GLO Contract No.21-043-001 Page 3 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 b) Nothing in this Contract expresses or guarantees that the GLO will issue Work Orders to Provider for any of the tasks set forth in SECTION 1.03 above. All Work under this Contract will be required on an irregular and as-needed basis throughout the Contract term. The GLO makes no guarantee of volume or usage under this Contract. 1.05 REPORTING AND DOCUMENTATION REQUIREMENTS Provider shall submit reports and documentation in accordance with each Work Order and the QAPP. 11.TERM 2.01 DURATION This Contract shall be effective as of the earlier of September 1, 2020 or the date of last signature and shall terminate on August 31, 2025. The Parties may extend the term of this Contract by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate any relevant subcontracts, and incur no further expense related to this Contract. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 TERMINATION FOR CAUSE If Provider abandons work, defaults on the Contract, or breaches a material term of the Contract and fails to cure such abandonment, default, or breach within 30 days after receiving written notice of same from the GLO, the GLO may terminate the Contract without further notice. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 111.CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The GLO will compensate Provider,per Work Order, in accordance with the budget in each Work Order. 3.02 TRAVEL The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the scope of services in the Work Order. GLO Contract No.21-043-001 Page 4 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.02 INVOICES Invoices must: (a) be submitted to vendorinvoices@glo.texas.gov with a copy to lucy.flores@glo.texas.gov (b) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and (c) prominently display 21-043-001 and the related GLO Work Order number. The GLO will reimburse Provider in accordance with Texas Government Code Chapter 771 or 791, as applicable. Provider may invoice not more often than monthly. If Provider does not submit invoices in strict accordance with the instructions in this section,payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.REPRESENTATION OF AUTHORITY,AFFIRMATIONS,AND ASSURANCES 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1)it has authority to perform the services described herein and in any Work Order issued hereunder under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO warrants that: (1) it has the authority to contract for the services under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment B,and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment A, and that Provider is in compliance with all the requirements contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations,pertaining to this Contract. GLO Contract No.21-043-001 Page 5 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49,of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 FEDERAL FUNDING This Contract will be paid for with Federal funds and will be managed by the GLO in accordance with federal and state law. This contract is not a sub-recipient agreement but a subcontract. The Provider is providing a service within normal business operations; is not responsible for programmatic decision-making but is providing a service ancillary to the operation by the GLO of the Beach Watch program; and is not subject to compliance requirements of the Federal program beyond the scope of the service they are providing under this Contract. 5.03 MINORITY AND WOMEN'S BUSINESSES Provider, and any potential subcontractors, shall take affirmative steps to assure that minority and women's businesses are utilized when possible as sources of supplies, equipment, construction, and services, as detailed in the federal requirements relating to minority and women's business enterprises: Executive Order 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed. Reg. 42839; Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637. 5.04 RECAPTURE OF FUNDS The discretionary right of the GLO to terminate for convenience under SECTION 2.02 notwithstanding,the GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.05 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds which other than those Provider under this Contract. GLO Contract No.21-043-001 Page 6 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VI.OWNERSHIP,INTELLECTUAL PROPERTY AND THIRD-PARTY RELIANCE 6.01 OWNERSHIP The GLO and Provider shall jointly own, without limitation, all right, title, and interest in all reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed under this Contract with each party having an unlimited right to access and use, and authorize or license third parties to access and use, all such information and materials without the necessity of obtaining authorization from the other party and without expense, charge, or accounting to the other party. 6.02 INTELLECTUAL PROPERTY a) The GLO and Provider shall retain, both during and after the term of this Contract, exclusive ownership of all rights, title, and interest in and to, their respective pre- existing Intellectual Property as of the effective date of this Contract, and the parties agree and acknowledge that this Contract will not be interpreted or deemed as causing the parties to become joint owners of any such pre-existing Intellectual Property. b) The Parties to this Contract expressly agree that the GLO, the State of Texas, and the U.S. Government each has the right to use,reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and any other work associated with this Contract, and exercise any intellectual property rights, without obtaining authorization from the other party and without expense, charge, or accounting to the other party. C) The Provider may obtain intellectual property rights for any work that is subject to intellectual property rights and was developed, or for which ownership was purchased, under this Contract, only if the GLO, the State of Texas, and the U.S. Government are granted a worldwide, royalty free, non-exclusive, fully paid-up, and irrevocable license to reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and or any other work associated with this Contract, d) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance required to perfect the rights granted to the GLO and the State of Texas herein without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. e) The Contract in no way creates an obligation on behalf of the GLO, the State of Texas, or the U.S. Government to obtain or enforce any intellectual property right that may be created under this Contract. GLO Contract No.21-043-001 Page 7 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws, rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office,the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. C) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO,the GLO's contracted examiners,the State Auditor's Office,the Texas Attorney General's Office,the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. GLO Contract No.21-043-001 Page 8 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning Work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDS The GLO may post this Contract and the Solicitation Response on its website. Information related to his Contract and its performance may be subject to the Public Information Act and will be withheld or disclosed in accordance therewith. Provider shall make any information created or exchanged with the state pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state/the GLO. Provider shall make any information required under the Public Information Act available to the GLO in portable document file (".pdf') format or any other format agreed between the parties. By failing to mark as "confidential" or a"trade secret" any information Provider believes to be excepted from public disclosure,Provider waives all claims it may make against the GLO for releasing such information without prior notice to Provider. Provider shall notify the GLO's Office of General Counsel within twenty-four hours of Provider's receipt of any third party written requests for information, and forward a copy of said written requests to PIALegal2glo.texas.gov. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver,permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign,transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with GLO Contract No.21-043-001 Page 9 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent(15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed,and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract.Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave;or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract,Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Contract Management Division GLO Contract No.21-043-001 Page 10 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Provider Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Attention: Beach Watch Project Manager Notice given in any other manner shall be deemed effective only when received by the Parry to be notified. Either Parry may change its address for notice by written notice to the other Parry as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract,if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant.In any such event,the Party claiming Force Maj eure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days,the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND MODIFICATION This Contract,its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or GLO Contract No.21-043-001 Page 11 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. Provider acknowledges that this Contract is effective for the term specified in the Contract. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; third-party reliance; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; assignment and subcontracting; relationship of the parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. 8.14 CLEAN AIR ACT;FEDERAL WATER POLLUTION CONTROL ACT Provider must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). SIGNATURE PAGE FOLLOWS GLO Contract No.21-043-001 Page 12 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 SIGNATURE PAGE FOR GLO CONTRACT No.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT aDuSignedby: by: LDocusigned ee I4 4E14, avens, Chief Clerk/ a� 74z� .ette Rodriguez Deputy Land Commissioner Title: Health Director 8/31/2020 10/9/2020 Date of execution: Date of execution: OGC Ebb PM aAE DIV Eq Iu: DD SDD DGC :A� GC IG ATTACHMENTS TO THIS CONTRACT: ATTACHMENT Ell—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B—GENERAL AFFIRMATIONS ATTACHMENT C—BEACH WATCH CONTRACT WORK PLAN ATTACHMENTS FOLLOW Attachment A DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21 B-A1AD084A4F55 GLO Contract No.21-043-001 Page 1 of 5 ASSURANCES— NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Act of 1973, as amended (29 U.S.C.§794), which 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C. (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, §§6101-6107), which prohibits discrimination on the basis management and completion of the project described in of age; (e) the Drug Abuse Office and Treatment Act of this application. 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the 2. Will give the awarding agency, the Comptroller General Comprehensive Alcohol Abuse and Alcoholism of the United States and, if appropriate, the State, Prevention, Treatment and Rehabilitation Act of 1970 through any authorized representative, access to and (P.L. 91-616), as amended, relating to nondiscrimination the right to examine all records, books, papers, or on the basis of alcohol abuse or alcoholism; (g) §§523 documents related to the award; and will establish a and 527 of the Public Health Service Act of 1912 (42 proper accounting system in accordance with generally U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating accepted accounting standards or agency directives. to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 3. Will establish safeguards to prohibit employees from U.S.C. §§3601 et seq.), as amended, relating to using their positions for a purpose that constitutes or nondiscrimination in the sale, rental or financing of presents the appearance of personal or organizational housing; (i) any other non-discrimination provisions in the conflict of interest, or personal gain. specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of 4. Will initiate and complete the work within the applicable any other nondiscrimination statute(s) which may apply to time frame after receipt of approval of the awarding the application. agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal and federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of 6. Will comply with all Federal statutes relating to Federal participation in purchases. nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 8. Will comply, as applicable, with the provisions of the which prohibits discrimination on the basis of race, color Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which or national origin; (b) Title IX of the Education limit the political activities of employees whose principal employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on Federal funds. the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is $10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the governing this program. Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DcuSigned by: Health Director rAAA0,4,. �odri5vez A lt'AWM64AN IZATI ON DATE SUBMITTED Nueces County Public Health District 10/9/2020 SF-424B(Rev.7-97)Back DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 87* Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states,to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME Nueces County Public Health District 21-043-001 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Annette Rodriguez Health Director SIGNATURE DATE DocuSigned by: AAAC14e &4- Vez 10/9/2020 4FC9D92742CE414.v * 24 C.F.R. 87 App. A, available at bqs://www.i4po. og v/fdsys/eranule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- ap A.Published Apr. 1,2011.Accessed Aug. 1,2018. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 4 of 5 Disclosure of Lobbying Activities OMB Number: 013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Expiration Date:02/28/2022 See reverse for public burden disclosure 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a. bid/offer/application a.initial filing b.grant b.initial award b.material change c. cooperative agreement c.post-award d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual, last name,first name, MI): different from No. IOa) (last name,first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). II. The certifying official shall sign and date the form,print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No. 4040-0013.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(4040-0013),Washington,DC 20503. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 1 of 8 General Affirmations To the extent they apply, Provider affirms and agrees to the following, without exception: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider. 2. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Provider owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 8. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans. 072220M B DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Provider certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Provider's submission of its offer to provide consulting services to the GLO or, in the alternative, Provider, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Provider shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Provider's claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Provider may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Provider as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Provider must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Provider seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Provider in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Provider's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Provider: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or(2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Provider certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Provider certifies that neither Provider nor any person or entity represented by Provider has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Provider from providing free technical assistance. 18. Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Provider represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Provider further represents and warrants that if a former employee of the GLO was employed by Provider within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Provider that the employee worked on while employed by the GLO. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 5 of 8 FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PROVIDER'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PROVIDER, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PROVIDER PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PROVIDER'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PROVIDER OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PROVIDER'S PERFORMANCE UNDER THE CONTRACT. PROVIDER AND THE DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 6 of 8 GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PROVIDER WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PROVIDER OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PROVIDER WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24. Provider has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Provider understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Provider shall make any information created or exchanged with the State/GLO pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Provider and legally empowered to contractually bind Provider to the terms and conditions of the Contract and related documents. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 7 of 8 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Provider shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Provider certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Provider expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Provider represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: providing equivalent access for effective use by both visual and non-visual means; presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Provider certifies its compliance DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 8 of 8 with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 33. Pursuant to Section 572.069 of the Texas Government Code, Provider certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Provider within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Provider shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud Reporting hotline at(877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Provider agrees that the Contract can be terminated if Provider knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Provider, in its performance of the Contract, has access to a state computer system or database, Provider must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Provider must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Provider must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Provider certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 1 of 5 Beach Watch Contract Work Plan Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi- Nueces County Public Health District(Provider)to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P.O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Provider Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP)to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com or accessed directly at http://cgis.glo.texas.gov/Beachwatch/docs/QAPP2020-2021.pdf. II. SAMPLING STATIONS AND SCHEDULE All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, Provider shall collect samples for Aransas County, Nueces County, and San Patricio County over 38 sampling weeks a year. Sampling Depth. Provider must sample at a depth of approximately two feet (^2 ft.). The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet, in which case Provider may collect samples at the location of greatest swimmer activity;or • The two-foot sampling depth occurs more than 50 meters from shore, measured from the approximate water line at the time of sampling, in which case Provider may collect samples at 50 meters from shore or at the location of greatest swimmer activity. Sampling Schedule. Exhibit 1 lists the weeks when sampling must be conducted. Provider must collect samples on Mondays or Tuesdays. If Provider cannot collect samples on a Monday or Tuesday, Provider DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 2 of 5 may collect samples on a Wednesday. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period, upon prior written approval from the Beach Watch Coordinator. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) July 2006 (http://www.epa.gov/waterscience/methods/method/biological/1600.pdf) or the IDEXX EnterolertT"^ system. The entity performing laboratory testing shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract,the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles with a capacity between 125 and 1000 milliliters (ml) to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice packs to keep samples cool • Waterproof adhesive labels for sample bottles • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Sample Collection Training. Provider shall ensure trained individuals perform the collection of samples. Within 15 days after Contract execution, Provider must submit a brief description of the training of the individuals to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 3 of 5 Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required,or on the bottle label and on a field log sheet. 2. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 3. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 4. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 5. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 6. Remove the bottle from the water body. 7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 8. Tightly close the stopper and label the bottle. 9. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 4 of 5 than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the LAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, Provider must deliver the samples to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs may be added during the course of the sampling day. Sampling Documentation. Provider must complete a FOF for each station. Multiple stations may be included on a single FOF if all the data is the same. Provider must supply a copy of each completed FOF to the designated laboratory (if different than the Provider). The Provider shall retain all FOFs. Provider must submitted data from the FOFs electronically,once a month, in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(e.g., sargassum, dead fish, flood debris) • Debris on beach (e.g., sargassum, algae, flood debris,trash, tar balls) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 5 of 5 Public Advisory. If the Provider is a local government, the Provider must issue a public advisory and post advisory signs. If Provider fails to post advisory signs, in the GLO may immediately terminate the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTERY The Provider must submit sampling results through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm). Data must be entered into the website within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within two hours, the Provider shall notify the Beach Watch Coordinator by any means possible. VII. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work and budget requests that change the total project cost. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The Provider must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this Project. Docu�. ms;CURRb Certificate Of Completion Envelope Id: FF912AE8BCAF4C8EB21BA1AD084A4F55 Status: Completed Subject: RUSH$0 Work Order Based Contract:21-043-001 Corpus Christi-Nueces County Health District(TGLO) Source Envelope: Document Pages:40 Signatures:4 Envelope Originator: Certificate Pages:4 Initials: 7 Lance White AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Iance.white@glo.texas.gov IP Address:72.133.103.179 Record Tracking Status: Original Holder: Lance White Location: DocuSign 8/28/2020 12:36:50 PM Iance.white@glo.texas.gov Signer Events Signature Timestamp Ben Bellomy ED Sent:8/28/2020 12:52:02 PM ben.bellomy@glo.texas.gov Viewed:8/28/2020 1:58:30 PM Attorney Signed:8/28/2020 9:24:18 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 72.48.99.184 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �DS Sent:8/28/2020 9:24:22 PM Iucy.flores@glo.texas.gov Viewed:8/28/2020 11:22:34 PM Texas General Land Office Signed:8/31/2020 9:14:10 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address:66.68.62.68 Electronic Record and Signature Disclosure: Not Offered via DocuSign Angela Sunley ��°S Sent:8/31/2020 9:14:14 AM angela.sunley@glo.texas.gov Viewed:8/31/20202:28:57 PM Texas General Land Office Signed:8/31/2020 2:29:06 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.77.231.139 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Melissa Porter S Sent:8/31/2020 2:29:10 PM melissa.porter@glo.texas.gov Viewed:8/31/20202:55:59 PM Texas General Land Office Signed:8/31/2020 2:56:17 PM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.59.203.99 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp David Green DS Sent:8/31/2020 2:56:22 PM david.green@glo.texas.gov Viewed: 8/31/2020 3:22:31 PM Legal Services Signed:8/31/2020 3:22:57 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IP Address: 172.1.77.55 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc BarenblatSent:8/31/2020 3:23:01 PM HSI, marc.barenblat@glo.texas.gov Viewed: 8/31/2020 3:35:41 PM Deputy General Counsel Signed:8/31/2020 3:40:14 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 104.15.130.4 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff GordonSent:8/31/2020 3:40:18 PM E"s jeff.gordon@glo.texas.gov Viewed: 8/31/2020 3:41:27 PM General Counsel Signed:8/31/2020 3:41:36 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.197.18.215 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Docusignedby: Sent:8/31/2020 3:41:40 PM mark.havens@glo.texas.gov Viewed: 8/31/2020 8:16:44 PM Chief Clerk and Deputy Land Commissioner ozeeFas"E"g' Signed:8/31/2020 8:16:53 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 162.193.135.244 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez ED—S,gnedbySent:8/31/2020 8:16:57 PM annetter@cctexas.com ^^e'I�F� F-.(K �z Viewed: 9/8/2020 12:26:45 PM Health Director 'F°9o9Z,42CEa,a_ Signed: 10/9/2020 5:02:02 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:24.155.142.154 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMD Drafting Requests �� Sent:8/28/2020 12:52:02 PM draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:8/28/2020 12:52:02 PM kelly.mcbride@glo.texas.gov ED Director of Contract Management Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley Sent:8/28/2020 12:52:03 PM Mark.Lawley@glo.texas.gov ED Compliance Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chelsa CastillejaCOPIED E Sent:8/28/2020 12:52:03 PM Chelsa.Castilleja@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback � Sent:8/28/2020 9:24:22 PM jason.pinchback@glo.texas.gov ED Viewed: 8/29/2020 6:41:41 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrea Walmus � Sent:8/28/2020 9:24:22 PM Andrea.WaImus@glo.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janette Gibreal � Sent:8/31/2020 2:29:10 PM janette.gibreal@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gloria Maynard E Sent:8/31/2020 2:56:22 PM gloria.maynard@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw E Sent:8/31/2020 3:40:18 PM stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB �� Sent: 10/9/2020 5:02:10 PM HUB@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shirley de la Cruz Sent: 10/9/2020 5:02:15 PM Shirley.De LaCruz@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams Sent: 10/9/2020 5:02:19 PM Angie.Williams@glo.texas.gov ED Interim Director, Budget and Planning Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/9/2020 5:02:19 PM Certified Delivered Security Checked 10/9/2020 5:02:19 PM Signing Complete Security Checked 10/9/2020 5:02:19 PM Completed Security Checked 10/9/2020 5:02:19 PM Payment Events Status Timestamps DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 L A U . 5 r, w � q I WORK ORDER NO.D687 UNDER GLO CONTRACT NO.21-043-001 Pursuant to GLO CONTRACT No. 21-043-001 ("Contract") between the GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," Provider is authorized to perform the services described herein, subject to the terms of this Work Order No. D687 ("Work Order"). This Work Order amends the Contract, all provisions of which not amended herein remain in force and effect. 1. PROJECT DESCRIPTION Provider shall perform or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas County, Nueces County, and San Patricio County, Texas, in accordance with the Quality Assurance Project Plan (QAPP), incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with the Contract, this Work Order and all Attachments, including the Work Order Work Plan, attached hereto as Attachment A, and the QAPP. If the Contract, this Work Order, or Attachments to this Work Order conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A, Attachment B, Attachment C; then the Work Order, the QAPP, and Attachment A to the Work Order. 2. TASKS AND DELIVERABLES Provider must perform all tasks and submit all deliverables in accordance with the due dates and schedule in Attachment A. If Attachment A does not list a due date or schedule for a given task or deliverable, Provider must perform that task or submit that deliverable on or before the date specified by the GLO's Project Manager. 3. COMPENSATION The total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $127,000.00.Provider will be reimbursed $55.00 for each base sample submitted and $70.00 for each repeat sample required, if any, which includes pre- approved travel, pre-approved supplies, and all other pre-approved expenses related to the performance of the Project. 4. SUBMISSION OF INVOICES Provider must submit invoices to the GLO in accordance with the Contract, this Work Order and Attachment A. Failure to submit invoices as instructed may significantly delay payment under the Work Order. 5. PERFORMANCE PERIOD This Work Order is effective on September 1, 2022 and shall terminate upon the earlier of the completion of the Project, in the GLO's sole determination, or August 31, 2023 ("Performance Period"). Work Order No.D687 Under GLO Contract No.21-043-001 Page I of 2 DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 6. TERMINATION OR INTERRUPTION OF WORK The GLO reserves the right to, at any time during the Performance Period, terminate, halt, or defer all or any portion of the work included in the Scope of Services of this Work Order. If such an event occurs: (1) Provider must follow all directions included in the GLO's notice; and (2) the Parties agree that the Work Order may require revision by written Amendment. 7. AMENDMENTS TO WORK ORDER Material changes to this Work Order may be made only by written agreement of the Parties. Notwithstanding the preceding, the GLO Project Manager may approve extensions to Deliverable Due Dates within the confines of the Performance Period. Such approvals must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission; and shall become part of the GLO's Project file. SIGNATURE PAGE FOLLOWS Work Order No.D687 Under GLO Contract No.21-043-001 Page 2 of 2 DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 SIGNATURE PAGE FOR WORK ORDER NO.D687 UNDER GLO CONTRACT NO.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT DocuSigned by: DocuSigned by: By: S{t vet, clic Va zs -4374E 7... 7§tW99VT8ra ME&A. ilavens, Chief Clerk/ Name: Deputy Land Commissioner Title: Assistant City Manager/Interim Health Director Date of execution: 8/24/2022 Date of execution:8/24/2022 DS OGC �� Ds PM DS DIR Ds DD ^Ds,,,/ SDD 'N'/"' DGC 1s 1:k15 ER GC ATTACHMENT TO THIS WORK ORDER: ATTACHMENT A—WORK ORDER WORK PLAN INCORPORATED BY REFERENCE: QUALITY ASSURANCE PROJECT PLAN ATTACHMENT FOLLOWS Two Reading Ordinance Ordinance authorizing execution of Texas Beach Watch (TBW) grant contract with General Land Office (GLO) to perform collection and analysis of water samples from designated sampling stations and notification of the public water quality advisories to the public. For the contract period September 1 , 2022, through August 31, 2023("Fiscal Year 2023" or "FY2023"). City Council September 13, 2022 Background and Staff Recommendation • General Land Office (GLO) Texas Beach Watch (TBW) Grant o To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPR Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. o Contract shall be effective as of the earlier of September 1, 2020 and shall terminate on August 31, 2025 o Work Order is effective on September 1,2022 and shall terminate or August 31, 2023 City Council September 13, 2022 Background and Staff Recommendation o Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $127,000.00. o Provider will be reimbursed $55.00 for each base sample submitted o Provider will be reimbursed $70.00 for each repeat sample required. o Fiscal impact- No fiscal impact for FY2023. o All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council September 13, 2022 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2(a-)cctexas.com (361) 826-3169 Purchase of Lucas Chest Compression System and Lifepak Automated External Defibrillators for the Fire Department CAPTION: Resolution authorizing the purchase of 15 chest compression units and 25 defibrillator units for the Fire Department in the amount of $272,536.25 and execution of a five-year maintenance agreement for $130,067.00 with Stryker Sales, LLC, of Kalamazoo, Michigan, with FY 2022 funding of $272,536.25 for the equipment purchase and $26,013.40 for the initial year of the maintenance agreement from the General Fund. SUMMARY: This resolution will authorize the purchase of 15 additional LUCAS chest compression system units, 22 replacement Lifepak automated external defibrillators, and three additional Lifepak automated external defibrillators (AED) to be used by the Fire Department during emergency medical service (EMS) calls. BACKGROUND AND FINDINGS: Currently, the Fire Department only has two LUCAS devices, and they are located on Medics 3 (Morgan Ave.) and 14 (S. Staples), both of which are frontline medic units. With the purchase of 15 additional LUCAS devices, the Fire Department will be able to place a LUCAS device on all 14 frontline medic units and keep three in reserve to be used for training purposes and on standby in the instance that a device needs repair or service. All 22 frontline Fire apparatus carry an AED. However, they are considered outdated and in much need of replacement. If this purchase is approved, the Fire Department will replace all 22 AEDs on the fire apparatuses and leave three devices in reserve for training and on standby in the instance that a device is being serviced or is unavailable. The City of Corpus Christi received the Texas Ambulance Supplemental Payment Program (TASPP) funds in the beginning of Fiscal Year 2022. The Fire Department was allocated $272,536.25 specifically for the purchase of the AED and LUCAS devices so that all medic units and fire apparatuses would be adequately suited with the most up to date lifesaving equipment. The Lund University Cardiopulmonary Assist System or LUCAS devices are used to administer mechanical chest compressions to patients in cardiac arrest and is used as an alternative to manual CPR. These LUCAS devices provide consistent, hands-free, uninterrupted chest compressions to patients while they are being transported to a hospital. Additionally, these devices allow medics to address patients' other needs through interventions such as drug administration and maintaining an adequate airway. The Lifepak AEDs are machines used to treat life-threatening cardiac irregularities. The AED administers a dose of electric current to the heart to help regulate a patient's heart rate. The technology in the AED helps analyze a patient's heart rhythm making it easier to determine whether the heart rhythm is shockable. AEDs are considered Basic Life Support items and are frequently used by first responders. PROCUREMENT DETAIL: This procurement is a direct purchase from Stryker Sales, LLC., of Kalamazoo, Michigan, under the 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. The LUCAS chest compression system is 11.77%, or $24,285, lower than previous purchase agreement in 2021 .The City also negotiated trade-in discounts for 25 older models currently in use toward the purchase of the new Lifepak AED devices resulting in $10,000 savings. ALTERNATIVES: The alternative is to continue responding to EMS calls with the current equipment and covering the increasing costs of repairs and replacement while seeking alternative funding sources for eventual replacement and additions of these devices. FISCAL IMPACT: The fiscal impact for CCFD in FY 2022 is $298,549.65 which will be funded from the General Fund. The remaining cost will be budgeted during 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: 520090 Minor Tools & Equipment Amount: $298,549.65 RECOMMENDATION: Staff recommends approval of the resolution authorizing purchase of 15 LUCAS chest compression system units and 25 Lifepak defibrillators for the Fire Department from Stryker Sales, LLC., of Kalamazoo, Michigan, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Resolution authorizing the purchase of 15 chest compression units and 25 defibrillator units for the Fire Department in the amount of $272,536.25 and execution of a five-year maintenance agreement for $130,067.00 with Stryker Sales, LLC, of Kalamazoo, Michigan, with FY 2022 funding of $272,536.25 for the equipment purchase and $26,013.40 for the initial year of the maintenance agreement from the General Fund. WHEREAS, the Fire Department needs prompt and reliable life-saving equipment in order to provide emergency service to citizens; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, there is a statutory exemption 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. 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 his designee, is authorized to purchase 15 chest compression units and 25 defibrillator units for the Fire Department for $272,536.25 and execution of a five-year maintenance agreement for$130,067.00 with Stryker Sales, LLC, of Kalamazoo, Michigan, with FY 2022 funding of$272,536.25 for the equipment purchase and $26,013.40 for the initial year of the maintenance agreement from the General Fund. PASSED AND APPROVED on the day of , 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Page 1 of 2 Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance - Procurement JoshC2(a-)-cctexas.com (361) 826-3169 Purchase of Lifepak Monitor Technology System Units for the Fire Department CAPTION: Resolution authorizing a five-year agreement for the purchase of 15 replacement Lifepak cardiac monitors and two new Lifepak cardiac monitors, software licenses, and preventative maintenance services with Stryker Sales, LLC., of Kalamazoo, Michigan, for the Corpus Christi Fire Department in an amount not to exceed $1 ,344,900.00, with FY 2022 funding from the General Fund. SUMMARY: This resolution authorizes an agreement for the purchase of 15 replacement Lifepak cardiac monitors and two new Lifepak cardiac monitors, software licenses, and preventative maintenance services from Stryker Sales, LLC., to be used for the Fire Department (CCFD) during Emergency Medical Service (EMS) calls. BACKGROUND AND FINDINGS: The Fire Department currently has 15 cardiac monitors, of which 14 are located on front line medic units and one is utilized for training purposes. All the cardiac monitors are beyond their 10-year life expectancy. Additionally, the software included on the current cardiac monitors is considered outdated. With this purchase, CCFD will replace the cardiac monitors on all 14 frontline medic units with three additional monitors to keep in reserve for training purposes or to be used if a monitor is out of service for maintenance or repair. The City of Corpus Christi received Texas Ambulance Supplemental Payment Program (TASPP) funds in the beginning of Fiscal Year 2022. CCFD was allocated $1 ,344,900 specifically for the purchase of the Lifepak cardiac monitors so that all medic units will be adequately suited with the most up to date lifesaving equipment. Cardiac monitors are used to monitor a patient's heart activity and assess their condition relative to their cardiac rhythm continuously or intermittently. Most EMS departments utilize cardiac monitors that include defibrillators which have the capabilities to both serve as a monitor as well as a defibrillator. Up-to-date software improves recording clarity and reduces artifact which can obscure the findings assessed during heart monitoring. Medics can share important patient information via clearly readable electrocardiogram strips and recordings with nearby hospitals so that doctors and nurses are able to provide adequate care. The new monitors also work with the web-based LIFENET System 5.0 which allows medics to share critical patient data with multiple patient care teams and includes CODE-STAT software which allows EMS personnel to review CPR statistics and provide training and feedback where it is most needed. PROCUREMENT DETAIL: This procurement is a direct purchase with Stryker Sales, LLC., of Kalamazoo, Michigan, under the 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. Lifepak monitor technology system units are manufactured and available for purchase from Stryker Sales, LLC. As part of the proposed agreement, after thirty-six months, the City will be eligible to upgrade the cardiac monitors if Stryker Sales, LLC., releases for sale a new product that replaces the cardiac monitors originally purchased by the City pursuant with the proposed agreement. If exercised, the applicable software also would be upgraded. At the sixtieth month of the agreement, if Stryker Sales, LLC., has not released a new product eligible for upgrade under the proposed agreement, the City shall have the option to exchange the original cardiac monitors it purchased for a new "Like-Kind Exchange Option" of the same make and model. Compared to their cooperative listed pricing, the City is receiving an additional 12%, or$155,724, savings on this negotiated purchase and service agreement. ALTERNATIVES: The alternative is to continue responding to EMS calls with the current equipment and cover the increasing costs of repairs and maintenance. Additionally, medics will be required to continue to use the current outdated models. FISCAL IMPACT: The fiscal impact for CCFD in FY 2022 is $1 ,344,900 which will be funded through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 093 Emergency Calls Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $1,344,900.00 RECOMMENDATION: Staff recommends approval of the resolution authorizing the purchase of 17 Lifepak monitor technology system units for the Fire Department with Stryker Sales, LLC., of Kalamazoo, Michigan, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Resolution authorizing a five-year agreement for the purchase of 15 replacement Lifepak cardiac monitors and two new Lifepak cardiac monitors, software licenses, and preventative maintenance services with Stryker Sales, LLC., of Kalamazoo, Michigan, for the Corpus Christi Fire Department in an amount not to exceed $1,344,900.00, with FY 2022 funding from the General Fund. WHEREAS, the Fire Department needs prompt and reliable life-saving equipment to deliver emergency services; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, there is a statutory exemption 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. 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 his designee, is authorized to execute all documents necessary to secure a five-year purchase agreement for access to 17 cardiac monitors, software licenses, and preventative maintenance services for the Fire Department with Stryker Sales, LLC, of Kalamazoo, Michigan, in an amount not to exceed $1 ,344,900.00, with FY 2022 funding from the General Fund. PASSED AND APPROVED on the day of , 2022 Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith Page 1 of 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase&Service of Lifepak monitor technology for CCFD Senior Buyer: Marco Lozano Howmedica Osteonics Corp dba Stryker Sales, LLC ITEM DESCRIPTION QTY. UNIT Redmond,Washington LP15 EQUIPMENT 1 LP15,EN,SPO2COMET,3L/12L,EX,N1 17 EA. 2 RC-4, EMS, RAINBOW, PATIENT 17 EA. 3 NIBP CUFF-REUSEABLE,INFANT, BA 17 EA. 4 NIBP CUFF-REUSEABLE,CHILD, BAY 17 EA. 5 NIBP CUFF-REUSEABLE,ADULT, BAY 17 EA. 6 NIBP CUFF-REUSEABLE,LARGE ADUL 17 EA. 7 NIBP CUFF-REUSEABLE,X-LARGE A 17 EA. 8 KIT-CARRY BAG, MAIN BAG 17 EA. 9 TOP POUCH 17 EA. 10 KIT-CARRY BAG, REAR POUCH, 3 17 EA. 11 LI-ION CHARGER, STATION, STD P 17 EA. 12 RAINBOW DCI ADT REUSABLESENSOR 17 EA. 13 NIBP-TUBING, 6FT, BAYONET 17 EA. 14 TEMP SENSOR,SKIN PROBE,HIGH DI 17 EA. 15 TEMP SENSOR,ESOPHAGEAL-RECTAL 17 EA. 16 LP 15 Lithium-ion Battery 5.7 amp hrs 68 EA. SUBTOTAL LP15 Equipment $152975700.00 Trade In Credit: 17 EA. -$136,000.00 TOTAL LP15 EQUIPMENT1 $1,1615700.00 ProCare Service/Data 1 ASSEMBLY, GATEWAY,4G, MULTITE 17 EA. 2 CODE-STAT 11 DATA REVIEW SEAT LICENSE 1 EA. 3 CODE-STAT Maint Subscrip 3 Yrs 1 EA. 4 Lifenet Asset(Per Device) 17 EA. "On Site Prevent for LIFEPAK 15 V4 Monitor/Defib- 5 17 EA. SPCO, NIBP, 12-Lead ECG, EtCO2, BT." TOTAL ProCare Service/Data $1835200.00 tPy Stryker Sales,LLC,through its Medical Division P.O.Box 93308 Chicago,IL 60673-3308 Date:8.3.2022 Corpus Christi Fire Department, Thank you for choosing Stryker for your equipment needs.Enclosed please find the documents necessary to enter into the arrangement.Once all of the documents are completed,properly executed and returned to us,we will issue an order for the equipment. PLEASE COMPLETE ALL ENCLOSED DOCUMENTS TO EXPEDITE THE SHIPMENT OF YOUR ORDER. Product Purchase and Technology Refresh Agreement Schedule A—Products and Pricing State and Local Government Rider Opinion of Counsel "Conditions of Approval: State and Local Government Rider,Federal ID,Opinion of Counsel PLEASE PROVIDE THE FOLLOWING WITH THE COMPLETED DOCUMENTS: Federal tax ID number: AP address: Purchase order number: Contact name: Phone number: Email address: Please e-mail completed documents to Tim Garza at Tim.Garza(&strvker.com . Return original documents to Stryker Emergency Care,Attention Contracts Manager, 11811 Willows Rd.NE,Redmond,WA 98052 (using Fed-Ex Shipping ID# 612-309469) Sincerely, Stryker Sales,LLC Pursuant to the terms of this PRODUCT PURCHASE AND TECHNOLOGY REFRESH AGREEMENT(this"Agreement"), Stryker Sales,LLC, through its Medical Division("Stryker") agrees to sell to the customer(s) listed below(the "Customer") all products and other items listed on Schedule A attached hereto and made part hereof(the"Original Products"). Stryker and Customer are referred to individually as a"Party"and collectively as the"Parties." The term of this Agreement shall commence the latter of 8.3.2022(the"Effective Date")or within five Date of Agreement and Term: (5)business days after Stryker's receipt of a signed original Agreement, and shall terminate five(5)years thereafter Signatures: By executing this Agreement,each signatory represents and warrants that such signatory has read the Terms and Conditions, which are set forth below and are part of this Agreement,and that such person is duly authorized to execute this Agreement. STRYKER SALES,LLC: CUSTOMER: By: By: Print Name: Print Name: Title: Title: Address: Address: TERMS AND CONDITIONS NOW,THEREFORE,the Parties hereby agree as follows: Original Products and New Products as "Products") as the 1. Product Pricing. The purpose of this Agreement is to Original Products. If, Customer elects to exercise the Like-Kind Exchange Option,Customer shall notify Stryker of such election, allow Customer access to Products at discounted pricing, based in writing and include in such notice a description, including on Customer's agreement to purchase the Products and Services serial numbers, of the Original Products. Immediately upon listed in Schedule A. Original Products provided to or for the Customer's receipt of the Like-Kind Products, Customer shall benefit of Customer under this Agreement will be provided on the return the Original Products to Stryker at Customer's expense and terms set forth at www.strykeremergencycare.com/terms. The in the condition and otherwise provided for as required under this pricing of the Products is set forth on Schedule A attached hereto. Schedule.If Customer exercises the Like-Kind Exchange Option, 2. Upgrade Option.Provided no default or event of default Customer shall no longer have the Upgrade Option. has occurred and is continuing under this Agreement,at any time between the thirty-sixth(36th)through the sixtieth(60th)month 4. Risk of Loss. Effective upon delivery to Customer and of the Term, Customer shall have the option to upgrade (the continuing until the Original Products are returned to Stryker in "Upgrade Option")any or all of the Original Products purchased accordance with the terms set forth herein, Customer shall bear pursuant to this Agreement in the event Stryker releases for sale all risks of loss or damage to the Original Products and if any loss in the United States a new product model ("New Product")that occurs Customer is nevertheless required to satisfy all of its replaces some or all of the Original Products purchased pursuant obligations set forth herein. to this Agreement.This option can be exercised by Customer one time during the Term for each Original Product listed on Exhibit 5. Payments. The entire payment for goods and services A. The New Product must have substantially the same provided herein is due thirty(30)days from the invoice date. functionality and specification and be of equal or greater value as 6. Products. All Original Products shall be used solely for the related item of the Original Products, all as reasonably business purposes, and not for personal or household use. determined by Stryker. If, Customer elects to exercise the Customer shall maintain the Original Products in good repair in Upgrade Option, Customer shall notify Stryker of such election, accordance with the instructions of the Original Product's in writing, and include in such notice a description, including manufacturer,so that it shall be able to operate in accordance with serial numbers, of the Original Products. Immediately upon the manufacturer's specifications. Customer shall keep the Customer's receipt of the New Product,Customer shall return the Original Products free of liens, claims and encumbrances, and Original Products to Stryker at Customer's expense and in the shall not modify,move,sell,transfer,or otherwise encumber any condition and otherwise provided for as required under this Original Product or permit any Original Product to be used by Agreement. If Customer exercises the Upgrade Option,Customer shall no longer have the Like-Kind Exchange Option. others or become attached to any realty,in each case without the 3. Like-Kind Exchange Option. If at the sixtieth (60th) prior written consent of Stryker, which consent shall not be month of the Term Stryker has not released New Product, unreasonably withheld. Any modification or addition to any Customer shall have the option to exchange (the "Like-Kind Original Product shall automatically become the sole property of Exchange Option'')the Original Products for products of the same Stryker. Stryker shall have the right to enter Customer's premises make and model(the"Like-Kind Products,"and collectively with during business hours to inspect any Original Product and observe its use upon at least one (1) day's prior written or verbal notice. 8. Confidentiality. The parties acknowledge that the Customer shall comply with all applicable laws, rules and Customer is a Texas governmental entity subject to the Texas regulations concerning the operation, ownership, use and/or Public Information Act(the "Act"). Should Customer receive a possession of the Original Products. request for disclosure of Confidential Information pursuant to the 7. Insurance/Indemnification. Customer shall at all times Act, Customer will promptly provide Stryker notice of such maintain and provide Stryker with certificates of insurance request in accordance with Section 552.305 of the Texas evidencing (i) third-party general liability insurance (covering Government Code so that Stryker may avail itself of any death and personal injury and damage to third party property) opportunities to establish reasons why the information should be with a minimum limit of$1 million combined single limit per withheld prior to disclosing such Confidential Information. The occurrence and (ii) property insurance covering the Original burden of establishing the applicability of exceptions to Products against fire,theft,and other loss,damage or casualty for disclosure of Confidential Information under the Act resides with the full replacement value of the Original Products in each case Stryker. Should Stryker be unable to establish a valid exception with insurers acceptable to Stryker.Such policies shall list Stryker from disclosure or exclusion from the Act or protective order, as an additional insured and sole loss payee, as applicable, for then Customer may release the information, solely to the extent such insurance. Such insurance policies shall require the insurer necessary to comply with the Act. to provide Stryker with at least 30 days' prior written notice of 9. Default and remedies. Customer will be in"default" of any material change in or cancellation of the insurance. In the this Agreement if any one or more of the following shall occur: event that Stryker determines that the insurance is not in effect, (a) Customer breaches any term of this Agreement or the terms Stryker may (but shall not be required to)obtain such insurance set forth at www.strykeremergencycare.com/terms or and charge Customer an insurance fee (which may include a https://www.strykeremergencycare.com/software-hosting/,or(b) profit). Upon any loss or damage to any Original Product, Customer makes any misrepresentation to Stryker, or (c) Customer shall, at Stryker's sole election, either repair such Customer shall consent to the appointment of a receiver,trustee Original Product or replace it with comparable equipment or liquidator of itself or a substantial part of its assets,or(d)there satisfactory to Stryker. Proceeds of insurance shall be paid to shall be filed by or against Customer a petition in bankruptcy,or Stryker with respect to any Original Product loss, damage,theft (e) Customer's articles of incorporation or other formation or other casualty and shall, at the election of Stryker,be applied documents shall be amended to change Customer's name and either to the repair of the Original Product by payment by Stryker Customer fails to give Stryker written notice of such change directly to the party completing the repairs, or to the (including a copy of any such amendment)on or before the date reimbursement of Customer for the cost of such repairs;provided, such amendment becomes effective, or (f) Customer's legal however, that Stryker shall have no obligation to make such existence in its state of incorporation or formation shall have payment or any part thereof until receipt of such evidence as lapsed or terminated,or(g)Customer shall dissolve,sell,transfer Stryker shall deem satisfactory that such repairs have been or otherwise dispose of all or substantially all of its assets,without completed and further provided that Stryker may apply such Stryker's prior written consent, which consent shall not be proceeds to any sum due or to become due hereunder if at the time unreasonably withheld, or (h) without prior written consent of such proceeds are received by Stryker there shall have occurred Stryker, which consent shall not be unreasonably withheld, any Event of Default or any event which with lapse of time or Customer merges or consolidates with any other entity and notice,or both,would become an Event of Default.To the extent Customer is not the survivor of such merger or consolidation. not expressly prohibited by applicable law, Customer will Upon default, Stryker may do any one or more of the following: reimburse and defend Stryker for and against any losses,injuries, (1)recover from Customer Stryker's related reasonable attorneys' damages, liabilities, expenses, claims or legal proceedings fees, collection costs and expenses; (2) enter upon Customer's asserted against or incurred by Stryker relating to the Original premises and take possession of any or all of the Original Products and which relate to or arise out of Customer's act or Products; (3) terminate this Agreement; and/or (4) utilize any omission or the act or omission of Customer's agents or other right or remedy provided by applicable law.In the event the employees or others (excluding Stryker) with access to the Original Products are returned or repossessed by Stryker,Stryker Original Products. All Taxes and indemnity obligations shall will,if commercially reasonable, sell or otherwise dispose of the survive the termination, cancellation or expiration of this Original Products, with notice as required by law, and apply the Agreement.Stryker acknowledges that Customer is a self-insured net proceeds after deducting the costs and expenses of such sale political subdivision of the State of Texas and that Customer has or other disposition,to Customer's obligations hereunder(if any provided to Stryker a letter detailing the types and limits of the are outstanding) with Customer remaining liable for any Customer's coverages, which letter's content is acceptable to deficiency and with any excess being retained by Stryker or Stryker in lieu of the insurance provisions, as stated in this applied as required by law.If Customer fails to perform or comply paragraph,for the term of this Agreement. with any of its agreements or obligations,Stryker may perform or comply with such agreements or obligations in its own name or in Customer's name as attorney-in-fact and the amount of any payments and expenses of Stryker incurred in connection with default of this Agreement shall not constitute a waiver of any such performance or compliance, together with interest thereon subsequent breach or default. (at a rate per annum equal to the lower of 1-1/2%per month or 16. Execution and Counterparts. This Agreement may be the highest rate of interest permitted by applicable law), shall be executed and delivered in multiple counterparts,including Adobe payable by Customer to Stryker upon demand. Acrobat or".pdf'format,each of which shall be deemed to be an 10. Termination. This Agreement may be terminated by original,and all such counterparts shall constitute one instrument. either Party upon 60 days' prior written notice to the other Party. 17. Notices.All notices required or provided for herein,shall Upon termination of this Agreement Customer shall pay Stryker be in writing and shall be addressed to Customer or Stryker, as for any and all Products shipped but not yet paid for as of the date the case may be, at its address set forth above or such other of termination, at the applicable prices. All accrued rights and address as either such party may later designate in writing to the responsibilities will survive termination or expiration of this other party. Such notice shall be considered delivered and Agreement. Early termination will forfeit the Upgrade Option effective: (a) upon receipt, if delivered by hand or overnight and Like-Kind Exchange Option set forth above. courier, or (b) three (3) days after deposit with the U.S. Postal it. Fes. The continuation of this Agreement after the Service, if sent certified mail, return receipt requested with close of any fiscal year of the Customer, which fiscal year ends postage prepaid. No other means of delivery of notices shall be on September 30th annually, is subject to budget approval and permitted. appropriations specifically covering this Agreement as an 18. Miscellaneous.This Agreement shall be governed by the expenditure in said budget,and it is within the sole discretion of laws of Texas,without regard to its principles of conflict of laws the Customer's City Council to determine whether or not to fund or choice of law.THE PARTIES WAIVE THE RIGHT TO A this Agreement. The Customer does not represent that a budget JURY TRIAL IN ANY ACTION OR PROCEEDING item providing for this Agreement will be adopted, as that RELATING TO THIS AGREEMENT OR THE ORIGINAL determination is within the City Council's sole discretion when PRODUCTS. Information about Customer may be used for adopting the budget. marketing and administrative purposes and shared with Stryker's 12. Amendment/Entire Agreement. This Agreement affiliates. Customer may direct Stryker not to share that together with the terms set forth at information(except transaction and experience information and www.strykeremergencycare.com/terms and at information needed for credit approval)with Stryker's affiliates https://www.strykeremergencycare.com/software-hosting/ by writing to Stryker's address referenced above.This Agreement constitute the entire agreement of the Parties regarding their will not be valid until accepted by Stryker (as evidenced by subject matter. This Agreement may only be amended by a Stryker's signature below). Customer represents and warrants to written document signed by both Parties. This Agreement Stryker, that effective on the date on which Customer executes supersedes all previous negotiations,commitments,and writings this Agreement: (i) if Customer is a partnership, corporation, with respect to their subject matter. In the event of a conflict limited liability company or other legal entity,the execution and between this Agreement and terms set forth at delivery of this Agreement and the performance of Customer's www.strykeremergencycare.com/terms or the terms set forth at obligations hereunder have been duly authorized by all necessary hllps://www.sLykeremergencycare.com/software-hosting/, this action on the part of the Customer; (ii) the person signing this Agreement will control. Agreement on behalf of Customer is duly authorized; (iii) all 13. Assignment. This Agreement and the rights,duties and information provided by Customer to Owner in connection with responsibilities of the parties shall not be assigned to a third party this Agreement is true and correct; and (iv) this Agreement without the prior express written consent of the other,except that constitutes legal, valid and binding obligations of Customer, Stryker may assign this Agreement without such consent to any enforceable against Customer in accordance with their terms.Any person,firm or corporation succeeding to its business and also to provision of this Agreement, which is unenforceable in any any parent,subsidiary or affiliated company of Stryker. jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the 14. Limitation of Liability. Neither party shall be liable to remaining provisions of the Agreement, and any such the other party for special,punitive, incidental, consequential or unenforceability in any jurisdiction shall not render indirect damages in connection with this Agreement or unenforceable such provision in any other jurisdiction.Paragraph performance hereunder. headings are for convenience only and shall not be deemed to 15. Non-waiver. The failure by one party to act or to require affect the meaning or construction of any of the provisions hereof. performance of any provision of this Agreement shall not affect Customer has not received any tax or accounting advice from that party's right to take such action or to require such Stryker. performance at any time thereafter. A waiver of any breach or SCIEM'LE A Equipmcnt I P1 5 Egair"ntw 1 :CTS E N�:O'.C C ki E�3- 1 Z.�i-.14 Model Mort"r f C LaF r"rft D a,%C Pt 0 F% M'Y' 301373 1 aI�7" 900240 SHIP MY 11?I-juva -4,CC.):, ?.;f'4 V"i FLI C N t I I 'Hiln F--'.4' 11 :Ilso X001- i VOiFt IELCS,+eLE T. SAN 11 OPCUr-f-;C':L:-CLC 1:C A DU 1, lillu-nv�-]I cup V K-U5It4 I' 17 AWJ. A x b-i P-11.1 1' 1'. fl-Wal!I -PIC Pl)% i'F 1T 175h_,7LC3!S31a t'. C R :FAA :)I U CY,3 j-7 Ll P4 H;--,CCF) '.7--1 D*-.--rD P 17 1i RAI N L -0 M t U:P-6 t-L t t F, 17 T9 P,1: F N"` 1 `IF F,I- '1330 X117i a .5 Utj>Uln L-T, B,tt4'-, 2-nrl Mf: .3 -01 trawls oUl Rpipm e rt PtOC,31e K—ervke/Da'd LAO&I Numb&( S*tvica DG%rfirtrmm MY- I 199b-OOM 74 4SStWtJ1' a+ t 4'J,MUM 1: 11 116004M 1Q39 F',tj F. TLT I I ')I-L I P. F A V-T I C'a H f-r 1809017�1. ______-}CO OE-SS-TAT K,zir t:j t r 7WO0171 ttLiirret Asset;f e'3 t.ict 17 1 Qtr lite Ptvt!llt tJ1 L tMPAK 13'W4 MOMM/Dtflb- 17 7F CC,WRP 12 Le34 ICG, EtCOZ.OT aJ D to;di 2,0 4 Ke I DA i C44--I&,It I as.L" Tout Semce[Ona Cavefajo- sawao Tatal Anwuntm X1,344,900 Pricing will not be disclosed without the express written consent of Stryker. State and Local Government Customer Rider This State and Local Government Customer Rider (the "Rider") is an addition to and hereby made a part of the AGREEMENT between Stryker Sales, LLC ("Stryker") and Corpus Christi Fire Department ("Customer") to be executed simultaneously herewith and to which this Rider is attached. Capitalized terms used but not defined in this Rider shall have the respective meanings provided in the Agreement. Stryker and Customer agree as follows: 1. Customer represents and warrants to Stryker that as of the date of, and throughout the Term of, the Agreement: (a) Customer is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the constitution and laws of such state or commonwealth; (b) Customer has complied, and will comply, fully with all applicable laws, rules, ordinances, and regulations governing open meetings, public bidding and appropriations required in connection with the Agreement, the performance of its obligations under the Agreement and the acquisition and use of the Equipment; (c)The person(s) signing the Agreement and any other documents required to be delivered in connection with the Agreement(collectively,the"Documents")have the authority to do so, are acting with the full authorization of Customer's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d) The Documents are and will remain valid, legal and binding agreements, and are and will remain enforceable against Customer in accordance with their terms; and (e)The Products are essential to the immediate performance of a governmental or proprietary function by Customer within the scope of its authority and will be used during the Term of the Agreement only by Customer and only to perform such function. Customer further represents and warrants to Stryker that, as of the date each item of the Products becomes subject to the Agreement, it has funds available to pay all Agreement payments payable thereunder until the end of Customer's then current fiscal year, and, in this regard and upon Stryker's request, Customer shall deliver in a form acceptable to Stryker a resolution enacted by Customer's governing body, authorizing the appropriation of funds for the payment of Customer's obligations under the Agreement during Customer's then current fiscal year. 2. Any provisions in this Rider that are in conflict with any applicable statute, law or rule shall be deemed omitted, modified or altered to the extent required to conform thereto, but the remaining provisions hereof shall remain enforceable as written. Customer signature Accepted by Stryker Sales, LLC Signature: Date: Signature: Date: Print name: Print name: Title: Title: Opinion of Counsel Letter September 1, 2022 Stryker Sales, LLC, through its Medical Division P.O. Box 93308 Chicago, IL 60673-3308 Gentlemen/Ladies: Reference is made to the AGREEMENT between Stryker Sales, LLC, and the City of Corpus Christi (herein called "Customer")for the purchase of certain equipment, goods and/or services as described in the Agreement. Unless otherwise defined herein, terms which are defined or defined by reference in the Agreement, or any exhibit or schedule thereto shall have the same meaning when used herein as such terms have therein. The undersigned is Counsel for the Customer in connection with the negotiation, execution and delivery of the Agreement, and as such I am able to render a legal opinion as follows: 1. The Customer is a public body corporate and politic of the State of Texas and is authorized by the Constitution and laws of the State of Texas to enter into the transactions contemplated by the Agreement and to carry out its obligations thereunder. The Customer's name set forth above is the full, true, and correct legal name of the Customer. 2. The Agreement set forth above has been duly authorized, executed and delivered by the Customer and constitutes a valid, legal and binding agreement, enforceable in accordance with its terms. 3. No further approval, consent or withholding of objections is required from any federal, state or local governmental authority and the Customer complied with all open meeting and public bidding laws with respect to the entering into or performance by the Customer of the Agreement and the transactions contemplated thereby. Very truly yours, Signature Signature: Date: Print Name: Title: 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a-)cctexas.com (361) 826-3169 Emergency Operations Center Technology Upgrades for the Corpus Christi Fire Department CAPTION: Resolution authorizing the purchase of technology upgrades for audio and video distribution, web conferencing, and a multi-monitor video wall for emergency operations for the Corpus Christi Fire Department's Emergency Operations Center and a three-year service agreement with The Personal Computer Store, Inc., dba Avinext, of College Station, Texas, in amount of$349,411.68, with FY 2022 funding in the General Fund. SUMMARY: This resolution approves the purchase of technology upgrades for audio and video distribution, web conferencing, and a multi-monitor video wall for emergency operations for the Corpus Christi Fire Department's Emergency Operations Center and a three-year service agreement with The Personal Computer Store, Inc., dba Avinext BACKGROUND AND FINDINGS: Currently, the Emergency Operations Center (EOC) is working with audio-visual equipment that has been in operation since 2001 and is no longer cost effective to maintain and has become unreliable. The proposed upgrade will provide the EOC with increased reliability and reduced maintenance costs. The proposed upgrade includes new computer monitors and audio equipment which will more effectively and reliably transmit critical information in the event of an emergency. This upgrade will provide for two direct view LED video walls at the existing display locations which will allow for configurable displays of visual information and new digital signal processors and amplifiers to improve sound and acoustics in the EOC. Additionally, it will include two new wireless microphone body packs with lapel mics and the installation of all new wiring needed within the EOC to support both video and audio upgrades as well as the removal of the old equipment and wiring that is no longer needed and does not support the new upgraded systems. Lastly, the upgrade will also include a three-year warranty in the instance that services are needed. The City of Corpus Christi received Texas Ambulance Supplemental Payment Program (TASPP) funds in the beginning of Fiscal Year 2022. The Fire Department was allocated $349,411.68 specifically for the purchase of upgraded audio and visual equipment to adequately suit the EOC with the most up to date equipment. The Corpus Christi Fire Department's (CCFD) Office of Emergency Management (OEM) activates the Emergency Operations Center (EOC) whenever there is a major incident or event that carries the potential for loss of life, significant property damage, damage to critical infrastructure and a significant impact on business. The OEM's main function is to provide and coordinate the necessary plans of action during emergency situations that keep our Corpus Christi community safe. The OEM is responsible for emergency operations that include, organizing the appropriate staff to operate the EOC, operate communications and warning systems, provide information and guidance to the public, maintain information on appropriate resources, services and operations, work with and provide support to other jurisdictions such as Nueces County, analyze hurricane information and other hazards to provide appropriate recommendations for countermeasures, collect, evaluate and disseminate damage assessment and other essential information and ensure that the City of Corpus Christi Emergency Preparedness Plans are carried out. The EOC provides a central location for all information and authority and allows both face to face and virtual coordination among personnel who make emergency decisions. The most critical component of an EOC is its communication and information management system. The EOC relies on its audio and visual equipment to adequately perform these functions. During an emergency activation, this equipment provides capabilities for the OEM to view cameras throughout the City for proper assessment, display all web base sites such as weather radars from the National Weather Service, display WebEx weather briefings/ meetings with National Weather Service and other jurisdictions and display the WebEOC system so that all emergency management personnel can see real time information that occurs during the emergency activation event. PROCUREMENT DETAIL: This procurement is a direct purchase with The Personal Computer Store, Inc., dba Avinext, under the 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: The alternative would be to continue using the current audio and visual equipment in the EOC which is over 20 years old and has gone beyond its life expectancy rendering the equipment unreliable for Emergency Operations personnel to obtain vital information in the instance of an emergency. FISCAL IMPACT: The fiscal impact for CCFD in FY 2022 is $349,411.68 which will be funded through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11950 Emergency Management Mission Element: 095 Emergency Management Project # (CIP Only): N/A Account: 520100 Computer Equipment & Software Amount: $349,411.68 RECOMMENDATION: Staff recommends approval of the resolution authorizing the purchase of computer and audio equipment upgrades for the Corpus Christi Fire Department's Emergency Operations Center and a three-year service agreement with The Personal Computer Store, Inc., dba Avinext of College Station, Texas, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Resolution PRICE SHEET Finance - Procurement Division Sr. Buyer - Marco Lozano Emergency Operations Center (EOC) technology upgrades for CCFD The Personal Computer Store, Inc., dba Avinext College Station, Texas Part Description Qty List Price Price Ext. Price 1 COMTIPS7 TIPS Contract 210101 Technology Solutions, 1 $0.00 $0.00 $0.00 Products and Services 2 HDWMOUNT Mounting Hardware 1 $2,497.00 $2,246.62 $2,246.62 3 HDWRACKLG Miscellaneous Rack Hardware- Large 1 $770.00 $700.00 $700.00 4 SER100014 Avinext Project Manager 111 $125.00 $112.50 $12,487.50 5 SER10007 Avinext A/V Technician 133 $95.00 $85.50 $11,371.50 6 SER10008 Avinext Lead A/V Technician 55 $125.00 $112.50 $6,187.50 7 SER100080 Avinext Lead A/V Programmer 75 $160.00 $144.00 $10,800.00 8 SER10009 Avinext Lead A/V Designer 20 $160.00 $144.00 $2,880.00 9 SER10016 Avinext Travel Expenses 1 $8,100.00 $8,100.00 $8,100.00 10 WAR03 3 Year On-Site Warranty 1 $37,436.96 $37,436.96 $37,436.96 11 CD-MX915H LWC CD-MX915H HOOD PLASTIC FOR 4 $4.45 $3.15 $12.60 MAXBLOX DSUB 12 CD-MX9F LWC CD-MX9F DSUB JACK DB9F-PHX IN-LINE 4 $22.90 $15.33 $61.32 13 28102 6FT USB AB DEVICE BLACK USBA TO USBB 1 $5.99 $0.00 $0.00 14 FHB5196 Chief FHB5196 M8 HW 4.3IN HI/LO VESA 4 $143.00 $102.75 $411.00 OFFSET BRKT 15 TILD1X31ER-L Chief dvLED Triple Display Wall Mount for 2 $1,193.00 $780.48 $1,560.96 Samsung IER-F Series- Left. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to sup 16 TILD1X31ER-M Chief dvLED Triple Display Wall Mount for 4 $1,230.00 $804.96 $3,219.84 Samsung IER-F Series- Middle. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to s 17 TILD1X31ER-R Chief dvLED Triple Display Wall Mount for 2 $1,194.00 $781.20 $1,562.40 Samsung IER-F Series- Right. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to su Part Description Qty List Price Price Ext. Price 18 TILSC3HIFH Chief Tripe Display LED Side Covers for Samsung 2 $727.00 $413.28 $826.56 IFH &IER Series. Built for the Samsung IFH &IER Series. Side covers add a clean aesthetic trim to the sides of unsightly LED displays. The modular des 19 CBL-HD-12 Crestron CBL-HD-12 Crestron®Certified HDMI® 11 $78.00 $48.36 $531.96 Interface Cable, 18 Gbps, 12 ft(3.6 m) 20 CBL-HD-6 Crestron CBL-HD-6 Crestron®Certified HDMI® 30 $56.00 $34.72 $1,041.60 Interface Cable, 18 Gbps, 6 ft(1.8 m) 21 CP4N Crestron CP4N 4-Series TM Control System 1 $3,080.00 $1,909.60 $1,909.60 22 DMF-CI-8 Crestron DMF-CI-8 DigitalMediaTM Card Chassis 2 $2,200.00 $1,364.00 $2,728.00 for DM-NVX-C &DMCF, 8 Slots 23 DM-NVX-360 Crestron DM-NVX-360 DM NVX®4K60 4:4:4 HDR 16 $1,980.00 $1,227.60 $19,641.60 Network AV Encoder/Decoder 24 DM-NVX-360C Crestron DM-NVX-360C DM NVX®4K60 4:4:4 15 $1,980.00 $1,227.60 $18,414.00 HDR Network AV Encoder/Decoder Card 25 TS-1070-B-S Crestron TS-1070-B-S 10.1 in. Tabletop Touch 1 $3,300.00 $2,046.00 $2,046.00 Screen, Black Smooth 26 60-1989-000012 Quantum Ultra 305 Quantum Ultra 3U 3 x 1 $78,000.00 $38,500.00 $38,500.00 111120 Quantum IN4HDM1 Quantum IN4HDM1 Quantum IN4HDM1 Quantum OUT4HDM1 Quantum Ultra Blank Plate 27 100036 LWC 100036 EZ-RJ45 BOOT CAT6 CLEAR 47 $0.24 $0.17 $7.99 28 11108080034 LWC 11108080034 RJ45 PLUG 8P8C CAT6 47 $0.64 $0.45 $21.15 CLEAR 29 112627 LWC 112627 BNC PLUG RG8 PLN CRIMP 3-PC 8 $5.59 $3.96 $31.68 30 16-2C-P-BLK LWC 16-2C-P-BLK COMMERCIAL 16/2 CMP 2400 $0.47 $0.31 $744.00 BLACK 31 22-1 P-CMP-EZ-BLK LWC 22-1 P-CMP-EZ-BLK QWI KSTRI P 22/1 P 2040 $0.42 $0.29 $591.60 AUDIO CMP BLK 32 24-4P-P-L6-EN-BLK LWC 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP 5700 $0.72 $0.48 $2,736.00 CMP BLACK 33 24-4P-P-L6SH-BLK LWC 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP 600 $1.27 $0.89 $534.00 BLACK 34 RG8-CMP-BLK LWC RG8-CMP-BLK RG8 DUAL SHIELD CMP 400 $8.01 $5.68 $2,272.00 BLACK 35 RJ45-STP-L6 LWC RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL 4 $7.08 $4.78 $19.12 KIT 36 U1V Middle Atlantic U1V 1SP VENTED UTILITY SHELF 1 $73.00 $45.50 $45.50 37 NC3FXX LWC NC3FXX NEUTRIKXLRF 3P CBL NKL 13 $3.40 $2.41 $31.33 38 CJ688TGBL 1PK BLK MOD CAT6 UT P8P8W UNIV TG MOQ50 24 $17.54 $15.75 $378.00 39 CPP24FMWBLY 24PORT BLK MOD FLUSH MNT PATCH DIRECT 1 $70.76 $59.45 $59.45 SHIP INCREMENTAL OF 1 40 UTP28SP10BL 10FT CAT6 BLK CU PATCHCORD SD DIRECT 40 $17.72 $15.33 $613.20 SHIP INCREMENTAL OF 1 41 SLQUD-110-P QSC SLQUD-110-P Q-SYS Core 110 UCI 1 $215.00 $150.50 $150.50 Deployment Software License, Perpetual. 42 CORE 110f QSC CORE 110f Unified Core with 24 local audio 1 $3,920.00 $2,744.00 $2,744.00 I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VolP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1 RU. 43 CX-Q 4K8 QSC CX-Q 4K8 8-Channel 500W/CH Q-SYS 1 $5,335.00 $3,734.50 $3,734.50 Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmpTM, with Mic/line Inputs, 100-240V. Part Description Qty List Price Price Ext. Price 44 1/0-USB BRIDGE QSC : 1/0-USB Bridge 1 $2,085.00 $1,344.00 $1,344.00 45 PTZ-12x72 Conference camera with 12x optical zoom 1 $4,495.00 $2,975.00 $2,975.00 46 F-IE015RM130 IER- 130 WITH 1.5MM FHD 3X3 2 $88,085.00 $70,468.00 $140,936.00 47 TL48B/O-MTQG-A Shure TL48B/O-MTQG-A OMNI LAV, 2 $561.00 $452.17 $904.34 TAI LORED,MTQG,BLACK,ACCS 48 ULXD1=-H50 Shure ULXD1=-H50 Digital Wireless Bodypack 2 $585.00 $468.00 $936.00 Transmitter with Miniature 4-Pin Connector 49 ULXD4D=-H50 Shure ULXD4D=-H50 Dual Digital Wireless 1 $3,656.00 $2,924.80 $2,924.80 Receiver with internal power supply, 1/2 Wave Antenna and Rack Mountinq Hardware SubTotal $349,411.68 Sales Tax $0.00 Shipping $0.00 Total $349,411.68 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4347 U Emergency Operations Center (EOC) technology upgrades ye1852Eo for CCFD THIS Emergency Operations Center (EOC) technology upgrades for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The Personal Computer Store, Inc., dba Avinext ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency Operations Center (EOC) technology upgrades for CCFD in response to Request for Bid/Proposal No. 4347 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Emergency Operations Center (EOC) technology upgrades for CCFD ("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. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF 3. Compensation and Payment. This Agreement is for an amount not to exceed $349,411 .68, subject to approved extensions and changes. Payment will be made 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: Name: Mariza Rodriguez Department: Fire Department Phone: 361-826-3994 Email: MarizaR2@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Mariza Rodriguez Title: Contracts/Funds Administrator Address: 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 Phone: 361-826-3994 Fax: N/A IF TO CONTRACTOR: The Personal Computer Store, Inc., dba Avinext Attn: Tim Rhome Title: General Manager Address: 1400 University Drive East, College Station, Texas 77840 Phone: 979-846-9727 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF 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. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF CONTRACTOR LIM S Signature: Printed Name: Tim Rhome Title: Texas Date: 8/26/2022 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 l : RFB/RFP No. 4347 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF ATTACHMENT A: SCOPE OF WORK 1852 1.1 General Requirements/Background Information The purpose of Emergency Operations Center (EOC) upgrade is to update the technology in the EOC which includes the video distribution, audio, web conferencing, and add new video walls as well as move the equipment out of the room to a new location. 2406 Leopard, Suite 400, Corpus Christi, Texas 1 .2 Scope of Work The Contractor shall: A. Install two direct view LED video walls at the existing display locations. B. Video walls will be wall mounted on the existing walls. Each video wall will mirror each other and display a feed from a windowing processor. This processor will take all the video inputs into the system and display them in configurations determined by the City of Corpus Christi in the programming meeting. These configurations will be saved as presets and selectable by a touch panel located on one of the front tables. C. The existing four displays around the perimeter of the room will be reused and connected to the main video system. These will have the ability to be independently selected from the main video walls. D. A separate video input can be sent to these displays, or they can be set to be mirrored to the video wall. E. The inputs into the system are: • Ten Table PCs • Direct TV Tuner • Laptop HDMI at the head table F. There are a total of 8 tables and 1 head table • Each table will use an existing owner furnished PC as an input into the system as well as an existing wired gooseneck microphone. • An existing local monitor will be hooked to the PC that will display that PCs content only. • The head table will have two PCs that input into the system for a total of ten table PC inputs Page 1 of 2 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF G. One camera will be installed on the column in front of the head table and will be used to capture the users of that space. H. Audio Upgrades: • New DSP and amplifiers will be installed, and the existing ceiling speakers will be zoned out above each of the 9 tables Audio Reinforcement. • Two new wireless microphone body packs with lapel mics will be provided by the Contractor. • The equipment to support the technology of the space will be installed into an existing rack in the OF on the floor below. • Cable length will be sufficient and no fiber connection to a switch is necessary. An owner switch is available in rack for all network connections. 1.3 Included with upgrade: A. The Contractor, In addition to the above-mentioned audio video components, will complete the following as part of this upgrade. a. Run all new wires needed within the EOC b. Speaker wires between amps and 9 speaker zones c. Video distribution wiring between the video walls and EOC rack d. Video distribution wiring between the four stand-alone displays and EOC rack e. Video distribution wiring between the camera and EOC rack f. Video distribution wiring between the table PC inputs and EOC rack g. Video distribution wiring between the laptop input and EOC rack h. Video distribution wiring between the DirecTV receiver and EOC rack L All other interconnects between the equipment housed in the EOC rack j. Connections between the owner furnished switch and video distribution equipment provided by the Contractor. k. Remove existing equipment I. All existing unused AV equipment will be removed and turned over to the City of Corpus Christi for disposal. m. All existing unused AV cabling will be removed and turned over to the City of Corpus Christi for disposal. n. Existing racks will be removed (assuming all existing equipment is no longer needed) and turned over to the City of Corpus Christi for disposal. B. The City of Corpus Christi will be responsible for the following as part of this project. a. Provide power at locations indicated on the Contractor's drawing set b. Refinish the walls as needed for the video walls according to the manufacturer specifications c. Provide Ethernet switches as needed. d. Configure switches according to equipment manufacturer specifications e. Re-route DirecTV receiver (if needed) Page 2of2 DocuSign Envelope ID:9B405FB2-0CC0-4BEC-BF23-DF1F839D3CAF ENT B - PRICING Avinextili . . AV SAVVY. NETWORK SMART- 199611-A 08/16/22 The Personal Computer Store,Inc. 1400 University Drive East-College Station,TX 77840 Jonathan Reed Phone 979-846-9727 Fax 979-268-1017 www.Avinext.com 979-595-2798 Ext. reed@avinext.com For � Phones Greg Johnson (361) 826-8354 City of Corpus Christi 1201 Leopard Street P Terms Via Corpus Christi, TX 78401 ' Date ' United States Will Call STD Net 30 days 1/31/2023 Part Description Qty List Price Price Ext. Price 1 COMTIPS7 TIPS Contract 210101 Technology Solutions, 1 $0.00 $0.00 $0.00 Products and Services 2 HDWMOUNT Mounting Hardware 1 $2,497.00 $2,246.62 $2,246.62 3 HDWRACKLG Miscellaneous Rack Hardware- Large 1 $770.00 $700.00 $700.00 4 SER100014 Avinext Project Manager 111 $125.00 $112.50 $12,487.50 5 SER10007 Avinext A/V Technician 133 $95.00 $85.50 $11,371.50 6 SER10008 Avinext Lead A/V Technician 55 $125.00 $112.50 $6,187.50 7 SER100080 Avinext Lead A/V Programmer 75 $160.00 $144.00 $10,800.00 8 SER10009 Avinext Lead A/V Designer 20 $160.00 $144.00 $2,880.00 9 SER10016 Avinext Travel Expenses 1 $8,100.00 $8,100.00 $8,100.00 10 WAR03 3 Year On-Site Warranty 1 $37,436.96 $37,436.96 $37,436.96 11 CD-MX915H LWC CD-MX915H HOOD PLASTIC FOR 4 $4.45 $3.15 $12.60 MAXBLOX DSUB 12 CD-MX9F LWC CD-MX9F DSUB JACK DB9F-PHX IN-LINE 4 $22.90 $15.33 $61.32 13 28102 6FT USB AB DEVICE BLACK USBA TO USBB 1 $5.99 $0.00 $0.00 14 FHB5196 Chief FHB5196 M8 HW 4.3IN HI/LO VESA 4 $143.00 $102.75 $411.00 OFFSET BRKT 15 TILD1X31ER-L Chief dvLED Triple Display Wall Mount for 2 $1,193.00 $780.48 $1,560.96 Samsung IER-F Series- Left. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to sup 16 TILD1X31ER-M Chief dvLED Triple Display Wall Mount for 4 $1,230.00 $804.96 $3,219.84 Samsung IER-F Series- Middle. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to s 17 TILD1X31ER-R Chief dvLED Triple Display Wall Mount for 2 $1,194.00 $781.20 $1,562.40 Samsung IER-F Series- Right. The modular system contains left, middle, and right structural components that can be ordered in 2 high and 3 high lengths to su 08/16/22 10:18:33 Page 1 / 3 1 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF Avinext # 199611-A Part Description Qty List Price Price Ext. Price 18 TILSC3HIFH Chief Tripe Display LED Side Covers for Samsung 2 $727.00 $413.28 $826.56 IFH &IER Series. Built for the Samsung IFH &IER Series. Side covers add a clean aesthetic trim to the sides of unsightly LED displays. The modular des 19 CBL-HD-12 Crestron CBL-HD-12 Crestron®Certified HDMI® 11 $78.00 $48.36 $531.96 Interface Cable, 18 Gbps, 12 ft(3.6 m) 20 CBL-HD-6 Crestron CBL-HD-6 Crestron®Certified HDMI® 30 $56.00 $34.72 $1,041.60 Interface Cable, 18 Gbps, 6 ft(1.8 m) 21 CP4N Crestron CP4N 4-Series TM Control System 1 $3,080.00 $1,909.60 $1,909.60 22 DMF-CI-8 Crestron DMF-CI-8 DigitalMediaTM Card Chassis 2 $2,200.00 $1,364.00 $2,728.00 for DM-NVX-C &DMCF, 8 Slots 23 DM-NVX-360 Crestron DM-NVX-360 DM NVX®4K60 4:4:4 HDR 16 $1,980.00 $1,227.60 $19,641.60 Network AV Encoder/Decoder 24 DM-NVX-360C Crestron DM-NVX-360C DM NVX®4K60 4:4:4 15 $1,980.00 $1,227.60 $18,414.00 HDR Network AV Encoder/Decoder Card 25 TS-1070-B-S Crestron TS-1070-B-S 10.1 in. Tabletop Touch 1 $3,300.00 $2,046.00 $2,046.00 Screen, Black Smooth 26 60-1989-000012 Quantum Ultra 305 Quantum Ultra 3U 3 x 1 $78,000.00 $38,500.00 $38,500.00 111120 Quantum IN4HDM1 Quantum IN4HDM1 Quantum IN4HDM1 Quantum OUT4HDM1 Quantum Ultra Blank Plate 27 100036 LWC 100036 EZ-RJ45 BOOT CAT6 CLEAR 47 $0.24 $0.17 $7.99 28 11108080034 LWC 11108080034 RJ45 PLUG 8P8C CAT6 47 $0.64 $0.45 $21.15 CLEAR 29 112627 LWC 112627 BNC PLUG RG8 PLN CRIMP 3-PC 8 $5.59 $3.96 $31.68 30 16-2C-P-BLK LWC 16-2C-P-BLK COMMERCIAL 16/2 CMP 2400 $0.47 $0.31 $744.00 BLACK 31 22-1 P-CMP-EZ-BLK LWC 22-1 P-CMP-EZ-BLK QWI KSTRI P 22/1 P 2040 $0.42 $0.29 $591.60 AUDIO CMP BLK 32 24-4P-P-L6-EN-BLK LWC 24-4P-P-L6-EN-BLK CAT6 550 23/4P UTP 5700 $0.72 $0.48 $2,736.00 CMP BLACK 33 24-4P-P-L6SH-BLK LWC 24-4P-P-L6SH-BLK CAT6 23/4P F/UTP CMP 600 $1.27 $0.89 $534.00 BLACK 34 RG8-CMP-BLK LWC RG8-CMP-BLK RG8 DUAL SHIELD CMP 400 $8.01 $5.68 $2,272.00 BLACK 35 RJ45-STP-L6 LWC RJ45-STP-L6 CAT6 F/UTP RJ45 INSTALL 4 $7.08 $4.78 $19.12 KIT 36 U1V Middle Atlantic U1V 1SP VENTED UTILITY SHELF 1 $73.00 $45.50 $45.50 37 NC3FXX LWC NC3FXX NEUTRIKXLRF 3P CBL NKL 13 $3.40 $2.41 $31.33 38 CJ688TGBL 1PK BLK MOD CAT6 UT P8P8W UNIV TG MOQ50 24 $17.54 $15.75 $378.00 39 CPP24FMWBLY 24PORT BLK MOD FLUSH MNT PATCH DIRECT 1 $70.76 $59.45 $59.45 SHIP INCREMENTAL OF 1 40 UTP28SP10BL 10FT CAT6 BLK CU PATCHCORD SD DIRECT 40 $17.72 $15.33 $613.20 SHIP INCREMENTAL OF 1 41 SLQUD-110-P QSC SLQUD-110-P Q-SYS Core 110 UCI 1 $215.00 $150.50 $150.50 Deployment Software License, Perpetual. 42 CORE 110f QSC CORE 110f Unified Core with 24 local audio 1 $3,920.00 $2,744.00 $2,744.00 I/O channels, 128x128 total network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, POTS and VolP telephony, 16x16 GPIO, 16 next-generation AEC processors, 1 RU. 43 CX-Q 4K8 QSC CX-Q 4K8 8-Channel 500W/CH Q-SYS 1 $5,335.00 $3,734.50 $3,734.50 Network Amplifier, Lo-Z, 70V, 100V direct drive, FlexAmpTM, with Mic/line Inputs, 100-240V. 08/16/22 10:18:33 Page 2 / 3 2 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF Avinext # 199611-A Part Description Qty List Price Price Ext. Price 44 1/0-USB BRIDGE QSC : 1/0-USB Bridge 1 $2,085.00 $1,344.00 $1,344.00 45 PTZ-12x72 Conference camera with 12x optical zoom 1 $4,495.00 $2,975.00 $2,975.00 46 F-IE015RM130 IER- 130 WITH 1.5MM FHD 3X3 2 $88,085.00 $70,468.00 $140,936.00 47 TL48B/O-MTQG-A Shure TL48B/O-MTQG-A OMNI LAV, 2 $561.00 $452.17 $904.34 TAI LORED,MTQG,BLACK,ACCS 48 ULXD1=-H50 Shure ULXD1=-H50 Digital Wireless Bodypack 2 $585.00 $468.00 $936.00 Transmitter with Miniature 4-Pin Connector 49 ULXD4D=-H50 Shure ULXD4D=-H50 Dual Digital Wireless 1 $3,656.00 $2,924.80 $2,924.80 Receiver with internal power supply, 1/2 Wave Antenna and Rack Mountinq Hardware SubTotal $349,411.68 Sales Tax $0.00 Shipping $0.00 Total $349,411.68 QUOTES ARE VALID FOR 90 DAYS FROM THE DATE SHOWN ABOVE. PRICES SUBJECT TO CHANGE- PRICES BASED UPON TOTAL PURCHASE-ALL SERVICES TO BE BILLED AT PUBLISHED RATES 08/16/22 10:18:33 Page 3 / 3 3 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to Page 2 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:9B405FB2-OCCO-4BEC-BF23-DF1 F839D3CAF ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor warrants audio/visual installations for a period from the original invoice date. This warranty covers all cables, plates, projectors, displays, codecs, interactive whiteboards, speakers, microphones, distribution amplifiers, switchers, scalers, control systems, and/or other equipment sold and installed by The Contractor as part of the original installation. The limited warranty covers parts, labor, and standard shipping required to return the system to proper working condition. The limited warranty covers the following: Improper workmanship directly associated with the installation of equipment by The Contractor personnel Premature failure of equipment due to normal operation (as determined by The Contractor and/or the manufacturer) Labor to repair the system, components and parts in order to restore the system to original operating condition The limited warranty does not cover the following_ Consumable items such as projector lamps and batteries for remotes Ground loop problems caused by faulty or dirty power Projector issues such as dirty lens, alignment, focus, dust and/or heat build-up caused by dust Routine maintenance as recommended by the manufacturer or as conditions require Programming changes including, but not limited to, user interface (UI) changes, operation of preset controls (i.e. macros), and addition of buttons or pages to UI Firmware or software updates made available by the manufacturer after the original installation Requests for service due to operator error Service required as a result of negligence, misuse, or attempted repairs by anyone other than The Contractor or the manufacturer Connections or dis-connections made by others Removal or reinstallation of equipment Damage caused by lightning, electrical surges, brownouts, overloaded circuits, or acts of God The warranty statement above describes the The Contractor Limited Installation Warranty and begins at substantial completion. However, this warranty does not change or modify the manufacturer's warranty in any way. Consult the owner's manual for details about the manufacturer limited warranty. Resolution authorizing a three-year service agreement with The Personal Computer Store, Inc., dba Avinext, of College Station, for technology upgrades for the Fire Department's Emergency Operations Center in the amount of$349,411.68, with FY 2022 funding from the General Fund. WHEREAS, the Fire Department's Emergency Operations Center (EOC) needs prompt and reliable technology upgrades and modifications made to the EOC's services and equipment to meet and sustain operational needs; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, there is a statutory exemption 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. 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 his designee, is authorized to execute a three-year service agreement with The Personal Computer Store, Inc., dba Avinext for technology upgrades and modifications to EOC services and equipment in the amount of$349,411.68, with FY 2022 funding from the General Fund. PASSED AND APPROVED on the day of 2022: Paulette 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 Guajardo City Secretary Mayor 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation RobertD4(a-)-cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance — Procurement JoshC2(a-)cctexas.com (361) 826-3169 Purchase of Playground Equipment for Bill Witt Park CAPTION: Motion authorizing the purchase of a replacement playground unit with attached shade structure for Bill Witt Park from Game Time c/o Cunningham Recreation, of Charlotte, North Carolina, for a total amount of$100,283.49, with FY 2022 funding from the General Fund. SUMMARY: This motion authorizes the purchase of a replacement playground unit with attached shade structure for Bill Witt Park. The playground with attached shade structure will be purchased through Game Time c/o Cunningham Recreation Charlotte, North Carolina through Omnia Partners Cooperative. BACKGROUND AND FINDINGS: Parks and Recreation is requesting authorization to purchase a new playground unit with attached shade structure for Bill Witt Park through Game Time c/o Cunningham Recreation Charlotte, North Carolina through the Omnia Partners Cooperative. The Bill Witt Master Plan highlighted the need for a playground unit since the park currently lacks one. The previous playground unit at Bill Witt Park was installed in 2007 and was 15 years old before being removed. It was removed in March 2022. The unit was removed because it had reached the end of its useful life due to material deprecation in the form of significant rust damage, which created hazardous conditions on the unit. The new play unit will be collocated next to splash pad, as indicated in the Bill Witt Master Plan. The playground unit will include bongos, a river walk climber, a double swerve slide, and shadow play trees. A collocated spider climber also will be installed. The new playground unit is pour-in-play. It's expected lifespan is approximately eight years. The equipment is expected to arrive with 10 to 12 weeks and the total installation is expected to take 16 weeks after contract award. As part of the Bond 2020 program, the Parks and Recreation Department plans to install two additional shade structure units at Bill Witt Park near the site of the new playground. PROCUREMENT DETAIL: This procurement is through the OMNIA Partners Cooperative. The one-time purchase awarded through Game Time c/o Cunningham Recreation Charlotte, North Carolina, has been competitively procured in compliance with the Texas Local and State procurement requirements. ALTERNATIVES: The alternative is not to approve the proposed purchase; however, this would prevent the City from enhancing its parks with new amenities for daily activities and community gatherings. It also would not be in line with the recommendations for the Bill Witt Master Plan. FISCAL IMPACT: Expenditures for purchase of the replacement playground unit with attached shade structure will total an amount of$100,283.49 for FY 2022 through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12900 Office of the Director Mission Element: 142 Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-Contracted Amount: $100,283.49 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of a replacement playground unit with attached shade structure for Bill Witt Park from Game Time c/o Cunningham Recreation, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Presentation City of Corpus Christi Price Sheet Finance-Procurement Purchase of Playground Equipment for Bill Witt Park Senior Buyer: Tracy Garza Parks and Recreation OMNIA Partners#201701134 GAME TIME C/O CUNNINGHAM RECREATION CHARLOTTE, NORTH CAROLINA ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 Game Time-TM-08061-21-2A1 R1 Modified Sky Ridge 5- 1 $ 76,847.00 $ 76,847.00 12 Unit 2 Game Time-The Spider 1 $ 9,689.00 $ 9,689.00 3 GT-Shade GTRD303514SG 30X35XI4 REC HIP W/GL SM- 1 $ 13,133.00 $ 13,133.00 30'x35'x14' Rectangle Hi Shade 4 GameTime-Owner's Kit 1 $ 66.00 $ 66.00 5 Material Surcharge/Freight 1 $ 20,917.68 $ 20,917.68 SUBTOTAL $ 120,652.68 OMNIA Partners Discount 1 $20,369.19 $ 20,369.19 TOTAL PURCHASE PRICE $ 100,283.49 -11 1 2 .1 R71 117=1 INENEEI VVnrv�L.�xE / "allcwox AREo. EEElHIllElSITE PLAN KEYED NOTES 11 NEI �11 NIALAA —11-01 WW _ I'LL 11—EPT ✓! O O myyaQ m O �luf o w w OALELI �o oQ oG��`PE NEL oVamuILIll �nNON OanNo� v O ��Nnw„IT, koWx WIT xITo�xWE� SPIDER O IFl) 1-1�LIEHI PIE I EW, PLA GROUND UNIT a �o� z 1 .0 e � SITE PLAN LEGEND: SPLASH PAD 0 NEW CONCRETE PAVING EER iTo SITE PLAN KDEEO NOTE 12 — EE sEoITmE.(VEROW INDICATES TEAM LANE oa isoa fFNE� EE.(VAROW INDICATES ELN LANE IGNE IPE-IG TG RENS �NSiaAsA SsoCRoP—2Ne 6N 86. ' ��p���l��Ip Nip��p���i��������� ��Ih���� �� �� ���,. �;` �O t �I R _ _ � � � ���� ��� a i � a — -- ,I����, � � � ,�. � _ .. 4 .�`� -, {� :� �-, �� ,� ��� _ _ ___� ___ so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a,cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Pump, Motor and Services for Corpus Christi Water CAPTION: Resolution authorizing a one-year service agreement, with two one-year options, with Xylem Water Solutions USA, Inc., of Carrollton, in the amount of $629,700.00, with a potential amount not to exceed $1 ,889,100.00 if options are exercised, for the purchase of Flygt pumps, motors, and services for Corpus Christi Water, with FY 2022 funding of $104,950.00 from the Wastewater Fund. SUMMARY: This resolution authorizes a service agreement for the purchase of Flygt pumps, motors, and repair/preventive maintenance services for Corpus Christi Water. This agreement is necessary to ensure a supply of pumps, motors, and services at wastewater lift stations and treatment plants. BACKGROUND AND FINDINGS: Flygt, a Xylem brand, comprises of approximately 90% of the pumps at the City lift stations and wastewater treatment plants, and has been the standard pumping equipment used throughout the City. The purchase of new equipment, spare parts, materials and services are critical to ensure optimum operating requirements and compliance with TCEQ regulations. This is a sole source procurement. Flygt pump and motor units have unique design characteristics that require exact specifications for optimum use. Other pump manufacturers require a total piping redesign, which requires additional costs. Xylem Water Solutions USA Inc. is the sole source distributor for Flygt submersible pumps, mixers, and spare parts used to interface with Flygt equipment. They are also the only Flygt authorized vendor providing warranty service in South Texas. Flygt pumps are warrantied and serviced at their shop in Corpus Christi. The Corpus Christi Water (CCW) Department has been utilizing Maximo program for asset management since 2019. City's six wastewater treatment plants (WWTPs) and 105 lift stations are one of the largest assets with electrical equipment and instrumentation. This contract will provide purchase of Flygt pumps, motors, and repair/preventive maintenance services for approximately 40 pumps over two- or three-year period based on the accomplished condition assessment of 86 lift stations and WWTPs. PROCUREMENT DETAIL: This procurement is a sole source procurement with Xylem Water Solutions USA, Inc. under the 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: An alternative is to not enter into a service agreement, requiring separate procurements on an as needed basis. This would reduce the economies of scale pricing secured through a long-term contract, and increase the time delay due to the procurement process. As a result, longer lead times for needed services could impact performance levels required by TCEQ regulations. FISCAL IMPACT: The fiscal impact of FY 2022 for Corpus Christi Water is $104,950.00. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $8,396.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $4,198.00 Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $4,198.00 Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $2,099.00 Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $2,099.00 Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maintenance Mission Element: 065 Manage wastewater lift stations Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs — Contracted Cost: $83,960.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing the purchase of pumps, motors, and services from Xylem Water Solutions USA, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Service Agreement ATTACHMENT B-BID/PRICING SCHEDULE Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit I -year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 1 Parts/Materials EA $325,000.00 0% $325,000.00 2 Shipping Allowance for EA $15,000.00 $15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) M-F 8:00 - 5:00 HR 1 ,800 $135.00 $243,000.00 5 Shop Mechanic(OT) Afterhours, Weekends, HR 100 $202.50 $20,250.00 Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,425.00 Holidays TOTAL $629,700.00 Item # Description Unit 2-Q ar Unit Price Total Price Parts / Materials Estimated Mark-up Estimated price + markup 0% 1 Parts/Materials EA $ 325,000.00 $325,000.00 2 Shipping Allowance for EA $ 15,000.00 $15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $ 5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) M-F 8:00 - 5:00 HR 1 ,800 $135.00 $243,000.00 5 Shop Mechanic(OT) HR 100 $202.50 $20,250.00 7 Afterhours, Weekends, Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,425.00 Holidays TOTAL $629,700.00 Item # Description Unit 3-Year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 0% $325,000.00 1 Parts/Materials EA $ 325,000.00 2 Shipping Allowance for EA $ 15,000.00 $ 15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $ 5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) 1 ,800 $135.00 M-F 8:00 - 5:00 HR $243,000.00 5 Shop Mechanic(OT) Afterhours, Weekends, HR 100 $202.50 $20,250.00 Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,25.00 Holidays TOTAL $629,700.00 COMPANY: Xylem Water Solutions USA, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Frank Pardo ADDRESS: 2029 N. Lexington Blvd. CITY / STATE: Corpus Christi, TX PHONE: 361-879-0031 EMAIL: frank.pardo@xylem.com FAX: 361-225-2965 DATE: 4/14/22 SIGNATURE: TITLE: Sales 8 Resolution authorizing a one-year service agreement, with two one- year options, with Xylem Water Solutions USA, Inc., of Carrollton, in the amount of $629,700.00, with a potential amount not to exceed $1,889,100.00 if options are exercised, for the purchase of Flygt pumps, motors, and services for Corpus Christi Water, with FY 2022 funding of$104,950.00 from the Wastewater Fund. WHEREAS, Xylem Water Solutions USA, Inc., provides Flygt brand pumps, motors, and services for the wastewater lift Stations, wastewater treatment plants and storm water pump stations for Corpus Christi Water, such equipment being critical in sustaining the Wastewater and Storm Water Divisions' operational reliability for service; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds that there are three statutory exemptions for this procurement in Local Government Code, Sections 252.022(a)(2), (a)(7)(A), and (a)(7)(D), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. 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 his designee, is authorized to execute a one-year service agreement, with two one-year options, with Xylem Water Solutions, U.S.A., Inc., for an amount of $629,700.00, and a potential amount not to exceed $1 ,889,100.00, with FY 2022 funding of $104,950.00 from the Wastewater Fund. PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4280 U Flygt Pump and Motor Repairs yeanaonn!e 1852 THIS Flygt Pump and Motor Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Xylem Water Solutions U.S.A. Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Flygt Pump and Motor Repairs in response to Request for Bid/Proposal No. 4280 ("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 Flygt Pump and Motor Repairs ("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 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 $629,700.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 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: Name: Orlando Gonzalez Department: CCW Phone: (361) 826-1885 Email: orlandog@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. Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 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 Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 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: Orlando Gonzalez Title: Planner/Scheduler Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone:(361) 826-1885 Fax: (361) 826-4495 IF TO CONTRACTOR: Xylem Water Solutions U.S.A. Inc. Attn: Frank Pardo Title: Sales Address: 2029 N. Lexington Blvd., Corpus Christi, Texas 78409 Phone: (361) 879-0031 Fax: (361) 225-2965 Service Agreement Standard Form - Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 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. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 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. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions 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. [Signature Page Follows] Service Agreement Standard Form - Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 CONTRACTOR DocuSigned by: Signature: Printed Name'. Frank Pardo Title: sales Date: 8/30/2022 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4280 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide pump and motor repairs and sales for all Flygt brand pumps/motors at the City's Wastewater Lift Stations and Wastewater Treatment Plants, 1.2 Scope of work A. Repairs a. The City's pump inventory, outlined in Section 4.3, consists of approximately 253 Flygt pump/motor units, with HP range and distribution as follows: HP Range Percentage 2.2- 25 69% 26- 50 24% 75 - 215 7% b. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal and submersible pumps and motors from 2 - 215 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o- rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. d. The City will deliver the equipment for repair, and will pick-up equipment when the repair is complete. e. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. f. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1 . Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time, and outline the reason for delay. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, if requested and approved by a City representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) 7. Equipment replacement cost and lead time for new equipment 1 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 g. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. h. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. i. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. j. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). k. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. I. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the Contract Administrator. m. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. n. Overtime hours must be authorized in writing by a City representative. o. The Contractor shall provide a one-year warranty for workmanship and parts/materials. B. Preventative Maintenance and Inspection a. Using a prioritized list provided by the City, the Contractor shall provide on-site preventative maintenance and evaluation services of pumps, valves, piping, electrical service, and control equipment using the manufacturer's PM Service Checklist. b. The City shall remove the pump from and return the pump to service if the results of the evaluation allow it. c. Should the evaluation reveal a deficiency that will require further repair, the Contractor and the City shall follow the procedures described in Section A. - Repairs. d. The results of the evaluation shall be returned to the City within 3 business days. e. Wear items, seals, O-rings, fluids, and any other parts that must be replaced due to the inspection process are the responsibility of the Contractor. 2 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 C. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. D. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City's expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor's project costs at any time during the contract term. e. The City's equipment in Contractor's possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 1.3 Work Site Locations and Conditions Lift Lift Station Name Address # of HP Station # Pumps 1 Wood River 4601 Spring Creek Dr. 3 88 2 River Canyon 13842 River Ridge Dr. 2 20 3 Cynthia 5210 C nthia St. 2 3 4 Ramos 4810 Ramos 2 3 5 Sharpsburg 4412 Sharpsburg Rd. 3 44 6 Highway 77 3386 County Road 52 2 3 7 Nueces Acres 11501 Haven Dr. 2 10 8 Solar Estates 9201 Moonlight St. 2 5 9 Clarkwood North 2001 Clarkwood Road 2 47 10 De Dietrich 150 McKenzie Road 2 10 11 Northwest Crossing 1921 Oregon Trail 3 30 12 Clarkwood South 1025 Clarkwood Road 2 20 13 Lakes Northwest 3614 Perfection Lake 2 20 14 Highway Nine 6724 Leopard Street 2 20 15 Airport International Airport 2 47 16 Levi County Jail 745 N.P.LD. 2 7.5 3 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 17 Coastal Meadows 6868 Old Brownsville Rd. 2 10 18 Arcadia 2221 S. Staples St. 5 2-20 ; 3-47 19 Port/Pearse Port/Pearse 6 2-25 ; 4-75 20 Trojan 1901 Trojan Avenue 2 2.5 21 Greenwood WWTP 6541 Greenwood Dr. 10 35 22 Sacky 3200 Sacky Street 3 25 23 Kostoryz 6261 Kostoryz Rd. 3 35 24 Rose Acres 2946 FM 763 2 7.5 25 Charlie's Place 5505 McBride Ln. 2 2.4 26 Nueces Bay 2100 Nueces Bay Blvd. 2 3 27 Rincon North"B" Rincon Ind. West of H.W. 181 2 5 28 Rincon North"A" Rincon Ind. West of H.W. 181 2 5 29 North Beach"E" 702 Enchanted Harbor 2 5 30 North Beach"B" 3002 Timon Blvd. 3 30 31 North Beach"C" 3818 Surfside 3 10 32 North Beach"D" 4320 Timon Blvd. 2 10 33 Resaca 945 Resaca St. 6 215 34 Coopers Alley 'T" Head 200 S. Shoreline Blvd. 2 3 & 5 35 Magee Beach 500 S. Shoreline Blvd. 2 2.5 36 Cole Park 1500 Ocean Drive 2 5 37 Bay Drive 7845 Bay Drive 3 10 Lift Lift Station Name Address # of HP Station# Pumps 38 Oleander 2900 Ocean Drive 1 3 39 Wooldridge 11 8001 Wooldridge Rd. 2 10 40 Everhart/Staples 780 Everhart Rd. 3 20 41 Starry 7701 Starry Lane 2 47 42 Slough 7924 Slough Road 2 7.5 43 Webers Glen 4051 Aaron 2 20 44 The Lakes 7335 Everhart Road 3 20 45 Station 5 6528 S. Staples 3 45 46 Buckingham 7101 S. Staples 2 20 47 Cimarron 7401 Cimarron 2 20 48 Kings Crossing 8401 Cimarron 2 10 49 Airline 3302 Airline 2 20 50 TAMU-CC 6300 Ocean Dr. 2 9.4 51 Pelican Bay 1418 Ennis Joslin 2 5 52 Greenfields by the Bay 7310 Canadian Dr. 3 30 53 Sugar Tree 8050 S.P.I.D. 2 20 54 Anchor Harbor 8102 S.P.I.D. 2 10 55 Jamaica 2902 Jamaica 3 30 56 Turtle Cove 9547 Blue Jay St. 2 20 57 Wal-Mart 9441 S.P.I.D. 2 7.5 58 Flour Bluff 2326 Flour Bluff Dr. 2 20 59 Rhetta Place 2442 Vialoux 2 5 60 Waldron 610 Blossum 3 35 4 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 61 Purdue 630 Purdue 2 7.5 62 Gateway Park 1143 Laguna Shores 2 2.6 63 Laguna Shores 2902 Laguna Shores Rd. 4 47 64 Riviera 138 Riviera 2 18 65 Rex 4046 Whitely 2 5 66 Kennedy Causeway 13301 S.P.LD. 2 5 67 Seahorse 14300 Dorsel Street 2 5 68 Swordfish 14500 Swordfish Street 2 5 69 Jackfish 14124 Jackfish Street 2 20 70 Verdemar 14501 Verdemar Street 2 7.5 71 Park Road 53 11125 Park Road 53 2 2.2 72 Tesoro 13618 Port Royal Ct. 2 5 73 Cumana 15600 Cumana Street 2 5 74 Coquina Bay 13921 Sea Pines Blvd. 2 5 75 Sea Pines 14192 Sea Pines Blvd. 2 7.5 76 Gypsy 15601 Gy sy Street 2 10 77 Padre Island Section 4 14201 Whitecap Blvd. 2 10 78 Lake Padre South 14501 Whitecap Blvd. 2 20 79 Leeward 14865 Running Light Dr. 2 20 80 Zahn 125 Zahn Rd. 2 23 81 JFK Causeway II 13317 S.P.LD. 2 5 WWTP # Plant Name Address # of HP Pumps (Range) 1 Allison WWTP 4104 Allison Dr. 12 5 - 25 2 Greenwood WWTP 6541 Greenwood Dr. 9 5 - 25 3 Laguna Madre WWTP 201 Jester 6 5 - 25 4 Oso WWTP 601 Nile 21 1 5 - 2 5 Whitecap 13409 Whitecap Blvd. 2 5 - 25 6 Broadway 1402 W. Broadway 4 5 - 25 1.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1 . Purchase Order (PO) No. or Service Agreement No. 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (for verification of mark-up %) 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative 5 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. 6 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 ATTACHMENT B-BID/PRICING SCHEDULE Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit I -year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 1 Parts/Materials EA $325,000.00 0% $325,000.00 2 Shipping Allowance for EA $15,000.00 $15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) M-F 8:00 - 5:00 HR 1 ,800 $135.00 $243,000.00 5 Shop Mechanic(OT) Afterhours, Weekends, HR 100 $202.50 $20,250.00 Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,425.00 Holidays TOTAL $629,700.00 Item # Description Unit 2-Q ar Unit Price Total Price Parts / Materials Estimated Mark-up Estimated price + markup 0% 1 Parts/Materials EA $ 325,000.00 $325,000.00 2 Shipping Allowance for EA $ 15,000.00 $15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $ 5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) M-F 8:00 - 5:00 HR 1 ,800 $135.00 $243,000.00 5 Shop Mechanic(OT) HR 100 $202.50 $20,250.00 7 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 Afterhours, Weekends, Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,425.00 Holidays TOTAL $629,700.00 Item # Description Unit 3-Year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 0% $325,000.00 1 Parts/Materials EA $ 325,000.00 2 Shipping Allowance for EA $ 15,000.00 $ 15,000.00 Parts/Materials 3 Environmental Fee Allowance EA $ 5,000.00 $ 5,000.00 Labor 4 Shop Mechanic (ST) 1 ,800 $135.00 M-F 8:00 - 5:00 HR $243,000.00 5 Shop Mechanic(OT) Afterhours, Weekends, HR 100 $202.50 $20,250.00 Holidays 6 Field Tech (ST) M-F 8:00 - 5:00 HR 85 $165.00 $14,025.00 7 Field Tech (OT) Afterhours, Weekends, HR 30 $247.50 $7,25.00 Holidays TOTAL $629,700.00 COMPANY: Xylem Water Solutions USA, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Frank Pardo ADDRESS: 2029 N. Lexington Blvd. CITY / STATE: Corpus Christi, TX PHONE: 361-879-0031 EMAIL: frank.pardo@xylem.com FAX: 361-225-2965 DATE: 4/14/22 SIGNATURE: TITLE: Sales 8 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 MOTOR TRUCK CARGO (or) $500,000 Combined Single Limit TRIP TRANSIT (if applicable) GARAGE KEEPERS PHYSICAL DAMAGE $500,000 Per Occurrence COVERAGE including: 1. Physical Damage on a Direct Primary Basis RIGGERS' LIABILITY $1,000,000 Per Occurrence if applicable) DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit Contracts for General Services—Services Performed Onsite—Bailee's —Rigger's Liability 07/06/2022 Risk Management—Legal Dept. DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 Fz Attachment D-Warranty a xylem brand WARRANTY Xylem Water Solutions USA, Inc. For the period defined, Xylem Water Solutions USA, Inc. offers a commercial warranty to the original End Purchaser against defects in workmanship and material on Flygt Products. Warranty covers Flygt parts and labor as outlined in ADDENDUM —A. COVERAGE: Xylem Water Solutions USA, Inc. will pay the cost of parts and labor during the warranty period, provided that the Flygt product, with cable attached, is returned prepaid to a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt Product repairs. Coverage for Flygt parts and labor will be provided for the period shown in ADDENDUM - A. The warranty period will begin from date of shipment or date of a valid Start-up (For permanently installed pumps only). In cases where the Start-up date is used as the beginning of the warranty on a permanently installed Flygt pump, a Start-up Report completed by an approved service technician from a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt products must be received by the Xylem Water Solutions USA, Inc. Area Service Manager for Flygt Products within thirty (30) days of the initial onset of the unit placed into service. If not received, the beginning of the warranty coverage will default to the Flygt product ship date. A Start-up for a permanently installed Flygt pump must occur within one (1) year from the date of shipment from a Xylem Water Solutions USA, Inc. authorized facility for Flygt Products or warranty will automatically default to ship date as start of warranty. (See STORAGE section) When using the start-up date as the beginning of the warranty, a copy of the Start-up Report will be required to support any Warranty Claims. Warranty on Flygt Dewatering pumps will begin with ship date only. No other date on Flygt Dewatering pumps will be considered. Xylem Water Solutions USA, Inc.'s sole obligation under this Warranty for Flygt Products shall be to replace, repair or grant credit for Flygt Products upon Xylem Water Solutions USA, Inc.'s exclusive determination that the Flygt Product does not conform to the above warranty. In the event that the Flygt product is replaced, warranty on the replacement product will be equal to the balance remaining on the original product or ninety(90) days, which ever is greater. MISUSE: This Warranty shall not apply to any Flygt product or part of Flygt product which (i) has been subjected to misuse, misapplication, accident, alteration, neglect, or physical damage (ii) has been installed, operated, used and/or maintained in a manner which is in an application that is contrary to Xylem Water Solutions USA, Inc.'s printed instructions as it pertains to installation, operation and maintenance of Flygt Products, including but without limitation to (iii) operation of equipment without being connected to monitoring devices supplied with specific products for protection; or (iv) damaged due to a defective power supply, improper electrical protection, faulty installation or repair, ordinary wear and tear, corrosion or chemical attack, an act of God, an act of war or by an act of terrorism; or (v) has been damaged resulting from the use of accessory equipment not sold by Xylem Water Solutions USA, Inc. or not approved by Xylem Water Solutions USA, Inc. in connection with Flygt products. WEAR PARTS: This warranty does not cover costs for standard and/or scheduled maintenance performed, nor does it cover Flygt parts that, by virtue of their operation, require replacement through normal wear (aka: Wear Parts), unless a defect in material or workmanship can be determined by Xylem Water Solutions USA, Inc.. Wear Parts are defined as Cutters, Cutting Plates, Impellers, Agitators, Diffusers, Wear Rings (Stationary or Rotating), Volutes (when used in an abrasive environment), oil, grease, cooling fluids and/or any items deemed necessary to perform and meet the requirements of normal maintenance on all Flygt equipment. xylem Lets Solve Water Ver.12-120312 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 3M�YJr a xylem brand WARRANTY Xylem Water Solutions USA, Inc. DISCLAIMERS: (i) Xylem Water Solutions USA, Inc.'s warranties are null and void when Flygt Products are exported outside of the United States of America without the knowledge and written consent of Xylem Water Solutions USA, Inc.; (ii) Xylem Water Solutions USA, Inc. makes no independent warranty or representation with respect to parts or products manufactured by others and provided by Xylem Water Solutions USA, Inc. (however, Xylem Water Solutions USA, Inc. will extend to the Purchaser any warranty received from Xylem Water Solutions USA, Inc.'s supplier for such parts or products). LIMITATIONS: XYLEM WATER SOLUTIONS USA, INC. NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON OR COMPANY TO ASSUME FOR XYLEM WATER SOLUTIONS USA, INC., ANY OTHER OBLIGATION IN CONNECTION WITH THE SALE OF ITS FLYGT EQUIPMENT. ANY ENLARGEMENT OR MODIFICATION OF THIS WARRANTY BY A FLYGT PRODUCT DISTRIBUTOR, OR OTHER SELLING AGENT SHALL BECOME THE EXCLUSIVE RESPONSIBILITY OF SUCH ENTITY. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO FLYGT PRODUCT(S), INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. PURCHASER'S EXCLUSIVE REMEDY AND XYLEM WATER SOLUTIONS USA, INC.'S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES IS LIMITED TO REPAIRING OR REPLACING FLYGT PRODUCTS AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER HEREUNDER. IN NO EVENT IS XYLEM WATER SOLUTIONS USA, INC. LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. XYLEM WATER SOLUTIONS USA, INC. WILL NOT BE HELD RESPONSIBLE FOR TRAVEL EXPENSES, RENTED EQUIPMENT, OUTSIDE CONTRACTOR'S FEES, OR ANY EXPENSES ASSOCIATED WITH A FLYGT PRODUCT REPAIR SHOP NOT AUTHORIZED BY XYLEM WATER SOLUTIONS USA, INC. U.S.A., INC. REIMBURSEMENT COSTS FOR CRANES AND/OR ANY SPECIAL EQUIPMENT USED IN CONJUNCTION FOR THE REMOVAL AND/OR REINSTALLATION OF ANY FLYGT EQUIPMENT IS NOT COVERED UNDER THIS WARRANTY. ANY UNAUTHORIZED ALTERATIONS TO SUPPLIED FLYGT EQUIPMENT USED WITHOUT XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLE OR CONTROLS WILL NOT BE COVERED UNDER THIS WARRANTY, UNLESS IT CAN BE PROVEN SUCH ANCILLARY EQUIPMENT IS SUITABLE FOR THE PURPOSE AND EQUAL TO XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLES OR CONTROLS THAT WOULD ORIGINALLY HAVE BEEN SUPPLIED WITH THE TYPE OF EQUIPMENT IN USE. REQUIREMENTS: A copy of Electrical System Schematics of the Control used (including a Control's Bill of Material) could be required to support a Warranty Claim when a non Flygt Brand Control is used. In addition, a written record, hereby known as "the log", will be associated with each unit serial number and must be maintained by the organization having product maintenance responsibility. The log must record each preventative maintenance activity and any repair activity during the life of the warranty or verification that a Xylem Water Solutions USA, Inc. authorized Service Contract for Flygt Products is in force and must be available for review and/or auditing. Failure to meet these conditions could render this warrant null and void. Such logs could be required to determine warranty coverage. xylem Lets Solve Water Ver. 12-120312 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 3M�YJr a xylem brand WARRANTY Xylem Water Solutions USA, Inc. STORAGE: Should a delay occur between ship date and the date of start-up, maintenance as outlined in Xylem Water Solutions USA, Inc.'s Care & Maintenance Manual for Flygt Products must be performed by the "CONTRACTOR"and/or"OWNER"during any such period of storage. Documentation providing proof and outlining what maintenance was performed must be provided to Xylem Water Solutions USA, Inc. or its Flygt Products representative within thirty (30) days of said maintenance, or the Xylem Water Solutions USA, Inc. warranty for Flygt Products could be considered void. CONTROLS: Warranty coverage for permanently installed controls will start for the end purchaser on the date of shipment. This warranty does not apply to controls that have been damaged due to a defective and/or improper input power supply, improper electrical protection, accidental damage, improper or unauthorized installation and/or repair, unauthorized alteration, negligence, environmental corrosion or chemical attack, improper maintenance or storage of control, any act of God, an act of war, an act of terrorism or damage resulting from the use of accessory equipment not approved by Xylem Water Solutions USA, Inc.. Further, this warranty does not apply in the event an adjustment is found to correct the alleged defect. Solid state devices will be covered for a period of one (1) year except in the Flygt Standard Control Panel (FSCP) where the solid state devices will be covered for the full warranty period of the control panel. Electrical control panels containing controllers, PLC's, drives, soft starts, and other computerized equipment will require Transient Voltage Surge Suppression (TVSS) protection in order to satisfy the requirements of this warranty. The protection equipment associated with the control must be kept in working condition during the life of the warranty. Auxiliary equipment supplied with the control (air-conditioners etc.) is limited by the respective original equipment manufacturer's warranty offered. Consumable items such as: light bulbs, fuses, and relays are covered under normal operating conditions. Electrical surges experienced during startups and/or during normal operating use of the control panel will cause the consumable items not to be covered under this warranty policy. Components not supplied by Xylem Water Solutions USA, Inc. will not covered by this warranty. TOP (The Optimum Pump Station) Xylem Water Solutions USA, Inc. will warrant the Flygt TOP pre-engineered fiberglass pump station components against defects in material and workmanship for a period of one (1) year from date of start-up or eighteen (18) months from date of shipment and is valid only to the original owner of the station. Warranty shall cover the cost of labor and materials required to correct any warrantable defect, excluding any removal and reinstallation costs, FOB Xylem Water Solutions USA, Inc.'s authorized warranty service location for Flygt's TOP. Flygt Products contained within a TOP pre-engineered fiberglass pump station will carry the standard Xylem Water Solutions USA, Inc. warranty for Flygt products and/or accessories installed in the TOP pre-engineered fiberglass pump station. All Flygt Product restrictions and/or limitations as outlined and described within the context of this warranty are germane to all sections of this Xylem Water Solutions USA, Inc. Warranty document. Xylem Water Solutions USA, Inc. National Quality Assurance-US Corporate xylem Lets Solve Water Ver. 12-120312 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 FL'4�0- a xylem brand WARRANTY Xylem Water Solutions USA,Inc. ADDENDUM–WARRANTY COVERAGE BY PRODUCT PRODUCT PRODUCT SERIES AND CONFIGURATION Months Months Months Months Months 1-12 13-24 25-36 37-39 40-60 3000 Series(CP,NP,DP,CT,NT,CZ,NZ,LL) Axial Flow/Mixed Flow/Centrifugal Pumps&Mixers 4000 Series(SR,PP) 100% 50% 25 7000 Series(PL) Flygt Standard Control Panels(FSCP) Standard Control Panels(FSCP–permanently 100%(From Ship Date) installed ETO Electrical Control Panels Engineered to Order,Xylem Manufactured Control 100%-1 YR LIMITED-2-YR Panels(permanently installed)-3 Years 3000 Series(MP,MF,MH,FP,FS,FT,HP,HS) Abrasion/Corrosion Resistant&Chopper/Grinder Pumps 5000 Series(HP,HS) 100 8000.280 Series(DP,DZ,DT,DS,DF) 2000 Series(BS,KS) Dewatering Pumps 3000 Series(CS,NS,DS) 100%(From Ship Date) 8000.280 Series(DS,DF) TOPS Fiberglass Pump Station 100%(From Ship Date) 100 Accessories Permanent/Portable (From Ship Date) Hydro ejectors/Aerators HE,JA 100 Portable Pump Controls Control Boxes(Nolta,MSHA etc.) 100 TOPS Control Panels TOPS control panels(permanently installed) (From Ship Date) 100 Small Pumps 3045,3057,SX (From Ship Date) 100 Parts-* All new Flygt parts(mechanical&electrical) (From Ship Date) *-Parts that fail where used in a repair are warranted for one(1)year from the date of the repair for the failed part only–no labor;This Includes Flygt pump controllers,Flygt supervision equipment,Flygt submersible level transducers,etc. xylem s Ver.12-120312 DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary DocuSign Envelope ID:38AA9CD9-9320-4AED-9758-711687C39018 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a,cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Pump, Motor, Rentals and Services for CCWater CAPTION: Resolution authorizing a one-year service agreement, with two one-year option periods, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, for an amount not to exceed $269,950.00, and a potential amount not to exceed $809,850.00 if options are exercised, for the purchase of Godwin pumps, motors, rentals, and services utilized by Corpus Christi Water, with FY 2022 funding of $45,000.00 from Water and Wastewater Funds. SUMMARY: This resolution authorizes a service agreement for the purchase of Godwin pumps, motors and services for Corpus Christi Water. This agreement is necessary to ensure a supply of pumps, motors and services at wastewater lift stations and treatment plants. BACKGROUND AND FINDINGS: Godwin, a Xylem brand, has been the standard pumping equipment at wastewater lift stations, wastewater collection system, wastewater treatment plants in operation throughout the City for many years. Additionally, the Water division maintains a small inventory of Godwin pumps used for water main breaks. Godwin pump and motor units are currently in operation throughout the city. This service contract is to provide new equipment, rentals, and repair services for by-pass pumping system on as-needed basis which is critical for the City to deal with emergency conditions and compliance with TCEQ regulations. This is a sole source procurement. Godwin pumps and motor units have unique design characteristics that require exact specifications for optimum use. Other pump manufacturers require a total piping redesign, which requires additional cost. Xylem Dewatering Solutions, Inc. is the sole source distributor for new Godwin pumps, Godwin rental pumps, spare parts, and associated wiring used to interface with Godwin equipment. Xylem Dewatering Solutions is also the only Godwin authorized warranty service center in South Texas. Godwin pumps are warrantied and serviced at their shop in Corpus Christi. PROCUREMENT DETAIL: This procurement is a sole source procurement with Xylem Dewatering Solutions, Inc. under the 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: The alternative is to not enter into a service agreement, requiring separate procurements on an as-needed basis. This would reduce the economies of scale pricing secured through a long-term contract, and increase the time delay due to the procurement process. As a result, longer lead times for needed services could impact performance levels required by TCEQ regulations. FISCAL IMPACT: The fiscal impact for FY 2022 for Corpus Christi Water is $45,000.00 Funding Detail: Fund: 4010 - Water Organization/Activity: 31520 — Treated Water Delivery System Mission Element: 041 — Distribute Water Project # (CIP Only): N/A Account: 530215 — Maintenance & Repairs-Contracted $11 ,250.00 Fund: 4200 - Wastewater Organization/Activity: 33210 — Lift Station Operation & Maintenance Mission Element: 065 — Manage Wastewater Lift Stations Project # (CIP Only): N/A Account: 530215 — Maintenance & Repairs-Contracted $ 33,750.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing the purchase of pumps, motors, rentals, and services for CCWater from Xylem Dewater Solutions, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Service Agreement Contracts and Procurement Price Sheet Senior Buyer: Cynthia Perez Purchase of Pumps, Motors and Rental Services Item # Description Unit 1 -Year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 1 Parts/Materials* EA $ 125,000 %0 $125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 Labor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 Item # Description Unit 2-Year Unit Price Total Price Qt Parts / Materials Estimated Mark-up Estimated price+ markup 1 Parts/Materials* EA $ 125,000 % 0 $125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 1 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 Labor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 Item # Description Unit 3-Year Unit Price Total Price Qt Parts / Materials Estimated Mark-up Estimated price + markup % 0 $125,000.00 1 Parts/Materials* EA $ 125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 La bor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 2 Resolution authorizing a one-year service agreement, with two one- year options, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, in the amount of$269,950.00, with a potential amount not to exceed $809,850.00 if options are exercised, for the purchase of Godwin pumps, motors, rentals, and services for Corpus Christi Water, with FY 2022 funding of $45,000.00 from the Water and Wastewater Funds. WHEREAS, Xylem Dewatering Solutions, Inc., provides Godwin brand pumps, motors, rentals, and services for the wastewater lift stations, wastewater treatment plants, and storm water pump stations for Corpus Christi Water, such equipment being critical in sustaining the Wastewater and Storm Water Divisions' operational reliability for service; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds that there are three statutory exemptions for this procurement in Local Government Code, Sections 252.022(a)(2), (a)(7)(A), and (a)(7)(D), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. 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 his designee, is authorized to execute a one-year service agreement, with two one-year options, with Xylem Dewatering Solutions, Inc., for an amount of $269,950.00 and a potential amount not to exceed $809,850.00 if options are exercised, with FY 2022 funding of$45,000.00 from the Water and Wastewater Funds. PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D �yV SC G° a 0 H SERVICE AGREEMENT NO. 4279 U Godwin Pump and Motor Repairs yeanaonn!e 1852 THIS Godwin Pump and Motor Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Xylem Dewatering Solutions Inc., dba Godwin Pumps of America ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Godwin Pump and Motor Repairs in response to Request for Bid/Proposal No. 4279 ("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 Godwin Pump and Motor Repairs ("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 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 $269,950.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form -Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D for Services provided 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: Name: Orlando Gonzalez Department: CCW Phone: (361) 826-1885 Email: orlandog@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 Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not 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. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Orlando Gonzalez Title: Planner/Scheduler Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone:(361) 826-1885 Fax: (361) 826-4495 IF TO CONTRACTOR: Xylem Dewatering Solutions Inc., dba Godwin Pumps of America Attn: David Ladewig Title: Sales Address: 2029 N. Lexington Blvd., Corpus Christi, Texas 78409 Phone: (361) 879-0031 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D Fax: (361) 879-0044 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. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 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. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions 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. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D CONTRACTOR DocuSigned by: Signature: EURRnF,0vIJl� twl� po Printed Name'. David Ladewig Tltle: Branch Manager Date: 8/31/2022 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4279 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide pump and motor repairs, sales, and rentals for all Godwin brand pumps/motors at wastewater lift stations and treatment plants. B. The City's pump inventory, outlined in Section 4.3 consists of approximately 16 Godwin pump/motor units with 25-275 HP rating. C. The Contractor shall perform, at a minimum, the preventative maintenance service described in Attachment C at a frequency determined by the City. D. The Contractor shall provide emergency service repair and rental, on an as- needed basis. The emergency service shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. Preventative Maintenance Services Godwin Dri-Prime pumps driven by diesel engine 1 . Check all engine fluid levels (excluding fuel) and replace fluids if not at factory recommended levels 2. Air, oil, fuel filter replacement 3. Drain and replace oil 4. Engine and pump belt inspection/adjustment if necessary 5. Battery testing 6. Engine and control panel inspection 7. Trailer/skid inspection 8. Volute, impeller, discharge check 9. Venturi inspection and cleaning 10. Pump bearing bracket lubrication and greasing Godwin Dri-Prime pumps driven by electric motor 1 . Check mechanical seal oil level 2. Motor voltage test 3. Pump belt inspection/adjustment if necessary 4. Control panel and wiring inspection 5. Trailer/skid inspection 6. Volute, impeller, discharge check 7. Venturi inspection and cleaning 8. Pump bearing bracket lubrication and greasing 1 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 1.2 Scope of work A. Repairs a. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal pumps and motors. b. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o-rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. c. The Contractor shall pickup equipment for repair and deliver equipment when the repair is complete. d. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. e. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: i. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time, and outline the reason for delay. ii. Shipping costs for parts/materials iii. Costs to expedite parts/materials, if requested and approved by a City representative. iv. List of parts/components to be replaced v. Parts/materials mark-up vi. Hourly labor costs, to include Straight Time and Overtime (if approved) vii. Equipment replacement cost and lead time for new equipment f. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. g. All parts shall be equivalent to or better than OEM standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. h. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. 2 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D L All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). j. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. k. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the Contract Administrator. I. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. m. Overtime hours must be authorized in writing by a City representative. n. The Contractor shall provide a minimum one-year warranty for workmanship and parts/materials. B. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, an asset number specified by the City, and voltage. C. Rentals a. The Contractor will provide emergency rentals, as needed, for daily, weekly, or monthly rental. b. Emergency rentals shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. D. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City's expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. 3 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor's project costs at any time during the contract term. e. The City's equipment in Contractor's possession must be properly stored and secured, at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 1.3 Work Site Locations and Conditions Size # of Lift Station Name Address of Pumps HP Pumps 1 River Canyon 13842 River Ridge Dr. 4" 24.6 1 Clarkwood North 2001 Clarkwood Rd. 8" 99 1 Wooldridge 6610 Wooldridge Rd. 18" 275 9 Mobile Pumps (5) 6541 Greenwood (2)18" 2-275, Diesel and (4) Electric (2) 12" 2-151, Step Feed Pumps) (1) 6" 3-75, 4 10" 1-100 Size # of Water Address of Pumps HP Pumps (Range) 4 Utilities Yard 2726 Holly Rd. (2) 6" 60 - 80 (3) Trash Pumps (1) 8" (1) Well Point Pum (1) 6" 1.4 Special Instructions The Contractor must submit an itemized invoice with the following information: 1 . Service Agreement No. & PO No. 2. Service Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (verify markup) 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative 4 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. 5 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D ATTACHMENT B: QUOTE/PRICING SCHEDULE Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit 1 -Year Unit Price Total Price Qty Parts / Materials Estimated Mark-up Estimated price + markup 1 Parts/Materials* EA $ 125,000 %0 $125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 La bor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 Item # Description Unit 2-Year Unit Price Total Price Qt Parts / Materials Estimated Mark-up Estimated price+ markup 1 Parts/Materials* EA $ 125,000 % 0 $125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 6 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 Labor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 Item # Description Unit 3-Year Unit Price Total Price Qt Parts / Materials Estimated Mark-up Estimated price + markup % 0 $125,000.00 1 Parts/Materials* EA $ 125,000 2 Shipping Allowance for Parts/Materials EA $ 10,000 $10,000.00 3 Pick-up & Delivery EA $ 6,000 $6,000.00 Allowance 4 Rental Allowance EA $ 75,000 $75,000.00 5 Mileage Allowance EA $ 10,000 $10,000.00 6 Emergency Open EA $ 6,000 $6,000.00 La bor 7 La bor Regular Business Hours HR 300 $110.00 $33,000.00 M-F 8:00-5:00 8 La bor Afterhours, Weekends, HR 30 $165.00 $4,950.00 Holidays TOTAL $269,950.00 7 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D COMPANY: Xylem Dewatering Solutions NAME OF PERSON AUTHORIZED TO SIGN: David Ladewig ADDRESS: 2029 N Lexington Blvd CITY / STATE/ZIP: Corpus Christi, TX 78409 PHONE: 361-879-0031 EMAIL: david.ladewig@xylem.com FAX: 361-879-0044 DATE: 6/13/2022 SIGNATURE: V TITLE: Xylem Service Center Manager 8 DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 MOTOR TRUCK CARGO (or) $500,000 Combined Single Limit TRIP TRANSIT (if applicable) GARAGE KEEPERS PHYSICAL DAMAGE $500,000 Per Occurrence COVERAGE including: 1. Physical Damage on a Direct Primary Basis RIGGERS' LIABILITY $1,000,000 Per Occurrence if applicable) DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit Contracts for General Services—Services Performed Onsite—Bailee's —Rigger's Liability 07/06/2022 Risk Management—Legal Dept. DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D xylem Let's Solve Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax+1.856.467.2419 Limited Product Warranty Godwin Dri-Prime® Pump Subject to the terms and conditions below, Xylem Dewatering Solutions, Inc. ("Xylem") warrants that products manufactured by it (other than components subject to an OEM Warranty) (collectively, the "Products"), when used as intended and designed, shall be free from defects in material and/or workmanship for the applicable Warranty Period. Warranty coverage for new Products sold to the original owner begins on the date of shipment for a period of twelve (12) months or an accumulation of two thousand (2,000) hours of use, whichever occurs first (the "Warranty Period"). Engines, motors and driven components carry a separate manufacturer's (OEM) warranty (the "OEM Warranties"), unless otherwise expressly stated. OEM Warranties are in addition to this Warranty. All Warranty claims for defects in material and/or workmanship involving OEM components must be directed through the OEM distributor/dealer network. OEM Warranties may vary and are subject to change. Xylem shall have no liability under OEM warranties. Warranty claims must be submitted promptly to Xylem in writing at 84 Floodgate Road, Bridgeport NJ 08014, Attn: Warranty/Service Dept., and actually received within the applicable Warranty Period, including proof of purchase and describing in detail: (i) the applicable Warranty, (ii) the claimed Product deficiency, defect or failure, (iii) Product information required by Xylem, and (iv) sales or purchase order for any replacement parts (sent to Xylem Parts Sales Department). Returns must have prior written authorization from Xylem. Purchaser's exclusive remedies under this Warranty shall be, at Xylem's sole discretion: (i) replacement parts; or (ii) credit for the approved costs for replacement parts. These remedies are expressly limited to the replacement of the defective part(s) and do not include the replacement of the entire Product. Xylem shall not be held responsible for travel expenses, rented equipment, outside contractor's fees or unauthorized repair shop expenses. Xylem neither assumes nor authorizes any person or other company to assume for it, any other obligation in connection with the sale of its equipment. Any enlargement or modification of this by a representative or other sales agent is their exclusive responsibility. Transportation charges shall be borne by the Buyer. The Warranty does not cover any incidental or consequential costs or damages, including without limitation and not necessarily limited to: shipping or associated transportation charges, travel to and from repair sites, damages related to the loss of use, lost rentals, re-rental expenses and damages to property or other equipment. The warranty covers the above-described portable pumping equipment when used for pumping non- corrosive liquids containing limited quantities of abrasive particles in compliance with technical manuals and Company representations. This warranty shall extend only to the original owner and shall not apply to replacement of non-defective parts (such as seals, wear plates, and impellers) that may wear and need to be replaced with reasonable use within the warranty period or which may require replacement in connection with normal maintenance (such as fluids, filters, and belts). Additionally, this Warranty shall not apply to the extent Product defect has been caused by any of the following: (i) Product operator negligence or intentional misconduct (other than by Xylem), (ii) casualty or accident to the Products; (iii) use and operation of the Products not in conformance with Xylem's training and/or operation manuals, or operation exceeding Xylem ratings for the Products, including misuse and abuse; Qdwin � FLYGT DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D Attachment D - Warranty xylem Let's Solve Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax+1.856.467.2419 (iv) operation, maintenance and/or service of the Products not in conformance with Xylem's recommended operation, maintenance and/or service schedules; (v) improper installation (other than by Xylem) not in material conformance with Xylem specifications; (vi) unauthorized modification of or alternations to the Products; (vii) improper load sizing (other than by Xylem); (vii) transportation damage; or (ix) Product exposure to the elements or other acts of God. THE EXPRESS WARRANTIES PROVIDED HEREIN ARE OFFERED IN LIEU OF ALL OTHER WARRANTIES, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, XYLEM'S REPLACEMENT OF OR CREDIT FOR DEFECTIVE PARTS AS DESCRIBED HEREIN SHALL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES AND XYLEM SHALL HAVE NO ADDITIONAL OBLIGATIONS. XYLEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE TO PURCHASER OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED IN AND BY THIS WARRANTY. XYLEM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING BY OPERATION OF LAW, COURSE OF DEALING OR CUSTOM OF TRADE). XYLEM SHALL NOT BECOME LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER BY VIRTUE OF A PURCHASE AGREEMENT, THIS WARRANTY, ANCILLARY AGREEMENTS ENTERED INTO IN CONJUNCTION WITH THE FOREGOING OR ANY OTHER DOCUMENTS) FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECULATIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE INCLUDING WITHOUT LIMITATION PURCHASER'S OR ANY THIRD PARTIES' LOST PROFITS WHICH MAY RESULT FROM, BE CAUSED BY OR ARISE OUT OF: (1) BREACH OF ANY WARRANTY, REPRESENTATION OR GUARANTEE MADE BY XYLEM; (11) THE USE, OR COST OF USE, OF THE PRODUCTS; OR (III) XYLEM's PERFORMANCE OF ANY REMEDIAL WORK REQUIRED BY THIS WARRANTY. This warranty applies only to Products sold within North America and South America. Some states in the United States of America do not allow limitations of how long an implied warranty extends, or the exclusion of incidental, indirect, special or consequential damages, so that the above limitation or exclusion may not apply to you. In some Canadian provinces legislation provides for certain additional warranties or remedies other than as stated herein, and to the extent that they may not be waived, the limitations and exclusions set out above may not apply. This Warranty provides specific legal rights; other rights may be available, but may vary from state to state or from province to province. gb132608_2 10/2006. This policy is subject to change. Qdwin 3F DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary DocuSign Envelope ID:5A233D00-12DE-4DAC-BCDA-B8565CF8399D city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 6, 2022 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure Wes leyN(a)cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance-Procurement Joshc2(a)cctexas.com (361) 826-3169 Service Agreement for Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line for Corpus Christi Water CAPTION: Motion authorizing a one-year service agreement, with two one-year option periods, with CSI Consolidated, LLC, dba AIMS Companies of Houston, for closed circuit televised inspection of large diameter wastewater lines in an amount not to exceed $526,028.75, with a potential amount not to exceed $1 ,578,086.25 if options are exercised, with FY 2022 funding of $87,671 .46 from the Wastewater Fund. SUMMARY: This service agreement will assist Corpus Christi Water with the CCTV inspection of large diameter wastewater lines. BACKGROUND AND FINDINGS: The CCTV inspection of the large diameter wastewater gravity mains is critical to the proper condition assessment of these assets. Cleaning of these gravity lines will ensure that they are functioning properly and as designed. Proper condition assessment and analysis is a critical component of planning for future Capital Improvement Projects (CIP) and the design of projects that would target capacity constraints. Large diameter gravity mains are defined as having a diameter that is 24" and greater. CCW operates CCTV cleaning and inspection equipment, but it is only equipped for small diameter gravity lines with a maximum diameter of 18". PROCUREMENT DETAIL: The Finance-Procurement conducted a competitive Request for Bids process to obtain bids for a contract. The City received two responsive, responsible bids and staff is recommending the award to the lowest responsive, responsible bidder and incumbent CSI Consolidated, LLC, dba AIMS Companies. The pricing has not changed from the previous pricing with this incumbent. ALTERNATIVES: An alternative to awarding this service agreement is to reject the bid and not enter into an agreement, which would require staff to solicit quotes each time services are required. Having to solicit quotes, as needed, will result in a time delay due to procurement processes. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2022 is $87,671 .46 FUNDING DETAIL: Fund: 4200 —Wastewater Organization/Activity: 33410 —WW Collections Major Maintenance & Repair Mission Element: 042 —Wastewater collection system Project # (CIP Only): N/A Account: 530235 — Infrastructure Maintenance RECOMMENDATION: Staff recommends approval of this service agreement with CSI Consolidated, LLC, dba AIMS Companies as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB 4201 Senior Buyer: Cynthia Perez Closed Circuit Televised(CCTV)Cleaning And Inspection of Large Diameter Wastewater Lines *CSI Consolidated LLC,dba AIMS ACE Pipe Cleaning,Inc. Companies Houston,TX Kansas City,MO Item Description UNIT 12-Qt nth Unit Price Total Price Unit Price Total Price 1 JOB MOBILIZATION SEWER CLEANING,CCTV EA 6 1,700.00 $10,200.00 5,000.00 30,000.00 2 JOB MOBILIZATION EMERGENCY EA 1 2,200.00 2,200.00 10,000.00 10,000.00 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 $ 1,000.00 $ 20,000.00 $ 1,750.00 $ 35,000.00 4 TRAFFIC CONTROL COLLECTOR STREET DAY 10 $ 1,200.00 $ 12,000.00 $ 1,500.00 $ 15,000.00 5 TRAFFIC CONTROL LOCAL ACCESS STREET DAY 20 1,000.00 20,000.00 1,000.00 20,000.00 6 TRAFFIC CONTROL TXDOT ROW DAY 5 3,300.00 16,500.00 2,500.00 12,500.00 7 TRAFFIC CONTROL CHANGEABLE VARIABLE MESSAGE BOARDS EA DAY 40 $ 300.00 $ 12,000.00 $ 1,000.00 $ 40,000.00 8 LIGHT TO MEDIUM CLEANING 18"PIPE SIZE LF 2,500 2.10 5,250.00 4.00 10,000.00 9 LIGHTTO MEDIUM CLEANING 20"-21"PIPE SIZE LF 1,500 2.10 3,150.00 4.00 6,000.00 10 LIGHTTO MEDIUM CLEANING 24"PIPE SIZE LF 2,500 2.85 7,125.00 4.00 10,000.00 *11 LIGHTTO MEDIUM CLEANING 27"PIPE SIZE LF 1,200 $ 2.85 $ 342.00 $ 5.00 $ 6,000.00 12 LIGHTTO MEDIUM CLEANING 30"PIPE SIZE LF 1,200 $ 5.60 $ 6,720.00 $ 5.00 $ 6,000.00 13 LIGHTTO MEDIUM CLEANING 36"PIPE SIZE LF 1,500 $ 5.60 $ 8,400.00 $ 5.00 $ 7,500.00 14 LIGHTTO MEDIUM CLEANING 42"PIPE SIZE LF 1,200 $ 6.40 $ 7,680.00 $ 7.00 $ 8,400.00 15 LIGHTTO MEDIUM CLEANING 48"PIPE SIZE LF 800 $ 6.40 $ 5,120.00 $ 8.00 $ 6,400.00 16 LIGHTTO MEDIUM CLEANING 54"PIPE SIZE LF 800 $ 9.30 $ 7,440.00 $ 9.00 $ 7,200.00 17 LIGHTTO MEDIUM CLEANING 60"PIPE SIZE LF 800 $ 9.30 $ 7,440.00 $ 13.00 $ 10,400.00 18 HEAVY CLEANING 18"PIPE SIZE LF 2,500 $ 8.00 $ 20,000.00 $ 7.50 $ 18,750.00 19 HEAVY CLEANING 20"-21"PIPE SIZE LF 1,500 $ 8.00 $ 12,000.00 $ 7.50 $ 11,250.00 20 HEAVY CLEANING 24"PIPE SIZE LF 2,500 $ 12.25 $ 30,625.00 $ 8.50 $ 21,250.00 21 HEAVY CLEANING 27"PIPE SIZE LF 1,200 $ 12.25 $ 14,700.00 $ 8.50 $ 10,200.00 22 HEAVY CLEANING 30"PIPE SIZE LF 1,200 $ 24.50 $ 29,400.00 $ 15.00 $ 18,000.00 23 HEAVY CLEANING 36"PIPE SIZE LF 1,500 $ 24.50 $ 36,750.00 $ 18.00 $ 27,000.00 24 HEAVY CLEANING 42"PIPE SIZE LF 1,200 $ 29.15 $ 34,980.00 $ 20.00 $ 24,000.00 25 HEAVY CLEANING 48"PIPE SIZE LF 800 $ 29.15 $ 23,320.00 $ 25.00 $ 20,000.00 26 HEAVY CLEANING 54"PIPE SIZE LF 800 $ 41.60 $ 33,280.00 $ 30.00 $ 24,000.00 27 HEAVY CLEANING 60"PIPE SIZE LF 800 $ 41.60 $ 33,280.00 $ 40.00 $ 32,000.00 28 LIGHTTO MEDIUM GROUT REMOVAL 18"PIPE SIZE LF 500 $ 8.50 $ 4,250.00 $ 7.75 $ 3,875.00 CLEANING 29 LIGHTTO MEDIUM GROUT REMOVAL 20"-21"PIPE SIZE LF 250 $ 8.50 $ 2,125.00 $ 7.75 $ 1,937.50 CLEANING 30 LIGHTTO MEDIUM GROUT REMOVAL 24"PIPE SIZE LF 500 $ 10.40 $ 5,200.00 $ 8.75 $ 4,375.00 CLEANING 31 LIGHTTO MEDIUM GROUT REMOVAL 27"PIPE SIZE LF 150 $ 10.40 $ 1,560.00 $ 11.00 $ 1,650.00 CLEANING 32 LIGHT TO MEDIUM GROUT REMOVAL 30"PIPE SIZE LF 150 $ 12.50 $ 1,875.00 $ 15.00 $ 2,250.00 CLEANING 33 LIGHT TO MEDIUM GROUT REMOVAL 36"PIPE SIZE LF 250 $ 12.50 $ 3,125.00 $ 18.00 $ 4,500.00 CLEANING 34 LIGHT TO MEDIUM GROUT REMOVAL 42"PIPE SIZE LF 150 $ 18.50 $ 2,775.00 $ 20.00 $ 3,000.00 CLEANING *35 LIGHT TO MEDIUM GROUT REMOVAL 48"PIPE SIZE LF 75 $ 18.50 $ 637.50 $ 25.00 $ 1,875.00 CLEANING 36 LIGHT TO MEDIUM GROUT REMOVAL 54"PIPE SIZE LF 75 $ 25.00 $ 1,875.00 $ 30.00 $ 2,250.00 CLEANING 37 LIGHT TO MEDIUM GROUT REMOVAL 60"PIPE SIZE LF 75 $ 25.00 $ 1,875.00 $ 40.00 $ 3,000.00 CLEANING 38 HEAVY GROUT REMOVAL CLEANING 18"PIPE SIZE LF 500 $ 20.85 $ 10,425.00 $ 17.50 $ 8,750.00 39 HEAVY GROUT REMOVAL CLEANING 20"-21"PIPE SIZE LF 250 $ 20.85 $ 10,425.00 $ 20.00 $ 5,000.00 40 HEAVY GROUT REMOVAL CLEANING 24"PIPE SIZE LF 500 $ 24.50 $ 12,250.00 $ 25.00 $ 12,500.00 41 HEAVY GROUT REMOVAL CLEANING 27"PIPE SIZE LF 150 $ 24.50 $ 3,675.00 $ 30.00 $ 4,500.00 42 HEAVY GROUT REMOVAL CLEANING 30"PIPE SIZE LF 150 $ 29.70 $ 4,455.00 $ 50.00 $ 7,500.00 43 HEAVY GROUT REMOVAL CLEANING 36"PIPE SIZE LF 250 $ 29.70 $ 7,425.00 $ 50.00 $ 12,500.00 44 HEAVY GROUT REMOVAL CLEANING 42"PIPE SIZE LF 150 $ 37.55 $ 5,632.50 $ 50.00 $ 7,500.00 45 HEAVY GROUT REMOVAL CLEANING 48"PIPE SIZE LF 75 $ 37.55 $ 2,816.25 $ 50.00 $ 3,750.00 46 HEAVY GROUT REMOVAL CLEANING 54"PIPE SIZE LF 75 $ 55.00 $ 4,125.00 $ 50.00 $ 3,750.00 47 HEAVY GROUT REMOVAL CLEANING 60"PIPE SIZE LF 75 $ 55.00 $ 4,125.00 $ 50.00 $ 3,750.00 48 REVERSE SET-UP ALL PIPE SIZES EA 10 $ 75.00 $ 750.00 $ 150.00 $ 1,500.00 49 ADDER FOR ITEMS 8-47 COST PER(ADDITION) LF 100 $ 0.50 $ 50.00 $ 1.00 $ 100.00 50 CCTV 18"PIPE SIZE LF 2,500 $ 0.80 $ 2,000.00 $ 3.50 $ 8,750.00 51 CCTV 20"-21"PIPE SIZE LF 1,500 $ 0.80 $ 1,200.00 $ 3.50 $ 5,250.00 52 CCTV 24"PIPE SIZE LF 2,500 $ 0.90 $ 2,250.00 $ 3.50 $ 8,750.00 53 CCTV 27"PIPE SIZE LF 1,200 $ 0.90 $ 1,080.00 $ 3.50 $ 4,200.00 54 CCTV 30"PIPE SIZE LF 1,200 $ 1.00 $ 1,200.00 $ 3.50 $ 4,200.00 55 CCTV 36"PIPE SIZE LF 1,500 $ 1.00 $ 1,500.00 $ 3.50 $ 5,250.00 56 CCTV 42"PIPE SIZE LF 1,200 $ 1.05 $ 1,260.00 $ 4.00 $ 4,800.00 57 CCTV 48"PIPE SIZE LF 800 $ 1.05 $ 840.00 $ 6.00 $ 4,800.00 58 CCTV 54"PIPE SIZE LF 800 $ 1.10 $ 880.00 $ 7.00 $ 5,600.00 *59 CCTV 60"PIPE SIZE LF 800 $ 1.10 $ 88.00 $ 7.00 $ 5,600.00 60 DRY SOLIDS REMOVAL AND HAULING 12 YD TRUCK LOAD JEA 27 $ 110.00 $ 2,970.00 $ 995.00 $ 26,865.00 TOTAL $ 526,028.75 $ 630,727.50 *Math errors #1 1. correct amount$3,420.00 #35. correct amount$1,387.50 #39 correct amount$5,212.50 #59 correct amount $880.00 SC G° a 0 H SERVICE AGREEMENT NO. 4201 U Closed Circuit Televised (CCTV) Cleaning and Inspection of yeanaonnf� 1852 Large Diameter Wastewater Lines THIS Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CSI Consolidated LLC dba Aims Companies ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines in response to Request for Bid/Proposal No. 4201 ("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 Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines ("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 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. Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $526,028.75, subject to approved extensions and changes. Payment will be made for Services provided 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: Name: Amanda Howard Department: Utilities Department Phone: (361 ) 826-1894 Email: AmandaC@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 Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not 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. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: CSI Consolidated LLC dba Aims Companies Attn: David Groce Title: Manager Address: 3405 Almeda Genoa Rd, Houston, TX 77047 Phone: 281-485-8816 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: 281-485-8820 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. Service Agreement Standard Form -Consent Decree Page 5 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. Service Agreement Standard Form -Consent Decree Page 6 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions 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. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:78C23868-52C4-4539-BOBF-5803EO24C723 CONTRACTOR DocuS^igned by: Signature: �r�J Printed Name: David Groce Title: Manager Date: 7/13/2022 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 4201 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Closed Circuit Televised (CCTV) Inspection and Cleaning of Large Diameter Wastewater Lines within the City's right-of-way and public property as outlined in the Scope of Work. 1.2 Scope of Work A. General 1 . The scope of work consists of furnishing all labor, materials, equipment, supervision, and performing all work necessary to internally inspect, clean, and record the condition of designated wastewater collection system pipelines, ranging in diameter from 18" to 60". Work includes cleaning of the pipeline (from the most upstream reaches of the study area, downstream toward the outfall or lift station), using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. During this project, NO flow control/bypassing of the system will be allowed. All work will be performed with active flow conditions during all phases of work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use, or combination of, closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications, with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The CCTV operators working on this project must have a Pipeline Assessment and Certification Program (PACP) Certificate and Operator Reference Number. The certificates must be presented at every kickoff meeting. 3. The Corpus Christi Water Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. Revised 1 1.30.20 4. The Corpus Christi Water Department will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole locations, location descriptions, access location (i.e., street/easement), and Geographic Information System (GIS) footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. 5. It shall be the responsibility of the Contractor to adhere to all applicable Occupational Safety and Health Administration (OSHA) rules and regulations while performing work on any and all City-related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 6. The Contractor shall obtain all required municipal and other governmental licenses and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The Contractor shall request written release from responsibility for the performance of work under the contract if, and to the extent, such work is precluded by the inability to obtain such approval or consent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 7. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities, and request maps or other descriptive information as to the nature and location of such underground facilities or property, and assurance of the Contractor's ability to enter upon any public or private lands to which access is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 8. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys, and any other data relating to the design of the project, including maps, drawings, Revised 1 1.30.20 construction specifics, sewer system records, etc., as provided by the City. The Contractor shall request these documents at least five days in advance. 9. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement, at the Contractor's expense. 10.The Contractor shall have the ability to communicate with the City at all times. 11 .The Contractor shall have a cellular telephone at which the Contractor's Superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated project representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill, or an overflow. 12. If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system), or other situations that would result in a public hazard, the Contractor shall immediately halt all work on that line segment and contact the City Project Administrator. 13.The Contractor shall make every reasonable effort to control sewer and other offensive odors in the areas surrounding the work by placing odor blocks, and venting or covering opened manholes, when required. 14. In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable, and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of the cleaning and inspection. The Contractor will coordinate with property owners and/or residents to unlock gates, or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 15.All customers that refuse to allow access, vegetation clearing, or any other work required by the Contractor shall be referred to the City Project Administrator as Revised 1 1.30.20 soon as practicable and documented in writing within 48 hours for action and follow-up to be conducted by the City. B. Work and Materials Provided by the City The Corpus Christi Water Department will provide the following at no cost to the Contractor: 1 . Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to the residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers and/or streets required to remove the Contractor's equipment caught in the sewer pipe, due to sewer defects and not caused by the Contractor's negligence. See Section "Emergency Pipeline Blockage Plan". 6. The Contract Administrator will act as liaison between the Corpus Christi Water Department and the Contractor for the duration of the project. 7. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility shall be the Greenwood Wastewater Treatment Plant drying beds and is to be used only during the contract time limits, and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. Contractor shall be responsible for removing dry solids of their assigned drying beds and hauling dry solids from the Greenwood plant to a landfill for appropriate disposal as required by plant staff. Revised 1 1.30.20 1.3 Work Site and Conditions A. Traffic Control 1 . The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Unform Traffic Control Devices, which provides several typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Engineering department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. 2. For work adjacent to, in, or under Texas Department of Transportation (TxDOT) right- of-way (ROW), the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. 3. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, and the relocation of existing signs and devices as is necessary to safely complete the project. 4. Temporary traffic controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are: a. Arterials: Assumed to be 30% of work order sites. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. b. Collectors: Assumed to be 11% of work order sites. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Revised 1 1.30.20 c. Local Access Streets: Assumed to be 56%of work order sites. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. d. TxDOT ROWs: Assumed to be 3% of work order sites. TxDOT roadways/ROW are those operated and maintained by TxDOT. 5. These percentages are for information purposes only, are not guaranteed, and will vary from actual quantities awarded. Street classifications are defined, and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan, found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development- Services/Files/design-standards/UrbanTransportationPlanMap.pdf B. Water Meters 1 . The Contractor will obtain and place a refundable deposit on a City-provided hydrant meter to record water used for cleaning operations. Waterwill be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Project Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants; it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. C. Existing Utilities 1 . The Contractor shall be held responsible for the protection of existing utilities, as well as damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within, and adjacent to the established limits of work, and could be damaged as a result of the Contractor's Revised 1 1.30.20 operations, the Contractor shall take all necessary precautions to protect such utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional costs to the City, or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that may impact their work. 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally American Electric Power (AEP) or Nueces Electric Cooperative (NEC). 1.4 Safe 1 . The work contemplated under this project involves activities in and around confined spaces. The Contractor, and/or a Contrator-independently-retained employee, and/or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on- site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees have read, understand, and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training, as defined by OSHA. A. Pre-Work Submittals 1 . The submittal above shall be provided to the Contract Administrator after the Notice to Proceed of the contract, but before commencing the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: Revised 1 1.30.20 a. Residential Notification Letter (sample letter included) b. Vehicular and Pedestrian Traffic Control Plan and Procedures i. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be distributed by the Contractor's operations. ii. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in work area. These disruptions should be minimized and carried out in compliance with the City of Corpus Christi rules and regulations, regarding temporary traffic control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. iii. The Contractor shall also comply with the TxDOT Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. iv. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City's Traffic Engineering division for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of area where permits are required for work in right-of-way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic related situations. c. Sanitary Sewer Overflow/Spill Response Plan i. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, Revised 1 1.30.20 the measures that the Contractor will implement in the event that the unauthorized and untreated wastewater is discharged from the collection system as a result of the Contractor's operations. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow control/bypass flow control and plan iii. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. d. Emergency Pipeline Blockage Plan L The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment being utilized by the Contractor, or its agents, becomes lodged in the pipeline and is not retrieved by non-intrusive methods. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components. • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal iii. The Contractor shall be responsible for the removal of equipment using non-intrusive methods. The Contractor will Revised 1 1.30.20 not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contact the City immediately so the City can coordinate the removal of equipment for the Contractor. iv. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor, and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. v. If the removal is due to sewer defects that were unforeseen or not avoidable, as determined by the City, the City will provide at no cost to the Contractor. vi. The Contractor will be held liable for any fines and/or costs, direct and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. vii. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. e. Health and Safety Plan (including a Confined Space Entry Plan) L The Contractor shall submit a Health and Safety Plan in accordance with OSHA Standards 29 CFR 1910 and 1926 to the City Project Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. ii. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the project, and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are: • A written Hazard Communication and written Confined Space Entry Program, in accordance with City and OSHA standards. • Safety Data Sheet file Revised 1 1.30.20 • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 101 and 200 iii. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on- site employees to read, sign, and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. iv. The Contractor shall immediately notify the City Project Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. f. Sewage Backup/Building Remediation Services g. Quality Control and Assurance Plan h. Sewage Backup/Building Remediation Services 1.5 Pipe Cleaning Technical Provisions 1 . General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1 .500 linear feet or greater. 2. Cleaning Requirements The City of Corpus Christi Water Pre-Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact the Contract Project Administrator to schedule an inspection. 3. Equipment Requirements Revised 1 1.30.20 A. High-Velocity Jet (hydro cleaning) Equipment a. All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high-velocity nozzles. b. The nozzles shall be capable of producing a scouring action from 10 to 60 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reels. B. Hydraulically Propelled Equipment a. The equipment used shall be of a moveable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The moveable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. b. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. C. Mechanically Powered Equipment a. Bucket and/or winch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt- operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or a continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. D. Jet Vac (vactor) Cleaning Equipment a. Vactor cleaning equipment as necessary to remove debris during cleaning operation. 4. Execution Revised 1 1.30.20 A. General Sewer Line Cleaning a. Sewer line cleaning shall be performed with hydraulically propelled high-velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer set-up unless authorized by the City Project Administrator. b. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. c. Cleaning shall start from the upstream reaches of the study area, or neighborhood, and progress downstream. B. Pre-Cleaning Exploratory Investigation a. Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine classification of "Light to Medium Cleaning", "Heavy Cleaning", "Light to Medium Grout Cleaning", and "Heavy Grout Cleaning" for payment purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. C. Root Removal a. Roots shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal shall not be used on this project. D. Grease Removal a. Grease shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special Revised 1 1.30.20 attention should be given during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machine, and winches using root cutters and porcupines, as well as equipment such as high-velocity jet cleaners and hot water. Chemical means of grease removal using Environmental Protection Agency (EPA) approved chemical degreaser shall not be used on this project without prior authorization from the Contract Project Administrator. E. Manhole Cleaning a. Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in the same manner as debris removed from the sewer main cleaning. F. Debris Removal a. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood Wastewater Treatment Plant (WWTP) located at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Project Administrator. The Contractor shall coordinate dumping with the Corpus Christi Water Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipeline cleaning items. b. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. G. Cleaning and Inspection Notification Revised 1 1.30.20 a. The success of the Corpus Christi Water Department Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contract activities affecting the City of Corpus Christi Water Department customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed: b. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. c. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation, at a minimum, shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) full working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of the fifth full working day, the area will be re-notified. H. Cleaning Precautions a. During sewer cleaning operations, satisfactory precautions shall be taken in the use of all cleaning equipment. When hydraulically propelled cleaning tools that depend on water pressure to provide their cleaning force, or tools that impede the flow in the sewer line are being used, precautions shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public/private property being served by the sewer. b. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention Revised 1 1.30.20 device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. c. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Water Department requirements. I. Remediation of Backup into Buildings a. Backups into buildings that occur during cleaning, inspecting, or plugging require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and businesses. b. Upon discovery that a backup has occurred, the Contractor will immediately notify the City Project Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. c. The cleaning service firm shall be at the customer site within three (3) hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the City Project Administrator. d. Documentation of the remediation services provided shall be given to the City Project Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule a meeting with the City Project Administrator to gain access to the customer's property, shall be documented by the Contractor, and provided to the City Project Administrator. J. CCTV Requirements General a. Closed circuit television inspections will typically be done under one or more of the conditions listed below. Requirements for on- screen labeling during each line segment set up televising, video file labeling, and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive Revised 1 1.30.20 assistance from the City in the performance of work described in this specification. b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for backups and surcharges, while flow control devices are in place. Inspection Equipment and Methods a. Electronic inspections software that is National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) (version 7.0.4 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO PACP certified operator. The operator's name and NASSCO certification number is required on each inspection. c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan-and-tilt capabilities that allow up close and right-angled inspections of defected, and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high-quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Project Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be Revised 1 1.30.20 printed. In every case, all observations will be recorded in the field by currently certified PACP operators, using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute, to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of+/- 1%of the actual length to help mark observations on the report form. The video must display all notable PACP observations and codes. h. The Inspection Report shall consist of condition observations recorded using computer software generated formats conforming to NASSCO PACP version 7.0.4 or greater. Items considered notable include: deviations in alignment and grade, abnormal conditions of the pipe barrel and joints, locations and quantities of any sources of infiltration or inflow, dropped, broken, properly/improperly installed service taps, debris, roots, or other impediments to flow, and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed connection. Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with PAPC's CCTV inspection form header instructions and shall be as follows: Header Field Checklist Field # Header Field Mandatory Required for this Project 1 Surveyed By X la Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X Revised 1 1.30.20 6 Purchase Order Number 7 Pipe Segment Ref PSR X 8 Date X 9 Time 10 Street X 1 O City X 11 Location Details 12 Upstream MH No. 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label 34 Purpose 35 Sewer Category 36 Pre-Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 Work Order # X 41 Project X 42 Pressure Value 5. Flow Control Revised 1 1.30.20 A. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the advance of the television camera to allow for the highest quality picture, along with a 360-degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360-degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be ground for rejection of the inspection. B. All sewer flow from intersecting lines, which cannot be drawn down with a hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines up to 60" (inches) in diameter. Plugs in intersecting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for backups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all SSOs to the City Project Administrator and the City Call Center at (361 )826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. C. No bypass pumping is anticipated under this scope of work. 6. CCTV Reverse Set-Up A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 7. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to, portable CCTV equipment, vehicles capable of transporting TV equipment, and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. Revised 1 1.30.20 8. Work Hours Normal working hours shall be considered 8:00am to 5:00pm (0800 to 1700), Monday - Friday for the duration of the project. When authorized/required by the City Project Administrator, the Contractor may perform inspections during low flow periods to minimize impacts on traffic safety, or other various reasons as determined by the City. 9. Confined Space Entry When necessary to complete cleaning and inspection activities (including, but not limited to, plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractor will provide copies of confined space entry permits, if requested. 10. Deliverable A. Television Inspection Logs Electronic media inspection logs/records shall be kept by the Contractor and will clearly show the location, by distance in 1 /10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1/10 of a foot from the manhole wall, in relation to an adjacent manhole. B. Electronic Media Recordings a. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Corpus Christi Water Department. Each original electronic media recording of conditions and defects will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. Revised 1 1.30.20 b. The Contractor is required to provide NASSCO PACP complaint computer software-generated Inspection Report products to the Corpus Christi Water Department, as a result of each work order issued. Acceptable submissions become the property of the City. The electronic recordings will have read-only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD-ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Corpus Christi Water Department within ten (10) calendar days of the last day of the performance period. C. Quality Control a. Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lenses, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. D. Upon Completion of the Project a. Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: • Project Name • Work Order Number • Contractor Name, Address, Contact Phone Number • Date b. All required reports, databases, photographs, and video are to be from City-approved software generated formats. Hard copy reports will be printed single-side on 8 '/2" x 11 " paper, in color to improve the definition of problem areas, and delivered with the media. Revised 1 1.30.20 c. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. Hard Copy On Media 1 . Project Summary Report (pdf or X X approved equal) 2. CCTV Defect Listing Log (pdf or X X - approved equal) 3. Condition Code Summary (pdf or X X - approved equal 4. Cleaning Log (pdf or approved X X equal) 5. NASSCO PACP Complaint Access X Database 6. Video Files (mpeg, wmv, or X - approved equal) 7. Defect photographs (jpg or X approved equal) 8. Cleaning Log Summary (xlx or X approved equal) d. One report is required for each project, which may consist of an entire main line. The Contractor's software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs, arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. 11 .Measurement and Payment A. Measurement a. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. b. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract Revised 1 1.30.20 will correspond with the quantities in the Bid Proposal Sheet. The amount of work to be done may be more or less that said quantities may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the completion of the work, except as provided in the contract documents. B. Payments a. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, providing all reports and data deliverables, and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damages arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in the contract, the prices include all costs and expenses for mobilization, including, but not limited to, taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as describes in the delivery order and specified herein. b. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in the Section, and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. c. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C. Payment Items a. Mobilization L Item No. 1 Sewer Cleaning, CCTV Job Mobilization Revised 1 1.30.20 This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre-construction expense necessary for the start of the work, permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre-construction documentation, traffic control devices, work associated with the Contract support during reviews and inspection, re- inspection and storage, and final clean-up. ii. Item No. 2 Emergency Job Mobilization (1) This lump sum item shall be for mobilization within four (4) hours of notification and authorization from the City. (2) Payment for emergency mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the emergency project, including, but not limited to: multiple operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre-construction expense necessary for the start of the work, permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre-construction documentation, erosion control, traffic control devices, temporary traffic control plans, work associated with the Revised 1 1.30.20 Contractor support during reviews and inspection, re- inspection and storage, and final site clean-up. D. Traffic Control a. Item No. 3 Arterial Streets Traffic Control for Five (5) Lanes or Greater This lump sum price is per day for traffic control devices for arterial street for each work order. b. Item No. 4 Collector Streets Traffic Control for Three (3) or Four (4) Lanes This lump sum price is per day for traffic control devices for collector streets for each work order. c. Item No. 5 Residential Streets Traffic Control for Two (2) Lanes This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 6 TxDOT ROW for Traffic Control This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. e. Item No. 7 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining and removing changeable message signs. E. Line Cleaning a. Item Nos. 8 - 17 Line Cleaning, Light to Medium Cleaning i. Light to medium cleaning is for pipes wit 0% to 20% (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 18-27 Line Cleaning, Heavy Cleaning i. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. Revised 1 1.30.20 iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. c. Item Nos. 28-37 Line Cleaning, Grout Removal, Light to Medium Cleaning i. Grout that is present in the line due to faulty previous liner installation. For pipes with 20% or less (inches of grout/diameter of pipe x 100) grout debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. iv. Payment will be paid at the unit price per linear foot for the gravity main size. d. Item Nos. 38-47 Line Cleaning, Grout Removal, Heavy Cleaning i. Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. iv. Payment will be made at the unit price per linear foot for the gravity main size. e. Item No. 48 Reverse Set-Up i. Reverse CCTV set-up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. Revised 1 1.30.20 f. Item No. 49 Add For Items 8-47 L Price per linear foot (additional) for approved scheduled after-hours work and/or emergency call outs; all pipe sizes. F. CCTV Inspection a. Item Nos. 50-59 CCTV Inspection L Measurement shall be based on the linear feet of sewer main televised ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re- televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to: mobilization, furnishing all labor, equipment and materials for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. G. Dry Solids Removal and Hauling a. Item No. 60 Dry Solids Removal and Hauling L This price shall be for dry solids removal and hauling from Greenwood WWTP drying beds to landfill; per 12yd dump truck load). Revised 1 1.30.20 Attachment B- Bid Pricing Sheet CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT wf BID FORM 1852 RFB No. 4201 Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines Date: - o?D PAGE 1 OF 4 C.S� So f,' ��[ Lac dba Authorized Bidder: Signature: 1. Refer to"Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all I applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT 12- Unit Price Total Month Price Qty. 1 JOB MOBILIZATION SEWER EA 6 $ $ CLEANING, CCTV 700� ©� 2 JOB MOBILIZATION EMERGENCY EA 1 $. ��� $ .......— ....._-.. °�, a -) 3 TRAFFIC CONTROL ARTERIAL STREET DAY 20 $ Oce 0_°b $.2 f4l TRAFFIC CONTROL COLLECTOR DAY 10 $ $ STREET /1-2tv,�,�, la ood, 15 TRAFFIC CONTROL LOCAL ACCESS DAY 20 STREET $�'�po. �° $ d 000.X 6 TRAFFIC CONTROL TXDOT ROW DAY 5 $ $ 300,x .5 �U''`' 7 TRAFFIC CONTROL CHANGEABLE DAY 40 $ $ I VARIABLE , Dom,�o /�,OCC ` MESSAGE BOARDS EAI 8 rtLIGHT TO MEDIUM 18" PIPE SIZE LF 2,500 $-2. 1 b Z-5�� $ CLEANING J� o , �9 'LIGHT TO MEDIUM 20"-21" PIPE SIZE LF 1,500 $ $ CLEANING J_, 1(.9 �5 n an 10 LIGHT TO MEDIUM 24" PIPE SIZE LF 2,500 $ $ CLEANING 1 1 1 U' GHT TO MEDIUM 27" PIPE SIZE LF 1,200 $ $ 3 .00 CLEANING .� � 12 LIGHT TO MEDIUM 30" PIPE SIZE LF 1,200 $ $ r CLEANING S.CO� ( 7.2d 13 LIGHT TO MEDIUM 36" PIPE SIZE LF 1,500 $ $ � CLEANING 14 LIGHT TO MEDIUM 42" PIPE SIZE LF 1,200 $ $ CLEANING a 7 6$0?`�' 15 LIGHT TO MEDIUM 48" PIPE SIZE LF 800 $ $ CLEANINGS ,$�l 2o�' 16 LIGHT TO MEDIUM 54" PIPE SIZE LF 800 $ ` 30 $ 7 CLEANING T� 17 LIGHT TO MEDIUM 60" PIPE SIZE LF 800 $ 30 $ CLEANING ,7�` ° ,ofl 18 HEAVY CLEANING 18" PIPE SIZE LF 2,500 $ $ oaI 19 HEAVY CLEANING 20"-21" PIPE SIZE LF 1,500 $ $ I 00woo 20 HEAVY CLEANING 24" PIPE SIZE LF 2,500 $ 25- 21 HEAVY CLEANING 27" PIPE SIZE LF 1,200 $ !7 ��. $ /OC♦ !4 7m,,of 22 HEAVY CLEANING 30" PIPE SIZE LF 1,200 $ $ 23 HEAVY CLEANING 36" PIPE SIZE LF 1,500 $ �� �� $ 70-40 24 HEAVY CLEANING 42" PIPE SIZE LF 1,200 $ $ 25 HEAVY CLEANING 48" PIPE SIZE LF 800 $ $ �9. rr .231.32,6?� 26 HEAVY CLEANING 54" PIPE SIZE LF 800 $ $ 3 3 acy0 to 27 HEAVY CLEANING 60" PIPE SIZE LF 800 $ !. 0 �3 28 LIGHT TO MEDIUM 18" PIPE SIZE LF 500 $ j $ GROUT REMOVALS f -cl CLEANING _U 1 , 29 LIGHT TO MEDIUM 20"-21" PIPE SIZE LF 250 $ $ GROUT REMOVAL 60 �2 l�S�or CLEANING _ 30 LIGHT TO MEDIUM 24" PIPE SIZE LF 500 $ $ I LEOUT OVAL CANING 31 LIGHT TO MEDIUM 27" PIPE SIZE LF 150 $ $ GROUT REMOVAL CLEANING 32 LIGHT TO MEDIUM 30" PIPE SIZE LF 150 $ $ GROUT REMOVAL 5 CLEANING ! � 1��75i tin 33 LIGHT TO MEDIUM 36" PIPE SIZE LF 250 $ $ GROUT REMOVAL CLEANING /�'•�� —7 ia5` ' 34 LIGHT TO MEDIUM 42" PIPE SIZE LF 150 $ ! $ GROUT REMOVAL CLEANING ��� �� �� 775, 35 LIGHT TO MEDIUM 48" PIPE SIZE LF 75 $ $ r GROUT REMOVAL �f r �-3 $ ,3 0 CLEANING It 36 LIGHT TO MEDIUM 54" PIPE SIZE LF 75 $ $ GROUT REMOVAL 0� f CLEANING 17 37 LIGHT TO MEDIUM 60" PIPE SIZE LF 75 $ $ GROUT REMOVALcc,CLEANING / �S'°� 38 HEAVY GROUT 18" PIPE SIZE LF 500 $ $ REMOVAL c� CLEANING 39 HEAVY GROUT 20"-21" PIPE SIZE LF 250 $ $ REMOVAL CLEANING 5,21 .50 40 HEAVY GROUT 24" PIPE SIZE y LF 500 $ $ REMOVAL 'ltl7 l dot j'q q� CLEANING f1 r 41 HEAVY GROUT 27" PIPE SIZE LF 150 $ $ REMOVAL 1 -IJ 0 �� CLEANING 42 HEAVY GROUT 30" PIPE SIZE LF 150 $ $ REMOVALd CLEANING _ `� 7 �.�cc, 43 HEAVY GROUT 36" PIPE SIZE LF 250 $ $ REMOVAL CLEANING I i• �� IDZ S�p0 44 HEAVY GROUT 42" PIPE SIZE LF 150 $ $ REMOVAL CLEANING ]5 3a S`-a 45 HEAVY GROUT 48" PIPE SIZE LF 75 $ $ REMOVAL CLEANING 46 HEAVY GROUT 54" PIPE SIZE LF 75 $�-'��©6 $ REMOVAL ,(� J CLEANING rf�'�S' 47 HEAVY GROUT 60" PIPE SIZE LF 75 $ p� $ REMOVAL CLEANING LL 48 REVERSE SET-UP 1 ALL PIPE SIZES EA 10 $ 7 Ct-7 $ 7s 6 ' I 49 ADDER FOR ITEMS 8- COST PER LF 100 $ $ 47 ,ADDITION; 3 50 CCTV 18 PIPE SIZE LF 2,500 51 CCTV 20"-21" PIPE SIZE LF 1,500 $ $ i f7 .2 52 CCTV 24" PIPE SIZE LF 2,500 I $ .2 00 53 CCTV 27" PIPE SIZE LF 1,200 $ $ . qo 0 54 CCN 30" PIPE SIZE LF 1,200 55 CCTV 36" PIPE SIZE LF 1,500 $ 015 $, DO ea 56 CCTV 42" PIPE SIZE LF 1,200 $ ik 03, $�a�Dc� 57 CCTV 48" PIPE SIZE LF 800 $ $ e b (jof M 58 CCTV J-54" PIPE SIZE LF 800 $ r ,a $ �l 59 CCTV ^ 60" PIPE SIZE LF1 4 800 $ i 4 $ , $ 0.0 60 DRY SOLIDS 12 YD TRUCK EA 27 $ $ REMOVAL AND LOAD l a, HAULING 11 TOTAL $ 71- items sitems 11,35,39 and 59 have math errors 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. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of the subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator 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 for 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 $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence (Including Cleanup and Remediation) 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. Revised 1 1.30.20 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 Revised 1 1.30.20 ■ 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 4-C Contracts for General Services -Services Performed Onsite - Pollution 05/10/2021 Risk Management—Legal Dept. Revised 1 1.30.20 ATTACHMENT D: WARRANTY REQUIREMENTS No manufacturer's warranty required for this Agreement. ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 6, 2022 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a,cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance-Procurement Joshc2(a)cctexas.com (361) 826-3169 Electrical Services for Sunrise Beach, Wesley Seale Dam and Rincon Pump Station CAPTION: Motion authorizing a two-year service agreement, with three one-year options, with Scott Electric Company, of Corpus Christi, for on-call electrical services as needed at Sunrise Beach, Wesley Seale Dam, and Rincon Pump Station, in an amount not to exceed $97,625.00, with a potential amount not to exceed $244,062.50 if options are exercised, with FY 2022 funding of $8,135.42 from the Water Fund. SUMMARY: This service agreement will provide on-call electrical maintenance, repair and installation service for Sunrise Beach, Wesley Seale Dam and Rincon Pump Station. BACKGROUND AND FINDINGS: Electrical repairs are critical to the operations at Sunrise Beach, Wesley Seale Dam and Rincon Pump Station. The on-call service minimizes down-time in relation to electrical services at these locations, especially Sunrise Beach where customers use electricity for their campers and recreational vehicles on a daily basis. PROCUREMENT DETAIL: The Finance-Procurement Department conducted a competitive Request for Bids process to obtain bids for a new contract. The City received one responsive, responsible bids and staff is recommending the award to Scott Electric Company. The incumbent was Nesmith Electrical Service, LLC. The hourly rates on this contract have remained steady since 2019. ALTERNATIVES: An alternative to securing a long-term service agreement would be for Corpus Christi Water to obtain quotes on an as-needed basis. This process will require the issuance of individual service agreements and purchase orders. However, this method of doing business may not be as cost effective and efficient due to the delay in procuring the individual services as the need arises. By having an on-call agreement in place, Corpus Christi Water can minimize down-time in regard to electrical services, as well as secure the unit price throughout the term of the contract. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2022 is $8,135.42. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 30205 Sunrise Beach Mission Element: 061 Manage raw-water storage Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Cost: $5,694.80 — 70% Fund: 4010 Water Organization/Activity: 30200 Wesley Seale Dam Mission Element: 061 Manage raw-water storage Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Cost: $1 ,220.31 — 15% Fund: 4010 Water Organization/Activity: 30280 Rincon Bayou Pump Station Mission Element: 061 Manage raw-water storage Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Cost: $1 ,220.31 — 15% RECOMMENDATION: Staff recommends approval of this service agreement with Scott Electric Company as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 �yV SC G° a 0 H SERVICE AGREEMENT NO. 4194 U Electrical Services for Sunrise Beach, Wesley Seale Dam and yeanaonnf� 1852 Rincon Pump Stations THIS Electrical Services for Sunrise Beach, Wesley Seale Dam and Rincon Pump Station Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Scott Electric Company ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Electrical Services for Sunrise Beach, Wesley Seale Dam and Rincon Pump Station in response to Request for Bid/Proposal No. 4194 ("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 Electrical Services for Sunrise Beach, Wesley Seale Dam and Rincon Pump Station ("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 two 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 three 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. Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 3. Compensation and Payment. This Agreement is for an amount not to exceed $97,625.00, subject to approved extensions and changes. Payment will be made for Services provided 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: Name: Diana Zertuche-Garza Department: Utilities Department Phone: (361 ) 826-1627 Email: 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 Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not 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. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: 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: Scott Electric Company Attn: Tino Vasquez Title: Vice President Address: 2001 N. Port Ave, Corpus Christi, TX 78401 Phone: 361-884-6326 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 Fax: 361-884-9612 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. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 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. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions 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. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 CONTRACTOR DocuSigned by: Signature: fi" uxsvj Printed NameTino Vasquez : Title: Vice President Date: 7/22/2022 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 4194 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 Attachment A: Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide Electrical services at Sunrise Beach, Rincon Pump Station and Wesley Seale Dam on an as needed basis as per the Scope of Work. B. The Contractor shall maintain enough responsible, trained, licensed personnel to provide the services. C. Under this contract, most of the work will be performed by the Journeyman Electrician and Apprentice (if needed). The Contractor shall include master electrician in the estimate if the work requires to pull permits for construction and installation, to oversee apprentices and Journeyman as per project requirement or approved by the Contract Administrator. D. The Contractor shall provide labor, supervision, tools, equipment, and transportation necessary to perform the services. E. All work performed must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, federal, state, local codes and regulations. 1.2 Scope of Work - General A. General 1 . The Contractor shall be able to perform specified services for normal hours of operation (8:00 a.m. to 5:00 p.m.), afterhours, weekends and Holidays on an as needed basis. 2. The Contractor shall receive work order requests and return phone requests within 30 minutes of a call being placed by City Staff. 3. The Contractor shall be on site within two hours or within an agreeable time frame determined by the City and the Contractor of receipt of work order requests. 4. The Contractor shall be responsible for contacting the electrical provider when it is necessary to turn off incoming power while work is being performed. When the job is completed, the Contractor shall also be responsible for restoring the power. 5. The Contractor shall repair the electrical deficiencies within 24-hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24-hours. 6. The Contractor shall have a sufficient number of licensed electrical technicians registered with the State of Texas in accordance with Texas DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 Department of Licensing and Regulations (TDLR) and be clean of TDLR violations three years prior to solicitation date. 7. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having jurisdiction. 8. The Contractor shall ensure that all personnel are continuously trained to meet the latest electrical technology and industry standards. 9. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the general public during performance of all services under this agreement. 10. The Contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. 11 . All personnel assigned to the service agreement shall wear proper working attire, including safety equipment and any company issued photo identification, if issued by the Contractor. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts, tank-tops or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. 12. Contractor shall furnish all necessary management, supervision, labor, equipment, materials, transportation, and supplies required to repair, alter electrical systems. All work performed and services provided must be accomplished in a manner that meets all applicable original equipment specifications, trade standards and provisions, and federal, state and local codes and regulations. 13. Contractor shall dispose of all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 14. All materials used must be factory new/unused and free of defects in materials and workmanship. 15. Contractor is responsible for making repairs to or replacement of any material or equipment damaged during the completion of work or as the result of action or inaction by contractor's staff. 16. The City retains the right to retain ownership of any or all electrical equipment purchased under this agreement at the City's sole discretion. 17. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise specified by the Contract Administrator or designee. 18. Contractor must clean work site from debris or hazards at the end of every work day. DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 19. At the time of completion of any and all repairs, the Contractor shall report back to the Contract Administrator. 20. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be left with personnel at the location site to be forwarded to the Contract Administrator. The work order or repair slip shall contain the following information: • Site location of the equipment repaired • Details of what work was performed • Name and number of any parts which required replacement 21 . If any item of equipment covered under this service agreement is deemed non-repairable, the Contractor shall immediately notify the Contract Administrator. 22. If repairs are deemed major, defined as exceeding $1 ,000.00, Contractor shall provide a cost estimate to include all labor, parts, costs associated to replace/repair requested items. Utilizing the pricing provided in the agreement. 23. Contractor shall take care to limit the interference with the day-to-day operations of the building occupants. Precautions should be taken at all times to protect pedestrians and building occupants during the work performance. B. The Contractor shall perform the following Electrical services on as needed basis include but not limited to: 1 . Assemble, install, test and maintain electrical or electronic wiring, equipment, appliances, apparatus, and fixtures. 2. Diagnose malfunctioning systems, apparatus, and components, using test equipment and hand tools, to locate the cause of a breakdown and correct the problem. 3. Repair of Data and telephone cabling. 4. Connect wires to circuit breakers, transformers, or other components. 5. Inspect electrical systems, equipment, and components to identify hazards, defects, and the need for adjustments or repairs, and to ensure compliance with codes. 6. Advise management on whether continued operation of equipment could be hazardous. 7. Test electrical systems and continuity of circuits in electrical wiring, equipment, and fixtures, using testing devices such as ohmmeters, voltmeters, and oscilloscopes, to ensure compatibility and safety of system. DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 8. Plan layout and installation of electrical wiring, equipment and fixtures, based on job specifications and local codes. 9. Prepare sketches or follow blueprints to determine the location of wiring and equipment and to ensure conformance to building and safety codes. 10. Use a variety of tools and equipment such as power construction equipment, measuring devices, power tools, and testing equipment including oscilloscopes, ammeters, and test lamps. 11 . Install ground leads and connect power cables to equipment, such as motors. 12. Repair or replace wiring, equipment, and fixtures, using hand and power tools. 13.Work from ladders, scaffolds, and roofs, to install, maintain or repair electrical wiring, equipment, and fixtures. 14. Place conduit (pipes or tubing) inside designated partitions, walls or other concealed areas, and pull insulated wires or cables through the conduit to complete circuits between boxes. 15.Construct and fabricate parts, using hand tools and specifications. 16. Fasten small metal or plastic boxes to walls to house electrical switches or outlets. 17. Perform physically demanding tasks, such as digging trenches to lay conduit and moving and lifting heavy objects. 18. Provide assistance during emergencies by operating floodlights and generators, placing flares, and driving needed vehicles. 1.3 Work Site and Conditions A. The Work will be performed at the following locations: Wesley Seale Dam 299 County Road #365 Sandia, Texas 78383 Sunrise Beach 22825 Park Road 25 Mathis, Texas 78368 Rincon Pump Station 2340 Private Rd 1929 Odem, Texas 78370 1.4 Contractor Quality Control, Superintendence and Site Control A. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 Contractor shall ensure that all personnel are continuously trained to meet the latest electrical technology and industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Contractor's employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. C. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize any interference to the building occupants with the day-to-day operations. The Contractor shall ensure the safety of its employees, City employees, and the public during performance of all services under this agreement. D. The Contractor shall protect from damaging all existing improvements or utilities at or near the site of the work and shall repair or restore any damage to such facilities resulting from failure to comply with the requirements of this Contract or the failure to exercise reasonable care in the performance of the work. If the Contractor fails or refuses to repair any such damages promptly, the Contract Administrator may have the necessary work performed and charge the cost thereof to the Contractor. E. The Contractor shall not store worn or defective parts on City premises at the end of the work day, unless otherwise approved by the Contract Administrator. 1.5 Completion A. Upon completion of each job, the Contractor shall conduct careful inspection with the department personnel and shall correct all defective work to the satisfaction of the Contract Administrator. B. Remove all scrap, litter and debris resulting from operations specified herein and leave work and premises in clean and satisfactory conditions. 1.6 Invoicing A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1. Service Agreement No. and PO No. 2. Name and address of service location 3. Description of service work 4. Itemized list of parts repaired/replaced B. The Contractor shall mail the original invoice to the address below and email a DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 copy to Utilities Dept@cctexas.com. City of Corpus Christi Attn: AP/Utilities Dept. P. O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Warran A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer's warranty for any period in excess of 12 months, then the manufacturer's warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer's warranty period. DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C481DHA6 /1I ILII.[ II I ICI II D. DIU/Pricing Schedule SC � CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT U � BID FORM NCOR pn xl`'0 1852 RFB No. 4194 Electrical Services for Sunrise Beach, Wesley Seale Dam and Rincon PAGE 1 OF 2 Date: June 14, 2022 Authorized Bidder: Scott Electric Company Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Total Price Price 1 Master Electrician, Normal HRS. 75 $ 70.00 $5,250.00 Hours 8:00 AM to 5:00 PM 2 Journeyman Electrician, HRS. 125 $65.00 $8,125.00 Normal Hours 8:00 AM to 5:00 PM 3 Apprentice, Normal Hours HRS. 100 $50.00 $ 5,000.00 8:00 AM to 5:00 PM 4 Master Electrician, HRS. 25 $ 105.00 $ 2,625.00 Afterhours, Weekends and Holidays DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 5 Journeyman Electrician, HRS. 50 $ 97.50 $4,875.00 Afterhours, Weekends and Holiday 6 Apprentice, HRS. 50 $ 75.00 $ 3,750.00 Afterhours, Weekends and Holidays Estimated Markup (%) Estimated Spend Spend+ Markup 7 Parts/Material (Receipts $50,000 $ 60,000.00 must be submitted) 24_% 8 Freight Allowance for $ 6,000 ` '� $6,000 Parts/Materials 9 Allowance for Permits $ 2,000 $2,000 21 T talc $ 97,625.00 7' 1 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 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 (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 for 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 $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must 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 DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 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 ■ 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. DocuSign Envelope ID: EE598825-C48B-4D1 13-8555-CAE5C48DHA6 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. Bond Requirements: No bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID: EE598825-C48B-4D1 B-8555-CAE5C48DF6A6 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer's warranty for any period in excess of 12 months, then the manufacturer's warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer's warranty period. Page 1 of 1 City of Corpus Christi Bid Tabulation Procurement Department Senior Buyer:Cynthia Perez RFB 4194 Electrical Services for Sunrise Beach,Wesley Seale Dam and Rincon PS Scott Electric Company Corpus Christi,TX ITEM Description QTY Unit Unit Price Total Price Master Electrician,Normal Hours 1 HRS. 75 $70.00 $ 5,250.00 8:00 AM to 5:00 PM Journeyman Electrician,Normal 2 HRS. 125 $65.00 $ 8,125.00 Hours 8:00 AM to 5:00 PM Apprentice,Normal Hours 8:00 3 HRS. 100 $50.00 $ 5,000.00 AM to 5:00 PM 4 Master Electrician,Afterhours, HRS. 25 $105.00 $ 2,625.00 Weekends,and Holiday Journeyman Electrician, 5 Afterhours,Weekends,and HRS. 50 $97.50 $ 4,875.00 Holiday 6 Apprentice,Afterhours, HRS. 50 $75.00 $ 3,750.00 Weekends,and Holiday Estimated Mark up(%) Estimated Spend Spend +Markup Parts/Material(Receipts must be 7 submitted) $50,000.00 20o� $ 60,000.00 Freight Allowance for s $6,000.00 $ 6,000.00 Parts/Materials 9 Allowance for Permits $2,000.00 $ 2,000.00 TOTAL $ 97,625.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-3042 Josh Chronley, Assistant Director of Finance — Procurement Josh C2(a)cctexas.com (361) 826-3169 Pressure Washing of Heavy Equipment for Solid Waste Services CAPTION: Motion authorizing a four-year service agreement with Juan C. Valdez, an individual doing business as Kingdom Sower's, of Corpus Christi, in an amount not to exceed $163,440 for pressure washing heavy equipment at the J.C. Elliott Transfer Station, with FY 2022 funding of $3,405 from the General Fund. SUMMARY: This motion authorizes services that will be utilized by Solid Waste Services for pressure washing of heavy equipment at the JC Elliott Transfer Station in an amount not to exceed $163,440. BACKGROUND AND FINDINGS: The Contractor will provide pressure washing services and is responsible for furnishing all equipment, material, and labor to adequately clean all the heavy equipment such as tractors, loaders, haul trucks, dump trucks, and other equipment on a rotating basis. The equipment is for the transfer station operations, landfill maintenance, graffiti removal and compliance. PROCUREMENT DETAIL: The Contracts and Procurement division conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received a total of two bids and is recommending award to the lowest responsive, responsible bidder, Juan C. Valdez, doing business as Kingdom Sower's. The recommendation is to award the agreement to the incumbent with a total value increase of approximately 46%. The price increase comes from the increased number of equipment to be serviced in comparison to the previous contract, and the cost of inflation that has risen prices for goods and services across the board. The incumbent has maintained a satisfactory level of service through their most recent three-year contract. Staff is confident in the bidder's work and is recommending award. ALTERNATIVES: Purchase and maintain pressure washing equipment and add staff above and beyond current levels to perform service at an increased cost. FISCAL IMPACT: The fiscal impact to for FY 2022 is in the amount of $3,405. The annual cost is not to exceed $40,860. The total not-to-exceed amount through the four-year agreement is $163,440. FUNDING DETAIL: Fund: 1020 Organization/Activity: 12506 Mission Element: 033 Account: 520130 Amount: $821 .67 Fund: 1020 Organization/Activity: 12504 Mission Element: 033 Account: 520130 Amount: $455.00 Fund: 1020 Organization/Activity: 12514 Mission Element: 032 Account: 520130 Amount: $60.00 Fund: 1020 Organization/Activity: 13870 Mission Element: 032 Account: 520130 Amount: $2,068.33 RECOMMENDATION: Staff recommends approval of this motion authorizing a four-year service agreement with Juan C. Valdez, an individual doing business as Kingdom Sower's, for the pressure washing of heavy equipment. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Us� City of Corpus Christi Bid Tabulation 0 a Finance - Procurement RFB 4256-Pressure Washing of Heavy Equipment Senior Buyer: Tracy Garza Solid Waste Department 18852 Juan C.Valdez dba Hero Pressure Washing,LLC Kingdom Sower's Corpus Christi,TX Corpus Christi,TX ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 2022-KUBOTA-TRUCKSTER,4 WHEEL&GOLF CARTS 1 WASH:ONCE PER MONTH EA 48 $ 15.00 $ 720.00 $ 35.00 $ 1,680.00 UNIT NO.:0514 2021 -GRASSHOPPE MOWERS,RIDING,ROTARY 72" 2 WASH:TWICE PER MONTH EA 288 $ 15.00 $ 4,320.00 $ 35.00 $ 10,080.00 UNIT NO.:0551,0565,0566 2017/2021 -MODERN-MOWER,BATWING, 15' 3 WASH:TWICE PER MONTH EA 192 $ 15.00 $ 2,880.00 $ 35.00 $ 6,720.00 UNIT NO.:2010,2013 2015/2020-FREIGHTLIN,DUMP, 18 YD 4 WASH:TWICE PER MONTH EA 288 $ 50.00 $ 14,400.00 $ 75.00 $ 21,600.00 UNIT NO.:0529,2074,2075 2020-WESTERN STAR,TANK TRUCK 5 WASH:ONCE PER MONTH EA 48 $ 25.00 $ 1,200.00 $ 75.00 $ 3,600.00 UNIT NO.:0532 2020-JOHN DEERE,LOADER,WHEEL,3 CUBIC YARD 6 WASH:ONCE PER MONTH EA 48 $ 50.00 $ 2,400.00 $ 75.00 $ 3,600.00 UNIT NO.:0537 2020-JOHN DEERE,DOZER,HEAVY,LANDFILL 7 WASH:ONCE PER MONTH EA 48 $ 50.00 $ 2,400.00 $ 75.00 $ 3,600.00 UNIT NO.:0538 2019-BROCE,SWEEPER,NON-PICKUP,SINGLE BROOM, *8 SELF-PROPE EA 96 $ 15.00 $ 1,440.00 $ 75.00 $ 7,200.00 WASH:TWICE PER MONTH UNIT NO.:0538 2017-KUBOTA,TRACTOR,60 HP,DIESEL W/FRONT END 9 LOADER EA 96 $ 30.00 $ 2,880.00 $ 50.00 $ 4,800.00 WASH:TWICE PER MONTH UNIT NO.:2011 2017-FORD,2TON,CREW CAB,SERVICE BODY,CRANE 10 WASH:TWICE PER MONTH EA 96 $ 15.00 $ 1,440.00 $ 50.00 $ 4,800.00 UNIT NO.:2020 2014-FORD,PICKUP, 1/2 TON,EXTENDED BI-FUEL 11 WASH:TWICE PER MONTH EA 288 $ 15.00 $ 4,320.00 $ 75.00 $ 21,600.00 UNIT NO.:2032,2033,2037 2014-JOHN DEERE,MOWERS,RIDING,ROTARY 72" 12 WASH:ONCE PER MONTH EA 48 $ 20.00 $ 960.00 $ 35.00 $ 1,680.00 UNIT NO.:2096 2020-CHEVROLET,SEDAN,SMALL COMPACT 13 WASH:TWICE PER MONTH EA 480 $ 15.00 $ 7,200.00 $ 50.00 $ 24,000.00 UNIT NO.:2085,2086,2087,2090,2097 2021 -CLUB CAR,TRUCKSTER,4 WHEEL&GOLF CARTS *14 WASH:ONCE PER MONTH EA 48 $ 15.00 $ 720.00 $ 35.00 $ 1,680.00 UNIT NO.:2088 2019-FREIGHTLIN,BRUSH,SELF LOADER 15 WASH:TWICE PER MONTH EA 192 $ 50.00 $ 9,600.00 $ 75.00 $ 14,400.00 UNIT NO.:2065,2066 2015-CHEVROLET,VAN 1 TON PASSENGER 16 WASH:TWICE PER MONTH EA 96 $ 15.00 $ 1,440.00 $ 50.00 $ 4,800.00 UNITO NO.:0549 2013,FORD,PICKUP, 1/2 TON,EXTENDED 17 WASH:TWICE PER MONTH EA 192 $ 15.00 $ 2,880.00 $ 50.00 $ 9,600.00 UNIT NO.:2098,2099 2022-FORD,F550 4X4 REG CAB CHASSIS 18 WASH:TWICE PER MONTH EA 192 $ 15.00 $ 2,880.00 $ 50.00 $ 9,600.00 UNIT NO.:2025,2026 2022-KUBOTA-TRUCKSTER,4 WHEEL&GOLF CARTS 19 WASH:ONCE PER MONTH EA 48 $ 15.00 $ 720.00 $ 35.00 $ 1,680.00 UNIT NO.:0516 2022-SPEC TEC,TRAILER-WALKING FLOOR 20 WASH:TWICE PER MONTH EA 192 $ 30.00 $ 5,760.00 $ 100.00 $ 19,200.00 UNIT NO.:1724, 1725 2021 -JOHN DEERE,LOADER,WHEEL,3 CUBIC YARD 21 WASH:ONCE PER MONTH EA 48 $ 40.00 $ 1,920.00 $ 75.00 $ 3,600.00 UNIT NO.:0530 2021 -GRASSHOPPE MOWERS,RIDING,ROTARY 72" 22 WASH:ONCE PER MONTH EA 48 $ 25.00 $ 1,200.00 $ 35.00 $ 1,680.00 UNIT NO.:0550 2021-CATERPILLA/JOHN DEERE,EXCAVATOR,LARGE, 23 PLUS EA 192 $ 50.00 $ 9,600.00 $ 75.00 $ 14,400.00 WASH:TWICE PER MONTH UNIT NO.:1784, 1788 2021 -WESTERN STAR,TRUCK TRACTOR,PLAIN,TANDEM 24 AXLE EA 96 $ 50.00 $ 4,800.00 $ 75.00 $ 7,200.00 WASH:TWICE PER MONTH UNIT NO.:1786 2020-STECO,TRAILER,GEN PURPOSE,2-3 AXLE, 25 21-50 TON EA 192 $ 50.00 $ 9,600.00 $ 75.00 $ 14,400.00 WASH:TWICE PER MONTH UNIT NO.:1722, 1723 2018-CASE,LOADER,WHEEL,5 CUBIC YARD,LANDFILL 26 WASH:ONCE PER MONTH EA 96 $ 40.00 $ 3,840.00 $ 75.00 $ 7,200.00 UNIT NO.:1781, 1782 2018-JOHN DEERE,TRACTOR/LOADER/BACKHOE 27 WASH:ONCE PER MONTH EA 48 $ 50.00 $ 2,400.00 $ 75.00 $ 3,600.00 UNIT NO.:1785 2018-PETERBILT.TRUCK TRACTOR W/HYDRAULIC 28 WET KIT EA 480 $ 50.00 $ 24,000.00 $ 75.00 $ 36,000.00 WASH:TWICE PER MONTH UNIT NO.:1787, 1791, 1792, 1793, 1794 2017- FORD,2 TON,CREW CAB,SERVICE BODY,CRANE 29 WASH:TWICE PER MONTH EA 96 $ 25.00 $ 2,400.00 $ 75.00 $ 7,200.00 UNIT NO.:2064 2012/2016-WARREN,TRAILER,GEN PURPOSE,2-3 AXLE, 30 21-50 TON EA 384 $ 50.00 $ 19,200.00 $ 75.00 $ 28,800.00 WASH:TWICE PER MONTH UNIT NO.:1727, 1728, 1789, 1790 2015-PETERBILT,TRUCK TRACTOR,PLAIN,TANDEM AXLE 31 WASH:TWICE PER MONTH EA 96 $ 50.00 $ 4,800.00 $ 75.00 $ 7,200.00 UNIT NO.:1797 2015-FREIGHTLIN,BRUSH,SELF LOADER 32 WASH:TWICE PER MONTH EA 96 $ 50.00 $ 4,800.00 $ 75.00 $ 7,200.00 UNIT NO.:2056 2014/2015-FORD,PICKUP, 1/2 TON,3/4 TON 4X4, 33 1 TON EA 288 $ 15.00 $ 4,320.00 $ 50.00 $ 14,400.00 WASH:TWICE PER MONTH UNIT NO.:2042,2063,2072 GRAND TOTAL $ 163,440.00 $ 328,800.00 *Mafhmafical extension errors on#'s 8 and 14,Grand Total of Bid is correct. DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4256 U PRESSURE WASHING OF HEAVY EQUIPMENT FOR SOLID yeanaonnf� 1852 WASTE OPERATIONS THIS Pressure Washing of Heavy Equipment for Solid Waste Operations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Juan C. Valdez, an individual doing business as, Kingdom Sower's ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pressure Washing of Heavy Equipment for Solid Waste Operations in response to Request for Bid/Proposal No. 4256 ("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 Pressure Washing of Heavy Equipment for Solid Operations ("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 four 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. Service Agreement- Pressure Washing for Solid Waste Page 1 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 3. Compensation and Payment. This Agreement is for an amount not to exceed $163,440.00, subject to approved extensions and changes. Payment will be made 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: Name: Gabriel Maldonado Department: Solid Waste Operations Phone: (361 )-826-1986 Email: GabrielM3@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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 Service Agreement- Pressure Washing for Solid Waste Page 2 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not 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. Service Agreement- Pressure Washing for Solid Waste Page 3 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 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: Gabriel Maldonado Title: Contracts / Funds Administrator Address: 2525 Hygeia St. I Corpus Christi, TX 78415 Phone: (361) 826-1986 Fax: (361 ) 826-1971 IF TO CONTRACTOR: Juan C. Valdez, dba, Kingdom Sower's Attn: Juan C. Valdez Title: Owner Address: 6113 Saratoga, Ste. F #110, Corpus Christi, Texas 78414 Phone: 361-655-1098 Service Agreement- Pressure Washing for Solid Waste Page 4 of 8 DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City 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. Service Agreement- Pressure Washing for Solid Waste Page 5 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement- Pressure Washing for Solid Waste Page 6 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement- Pressure Washing for Solid Waste Page 7 of 8 DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 CONTRACTOR cuSigned by: Signature: Do (�, Printed Name: Juan Valdez Title: owner Date: 8/31/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Approved as to form: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Release of Liability and Covenant Not to Sue Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4256 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement- Pressure Washing for Solid Waste Page 8 of 8 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 ATTACHMENT A - SCOPE OF WORK General Requirements/Background Information The Contractor shall provide Pressure Washing of Heavy Equipment and Vehicles as outlined in this Scope of Work. Scope of work A. The Contractor will provide power washing for heavy equipment and vehicles used by the Solid Waste Department as follows: • Cefe and JC Elliott TRF Station - heavy equipment and vehicles forty-seven (47) units will be washed twice (2) per month during the fiscal year. • Compliance- heavy equipment and vehicles eleven (1 1) units will be washed twice (2) per month during the fiscal year. • Graffiti - vehicles two (2) units will be washed twice (2) per month during the fiscal year. • A total of sixty (60) units in the fleet will require power washing twenty-one (21 ) to twenty-five (25) units will be washed every Sunday on a rotating basis. • Contractor must provide a hot water pressure washer to remove grime, mud and grease and a shop vac to clean the interior floorboard of any debris. • Contractor will wash exterior, of heavy equipment and between cab and body, engine/transmission area, and raise bed and wash frame area to rear ends and under body. • Contractor shall clean all glass surfaces, which includes removing all detergent film and drying to leave glass streak & spot free. This includes removing all detergent film and drying. Glass and mirror surfaces will be 100% streak and spot free. • No washing will be required inside of cab. B. The Contractor will confine all operations to daylight hours, sunrise to sunset. C. The washing will be done at the JC Elliott TRF Station wash pad located at 7001 Ayers Street, Corpus Christi, Texas 78415. DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 D. The City will provide the water, which will supply at least 5 to 10 gallons per minute. E. The City will provide a clean sump/tank before the contractor begins the power washing. It will be the responsibility of the City to empty the wash water from the sump/tank. F. The City's Contract Administrator will establish a schedule for the trucks that need to be washed. The Contractor will be responsible to drive the trucks to the wash pad and, when finished, will drive the trucks back to their original location. G. The City intends to establish a routine schedule. However, if there is inclement weather that prohibits the scheduled washing the Contractor shall contact the Contract Administrator to arrange for washing on the following Sunday. H. The Contractor must possess a valid Texas Class B CDL Driver's License. Contractor must provide a copy of Driver's License and Texas Department of Public Safety Type II Driver Record to Contract Administrator. I. Only cleaners and de-greasers that have been approved by the City's Contract Administrator may be used in the performance of the washing service. To comply with EPA regulations, the Contractor must identify all products to be used and provide Safety Data Sheets with bid. All cleaning chemicals used must not damage any parts of the vehicles including, but not limited to glass, metal, paint, plastic, etc. to be cleaned. Any damage will be the responsibility of the contractor to repair/replace as needed. On occasion a brightener to clean aluminum will be used on every other wash. J. The City will provide a lockbox with the keys of the vehicles to be washed. All keys will be returned to the lockbox when work is completed that day, or the Contractor will pay a $25 fine for each missing key. These keys will not be taken away from the property. No keys will be duplicated for any reason. The contractor will be liable for re-keying, should this be compromised due to Contractor's negligence. K. Contractor will clean up wash area upon completion of work each day and remove any remaining trash and debris. 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. DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 � uS ATTACHMENT B - PRICING SCHEDULE CITY OF CORPUS CHRISTI w � H CONTRACTS AND PROCUREMENT v BID FORM aOflPOP AE 1852 RFB NO. 4256 j PRESSURE WASHING OF HEAVY EQUIPMENT PAGE 1 OF 5 Date: Vel Authorized Bidder: Kovidom 5v e J�j"fj Signature: i 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a, the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. i Complete the following Bid Form. i I i i i i i i i i i DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 i ITEM DESCRIPTION UNIT QTYS UNIT PRICE TOTAL PRICE 2022 - KUBOTA - TRUCKSTER, 4 WHEEL & GOLF CARTS q= ua I WASH: ONCE PER MONTH EA 48 f S ?Zv UNIT NO.: 0514 2021 - GRASSHOPPE MOWERS, RIDING, ROTARY 72" d_, 2 WASH: TWICE PER MONTH EA 288 S '1 3 Z a UNIT NO.: 0551, 0565, 0566 2017 / 2021 - MODERN - MOWER, BATWING, 15' 3 WASH: TWICE PER MONTH EA 192 $ Z�tf° I UNIT NO.: 2010, 2013 2015 / 2020 - FREIGHTLIN, DUMP, 18 YD 4 WASH: TWICE PER MONTH EA 288 150 y q010 UNIT NO.: 0529, 2074, 2075 2020- WESTERN STAR, TANK TRUCK 5 WASH: ONCE PER MONTH EA 48 2,5 UNIT NO.: 0532 Z� a 2020- JOHN DEERE, LOADER, WHEEL, 3 CUBIC YARD �=- 6 EA 48 So WASH: ONCE PER MONTH UNIT NO.: 0537 ZLfoc 2020- JOHN DEERE, DOZER, HEAVY, LANDFILL WASH: ONCE PER MONTH EA 48 ;)-qd 0 UNIT NO.: 0538 2019- BROCE, SWEEPER, NON-PICKUP, SINGLE BROOM, SELF-PROPE 13 ' o 8 WASH: TWICE PER MONTH EA 96 ��v � V UNIT NO.: 0538 1,440.00 2017- KUBOTA, TRACTOR, 60 HP, DIESEL W/FRONT END LOADER 9 EA 96 WASH: TWICE PER MONTH 4 UNIT NO.: 2011 2017 -FORD, 2 TON, CREW CAB, o� j SERVICE BODY, CRANE 15, uJ I 10 EA 96 WASH: TWICE PER MONTH UNIT NO.: 2020 '7 If DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 I ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE i 2014- FORD, PICKUP, 1/2 TON, O EXTENDED BI-FUEL IS' o� 11 EA 288 WASH: TWICE PER MONTH 4 UNIT NO.: 2032, 2033, 2037 2014- JOHN DEERE, MOWERS, RIDING, ROTARY 72" c�S2 12 WASH: ONCE PER MONTH EA 48 7 UNIT NO.: 2096 2020- CHEVROLET, SEDAN, SMALL 0 COMPACT " tl fS 13 EA 480 WASH: TWICE PER MONTH ? Zo 0 UNIT NO.: 2085, 2086, 2087, 2090, 2097 2021 - CLUB CAR, TRUCKSTER, 4 WHEEL & add this amount t GOLF CARTS o. rand Iota"-DS j 14 WASH: ONCE PER MONTH EA 48 15 `7 Lo UNIT NO.: 2088 2019- FREIGHTLIN, BRUSH, SELF LOADER 15 WASH: TWICE PER MONTH EA 192 0 UNIT NO.: 2065, 2066 6 2015- CHEVROLET, VAN, 1 TON PASSENGER 00 16 WASH: TWICE PER MONTH EA 96 ( � UNIT NO.: 0549 2013, FORD, PICKUP, 1/2 TON, EXTENDEDQg o 17 WASH: TWICE PER MONTH EA 192 i Z UNIT NO.: 2098, 2099 0,0 2022- FORD, F550 4X4 REG CAB CHASSIS .� ! 18 WASH: TWICE PER MONTH EA 192 i UNIT NO.: 2025, 2026 �-�0 2022- KUBOTA -TRUCKSTER, 4 WHEEL & GOLF CARTS 19 EA 48 WASH: ONCE PER MONTH UNIT NO.: 0516 I 2022 -SPEC TEC, TRAILER - WALKING FLOOR 20WASH: TWICE PER MONTH EA 192 3 0 T716 UNIT NO.: 1724, 1725 ' DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 2021 - JOHN DEERE, LOADER, WHEEL, 3 CUBIC YARD 21 EA 48 WASH: ONCE PER MONTH Lfo UNIT NO.: 0530 �Za 2021 - GRASSHOPPE MOWERS, RIDING � ROTARY 72" i 22 WASH: ONCE PER MONTH EA 48 Z U UNIT NO.: 0550 Zv 2021 - CATERPILLA / JOHN DEERE, EXCAVATOR, LARGE, PLUS 7 �-a 23 EA 192 WASH: TWICE PER MONTH 6 o UNIT NO.: 1784, 1788 i c 2021 - WESTERN STAR, TRUCK TRACTOR, i PLAIN, TANDEM AXLE S 0 24 EA 96 WASH: TWICE PER MONTH UNIT NO.: 1786 `( b J i 2020- STECO, TRAILER, GEN PURPOSE, 2-3 n s AXLE, 21-50 TON 25 WASH: TWICE PER MONTH EA 192 UNIT NO.: 1722, 1723 2018- CASE, LOADER, WHEEL, 5 CUBIC YARD, LANDFILL 26 WASH: ONCE PER MONTH EA 96 Li 0 UNIT NO.: 1781, 1782 3e 2018 - JOHN DEERE, TRACTOR/LOADER/BACKHOE �-� 27 EA 4$ WASH: ONCE PER MONTH UNIT NO.: 1785 2018- PETERBILT. TRUCK TRACTOR W/ HYDRAULIC WET KIT �v 28 WASH: TWICE PER MONTH EA 480 �� �d j UNIT NO.: 1787, 1791, 1792, 1793, 1794 2017- FORD, 2 TON, CREW CAB, SERVICE BODY, CRANE ZS 29 WASH: TWICE PER MONTH EA 96 i UNIT NO.: 2064 I { DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 2012 / 2016- WARREN, TRAILER, GEN f' PURPOSE, 2-3 AXLE, 21-50 TON 0 30 EA 384 WASH: TWICE PER MONTH 1 ZU UNIT NO.: 1727, 1728, 1789, 1790 / 2015- PETERBILT, TRUCK TRACTOR, PLAIN, TANDEM AXLE 31 WASH: TWICE PER MONTH EA 96 UNIT NO.: 1797 i 2015- FREIGHTLIN, BRUSH, SELF LOADER �•�- v�- 32 WASH: TWICE PER MONTH EA 96 �`� 61-00 UNIT NO.: 2056 i 2014/ 2015- FORD, PICKUP,1/2 TON, 3/4 y� TON 4X4, 1 TON I 33 WASH: TWICE PER MONTH EA 288 V 20 . UNIT NO.: 2042, 2063, 2072 �3 i I GRAND TOTAL DS REVISED GRAND TOTAL $163,440.00 VVV i i I i I I i i DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 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 DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. No Bonds are required for this Service Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 ATTACHMENT D - WARRANTY REQUIREMENTS No warranty applies to this agreement. DocuSign Envelope ID: BC830FF6-20A7-4F3E-A300-B7FEDAOFC6C5 ATTACHMENT E RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS § COUNTY OF NUECES § This release of liability and covenant not to sue ("Release") is executed on the date indicated below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by Juan Valdez ("Contractor"), a sole proprietor doing business as Kingdom Sower's, in providing pressure washing services for the City, which is the subject of the attached contractual agreement ("Agreement") between the City and Juan Valdez. This Release serves to relinquish and forever waive certain legal rights to which Contractor may be entitled by law or in equity. As such, Contractor is encouraged to consult with an attorney of his/her own choosing and at Contractor's sole expense prior to signing this document; however, Contractor may voluntarily choose to sign this Release without obtaining such consultation. I, Juan Valdez, in exchange for the City allowing me to forego the condition of providing workers' compensation insurance coverage that includes covering myself, or obtaining a separate health policy that includes coverage for myself, as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1 . 1 acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no worker's compensation benefits, health benefits, disability benefits, nor other insurance benefits of any kind which might be available to full-time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement. 2. 1 acknowledge and understand that there may be risks involved in participating in the Agreement, I voluntarily and knowingly assume any and all such risks, and I shall rely solely on myself and not the City in determining what those risks are and the extent of and exposure to the risks involved. I understand and agree that I am participating in this Agreement at my own risk, and I hereby release, waive, and in all ways relinquish any and all present and future claim(s) against the City that 1, my heirs, successors, permitted assigns, or any other person or entity (as used collectively here and hereinafter as "I") may assert, have, or acquire as a result of any bodily injury (including serious injury resulting in death), property damage, or loss Page 1 of 3 DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 of any kind whatsoever to myself or to my real or personal property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City. 3. 1 hereby release the City from all liability and waive and relinquish any and all such claims which may arise, and I further covenant not to file any lawsuits against nor join in any lawsuits with others to sue the City for any such claim, injury, loss, damage, or expense from participating in the Agreement regardless of whether the same may arise, result from, or be caused by any negligence or gross negligence of the City. 4. 1 acknowledge that the services I provide pursuant to the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may, at times, be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City. 5. 1 desire and agree that this Release shall apply to any and all activities during or in any way connected with my participation in the Agreement and my performance under such Agreement. 6. 1 agree that this Release shall be governed by and be enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where the Agreement is performed and my services are provided. 7. 1 hereby acknowledge that I have been informed in writing that I may consult an attorney prior to signing this Release. I have carefully and thoroughly read the foregoing provisions of this Release of Liability and Covenant Not to Sue and, intending to be legally bound, voluntarily accept each of its terms and conditions and willingly agree to the covenants to which I am bound. (Signature & Notarization — Next Page) Page 2 of 3 DocuSign Envelope ID: BC830FF6-2OA7-4F3E-A300-B7FEDAOFC6C5 EXECUTED this � day of 2022. U Y ua aldez STATE OF TEXAS § COUNTY OF NUECES § Before me, UA,k-1 1l on this day personally appeared Juan Valdez, proved to me through1yf_,r'S [� CQfl (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this aDjkday of �15 2022. SAVANNA F. MORRISON 5 a;Wy f)gulb C's Signature i? Notary Public, State of Texas _ .4'41 Comm, Expires 08-06-2024 '.;11111 � Notary ID 132608604 Page 3 of 3 SC �o w h �� O F v N6OOPORP11 xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Gabriel Hinojosa, Interim Director of Public Works Gabrielha-cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement Heatherh3a-cctexas.cor (361) 826-3227 Construction Contract Award Waldron Road —South Padre Island Drive to Purdue Road (Bond 2020, Proposition A) CAPTION: Motion awarding a construction contract to JE Construction Services, LLC of Corpus Christi, TX, for the rehabilitation of Waldron Road from South Padre Island Drive to Purdue Road, with the replacement of select concrete panels and a complete concrete panel joint repair, in the amount of$2,290,539.00, located in Council District 4, with funding available from the Street Bond 2020, and FY 2022 Storm Water, Wastewater, Water, and Gas Funds. SUMMARY: This motion awards a construction contract to JE Construction Services, LLC, for the rehabilitation of Waldron Road, from South Padre Island Drive to Purdue Road. The rehabilitation will include the replacement of severely worn and damaged concrete panels, driveways, curb and gutter sections, pavement markings, signage, and utility improvements to storm water, wastewater, water, and gas. BACKGROUND AND FINDINGS: Waldron Road, from South Padre Island Drive to Purdue Road, is 1.4 miles in length and is classified as a Secondary Arterial (A-2) on the City's Urban Transportation Plan. The existing street is a five-lane roadway with 62-foot-wide concrete pavement, curb and gutter, sidewalks, underground water lines, storm water lines, gas lines, and wastewater lines. This section of the roadway was originally constructed in 1947 and was reconstructed with concrete pavement in 1995. The roadway currently provides access to a mixture of commercial and residential neighborhoods. The proposed construction will include the replacement of the most severely deteriorated concrete panels, which includes some curb and gutter and storm drain inlet tops, a full concrete panel joint restoration, the adjustment of utility manholes and valves, and new striping and signs throughout the project's length. PROJECT TIMELINE: JI AlS1 01 NJ DI J I F1 MI AlMI J I JI AlS 01 NJ D J I F1 MI AlMI JI JI A Design Bid / Construction Award Project schedule reflects City Council award in September 2022 with anticipated completion by August 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On August 17, 2022, the City received four bids. A summary of the bids is provided below: Bidder Base Bid 1. JE Construction Services, LLC $2,290,539.00 2. Mako Contracting $2,552,845.03 3. Lucania Construction LLC $3,433,237.10 4. Clark Pipeline Services, LLC $5,021,656.70 Engineer's Opinion of Probable Cost $3,822,205.55 Staff analyzed the submitted bids in accordance with contract documents and determined JE Construction Services, LLC, is the lowest responsive and responsible bidder. Staff is recommending awarding the contract to JE Construction Services, LLC. The majority of the bds came in significantly lower than the Engineer's Opinion of Probable Cost, to include JE which was $1.5 million less. However, the City's Engineering Services Department is confident that the project can be completed at the proposed cost. If for some unforeseen circumstance were to occur, the project cannot be completed, the City can pursue a claim against the bidder's bonding company to finish the construction. JE Construction Services, LLC, has successfully completed several other projects for the city, such as Airline Road from S.P.I.D. to McArdle Road, the streets for the Residential Street Rebuild Program Parts A and C, and the Sunnybrook Sidewalk Improvements project. ALTERNATIVES: Council could choose not to award the contract to JE Construction Services, LLC. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to JE Construction Services, LLC, in the amount of $2,290,539.00 for the construction phase of Waldron Road from South Padre Island Drive to Purdue Road. Project funding is available from the Street Bond 2020 and FY2022 Storm Water, Wastewater, Water, and Gas funds. Funding Detail: The Capital Improvement Program (CIP) shows the project is planned for FY 2022. The project is ready to be implemented. Fund: Street— ST2021 Bd20A (Fund 3558) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 21057 Waldron Rd. (SPID to Purdue St) Account: Construction (550910) Activity: 21057-3558-EXP Amount: $1,886,070.34 Fund: Storm Water- StrmWtr 2022 CIP (Fund 4533) Mission Elem: Drainage Infrastructure (ME 043) Project No.: 21057 Waldron Rd. (SPID to Purdue St) Account: Construction (550910) Activity: 21057-4533-EXP Amount: $330,308.25 Fund: Wastewater-WW 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection System (ME 042) Project No.: 21057 Waldron Rd. (SPID to Purdue St) Account: Construction (550910) Activity: 21057-4259-EXP Amount: $47,975.92 Fund: Water-Water 2019 CIP (Fund 4098) Mission Elem: Distribute Water (ME 041) Project No.: 21057 Waldron Rd. (SPID to Purdue St) Account: Construction (550910) Activity: 21057-4098-EXP Amount: $20,157.07 Fund: Gas- Gas 2023 CIP (Fund 4562) Mission Elem: Gas Distribution System (ME 022) Project No.: 21057 Waldron Rd. (SPID to Purdue St) Account: Construction (550910) Activity: 21057-4562-EXP Amount: $6,027.42 Overall Total $2,290,539.00 RECOMMENDATION: Staff recommends awarding construction contract to JE Construction Services, LLC, for the rehabilitation of Waldron Road from South Padre Island Drive to Purdue Road in the amount of $2,290,539.00 with construction duration planned for 11 months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation TABULAMON OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:Wetlnestlay,A.g..t17,2022 RFB4272 JE Construction Services,LLC Mak.C.atmctin9 Lan-aim Construction LLC Cl,,k PipNine Services,LLC PROJECT NO.21057 Waltlmn Rd(Purtlue t.SPID) ]505 Up Rrver Rtl 3636 S.Alametla,Ste.B153 2806 Santa Oliva Si 6229 Leopartl Street BASE BID Corpus Christi,TX]84 09 Corpus Christi,TX 78411 Mission,TX]85]2 Corpus Christi,TX 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE I AMOUNT UNITPRICE AMOUNT Part A-GENERAL Al 10.1,0-t-(Ma.5%of Part A) AL 1 $ 15,000.00 $ 15,000.00 $ 20,00600 $ 20,000.00 $ 490000 $ 490000 $ 26,13200 $ 26,13200 A2 Bonds B Insurance AL 1 $ 26000.00 $ 26000.00 $ 50,00600 $ 50.000.00 $ 40,660.00 $ 40,66600 $ 76,95600 $ 76,95600 A3 Temporary Trafrc Control MO 8 $ 12,000.00 $ 96,000.00 $ 590000 $ 40,000.00 $ ]4.000.00 $ 59290000 $ 19,96600 $ 159,728 00 A4 Temporarylntersedion Signal Atljudmenis(All Phases of Traffic Control) EA 2 $ 1],000.00 $ 14,000.00 $ 15,00609 $ 30,00600 $ 23.000.00 $ 46,00600 $ 6150600 $ 13590000 A5 Temporary Trafrc Message Boartl(WANCO Metro Compact Message Sgn) EA 2 $ 21000.00 $ 46000.00 $ 1926250 $ 3852500 $ 22000.00 $ 4400600 $ 2961250 $ 5922500 A6 Temporary Trafrc Control Design by a Professional Engineer(All Phases) LS 1 $ 32,000.00 $ 32,000.00 $ 205275 W $ 205275 W $ 23,00600 $ 23,00600 $ 33,75600 $ 33,75600 A] Storm Water Pollution Prevention Plan LS 1 $ 10000.00 $ 19409.09 $ 2500600 $ 2500600 $ 8500600 $ 8500600 $ 2215600 $ 2215600 AB Survey Monument EA 2 $ 1,200.00 8 2,499.99 $ 150000 $ 390000 $ 70000 $ 140000 $ 1,147 50 $ 229500 A9 Ozone Adv-,y Day DAV 1 $ 1.00 $ 1.00 $ 100 $ 100 $ 650000 $ 650000 $ 472 50 $ 472 50 A10 Block Sotltling SV 618 $ 13.00 $ 8,014.00 $ 1600 $ 618000 $ 500 $ 399000 $ 1148 $ 7,094 E4 A11 Exploratory E--tion(Up to 6-ft of Cover) LF 100 $ 200.00 $ 20,000.00 $ 5600 $ 590000 $ 21500 $ 2150600 $ 24975 $ 2497500 Al2 Allowance for Unanticipatetl Environomental 6sues AL 1 $ 10,000.00 $ 10,000.00 $ 10,00600 $ 10,00600 $ 10.000.00 $ 10,000.00 $ 10,00600 $ 101 00600 A13 Allowance for Un-ampatetl Signal Improvements AL 1 $ 15,000.00 $ 15,000.00 $ 15,00600 $ 15,00600 $ 15.000.00 $ 15.000.00 $ 15.000.00 $ 15.000.00 SUBTOTAL PARTA-GENERAL(Items Al thru Ail) $ 114]!15.00 $ 44198100 $ 892150.00 $ 572]72.14 Part B-STREET IMPROVEMENTS 31 10.1,0zation(Max.5%.f Pari B) AL 1 $ 42200.00 $ 42200.00 $ 7000600 $ 7000600 $ 250000.00 $ 25000000 $ 19141000 $ 19141000 B2 Concrete Panel Replacement Pavement Section No.1 SV 2,406 $ 138.00 $ 332,028.00 $ 15500 $ 372 930 00 $ 170 00 $ 409920 00 $ 27000 $ 649620 W B3 Concrete Panel Replacement Pavement Section No.2-Utilities SV 4,332 $ 158.00 $ 884,458.00 $ 15500 $ 671,4W W $ 230 00 $ 996,360 00 $ 30375 $ 1,315,845 W Concrete Panel Replacement Pavement Section No 3-C-Cement Stabil¢etl Sand Subgratle B4 0nly SV 500 $ 61.00 $ 10,500.00 $ 18000 $ 90,00600 $ 7600 $ 35,00600 $ 16875 $ 8437500 B5 Concrete Panel Joint Restoration LF 69,400 $ 3.50 $ 242,900.00 $ 325 $ 225,550 00 $ 450 $ 312,300 00 $ 2025 $ 1,405,350 00 B6 Concrete Driveway Replacement(2-13--y Placeholtler) SF 750 $ 17.00 $ 12,750.00 $ 1200 $ 990000 $ 2300 $ 1125600 $ 2228 $ 16,71600 B7 Asphalt Pavement Repair SV 81 $ 120.00 $ 9,720.00 $ 20000 $ 1620600 $ 20000 $ 1620600 $ 43625 $ 35,33625 Do Existing AT&T/AEP Manhole Atljustinenis of necessary) EA 8 $ 800.00 $ 6,400.00 $ 2,500 W $ 20,00600 $ low 00 $ Dow 00 $ 4,144 25 $ 33,154 00 B9 Refl Pav Mrk TV I(V)4"(DBL)(090 MIL) LF 650 $ 1.00 $ 650.00 $ 1 15 $ 74750 $ 150 $ 975 00 $ 1 35 $ 87750 B10 Refl Pav M TV I(V)4"(SLD)(090 MIL) LF 12,151 $ 1.00 $ 12,151.00 $ 058 $ 794758 $ 060 $ 72!)OW $ 068 $ 826268 B11 Refl Pav Mnc TV I(Y)4"(BRK)(090 MIL) LF 12,151 $ 1.00 $ 12,151.00 $ 058 $ 794758 $ 060 $ 72!)OW $ 068 $ 826268 B12 Refl Pav M TV I(W)4"(BRK)(090 MIL) LF 13296 $ 1.00 $ 13,296.00 $ 058 $ 7,711 68 $ 060 $ 797760 $ 068 $ 994128 B13 Refl Pav Mrk TV I(W)8"(SLD)(090 MIL) LF 672 $ 1.00 $ 672.00 $ 115 $ 77280 $ 120 $ 80640 $ 135 $ 90720 B14 Refl Pav Mrk TV I(BLACK)4"(SHADOW)(090 MI L) LF 13,254 $ 1.00 $ 13,254.00 $ 155 $ 20,54370 $ 1 7 $ 2253180 $ 182 $ 24,12228 Refl Pav Mrk TV C Heat Applietl Prefab Pme -atl Thermoplastic(BLACK)6"(SLD)(125 B15 MIL)(Crosswalk antl Stop Bar Contrast) LF 4288 $ 4.00 $ 1],15200 $ 403 $ 1128064 $ 450 $ 1929600 $ 4 7 $ 2028224 Refl Pav Mrk TV C Heat Apphod!Prefab Pm -Dtl Thermoplastic(W)18"(SLD)(125 MIL) B16 (School Zone Bar) LF 61 $ 19.00 $ 619.99 $ 920 $ 56120 $ 1600 $ 61000 $ 1680 $ 65880 Refl Pav Mrk TV C Heat Apphad!Prefab PmfD-ad!Thermoplastic(W)24"(SLD)(125 MIL) B17 (Crosswalk and Stop Bar) LF 2,083 $ 15.00 $ 31,2,45.00 $ 1380 $ 28]4540 $ 1450 $ 3020350 $ 1620 $ 33,74460 Refl Pav Md,TV C Heat Apphad!Prefab PmfD-ad!Thermoplastic(W)PEO XING(125 MIL) B18 W/BLACK CONTRAST EA 8 $ 540.00 $ 4,32080 $ 488 75 $ 391000 $ 51000 $ 498000 $ 57375 $ 459000 Refl Pav Mrk TV C Heat Applietl Prefab PmfD-tl Thermoplastic(W)PEO XING AHEAD B19 (125 MIL)W/BLACK CONTRAST EA 4 $ 920.00 $ 3,680.00 $ 83375 $ 333500 $ 87000 $ 3480.00 $ 078 75 $ 391500 B20 Refl Pav Mrk TV I(W)(ARROW)(125 MIL)W/BLACK CONTRAST EA 19 $ 260.00 $ 4940.00 $ 24150 $ 458850 $ 26000 $ 4940.00 $ 28350 $ 538650 B21 Refl Pav Mnc TV I(W)(WORO)(125 MIL)W/BLACK CONTRAST EA 7 $ 120.00 $ 2,240.00 $ 28]50 $ 291250 $ 30000 $ 2.100.00 $ 33750 $ 236250 B22 Refl Pav Mrkr TV 11 A EA 337 $ 4.00 $ 1148.00 $ 3 45 $ 1 16265 $ 360 $ 1 13.20 $ 122 $ 12 85 B23 Refl Pav Mrkr TV 11 B-B EA 34 $ 480 $ 13680 $ 3 45 $ 11730 $ 360 $ 122 40 $ 4 OS $ 137]0 B24 Refl Pav Mrkr TV l-C EA 200 $ 4.00 $ 800.00 $ 345 $ 69000 $ 360 $ 72000 $ 405 $ 81000 B25 Rumble Stnp Set fir 1 Travel Lane EA 24 $ 190.00 $ 4,560.00 $ 17250 $ 4,140 W $ 11011 $ 4 320 W $ 20250 $ 4 860 00 B26 Remova l of Existing Sipping and Pavement Markers LS 1 $ 9500.00 $ 9500.00 $ 862500 $ 862500 $ 900000 $ 900000 $ 1012500 $ 1012500 B27 Re move SMROSN S UP&AM EA 5 $ 160.00 $ 800.00 $ 17250 $ 86250 $ 15000 $ 75000 $ 495000 $ 2025600 B28 Fumish and Install Roatlsd.Traff Sign and Sign Support Assembly(Triangular Shpbase) EA 14 $ 1,050.00 $ 14,700.00 $ 948 75 $ 13282 50 $ 1900 00 $ 1490600 $ 1282 50 $ 11955 00 ge 1.2 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:W.dnestlay,A.gust17,20n RIFE 4272 JE Construction Services,LLC Make Contmctin0 Lucania Construction LLC Clark PipHine Services,LLC PROJECT NO.21057 Wa ltlron Rd(Purtlue to SPID) ]505 Up Rrver Rtl 3636 S.Alameda,Ste.B153 2806 Santa Oliva Si 6229 Leopartl Street BASE BID Corpus Christi,TX]84 09 Corpus Christi,TX 78411 Mission,TX]85]2 Corpus Christi,TX 78409 ITEM DESCRIPTION UNIT OTYUNITPRICE AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT impae ree mpmvemens u es u no ITT,e o and IT B29 Contluit improvements) AL 1 $ 118,000.00 $ 118,000.00 $ 118,000 00 $ 118 000.00 $ 118 000.00 $ 118 000.00 $ 118 000.00 $ 118 000.00 SUBTOTALPARTB-STREET IMPROVEMENTS(it..Bi Mru B29) $ 1,627,159.00 $ 1]26,32403 1 2303,83]_10 1 $4,02],]1606 Parl C-STORM WATER IMPROVEMENTS C1 Mobilization(Max.M of Pari C) AL 1 $ 2,000.00 $ 2,00a.00 $ 15,00000 $ 15,00000 $ 20,00000 $ 20,00000 $ 13,0]800 $ 13,0]800 C2 Concrete Panel Replacement Pavement Section No.2-Utilities(St..Water) SV 106 $ 158.00 748.00 $ 15500 $ 1643000 $ 23000 $ 2438000 $ 30375 $ 3219750 C3 Curb Inlet Top Replacement EA 19 $ 3,800.00 $ ]2,200.00 $ 500000 $ 95,00000 $ 260000 $ 49,40000 $ 451000 $ 8569000 C4 6,nch Concrete Curb Pavement Section(2 fast witle)No.1 LF 593 $ 44.00 $ 2fi 09200 $ 45.00 $ 2668500 $ 2000 $ 1186000 $ 2000 $ '71 7L C5 6,nch Concrete Curb Pavement Section(2 fast witle)No.2-Utilities LF 10]5 $ 4&(n) $ 88,8]5.00 $ 45.00 $ 880]500 $ 2000 $ 39,50000 $ 20]0 $ 5865750 C6 Existing Storm Water Manhole Atljustments(ifnecessary) EA 23 $ 2,500.00 $ 57,500.00 $ 2500.00 $ 5150000 $ 100000 $ 23,00000 $ 414425 $ 95,317]5 C] 6,nch Concrete Curb on existing concrete panel(Placeholtler) LF 210 $ 55.00 $ 11,550.00 $ 30.00 $ 630000 $ 1500 $ 315000 $ 6050 $ 1270500 C8 Allowance for Unanticipatetl Storm Water lmpmvements AL 1 $ 10,000.00 $ 10,000.00 $ 10,00000 $ 10,00000 $ 10,00000 $ 10.00000 $ 10,000.00 $ 10.000.00 SUBTOTAL PARTC-STORM WATER IMPROVEMENTS III..CI U.CB $ 284,965.00 $ 315,]90.00 $ 181290.W $ 324,842]5 Part D-WATER IMPROVEMENTS D1 Mobilization(Max.5%of Part O) AL 1 $ 500.00 $ 500.00 $ 50000 $ 50000 $ 200000 $ 2000.00 $ 135000 $ 135000 02 Concrete Panel Replacement Pavement Section No.2-Utilities(Water) SV 55 $ 158.00 $ B,fi90.00 $ 20000 $ 1100000 $ 23000 $ 12650.00 $ 603]5 $ 3320625 03 Existing Water Valve Atljusimenis(if necessary) EA 9 $ 800.00 $ ],200.00 $ 100000 $ 900000 $ ]4000 $ 6060.00 $ 202500 $ 1822500 D4 Allowance for Un-Impatetl Water Improvements AL 1 $ 1,000.00 $ 1,000.00 $ 100000 $ 1000.00 $ 1000.00 $ 1000.00 $ 100000 $ 100000 SUBTOTAL PARTD-WATER IMPROVEMENTS(Items Di thru D4 $ 1],39000 $ 2150000 $ 22,31000 $ 53,]8125 Part E-WASTEWATER IMPROVEMENTS E1 Mobilization(Max.5%of Part E) AL 1 $ 2 000.00 $ 2 000.00 $ 1 500 00 $ 1 500.00 $ 5 000 00 $ 5 000.00 $ 1 350 00 $ 1 350 00 E2 Concrete Pa nel Replacement Pavement Section No.2-Utilities(Wastewater) SV 55 $ 158.00 $ B,fi90.00 $ 20000 $ 11000.00 $ 23000 $ 12.650.00 $ 303]5 $ 16,]0625 E3 Existing Wastewater Manhole Adjustment, fnecessary) EA 9 $ 330000 $ 29,70000 $ 250000 $ 22500.00 $ 100000 $ 9000.00 $ 202500 $ 1822500 Eq n icipa r mprovemen s AL 1 $ 1,00000 $ 1,000.00 $ 1,00000 $ 1 000.00 $ 1 000.00 $ 1 000.00 $ 1 000 00 $ 1,00000 as PART E-WASTEWATER IMPROVEMENTS(Item.El thm E4) $ 41,390.00 $ 36,00000 1 27,65000 1 $ 3128125 Part F-GAS IMPROVEMENTS F1 Mobilization(Max.S%of Pari F) AL 1 $ 200.00 $ 200.00 $ 25000 $ 25000 $ 1000.00 $ 1000.00 $ 26325 $ 26325 F2 Allowance for Unanticipatal Gas improvements AL 1 $ 5,000.00 $ 5,000.00 $ 500000 $ 5000.00 $ 5000.00 $ 5000.00 $ 500000 1$ 5000.00 SUBTOTAL PART -GAS IMPROVEMENTS(Items FI thru F2) $ 5.200.00 $ 5250_W 1 6,00000 1 526325 TOTAL BASE BID $ 2,290,539.00 $ 2,552,845.03 1$ 3,433,237.10 1$ 5,021,656.70 X2.2 ��' �►` o PROJECT LOCATION m r EXHIBITWALDRON RD. - SOUTH PADRE CITY COUNCIL Lo�pus cy'Ai�P _ _ • •' ' • J asa SOUTH PADRE ISLAND DR. SCALE N.T.S. 4r .,y•- •,i Y .. .k I GRAHAM RD. t *re � s _N w . + d � v DON PATRICIO RD. e u DIVISION RD. m �. �a - F . , a PURDU � F y AERIAL MAP ,. NOT TO SCALE PROJECT NUMBER: 21057 WALDRON RD. - SOUTH PADRE CITY COUNCIL EXHIBIT -. ISLAND DR. TO PURDUE R D. CITY CORPUS CHRISTI,TEXAS DEPARTMENT T OF ENGINEERING SERVICES Corpus Christi Engineering Waldron Road (South Padre Island Drive to Purdue Road) Council Presentation September 20, 2022 Waldron Road (South Padre Island Drive to Purdue Road) Corpus Chr sti Project Location Engineering SOUTH PADRE ISLAND BR I PROJECT LCCATION .,r .M 7V \ t ti I N i � ��,tea ' N GRAHAM RD. PROJECT LOCATION - DON PATRICIO RD. F- T- �`,,xL�z DIVISION RO PURDUE RD. PRQIECT Nl1M6ER:7X}57 „EmI�IMP PROJECT NUMBER:21D57 2 \� Waldron Road j (South Padre Island Drive to Purdue Road) Corpus Chest; j Engineering Scope of Work Motion awarding a construction contract to JE Construction Services, LLC, Corpus Christi, TX, for the rehabilitation of Waldron Road from South Padre Island Drive to Purdue Road, in an amount of$2,290,539 The proposed scope of work includes the listed below items: • replacement of the most severely deteriorated concrete panels • full concrete panel joint restoration • curb and gutter replacement as needed • adjustment of utility manholes and valves, and • new striping and signs Waldron Road (South Padre Island Drive to Purdue Road) Corpus Chr sti Project Schedule Engineering J A S O N D J F M A M J J A S O N D J F M A M J J A Design Bid Construction Award Projected Schedule reflects City Council award in September 2022 with anticipated completion by August 2023 Capital Improvement Plan 2022 thru 2024 City of Corpus Christi, Texas Project# 21057 + • Project Name Waldron(Padre Island Dr.to Purdue) "v Type Recondition/Longevity Department Public Works �� � � F Useful Life 25 years Contact Director of Public Works is Category Street-Rehabilation Priority 2 Critical-Asset Condition , w7 ,• 3 a p Status Active Description This project consists of concrete rehabilitation of 5 lane roadway,some improvements to lighting and sidewalks.This project is currently scheduled to begin construction in FY2022 and continue until completed. Schedules maybe adjusted after design is completed or during annual CIP update. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan,This project will improve the road and transportation safety. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 3,187,500 3,187,500 Design 790,000 790,000 Storm Water-St. 360,500 360,500 WasteWater-St 64,500 64,500 Water-St. 64,500 64,500 Gas-St. 8,600 8,600 Eng,Admin Reimbursements 35,000 380,000 415,000 Total 825,000 4,065,600 4,890,600 Funding Sources Prior Years 2022 2023 2024 Total G.O.Bond 2020 412,500 3,537,500 3,950,000 Revenue Bonds 412,500 528,100 940,600 Total 825,000 4,065,600 4,890,600 Budget Impact/Other There is no projected operational impact with this project,at this time. Once the project is completed it will be added to the Street Preventive Maintenance Program. 237 SC �o w h �� O F v N6OOPORP11 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Gabriel Hinojosa, P.E., Interim Director of Public Works gabrielh@cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement Heatherh3@cctexas.com (361) 826-3227 Construction Contract Award Wildcat Drive — FM 624 to Teague Lane (Bond 2020, Proposition A) CAPTION: Motion awarding a construction contract to Mako Contracting of Corpus Christi, Texas for the reconstruction of Wildcat Drive, from FM 624 to Teague Lane, with new asphalt pavement and utility improvements in an amount of $3,269,820.07, located in Council District 1, with funding available from the Street Bond 2020 and FY 2022 Storm Water, Wastewater, Water and Gas. SUMMARY: This motion awards a construction contract with Mako Contracting for the reconstruction of Wildcat Drive, from FM 624 to Teague Lane. The construction will include new asphalt pavement, sidewalk, curb ramps, concrete driveways, concrete curb and gutter, bus shelter pad, roadway striping, roadway pavement markers, traffic signage, street illumination, and utility improvements to water, wastewater, gas, and storm water. BACKGOUND AND FINDINGS: Wildcat Drive from FM 624 to Teague Lane is 0.31 miles in length and is classified as a Collector Street (Cl) on the City's Urban Transportation Plan. The existing street is a two-lane roadway with 40-foot-wide asphalt pavement, curb and gutter, sidewalks, underground water lines, storm water lines, gas lines, and wastewater lines. This section of the roadway was originally constructed in 1981 and was reconstructed with asphalt pavement in 1987. The pavement was overlaid in 2009 and a seal coat was completed in 2016. The roadway currently provides access to Calallen High School and commercial properties. The existing pavement has acquired deficiencies consisting of alligator cracking, shoving, raveling, and edge cracks. Other roadway related deficiencies include broken and rolled concrete curb/gutter, concrete curb inlet top punch outs, concrete sidewalk linear cracking and punch-outs, and concrete driveway traverse cracking. The project scope includes full depth reconstruction of the existing two lane roadway with a new asphalt pavement section, shoulders, sidewalk, curb ramps, concrete driveways, concrete curb and gutter, bus shelter pad, roadway striping, roadway pavement markers, traffic signage, street illumination, and utility improvements to water, wastewater, gas, and storm water. PROJECT TIMELINE: 2021 - 2022 2022 2022 - 2023 March -June July- September October-June Design Bid/Award Construction Project schedule reflects City Council award in September 2022 with anticipated construction completion by June 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on July 12, 2022, for the proposed Wildcat Drive construction project. The solicitation contained two base bids, Base Bid 1 (asphalt) and Base Bid 2 (concrete). On August 17, 2022, the City received five bids for HMAC Pavement and three bids for Concrete Pavement. A summary of the bids is provided below. Bidder HMAC Base Bid Concrete Base Bid 1 Mako Contracting $3,269,820.07 $3,609,168.42 2 JE Construction Services, LLC $3,553,755.00 $3,756,693.00 3 Clark Pipeline Services, LLC $4,007,008.21 Not Bidding 4 Bay Ltd. $4,070,000.00 Not Bidding 5 Bridges Specialties Inc $4,076,797.90 Not Bidding 6 Reytec Construction Resources, Inc Not Bidding $3,994,750.40 Per City Council Policy 28 - Award Guidelines for Arterial and Collector Streets, an award recommendation for concrete pavement is made if the construction cost for concrete pavement does not exceed $125,000/lane mile ($17.75/SY) of the asphalt cost. The construction cost difference between the concrete and the asphalt pavement is $339,348.35, which equates to $54.80/SY. Based on the calculation, staff recommends the award of Base Bid 1 for asphalt pavement. Staff analyzed the submitted bids in accordance with contract documents and determined Mako Contracting is the lowest responsive and responsible bidder. Staff is confident in the bidder and recommending awarding the contract to Mako Contracting. Mako Contracting has successfully completed the following city projects: Laguna Shores Road from South Padre Island Drive (SPID) to Graham Road (which included a full reconstruction with utilities), SEA District Improvements, Lipes Boulevard (which included a full reconstruction with utilities), Downtown Road and Streetscapes Improvements, and several other park improvements projects. ALTERNATIVES: Council could choose not to award the contract to Mako Contracting. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The item proposes to award a construction contract to Mako Contracting in the amount of $3,269,820.07 for the reconstruction of Wildcat Drive from FM624 to Teague Lane. Project funds are available in Street Bond 2020 and FY2022 Storm Water,Wastewater, Water and Gas. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2022. The project is ready to be implemented. Fund: Street— ST2021 Bd20A (Fund 3558) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 21048 Wildcat Dr (FM 624 to Purdue St Account: Construction (550910) Activity: 21048-3558-EXP Amount: $1,579,125.66 Fund: Storm Water- StrmWtr 2022 CIP (Fund 4533) Mission Elem: Drainage Infrastructure (ME 043) Project No.: 21048 Wildcat Dr (FM 624 to Purdue St Account: Construction (550910) Activity: 21048-4533-EXP Amount: $726,206.61 Fund: Wastewater-WW 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection System (ME 042) Project No.: 21048 Wildcat Dr (FM 624 to Purdue St Account: Construction (550910) Activity: 21048-4259-EXP Amount: $213,108.02 Fund: Water-Water 2023 CIP (Fund 4486) Mission Elem: Distribute Water (ME 041) Project No.: 21048 Wildcat Dr (FM 624 to Purdue St Account: Construction (550910) Activity: 21048-4486-EXP Amount: $683,566.35 Fund: Gas- Gas 2023 CIP (Fund 4562) Mission Elem: Gas Distribution System (ME 022) Project No.: 21048 Wildcat Dr (FM 624 to Purdue St Account: Construction (550910) Activity: 21048-4562-EXP Amount: $67,813.44 Overall Total $3,269,820.07 RECOMMENDATION: Staff recommends awarding construction contract to Mako Contracting for reconstruction of Wildcat Drive from FM 624 to Teague Lane in the amount of $3,269,820.07 for the asphalt pavement with construction duration planned for 8 months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs (Asphalt and Concrete) CIP Page Power Point Presentation TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEAS TABUUt TEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:W.dI,sday,Augustl7,2022 RFB4296 Mako -t-mg JE Const-o S-77,LLC Clark Pipeline Ser-,LLC ay BLtd. Bridges Specialties lnc R"tec Construction Resources, PROJECTNO.21-11 WiId.Dr.(FM 624to Teague Ln.) 3636 S.Alameda Ste.B153 ]505 Up River Rd 6229 Leopard Street 401 Com Prod u-Rd,Bldg 1 4233 FM 624 1901 Ho1119er BASE BID#1 HMAC Corpus CM1d9i,T%]8411 Corpus CM1ri9i,T%]8409 Corpus CM1d9i,T%]8409 Corpus CM1d9i,T%]8409 FIT%]8380 Huston,T%]]080 ITEM DESCRIPTION UNIT OTY UNITPRICE I AMOUNT PUNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT Part A-GENERAL N1 MOBI LIZNTION MAX S%OF PARTA AL 1 S 12,000.00 E 12,000.00 $ ifi00000 $ 2850000 $ 28,50900 $ 19,00900 $ 19,00900 $ 15,00900 $ 15,00900 A2 BONDS B INSURANCE AL 1 S 5630000 E 5fi000.0003500900 $ GO 50900 $ fi650900 $ 2810900 $ 2810900 $ 10000000 $ 10000000 N3 CLEAR RIGHT OF WAV NC 2 S 8,000.00 E 1],840.000 $ 1561900 $ 465.50 $ 10380] $ 900000 $ 200]900 $ ]00000 $ 1561900 A4 OZONE DAV DAV 2 S 1.99 E 2.09 $ 200 $ 1]29000 $ 3456900 $ 100.00 8 2Go.00 8 1.� $ 200 A5 TEM PORARV TRAFFIC CONTROL MO 8 S 4000.00 E 32000000 $ 13600000 $ 22526.15 $ 18020920 $ 1250000 $ 10000000 $ 1650000 $ 13200000 TEMPORARY INTERSECTION SIGNAL ADJUSTMENTS(ALL PHASES OF TRAFFICAfiCONTROL EA 1 S 1],53].50 S 1],53].500 $ 1]000.00 $ 26600.00 $ 26600.00 $ 22000.00 $ 22000.00 $ 250000 $ 250000 N] TEM PORARV TRAFFIC MESSAGE BOARD EA 3 S 22,9]].00 S 68,931.00 $ 2]000.00 $ 81000.00 $ 2B,767 DO $ 86303]0 $ 33500.00 $ 10050000 $ 25000.00 $ ]5000.00 TEMPORARY TRAFFIC CONTROL DESIGN BY A PROFESSIONAL ENGINEER(ALL A8 PHASES) 1 S 1150000 S 11500.00 $ 14000.00 $ 14000.00 $ 99]5 00 $ 99]5 00 $ 15000.00 $ 15000.00 $ 30000.00 $ 30000.00 TEMPORARY TRAFFIC SIGNAL DESIGN BY A PROFESSIONAL ENGINEER(ALL N9 PHASES) LS 1 S 5,000.00 S 5,000.00 $ 1]000.00 $ 1]000.00 $ 4655900 $ 4655900 $ 15000.00 $ 15000.00 $ ]500 00 $ ]500 00 A10 TRAFFI C CONTROL POLICE OFFICER ASSISTANCE HR 40 S 100.00 S 6000.00 $ 32000 $ 12800.00 $ 465.50 $ 1862900 $ 100.00 $ 400000 $ 12500 $ 500000 All STORM WATER POLLUTION PREVENTION PLAN LS 1 S 10,000.00 S 10,000.00 4M 220000 $ 220000 $ 1662500 $ 1662500 $ 300000 $ 300000 $ 300000 $ 300000 N12 SILT FENCE LF 2]]4 S 5.00 E 13,870.00 $ 4.00 $ 11096.00 $ 665 $ 1844].10 $ 1900 $ 2]]4900 $ 4.00 $ 11096.00 A13 INLET PROTECTION EA 12 S 100.00 E 1200.00 $ 250.00 $ 300000 $ 332.50 $ 399000 $ 500.00 $ 600000 $ 200.00 $ 240000 A14 SURVEY MONUMENT EA 2 S 1,500.00 E 3,000.00 $ 190000 $ 380000 $ 113050 $ 226100 $ 930.00 $ 186000 $ ]50.00 $ 150000 A15 BLOCK SODDING SV 1355 S 10.00 E 13,550.00 $ 2900 $ 2]100.00 $ 865 $ 11]29]5 $ 1600 $ 2168900 $ 1500 $ 2032500 A16 PRIVATE PROPERTY VEGETATION REPLACEM ENT LS 1 S 5000.00 E 5000.00 $ 320000 $ 320000 $ 4655900 $ 4655900 $ 800000 $ 800000 $ 300000 $ 300000 Ni] ALLOWANCE FOR UNANTICIPATED VEGETATION ISSUES AL 1 s5000.00 s5000.00 $ 500000 $ 500000 $ 500000 $ 500000 $ 500000 $ 500000 $ 500000 $ 500000 AID ALLOWANCE FOR UNANTICIPATED ENVIRONM ENTAL ISSUES AL 1 S 5,000.00 E 5,000.00 $ 5,00000 $ 5,00000 $ 500000 $ 5,00000 $ 500000 $ 5,00000 $ 5,00000 $ 5,00000 SUBTOTAL PARTA-GENERAL 11-s Al tM1ru A18 E 281,430.50 E 4058(18.00 E 60846982 E 40215000 E 43393300NOBID Part B-STREET IMPROVEMENTS B1 MOBILIZATION MAX- PART B AL 1 S 40,080.80 S 40,000.00 $ 24000.00 $ 24000.00 $ 56600.00 $ 5660900 $ 5000000 $ 50000.00 $ 4],96100 $ 4]96100 B2 HMAC TYPED FINAL SURFNCE 4-INCH THICK SV 6295 S 62.82 S 2fi9551.90 $ 35.00 $ 22032500 $ 59.19 $ 3]2601 05 $ 4350 $ 273,1332 5B $ 4950 $ 30530]50 B3 ONE-COURSE SURFNCE TREATMENT UNOERSENL SV 6295 S 5.38 S 33,86].10 $ 6.00 $ 3]]]900 $ 6.98 $ 43939.10 $ 525 $ 33049]5 $ ].50 $ 47,212 5B B4 PRIME CONT MG30 0.15 GNLISV GAL 945 S ].38 S 6,974.10 $ 8.00 $ 756000 $ 1164 $ 10999.80 $ 9.00 $ 850500 $ 9.00 $ 850500 B5 CRUSHEOLIMESTONE FLE%BLASE(IRE N GRADE I-2 iDINCHTHICK SV 6295 S 32.00 S 201460.00 $ 35.00 $ 22032500 $ 4256 $ 26]91520 $ 4100 $ 25809500 $ 35.00 $ 22032500 LIME STNBILIZEO LAND COMPNCTEO SUBGRAOE (OVERNLL 12-INCH THICK B6 COMPACTED WITH UPPER B-I NCH LIME STABILIZED SV 6,161 S 16.50 S 101,656.50 $ 1600 $ 96,576 S) $ 1997 $ 6]586.1] $ 2100 $ 12938100 $ 1300 $ 8009300 B] STREET EXCAVATION AND EMBANKMENT SV ]]45 S 12.00 S 92,94000 $ 1900 $ 147,155 Do $ 1662 $ 14421190 $ 1400 $ 10643000 $ 1300 $ 10068500 BB REINFORCED CONCRETE DRIVEWNV 6-INCH THICK SF 4554 S 8.75 S 3986].50 $ 1300 $ 5920200 $ 1929 $ 8]846 fib $ 2900 $ 13206600 $ 1400 $ 63]56.00 B9 DEMOLITI ON OF CONCRETE DRIVEWNV SF 4173 S 500 S 20,865.00 $ 4.00 $ 1669200 $ 4.16 $ 1]35966 $ 1350 $ 56335.50 $ 5.00 $ 2066500 BIG ASPHALT TOASPHALT PAVEM ENT TIE-IN LF 106 S 50.00 S 5,40000 $ 120.00 $ 12960.00 $ 146.33 $ 1560364 $ 5900 $ 6,372 Do $ 5900 $ 540000 B11 REFL PAV MRKTVI 4"DBL 090 MIL LF 166 S 1.% S 329.28 $ 2.00 $ 336.00 $ 226 $ 37D Go $ 2.40 $ 40320 $ 225 $ 3]8.00 B12 REFL PAV MRKTVI 4"BRI( 090 MIL LF 1365 S 0.98 S 1,33].]0 $ 1.00 $ 136500 $ 1.13 $ 154245 $ 120 $ 163800 $ 1.50 $ 2,047 5B B13 REFL PAV MRK TVI W 4"SLD 090 MIL LF 28]3 S 0.98 S 2,815.54 $ 1.00 $ 2,8]300 $ 1.13 $ 324649 $ 120 $ 344760 $ 1.00 $ 267300 REFL PNV MRK TV C HENT NPPLIEO PREFAB PREFORMED THERM OPLSTIC IW)24" 014 SLD 125MIL LF 54 S 20.]0 S 1117.80 $ 2300 $ 124200 $ 2394 $ 1,2D2 76 $ 2600 $ 140400 $ 2300 $ 124200 B15 REFL PAV M RKR TV I-N-N EA 34 S 606 S 205.36 $ ].00 $ 236.00 $ 6.98 $ 23].32 $ ].50 $ 25500 $ 6.00 $ 2]2.00 Bib REFL PAV MRKRI II-B-B EA 6 S SO. S 48.32 $ ]00 $ 56.00 $ 6.98 $ 55.64 $ ].50 $ 6900 $ 6.00 $ 64.00 FURNISH AND INSTARCA1SIOE TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY Bi] TRINNGU LAR SLIPBNSELL' EN 15 S 833.]5 S 12,506.25 $ 900.00 $ 13500.00 $ 96425 $ 14463.]5 $ 100000 $ 15000.00 $ 110000 $ 16500.00 FURNISH AND INSTALL STOP 8 ALL WAV SIGN WITH NEW STREET NAME RENDES B18 (2)AND SIGN SUPPORTASSEMBLV TRINNGULAR SLIPBNSE EN 3 S 1,092.50 S 3,2]].50 $ 350000 $ 1050000 $ 123025 $ 3690]5 $ 130000 $ 390000 $ 140000 $ 420000 FURNISH ANDINSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR POWERED)WI 5 LF OF&INCH DIAMETER SCREW WIN TYPE ANCHOR FOUNDATION AND 5 YEARS CELLULAR COMMUNICATIONS AND SUPPORT PACKAGE,GLANCE B19 SOFTWAREANDCONFIGURATION EA 2 S 10,63].50 S 21,27500 $ 1LOW W $ 2200000 $ 13,311 $ 26600.00 $ 13200.00 $ 26400.00 $ 12500.00 $ 25000.00 BOB REM WE AND DI SPOSE OF E%I STI NISI INS AND SUPPORT ASSEM BLV 1 EA 16 S 132.25 S 2380.50 $ 145.00 $ 261000 $ 152.95 $ 2]53.10 $ 160.00 $ 288000 $ 250.00 $ 450000 B21 ALLOWANCE FOR UNNNTICIPATEOSTREET M PROVEMENTS AL 1 S 50,000.00 S 50,000.00 $ 50,00000 $ 50,000.00 $ 50000.00 $ 50,00900 $ 50000.00 $ 50,00900 $ 50000.00 $ 50000.00 SUBTOTAL PARTB-STREETIMPROVEMENTS Mems Bl tM1ru B21 $ 90],835.35 $ 94928500 E 1 189 125 34 $1,161,-55 $100]18650 NOBIO Part C-ADA IMPROVEMENTS Cl MOBILIZATION IMAX.-OF PART C) AL 1 S 7,500.00L42,420.N 0 $ 9,40000 $ 9,40000 $ 9,9]500 $ 9,9]500 $ 9,50000 $ 9,5B9B0 $ 6,00000 $ 6,00000 REINFORGED CONCRETE SIDEWALK ETIINCH THICK)(INCLUDING 2-INCH THICK C2 SAND CUSHI ON AND SUBGRADE PREP) SF 10,493 S 8.500 $ 1100 $ 11542300 $ 1286 $ 13493996 $ 1200 $ 12591600 $ 1200 $ 12591600 C3 DEMOLITION OF CONCRETE SIDEWALK SF 8464 S 5000 $ 300 $ 2545200 $ 3.99 $ 33651.16 $ 500 $ 4242900 $ 500 $ 4242900 C4 REINFORCED CONCRETE CURB RAM P NCLUDES-CH TRANSITION CURB SF 496 S 25000 $ 4900 $ 23608.00 $ 4522 $ 22429.12 $ 3900 $ 19344.00 $ 1500 $ ]44000 C5 DEMOLITION OF CONCRETE CURB RN MPSF 196 S 5000 $ 1200 $ 235200 $ 5.99 $ 11]404 $ 34.00 $ 66640o $ 500 $ 960.00 REFL PAVMRKTVC HEAT APPLI ED PREFAB PREFORMED THERMOPLSTIC(W)24"C6 SLD 125 MIL LF 162 S 2.5000 $ 2300 $ 3]2600 $ 1662 $ 301644 $ 2600 $ 421200 $ 3200 $ 516400 C] ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 S 9,000.000 $ 9.000 BO $ 9,00000 $ 9,00000 $ 9,00000 $ 9,00000 $ 9,00000 $ 9,00000 $ 9,00000 SUBTOTAL PARTC-ADA IMPROVEMENTS Items Cl tM1ru C] S 161,895.50 $ 18916100 E 21438574 $ 21705600 $ 19894900 NOBID TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TE%AS TABUI-J T O EY: RJB DESIGN ENGINEER:RTE BIDDATE:W.dI,-day,Au9ustl7,2022 RFB 4296 Mako C--in0 JEC-t-o S-77,LLC Clark Pipeline Ser-,LLC Bay Ltd. Bridg-Specialties lnc R"tec Construction Resources, nc PROTECT NO.21048 Wiltlwt Dr.IFM 624 to Tea0ue Ln.) 3636 S.Alameda,Ste.B153 ]505 Up River Rd 6229 Leopard St- 401 Com 11-D,Rd,BMg 1 4233 FM 624 1901 HOIlI9er BASE BID#1 HMAC Corpus CM1d9i,Tx]8411 Corpus CM1ri9i,Tx184o9 Corpus CM1d9i,Tx184o9 Corpus CM1d9i,Tx184o9 Rob.o Tx 18380 Huston,Tx]]o8o ITEM DESCRIPTION UNIT OlY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE AMOUNT Part D-RTA IMPROVEMENTS D1 MOBILIZATION MAX.S%CFPARTO AL1 S 1,400.00 E 1,400.00 $ 1,00000 $ 1,00000 $ 3,45800 $ 3,45800 $ 800.00 $ 800.00 $ 1,10000 $ 1,10000 REINFORCED CONCRETE BUS ROADWAY PAD(8-INCH THICK WITH 12INCHTHICK D2 IT.ESTONE FLEX BASE) SF GOD S 30.00 E 19800.00 $ 2400 $ 1584000 $ 4589 $ 3028]40 $ 3000 $ 19800.00 $ 2400 $ 1584000 REINFORCED CONCRETE BUS SHELTER PAD(5-INCH THICK)(INCLUDING 2-INCH D3 THICKSAN DCU SHION AND SUFFRAGE PREP SF 240 S TA.00 E 5,]60.00 $ 2600 $ 6,24000 $ 2860 $ 686400 $ 2500 $ 600000 $ 2200 $ 5,28000 D4 DEMOLITION OF CONCRETE BUS SHELTER PAD SF 133 S 8.00 E 1064.00 $ 1000 $ 133000 $ 1330 $ 1]6890 $ 1000 $ 133000 $ 5.00 $ 665.00 OS ALLOWANCE FOR UNANTICIPATED RTA IM PROVEMENTS AL 1 S 1,000.00 S 1,000.00 $ 1,00000 $ 1,00000 $ 1,00000 $ 1,00000 $ 1,00000 $ 1,00000 $ 1,00000 $ 1,00000 SUBTOTAL PART D-RTA IMPROVEMENTS Itacs Ol th,u D5) 6...00 $ 25,41000 E 4337830 $ 2893000 $ 2388500 NOBID Part E-IT(FIBER)IMPROVEMENTS HHM IZATION MAX.S%OF PARTE AL 1 S 4000.00 E 4000.00 $ 300000 $ 300000 $ 465500 $ 465500 $ 380000 $ 3800 $ 450000 $ 450000 PVC SCH.4o CONDUIT IT/MIS WITH MULE TAPE BV OPEN-CUT LF 1659 S 1].25 E RB,fii].]5 $ 1400 $ 2322600 $ 2038 $ 3381042 $ 1]25 $ 2861]]500 $ 3318000H PVC SCH4oCONDUIT IT/MISWTHMULE TAPE BV BORING LF 35 S 46.00 E 1,610.00 $ 68.00 $ 238000 $ 5985 $ 2094]5 $ 5]00 $ 199500 $ 2900 $ 101500MERCONCRETE PULL BOX IT/MIS WITH 3-INCH FRAVELBASE EA 8 S 2415.00 E 19320.00 $ 220000 $ 1]600.00 $ 2]9300 $ 22344.00 $ 300000 $ 24000.00 $ 300000 $ 24000.00UNT SINGLEMODE FIBER CABLE LF 2459 S 9.20 E 22622.80 $ 500 $ 1229500 $ 1064 $ 26163]6 $ 1150 $ 282]850 $ 1000 $ 24590.00UNT SI N GLEM ODE FIBERCABLE LF 225 S 11.50 S2,58].50 $ 500 $ 112500 $ 1330 $ 299250 $ 1425 $ 320625 $ 1200 $ 2]0000ER YN RE#10SOL0 GREENLF 1694 S 1.38 S 2,33].]2 $ 300 $ 508200 $ 160 $ 2]1040 $ 1.]0 $ 28]980 $ 1.85 $ 313390ANCE FOR UNANTICIPATED IT(FIBER)IMPROVEMENTS AL 1 S 3,000.00 S 3,000.00 $ 3,80000 $ 3,00000 $ 3,00000 $ 300000 $ 300000 $ 300000 $ 300000 $ 300000 SUBTOTALPARTE-ITFIBERIMPROVENENTSKaas EltM1ru FA $ 81,095.T/ $ 6]]0800 $ 9]]]083 $ B5,-30 $ 9611890 NOBIO Part F-STORM WATER IMPROVEMENTS F1 MOBILIZATION MAX.S%OIL PART FL AL 1 S 30,300.00 E 30,300.00 $ 2380060 $ 2380060 $ 3325000 $ 3325000 $ 34]2335 $ 34]2335 $ 45000.00 $ 4500060 F2 -I STANDARD CURB NLETREPLACEMENT EA 10 S ]548.00 E ]548060 $ ]00000 $ ]Oo0OBB $ 518700 $ 5187000 $ 76D GO $ ]6000.00 $ 800000 $ 80000.00 F3 ?-FOOT%3-FOOT POST INLET Eq 1 S 6,105.00 E 6,105.00 $ 600000 $ 6,00000 $ 305900 $ 305900 $ 670000 $ 670000 $ 625000 $ 625000 F4 15-INCH REINFORCED CONCRETE PIPE LF 21 S 105.45 E 2,21445 $ 300.00 $ 630000 $ 360.96 $ ]580.16 $ 315.00 $ 661500 $ 220.00 $ 462000 15-INCH REINFORCED CONCRETE PIPE REPLACEMENT ENT LTO NEAREST JO'NT OR FS STORM WATER MANHOLE Eq 2 S 2220.00 S 4440.00 $ 600000 $ 12000.00 $ 365]50 $ 731500 $ 660000 $ 13200.00 $ 300000 $ 600000 18-INCH REINFORCED CONCRETE PIPE RE-CEMENT(TO NEAREST JONT OR F6 STORM WATERMANHOLE EA 8 S 2,]]5.00 $ 22,20060 $ 630000 $ 50400.00 $ 365]50 $ 2926000 $ 700000 $ 56000.00 $ 400000 $ 32000.00 F] 4FOOTx 2-FOOT CONCRETE BOx CULVERT LF 451 S 582.75 S 262820.25 $ 600.00 $ 27060000 $ 523.75 $ 23621125 $ ]40.00 $ 333]4000 $ 110000 $ 49610000 F8 DEMOLITION OF 36-INCH STORM WATER LINE LF 451 S 22.20 S 10,012.20 $ 34.00 $ 15334.00 $ 93.10 $ 41988.10 $ 38.00 $ 1]138.00 $ 200.00 $ 90200.00 F9 CEM ENT STABILIZED SAND SUFFRAGE CV 25 S 138.75 S 3,468.75 $ 85.00 $ 212500 $ 266.00 $ 665000 $ 88.00 $ 220000 $ 8000 $ 200000 Fio TYPE C MANHOLE JUNCTION BOXEA 4 S 16650.00 S 6660060 $ 14000.00 $ 56000.00 $ 1662500 $ 665oo.00 $ 15800.00 $ 63200.00 $ 22000.00 $ 88000.00 F11 DEMOLITION OF STORM WATER MANHOLE EA 3 S 2]]5.00 S 8325.00 $ 200000 $ 600000 $ 352450 $ 1057350 $ 210000 $ 630000 $ 350000 $ 10500.00 F12 TRENCH SAFETY FOR STORM WATER MANH-(MNCTI ON B.AND INLETS EA 14 S 55560 S 7,770.00 $ ]00.00 $ 980000 $ 931.00 $ 13034.00 $ ]20.00 $ 1008000 $ 120000 $ 16800.00 CONCRETE COLLAR FOR STORM LINE AT TIE-IN TO INLET,MANHOLE,OR STORM F13 LINE EA 21 S 55560 S 1165560 $ 140000 $ 29400.00 $ 432250 $ 90,772 5B $ 150000 $ 31500.00 $ 850.00 $ 1]850 00 REINFORCED CONCRETE CURB AND GUTTER(6-INCH)(INCLUDES BASE AND SUFFRAGE PREP UNDERNEATH CURB AND GUTTER AND 2-FOOT BEYOND BC,AND F14 BACKFILL 2-FOOT BEYOND BC LF 3,114 S 28.00 S 8],19260 $ 3200 $ 9964800 $ 2527 $ ]8690.]8 $ 6000 $ 18684000 $ 35.00 $ LOS,-00 F15 DEM CLITION OF CONCRETE CURB AND GUTTER 6INCH AND DRIVEWAY LF 3114 S 10.00 S 31140.00 $ ].00 $ 21]98.00 $ 9.98 $ 31B77 72 $ 1125 $ 35032 50 $ 1200 $ 3]368.00 Fib SIDEWALK DRAIN INCLUDES CONCRETE CURB AND GUTTER LF 15 S 50.00 E 75060 $ 120000 $ 18,000.00 $ 43].5] $ 656355 $ 900.00 $ 13500.00 $ 150.00 $ 225000 F17 CONCRETE VALLEY GUTTER REPAI R SF 79 S 20.00 E 1,580.00 $ ]2 60 $ 5,68800 $ 5520 $ 436080 $ 68.00 $ 53]2 00 $ 2500 $ 1,9]500 F18 ADJUST EXI ST NG STORM WATER MANHOLE TO FI NI SHED GRADE EA 3 S 1650.00 E 4950.00 $ 260000 $ ].80000 $ 208588 $ 625]64 $ 340000 $ 1020000 $ 250000 $ ]500 00 F19 ALLOWANCE FOR UNANTICIPATED STORM WATER IM PROVEMEN I S AL 1 S 2],00060 E 27,000.00 $ 2]60000 $ 2]60000 $ 2],00000 $ 2],00000 $ 2],00000 $ 2],00000 $ 2],00000 $ 2],00000 SUBTOTAL PARTF-STORM WATER IMPROVEMENTSIt-Fl thI,F19 $ 663,702.65 $ ]36GG, 00 $ ]5201400 $ 93534085 $1080403.00 NOBIO Part G-WATER IMPROVEMENTS G1 MOBILIZATION MAX.S%OF PAR AL 1 $ 2500060 S 2530060 $ 2600000 $ 26000.00 $ 26600.00 $ 26600.00 $ 29400.00 $ 2940060 $ 30000.00 $ 30000.00 G2 -CH Olq C900 PVC WATERLINE DR IB LF 1613 S 104.50 S 168,558.50 $ 130.00 $ 20969000 $ 11].51 $ 18954363 $ 150.00 $ 24195000 $ 122.00 $ 196]8600 G3 6-INCHDIAC900WCWATERLINEDRIB LF 38 $ ]].00 S 2,926.00 $ 250.00 $ 950000 $ 224.]] $ 854126 $ 2]0.00 $ 1026000 $ 120.00 $ 456000 G4 2-INCH DIA C901 POLYETHYLENE WATERLINE(SDR 9) LF 43 $ 19.80 S 851.40 $ 8]00 $ 3]41 00 $ 9190 $ 3,951 7B $ D7 GO $ 4,171 GO $ 38.00 $ 163400 G5 TRENCH SAFETY FORWATERLINE LF 1651 $ 5.50 S 9,080.50 $ 4.00 $ 660400 $ 5.32 $ 8]83 32 $ 4.80 $ ]92480 $ 1.00 $ 165100 G6 16-INCH-IINCHTAPPING SLEEVE EA 1 S 11,550.00 S 11,55060 $ 250000 $ 250000 $ 6]1650 $ 6]1650 $ 2]0000 $ 2]0000 $ 850000 $ 850000 G] -CH x S-INCH TAPPING SLEEVE EA 1 $ 8800.00 S 8800.00 $ 240000 $ 240000 $ 538650 $ 538650 $ 2]00 00 $ 2]00 00 $ 625000 $ 625000 G8 -CH GATE VALVE DI MJ INCLUDES RESTRAINTS EA 15 $ 3300.00 S 4950060 $ 2]00 00 $ 40500.00 $ 232085 $ 34812]5 $ 300000 $ 45000.00 $ 380000 $ 5]000.00 G9 6I N CH GATE VALVE DI MJ I NCLU DES Ll NTS Eq 3 S 2,530.00 S 7,590.00 $ 190000 $ 5]00 00 $ 154945 $ 464835 $ 200000 $ 600000 $ 250000 $ ]500 00 BIG -CH 4SBEG BEND DI MJ INCLUDES RESTRAINTS EA 32 $ 99060 E 3168060 $ ]00.00 $ 22400.00 $ 599.83 $ 19194.56 $ 690.00 $ 2208000 $ 120000 $ 38400.00 G11 -CH 22 SBEG BEND DI MJ INCLUDES RESTRAINTS Eq 2 $ 1100.00 E 2200.00 $ 600.00 $ 120000 $ 598.50 $ 119]00 $ 680.00 $ 136000 $ 120000 $ 240000 G12 -CH 45-DEG BEND DI MJ INCLUDES RESTRAI NTS EA 6 $ 93560 E 5,610.00 $ 450.00 $ 2]00 00 $ 4]2.15 $ 283290 $ 500.00 $ 300000 $ 100000 $ 600000 G13 -CH x B-INCH CROSS DI MJ INCLUDES RESTRAINTS Eq 1 S 3,025.00 E 3,025.00 $ 140000 $ 140000 $ 106400 $ 106400 $ 150000 $ 150000 $ 280000 $ 280000 G14 &INCHx6-INCHCRCSS DI MJ INCLUDES RESTRAINTS EA 4 S 2fi40.00 E 10560.00 $ 120000 $ 480000 $ 109]25 $ 438900 $ 140000 $ 560000 $ 260000 $ 10400.00 G15 &INCH%B-INCH TEE DI MJ INCLUDES RESTRAI NTS Eq 1 S 1,650.00 E 1,650.00 $ 110000 $ 110000 $ 864.50 $ 864.50 $ 130000 $ 130000 $ 240000 $ 240000 Gib &INCHx6-I NCH TEE DI MJ INCLUBES RESTRAINTS Eq 5 S 1,540.00 E ],]00.00 $ 900.00 $ 450000 $ ]32.83 $ S. 15 $ 110000 $ SO0000 $ 220000 $ 11000.00 Gi] 2-INCHx2-I NCH TEE Eq 1 S 880.00 E 880.00 $ ]00.00 $ ]00.00 $ 645.05 $ 645.05 $ ]60.00 $ ]60.00 $ 120000 $ 120000 G18 &INCHx6-INCH REDUCERDI MJ INCLUDES RESTRAINTS Eq 1 $ 93560 E 93560 $ 600.00 $ 600.00 $ 445.55 680.00 $ 680.00 $ 112000 $ 112000 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEAS TABUUt TEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:Wed--y,Augustl7,2022 RFB4296 Mako C--ing JEConst-onS-77,LLC Clark Pipeline Services,LLC Bay Ltd. Bridges Specialties lnc Reytec Construction Resources, Inc PROJECTNO.21048 WiId.Dn(FM 624to Teague Ln.) 3636 S.Alameda,Ste.B153 ]505 Up River Rd 6229 Leopard Street 401 Corn Prod u-Ed,Bldg 1 4233 FM 624 1901 Ho1119er BASE BID#1 HMAC Corpus CM1d9i,T%]8411 Corpus 11.1,T%]8409 Corpus CM1d9i,T%]9409 Corpus_9i,T%]8409 RON--T%]6380 Huston,T%]]080 ITEM DESCRIPTION UNIT OTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT G19 -CH PLUG DI MJ INCLUDES RESTRAINTS EA 3 S 6fi5.. S 1,996.50 $ 600.00 $ 160000 $ 5]8.55 $ 173565 $ 680.00 $ 204000 $ 520.00 $ 156000 620 61NCH CAP WTH 2-INCH THREAOEO TAP 01 MJ INCLUDES RESTRAINTS Eq 1 S 599.50 S 599.50 $ 900.00 $ 900.00 $ ]84.]0 $ ]84.]0 $ 110000 $ 110000 $ 180000 $ 180000 G21 16-INCH TIE-IN CONNECTI ON EA 1 S 110060 S 1100.00 $ 1500060 $ 15000.00 $ 83]900 $ 83]900 $ 16900.00 $ 16900.00 $ 10500.00 $ 10500.00 G22 -CH TIE-IN CONNECTION EA 2 S 550060 S 1100060 $ 900000 $ 18000.00 $ 458850 $ 91]]00 $ 10400.00 $ 20800.00 $ 800000 $ 16000.00 G23 61NCH TIE-IN CONNECTION EA 3 S 3,850.00 S 0.00 11,55 $ 500000 $ 15000.00 $ 163590 $ 490]]0 $ 560000 $ 16800.00 $ 660000 $ 20400.00 FIRE HYDRANT ASSEMBLY(INCLUDING FH,VALVE,BENDS,AND DI LEAD)(NOT 624 IN CLUDI NG TEE SHORT EA 8 S 9350.00 S 7480060 $ 900000 $ ]2000 00 $ 5,472 05 $ 43]83BIG $ 460000 $ 38400.00 $ 11500.00 $ 92000.00 FIRE HYDRANT ASSEMBLY(INCLUDING FH,VALVE,BENDS,AND DI LEAD)(NOT G25 IN CLUDI NG TEE LONG EA 6 S 10,45060 S 62,]00.00 $ 13000.00 $ ]B 60060 $ 736820 $ 4420920 $ ]10000 $ 42600.00 $ 15000.00 $ 90000.00 G26 REM COVE EXIST NG WATERLI NE INCLUDES B-INCH AND 6-INCH LF 571 S 82.50 S 4],10].50 $ 6260 $ 3540260 $ 4]]3 $ 2]253.83 $ ]000 $ 399]0 00 $ 55.00 $ 3140500 G2] GROUT FILL ANO ABANOONINPLACEE%ISTING B-INCHWATERLINE LF 1 13.75 S 15482.50 $ 1000 $ 2026000 $ 2261 $ 25458.86 $ 4260 $ 4729260 $ 1260 $ 1351260 628 REMIEANO SALVAGEFI RE HYORANTASSEMBLY EA ] S 550.00 S 3,850.00 $ 143.00 $ 1,00160 $ fi66.33 $ 4fi6431 $ 160000 $ 11200.00 $ 200000 $ 14000.00 WATER M ETER RECONNECTION(INCLUDING REM IAL OF EXISTING SERVICE ANO 629 INSTALLATION OF NEW SERVICE Eq 8 S 2200.00 E 1]fi00.00 $ 2]00 00 $ 2160000 $ 4fi6165 $ 3]29320 $ 300000 $ 2400000 $ 200000 $ 1600000 630 JADJUST EX I STING WATERVALVE VAULT MANHOLE TO FINISHED GRADE EA 1 S 3,850.00 E 3,850.00 $ 5,60000 $ 5,60000 $ 458.85 $ 458.85 1$ 6,30000 $ 6,30000 $ 2,50000 $ 2,50000 631 ALLOWANCE FOR UNANTICIPATED WATER IM PROVE.ENTS AL 1 S 25,000.00 1 E 25,000.00 $ 2500060 1$ 25,00000 1$ 25,00000 $ 25,00000 1$ 25,00000 1$ 25,00000 1$ 25,00000 $ 25,00000 SUBTOTAL PART G-WATER IMPROVEMENTS Items Gl th I,G31 S 624,732.40 $ 65560600 1 E 68428]80 E ]242]8.00 NO BIO Part H-WASTEWATER IMPROVEMENTS Hi MOBILIZATION(MAX 51 OFPARTH AL 1 S 9000.00 S 9000.00 $ 960000 $ 960000 $ 864500 $ 864500 $ ]00000 $ ]00000 $ ]00000 $ ]00000 REHABILITATE E%ISTING'INCH DIA.VCP WASTEWATER GRAVITY LINE BY PIPE H2 BURSTINGWI IO-INCH HDPE LF 132 S TA6.40 S 32,5TA.80 $ 300.00 $ 39600.00 $ 414.32 $ 5469024 ffl� $ 00 $ 3828000 $ 235.00 $ 3102000 REHABILITATE EXISTING 10-INCH DIA.VCP WASTEWATER GRAVITY LINE BY PIPE H3 BURSTING WI I2-INCH HDPE LF 238 S 302.40 S ]19]1.20 $ 3]560 $ 6925000 $ 219.45 $ 52229.10 00 $ ]8540 00 $ 285.00 $ 6]830 00 H4 4FOOT DIA.FIBERGLASS MANHOLE 30 TO 60 FEET DEEP EA 3 S 14,00060 S 42,000.00 $ 12000.00 $ 36000.00 $ 106]458 $ 32023]4 00 $ 36600.00 $ 12000.00 $ 36000.00 H5 TRENCH SAFETY FOR WASTEWATERMANHOLE EA 3 S 1,120.00 S 3,360.00 $ 3500000099005800 00 $ 106000 $ 800.00 $ 240000 H6 SIDEWALK REPLACE.ENT SF 40 S 10.00 S 400.00 $ 2]00 $ 108000 $ ]53] $ 301480 00 $ 480000 $ 2500 $ 100000 H] CURB AND GUTTER REPLACEM ENT LF 10 S 40.00 S 40060 $ ]600 $ ]60.00 $ 46.55 $ 465.50 00 $ 2]0000 $ 18560 $HS PAVEM ENT REPAIR SY 3 S 330.00 S 99060 $ 190.00 $ 5]0.00 $ 399.00 $ 119]00 0 $ 540000 $ 150000 $ 450000 DEMOLITION AND REM IAL OF E%ISTING I NCH DIA VCP WASTEWATER GRAVITYH9 LI NE STUB,FEET AND PLUG EA 1 S 1680.00 S 1680.00 $ 220000 $ 220000 $ ]16205 $ ]16205 00 $ 180000 $ 100000 $ 100000 H10 E%ISTING 4l NCH WASTEWATER GRAVITY LINE TIE-IN TO NEW MANHOLE EA 1 S 3,920.00 S 3,920.00 $ 2,30000 $ 2,30000 $ 2,]]9]0 $ 2,]]9]0 00 $ 210000 $ 300000 $ 30000011 E%ISTNGINCH WASTEWATERGRAVITY LINETI IINTONEWMANHOLE Eq 1 S 5,040.00 S 5,040.00 $ 2,30000 $ 2,30000 $ 2,]9965 $ 2]9965 00 $ 2,10000 $ 3,20000 $ 3,20000 IT 121 E%ISTING IO-INCHWSSTEWAT ER GRAVITY LI HE TIE-IN TO NEW MANHOLE Eq 3 S 6160.00 S 1848060 $ 250000 $ ]50000 $ 295925 $ 88]]]5 $ 250000 $ ]50000 $ 350000 $ 1050000 H13 ALLOWANCE FOR UNANTICIPATED WASTEWgTER IMPROVE.ENTS qL 1 S 5,00060 S 5,00060 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 5000005,00000 SUBTOTAL PART H-WA 11-TER IMPROVEMENTS Items Hi th H13 S 194,]66.00 $ 19]21000 E 1848]253 $ 19290000 $ 1]430000 1 NOBID Parti-GASIMPROVEMENTS ;g'LLAION MA%.5%OFPARTI qL 1 S 2500.00 E 2500.00 $ 200000 $ 200000 $ 133000 $ 133000 $ 150000 $ 150000 $ 200000 $ 200000BACKFILL AND COMPACTION OF TRENCH FORADJUSTED GAS LINENTSTOBE COMPLETED BYTHECTYGASDEPARTMENT LF 1,520 S 33.60 E 51,0]260 $ 2000 $ 4256060 $ 5653 $ 85,92560 $ 2500 $ 38,00000 $ 2000 $ 4256000 FETYFORGAS LINE LF 1520 S 2.24 E 3404.80 $ 5.00 $ ]60000 $ 1.33 $ 202160 $ 5.00 $ ]60000 $ 1.00 $ 100E FOR UNANTICIPATED GASIM PRIEMENTS qL 1 S 5,000.00 E 5,000.00 $ 5.00000 $ 5.00000 $ 5,00000 $ 5,00000 $ 5,00000 $ 500000 $ S.G. $ 5,00000 SUBTOTAL PARTI-GAS IMPROVEMENTS Items 11 th,u 14 S 61,9]6.80 E 5]16000 E 942T/.20 $ 5210060 $ Al'..00 NO BID Part J-TRAFFIC SIGNAL IMPROVEMENTS A MOBILIZATION(MAX.5%OF PARTJ AT 1 S 600060 S 600060 $ ]000 00 $ ]000 00 $ ]960 00 $ ]960 00 $ ]000 00 $ ]000 00 $ 6fi$ 6,-650000INSTALL HWY TRF SIG(UPGRADE)(INCLUDING REMIAL OF E%ISTING ITEMS TO BE REPLACED SUCH AS PUSH BUTTONS,WIRING,MAST ARM SIGNSAND OTHERJ2 ITEMS CONSIDERED AS INCIDENTALTOUPGRADING THETRAFFICSIN AL EA 1 S 20,]00.00 S 20,]0060 $ 9,50000 $ 950000 $ 2394000 $ 2394000 $ 15000.00 $ 15000.00 $ 155800.00J3 ELEC CONOR NOB BARE LF 500 S 1.96 S SSoW $ 200 $ 100000 $ 226 $ 113000 $ 2.50 $ 125000 $ 125000ILSN LED SS DURALIGHT RIGID BACK MOUNT EA 4 S 3,]3].50 S 14,950.00 $ 500000 $ 24000.00 $ 432250 $ 1]290.00 $ 4]0000 $ 18800.00 $ 35200.00JS TRF SIG CBL TYA 12 AWG 2CONOR LF 1410 S 1.% S2,]63.60 $ 2.00 $ 282000 $ 246 $ 346860 $ 2.50 $ 352500 $ 352500J6 TRF SIG CBL TYA 14 AWG 3CONER LF 855 S 2.01 $ 1]18.55 $ 2.00 $ 1]1000 $ 2fi6 $ 22]430 $ 2.50 $ 213]50 $ 213]50PED DETECT PUSH BUTTON(APS-POIARA TOCHLESS ACTUATION)WIR10-3E J] SIGN EA 8 S 1,01].]5 E 8,142.00 $ 1,40000 $ 11200.00 $ 11]]05 $ 941640 $ 130000 $ 10400.00 $ 112000.00JS PED DETECTOR CONTROLLER UNIT EA 1 S 4,42].50 S 4,42].50 $ ],60000 $ ]60000 $ 512050 $ 512050 $ 550000 $ 550000 $ 5500000 MIOVISION CAMERA- -ITEM S SUBSIDIARY TO MI II SION CAMERA (1)SMARTLINKWIRELESSCONN AND SENSORHUB(PX11215- 1) N)SMARTSENSE MUTLIMODAL VIDEODETECTION(PX11215602) (2)SMARM EW 360 CAM ERA WI BELL HOUSING(PXX11215-(p3) (1)SOFTWARE:TRAFFIC LINK SIG COMM&TRAFF OPS(PBN1121]- 1) F)SOETWARE:TRAFFIC LINK PERFORMANCE(PBU1121]-(p2) (1)SOFTWARE:TRAFFIC LINK M ULTIM OD DET 8 C W NTS(PBU1121]-(p3) J9 2 MOU NT:120"PENDANT SS CBLBHW J-PIPE LS 1 $ 47,121.25 1$ 47,121.25 $ 43,00000 $ 43000.00 $ 5453000 $ 5453000 $ 58]0060 $ 58]0060 $ 51000.00 $ 51000.00 TABULATION OF BIDS PROCUREMENT-CII"OF CORPUS CHRISTI,TEAS TABUUt IEDB": RJB DESIGN ENGINEER:RTE BIDDATE:W.dI,-day,Augustl7,2022 RFB4296 Mako C--ing JEConst-onS-77,LLC Clark Pipeline Services,LLC Bay Ltd. Brid9es Specialties lnc Reytec Construction Resources, Inc PROJECTNO.21048 WiId.Dr.(FM 624to Teague Ln.) 3636 S.Alameda,Ste.B153 ]505 Up River Rd 6229 Leopard Street 401 Corn Prod u-Ed,Bldg 1 4233 FM 624 1901 Ho1119er BASE BID#1 HMAC Corpus CM1d9i,T%]8411 Corpus 11.1,T%]8409 Corpus CM1d9i,T%]8409 Corpus_9i,T%]8409 ROM--T%]8380 Huston,T%]]080 ITEM DESCRIPTION UNIT GT" UNITPRICE I AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT J10 ETHERNETCABLETCAT5E LF 410 S 1.73 S ]09.30 $ 1.00 $ 410.00 $ 2.00 $ 820.00 $ 220 $ 902.00 $ 2.50 $ 102500 J11 WAVETRONI%CLICK656 13 ET NTERFACE DEVICE Eq 1 S ],]05.00 S ],]05.00 $ 10000.00 $ 10000.00 $ 891100 $ 691100 $ 960000 $ 960000 $ 850000 $ 850000 J12 RADARAD DETECTOR WAVETRONI% Eq 2 S 8165.00 S 16330.00 $ 11000.00 $ 22000.00 $ 944300 $ 18886.00 $ 10200.00 $ 20400.00 $ 900000 $ 18000.00 J13 RADARADVANCEDETECTORCOMM.B POWERCABLE SMARTSENSOR.0 LF 460 S 3.22 S 1,481.20 $ 5.00 $ 230000 $ 3.72 $ 171120 $ 4.00 $ 184000 $ 5.00 $ 230000 J14 TR1 MITIGATOR DAMPING PLATES Eq 2 S ]93.50 S 1,58].00 $ 4]00 00 $ 940000 $ 931.00 $ 186200 $ 990.00 $ 198000 $ 850.00 $ 1]0000 J15 ALLOWANCE FOR UNANTICIPATED TRAFFI C SIGNAL IM PROVEMENTS qL 1 S ],500.00 S ],500.00 $ ],50000 $ 7,50000 $ 750000 $ ],50000 $ ],50000 $ ],50000 $ ],50000 $ ],50000 SUBTOTAL PARTJ-TRA FFIC SIGMA L IMPROVEMENTS 1- Jl thlu J15 $ 142,115.40 $ 15944000 $ 16484000 $ 16453450 $ 15143]50 NOBID Part K-LIGHTING IM-EMENTS Kl MOBILIZATION Mq% F PARTAL 1 S 5,000.00 E 5,000.00 $ 2,00000 $ 2,00000 $ 4,65500 $ 4,65500 $ 5,00000 $ 5,00000 $ 6,00000 $ 6,00000 K2 CON DTPVCSCH402" LF 1466 $ 25.00 S3]200.00 $ 1300 $ 19344.00 $ 2126 $ 31664.64 $ 2500 $ 3720000 $ 2000 $ 29]6000 K3 CON DT PVC SCH 40 4"SLEEVE LF 241 S 32.20 E ],]60.20 $ 4000 $ 964000 $ 3724 $ 897484 $ 4000 $ 964000 $ 36.00 $ 86]000 K4 GROUND BO%TYq 122311 WIgPRON Eq 8 S 1,081.00 E 8,648.00 $ 140000 $ 11200.00 $ 126350 $ 10108.00 $ 130000 $ 10400.00 $ 250000 $ 20000.00 K5 DEM OLISH EXISTING LI GHT FIXTURES EA 3 S 1]2.50 E 517.50 $ 930.00 $ 2]9000 $ 259350 $ ]]8050 $ 210.00 $ 630.00 $ 100000 $ 300000 INSTALLNEW STREET LIGHT POLE AND WIRING WITH MAST ARM AND LED K6 LUMINAIRE EA ] S 7,820.00 S 54,]40.00 $ 860000 $ 60200.00 $ 48]4 4121 45 $ 3 .15 $ 9]0000 $ 6]900.00 $ 860000 $ 61600.00 INSTALL NEW STREET LIGHT AND WIRING WITH MAST ARM AND LED LUMINAIRE K] ON EXISTING POLE EA 1 S 1,380.00 S 1,380.00 $ 1,90000 $ 190000 $ 1,183]0 $ 1,183]0 $ 1,]0000 $ 1,]0000 $ 3,20000 $ 320000 K8 ALLOWANCE-UNANTICIPATED LIGHTING IMPROVEMENTS AL 1 S 3,000.00 S 3,000.00 $ 3.00000 $ 300000 $ 3,00000 $ 3,00000 $ 3.D0000 $ 3.000.00 $ 3.00000 $ 3,00000 SUBTOTAL PARTK-LIGHTING IMPROVEMENTS Items KI th,u KB $ 118,245.70 $ 1100]400 $ 10148]83 $ 13547000 $ 135236.00 NO BIO TOTAL BASE BID $ 3,269,820.07 $ 3,553,755.00 $ 4,007,008.21 $ 4,070,000.00 $ 4,076,797.90 NO BID TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEAS TABUTATEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:Wednesday,Augustl7,2022 REB-6 Mako Contrzding JE Construction Services,LLC Rey[ec Cons[iIXion Resources, Bay Ltd. Bridges Specialties lnc Clark Pipeline S-ces,LLC PROJECTNO.21048 Wildest Dr.(FM 624to Teague Ln.) 3636 S.Alameda,Ste.B153 ]505 UP Rrver Rd 1901 Ho1119er 401 Com Products Rd,BMg 1 4233 FM 624 6229 Leopard Street BASE BD02 CONCRETE Corpus Ch-,T%]8411 Corpus CH,A,T%]8409 Huston,T%]]080 Corpus CM1dsti,T%]8409 Rob.-T%]8380 Corpus Ch-,T%]8409 ITEM DESCRIPTION UNIT QlY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT PartA-Ge.I(per SECTION012901N SUREMENTANDBASISFORPAYMENT) Al MOBILIZATION MAX 5F OF PART A) AT 1 S 1000000S 1000000 $ 1650600 $ 1650600 $ 1500600 $ 1500600 A2 BONDS&INSURANCE AL 1 S 61,25000 S 61,25000 $ 37 00600 $ 37 00600 $ 70 00600 $ 7BBBB BB A3 CLEAR RI GHT OF WAV AC 2 S 8,000.00 S 17,84000 $ ]ROB 00 $ 1561600 $ 100000 $ 223000 A4 TEM PORARV TRAFFIC CONTROL MO 8 S 4000.00 S 3200000 $ 18000.00 $ 14400000 $ 24000.00 $ 19200000 TEMPORARY INTERSECTION SIGNAL ADJUSTMENTS(ALL PHASES OF TRAFFIC A5 CONTROL) EA 1 S 1],53].50 S 1],53].50 $ 1]000.00 $ 1]000.00 $ 15000.00 $ 15000.00 A6 TEM PORARV TRAFFIC MESSAGE BOARD EA 3 S 22,9]]00 S 68,93100 $ 2]000.00 $ 81000.00 $ 21000.00 $ 63000.00 TEMPORARY TRAFFIC CONTROL DESIGN BY A PROFESSIONAL ENGINEER(ALL A7 PHASES) LS 1 S 1150000 S 11500.00 $ 13000.00 $ 13000.00 $ 11000.00 $ 11000.00 TEMPORARY TRAFFIC SIGNAL DESIGN BY A PROFESSIONAL ENGINEER(ALL AS PHASES) LS 1 S 5,000.00 S 5,000.00 $ 1]000.00 $ 1]000.00 $ 540000 $ 540000 A9 TRAFFICCONTROL ON EOFFICERASSISTANCE HR 40 S 100.00 S 4000.00 $ 300.00 $ 12000.00 $ 54.00 $ 216000 A10 STORM WA TER POLL UTI ON PREVENTION PLAN LS 1 S 10,00000 S 10,00000 M�� $$ 220000 $ 16500.00 $ 1650000A11SILT FENCE LF 2]]4 S 5.00 S 13,8]0.00 $ 11096.00 $ 4.00119600Al2 INLET PROTECTION EA 12 S 100.00 S 120.00 $ 300000 $ 10].00 $ 128400A13 SURVEY MONUMENT Eq 2 S 1,500.00 S 3,000.00 $ 400000 $ 162000 $ 324000 q14 BLOCK SODDING SV 1355 S 10.00 S 13,55000 $ 24390.00 $ ].00 $ 948500 A15 PRIVATE PROPERTY VEGETATION REPLACEM ENT LS1 S 5000.00 S 5000.00 $ 300000 $ 540000 $ 540000 A16 ALLOWANCE FOR UNANTICIPATED VEGETATION ISSUES AL 15000.00 S 5000.00 $ 500000 $ 500000 A17 ALLOWANCE FOR UNANTICIPATED ENVIRONMENT AL ISSUES qL 1 E 5,000.00E5,00000 $ 5,00000 $ 500000 $ 5,00000 SUBTOTAL PARTA-GENERAL Itans Al tM1ru Ai] S 284,6]8.50 E 41079600 $ 4S2795 OB NO BIO NO BIO NOUN Part B-STREETIMPROVEMENTS E1 MOBILIZATION AX OF PART B AL i S 50000.00 E 50000.00 $ 2300600 $ 2300600 $ 7B BB $ ]000000 B2 CONCRETE PAVEMENT]-INCH THICK SV 6,304 S 100.00 E 630,400.00 $ ]200 $ 45388600 $ 132.00 $ 832126 BO B3 HMACTVPED BOND BREAKER 1-INCH THI CK SV 6,304 S 14.09 S 88,823.36 $ 1100 $ 69344.00 $ 1600 $ 10086400 B4 CRUSHED LIMESTONE FLEX BASE(TYPE q G NP DE 1-2 6-INCH THICK SV 6304 S 18.00 S 1134]2.00 $ 2400 $ 15129600 $ 3200 $ 201]2600 B5 LIME STABILIZED AND COMPACTED SUED UP 8-INCH THICK SV 61]0 S 15.00 S 92,55000 $ 1600 $ 98]2600 $ 2400 $ 14808000 B6 STREET EXCAVATION AND EMBANKMENT SV ]]45 S 12.00 S 92,940.00 $ 1800 $ 13941000 $ 2400 $ 18588000 B] REINFORCED CONCRETE DRIVEWAY 6-INCH THICK SF 4554 S 8.50 S 38]0900 $ 1300 $ 5920200 $ 1500 $ 6831600 B8 DEM CLITION OF CONCRETE DRIVEWAY SF 4173 S 5.00 S 20,86500 $ 4.00 $ 1669200 $ 0.85 $ 354]05 B9 CON CRETE PAVEM ENT TO ASPHALT PAVEM ENT TI E-IN LF 108 S 25.00 S 2,]0000 $ 12600 $ 12960.00 $ 10].00 $ 11556.00 B10 REFL PAY MRKTVI 4"DBL 090 MIL LF 168 S 2.53 S 42504 $ 3.00 $ 504.00 $ 2.50 $ 420.00 Ell REFL PAV MRK IV 4"BRI( 090 MIL LF 1,365 S 1.27 S 1,733.55 $ 2.00 $ 2,73B BB $ 120 $ 163600 B12 REFL PAV MRK TVI W 4"Sar LF 2873 S 1.27 S 3,648.]1 $ 2.00 $ 5,16 BB $ 120 $ 344]60 REFL PAV MRK TV C HEAT gPPLIEO PREFAB PREFORMED TH ERM OPLSTIC(BLACK) 313 6"SLD 125 MIL STOP BAR CONTRAST LF 108 S 12.08 S 1304.64 $ 1400 $ 151200 $ 1100 $ 118800 REFL PAV MRK TV CHEAT APPLIED PREFAB PREFORMED THERMOPLSTIC(W)24" 314 SLD 125MIL LF 54 S 2A.15 S 1,304.10 $ 2600 $ 140400 $ 2300 $ 124200 315 I REFL PAV MRKR TV IIA A EA 34 S 6.90 S 234.60 $ ].00 $ 238.00 $ ].00 $ 238.00 Bib REFL PAV MRKRI II-B-B EA 8 S 6.90 S 55.20 $ ].00 $ 56.00 $ ].00 $ 56.00 FURNISH AND INSTALL ROADSIDE TRAFFIC SIGN AND SIGN SUPPORT ASSEMBLY Bi] TRIANGULAR SLIPBgSE' Eq 15 $ 833.75 $ 12,506.25 $ 920.00 $ 13800.00 $ ]80.00 $ 11]00.00 FURNISH AND INSTALL STOP 8 ALL WAV SIGN WITH NEW STREET NAME BLADES 318 2 AND SIGN SUPPORTASSEMBLV TRIANGULAR SLIPBgSE Eq 3 $ 1063.]5 $ 3191.25 $ 350000 $ 10500.00 $ 100000 $ 300000 FURNISH ANDINSTALL SCHOOL ZONE FLASHER BEACON ASSEMBLY(SOLAR POWERED)Wl5 LF OF-CH DIAMETER SCREW WIN TYPE ANCHOR FOUNDATION AND 5 YEARS CELLULAR COMMUNICATIONS AND SUPPORT PACKAGE,GLANCE 319 SOFTWAREANDCONFIGURATION Eq 1 2 S 1063].50 S 212]500 $ 11]00.00 $ 2340600 $ 1000600 $ 2000600 320 REMOVE AND DISPOSE OF E%I STINGSIGNS ANDSUPPORTASSEMBLV 1 Eq 18 $ 132.25 S 2,380.50 $ 145.00 $ 2,61000 $ 120.00 $ z,1.BB B21 ALLOWANCE FOR UNANTICIPATED STREET IM PROVEMENTS qL 1 S ]2,30000 S ]2,000.00 $ ]200600 $ ]200600 $ ]200600 $ ]200 000 SUBTOTALPARTB-STREET IMPROVEMENTSItems El thru B21 51,250,518.20 $1,159,012 00 1 $1]3918265 1 NOBID I NOBID NOBID Part C-ADA IMPROVEMENTS Cl MOBILIZATION Mq%.5%OF PA RTC AT 1 $ ]500.00 S ]500.00 $ 950000 $ 950000 $ 500000 $ 500000 REINFORCED CONCRETE SIDEWALK ETIINCH THICK)(INCLUDING 2JNCH THICK C2 SAND CUSHI ON AND SUBGRADE PREP SF D),- S 8.50 S 89,190.50 $ 1100 $ 11542300 $ 1600 $ 10493000 C3 DEMOLITION OF CONCRETE SIDEWALK SF 8484 S 5.00 S 4242000 $ 3.00 $ 2545200 $ 0.50 $ 4,24200 C4 REINFORCED CONCRETE CURB RAM P I INCLUDES-CH TRANSITION CURB SF 496 S 25.00 S 12,40000 $ 4600 $ 23808.00 $ 35.00 $ 1]360.00 C5 DEMOLITION OF CONCRETE CURB RAMP SF 196 S 5.00 S 980.00 $ 12 00 $ 2 352 00 $ 1.00 $ 196.00 REFL PAV MRK TV C HEAT AW ED PREFAB PREFORMED THERMOPLSTIC(BLACK) C6 6"SLD 125 MIL CROSSWALK CONTRAST LF 324 S 2.50 S 810.00 $ 1400 $ 453600 $ 1100 $ 356400 REFLPAV MRK TV C HEAT APPLIED PREFAB PREFORMED THERMOPLSTIC(W)24" C] SLD 125 MIL LF HO S 2.50 S 405.00 $ 2300 $ 3,]2600 $ 2300 $ 3,726 BO C8 ALLOWANCE FOR UNANTICIPATED ADA IMPROVEMENTS AL 1 $ 9,000.00 E 9,000.00 $ 900000 $ 9,00000 $ 9,00000 $ 9,00000 SUB -ADA IMPROVEMENTS Items Cl th CB S 162,]05.50 E 193]9]00 E 14801800 NO BID NO BIO NO BID TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABUTATEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:Wednesday,Augustl7,2022 RFB4296 Mako c--ing JE Construction Services,LLC Reytec Cons -1,Resources, Bay Ltd. Britlges Specialties Inc -pip- Services,LLC PROJECTNO.21048 Wild.t Dr.(FM 624to Teague Ln.) 3636 S.Alameda Ste.B153 ]505 Up Rrver Rd 1901 Ho11-, 401 Com Pretlucis Rd,BMg 1 4233 FM 624 6229 Leopard Street BASE BID 52 CONCRETE Corpus CM1dsti,T%]8411 Cor pus CM1risli.T%]8409 Huston,T%]]080 Corpus CM1d9i,T%]8409 Rob9own,T%]8380 Corpus Ch-,T%]8409 ITEM DESCRIPTION UNIT QlY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT ------------------------------------------------- Part D-RTA I WROVEMENTS D1 MOBILIZATION MAX.5_ARTO AL S 1,200.00 S 1,200.00 $ 100000 $ 100000 $ 100000 $ 100000 REINFORCED CONCRETE BUS RCIADWAV PAD(8-INCH THICK WITH 12-INCH THICK D2 LI M ESTONE FLEX BASE) 30.00 S 19800.00 $ 2400 $ 1584000 $ 3200 $ 2112000 REINFORCED CONCRETE BUS SHELTER PAD(5-INCH THICK)(INCLUDING 2-INCH D3 THICK SAND CUSHION AN D SUBGRADE PREP SF 240 S 24.00 S 5,]60.00 $ 2600 $ 624000 $ 2500 $ 600000 D4 DEMOLITION OF CONCRETE BUS SHELTER PAD SF 133 S 8.00 S 1064.00 $ 1000 $ 133000 $ 2.00 $ 266.00 OS ALLOWANCE FOR UNANTICIPATED RTA IM PROVEMENTS qL 1 S 1,000.00 S 1,000.00 $ 100000 $ 100000 $ 100000 $ 100000 SUBTOTAL PART.-RTA IMPROVEMENTS 1-Dl th-D5 $ 28A..00 E 2541000 E 2938600 NOBID �NB, NO BID Part E-IT(FIBER)IMPROVEMENTS E1 MOBILIZATION Mq%.5%OF PARTE AL 1 S 4,000.00 S 4,000.00 $ 3,00000 $ 3,00000 $ 3,00000 $ 3,00000 E2 2 I CH PVC INCH 4B)CONDUIT ITIMIS WITH MULETAPE BY OPEN-CUT LF 1659 S 1].25 S 2861].]5 $ 1300 $ 2156]00 $ 1]00 $ 2820300 E3 2-INCH PVC SCH.40 CONDUIT ITIMIS WITH MULETAPE BY BORING LF 35 S 46.00 S 1,610.00 $ 6000 $ 238000 $ 5300 $ 185500 E4 POLYMER CONCRETE PULL BOX ITIMIS WITH 3-INCH GRAVEL BASE EA 8 S 2,415.00 S 19,320.00 $ 220000 $ 1]60000 $ 185000 $ 14800.00 E5 72 COUNT SINGLEMOBE FIBER CABLE LF 2459 S 9.20 S 22622.80 $ 5.00 $ 1229500 $ 4.00 $ 983600 E6 24 COUNT SINGLEMODE FIBER CABLE LF 225 S 11.50 S 2,58].50 $ 5.00 $ 112500 $ 3.50 $ ]8].50 E] TRACER W RE#10 SOLID GREEN LF 1694 S 1.38 S 2,33].]2 $ 4.00 $ 6,]]600 $ 3.00 $ 5,08200 EB ALLOWANCE FOR UNANTICIPATED IT(FIBER)IMPROVEMENTS AL 1 S 3,000.00 E 3,000.00 $ 3,00000 $ 3,00000 $ 3,00000 $ 3,00000 SUBTOTALPARTE-ITFIBERIMPROVEWNTSI-Elth EB E 84,095.T] E 6]]4300 $ 6656350 NOBID NOBID NO BID Part F-STORM WATER IMPROVEMENTS Fl MOBILIZATION MAX.5D OFPARTF AL 1 S 25,000.00 S 25,00000 $ 2400000 $ 2400000 $ 15000.00 $ 15000.00 F2 -I STANUARDCURBINLETREPLACEMENT EA 10 S ]Sd8.00 S ]548000 $ 6]00 00 $ 6]00000 $ 5,767 2N $ 5]6]000 F3 3FOOT%3-FOOTPOSTINLET - 1 S 6105.00 S 6105.00 $ 600000 $ 600000 $ 395300 $ 395300 F4 15-INCH REINFORCED CONCRETE PIPE LF 21 S 105.45 S 2,214.45 $ 2]5.00 $ 5,775 BB $ 153.00 $ 321300 15-INCH REINFORCED CONCRETE PIPE REPLACEMENT(TO NEAREST JOINT OR F5 STORM WATERMANHOLE) EA 2 S 2220.00 S 444000 $ 590000 $ 11800.00 $ 165400 $ 330800 18-INCH REINFORCED CONCRETE PIPE REPLACEMENT(TO NEAREST JOINT OR F6 STORM WATERMANHOLE EA 8 S 2,]]5.00 S 22,21.1 $ 630000 $ 50400.00 $ 166500 $ 1332000 F] 4-FOOT%2-FOOT CONCRETE BOX CULVERT LF 451 S 582.]5 S 262,820.25 $ 600.00 $ 2]060000 $ 482.00 $ 21]38200 FB DEM OLITION OF 36-INCH STORM WATER LI NE LF 451 S 22.20 S 10012.20 $ 33.00 $ 1488300 $ 1400 $ 631400 F9 CEMENT STABILIZED SAND SUBGRADE CV 27 S 138.75 S 3,]46.25 $ 83.00 $ 224100 $ 118.00 $ 318600 F10 TYPE C MANHOLE JUNCTION BO% EA 4 S 16,65000 S 66,60000 $ 1390000 $ 55600.00 $ 936600 $ 3]46400 F11 DEMOLITION OF STORMWATERMANHOLE EA 3 S 2]]5.00 S 8325.00 $ 200000 $ 600000 $ 636.00 $ 190800 F12 TRENCH SAFETY FOR STORM WATER MANHOLE JUNCTION BOX)AN.INLETS EA 14 S 555.00 S ],]]000 $ 600.00 $ 840000 $ 9300 $ 130200 CONCRETE COLLAR FOR STORM LINE AT TIE-IN TO INLET,MANHOLE,OR STORM F13 LINE EA 21 S 55500 S 1165500 $ 130000 $ 2730000 $ 961.00 $ 2018100 REINFORCED CONCRETE CURB AND GUTTER T-INCH)(INCLUDES BASE AND SUBGRADE PREP UNDERNEATH CURB AND GUTTER AND 2-FOOT BEYOND BC,AND F14 BACKFILL 2-FOOTBEVOND BC LF 3,114 S 28.00 S 87,19200 $ 3200 $ 9964000 $ 8.00 $ 21,91200 F15 DEMOLITI ON OF CONCRETE CURB AND GUTTER B-INCH AND DRIVEWAY LF 3114 S 10.00 S 31140.00 $ ].00 $ 21]98.00 $ 3.00 $ 934200 F16 SIDEWALK DRAIN INCLUDESCONCRETECURB AND GUTTER LF 15 S 50.00 S ]50.00 $ 110000 $ 16500.00 $ 535.00 $ 802500 Fi] ADJUST EXISTING STORM WATER MANHOLE TO FI NI SHED GRADE EA 3 S 20.00 S 60.00 $ 260000 $ ]800 00 $ 230000 $ 690000 Fib ALLOAANCE FOR UNANTICIPATED STORM WATER IM PROVEMENTS AT 1 S 31,00000 S 31,00000 $ 3100000 $ 3100000 $ 31000.00 $ 3100000 SUBTOTAL PART F-STORM WATER IMPROVEMENTS Mems Fl-F18 $ 656,510.15 E ]26]4500 $ 46438000 NOBID NOBID NO BID Part G-WATER IMPROVEMENTS G MOBILIZATION(MAX 5-A OF PART G) AL 1 S 85,000.00 S 85,000.00 $ 26,00000 $ 26,00000 %32 00 $ 2000000G2 8-INCHDIA C900 WCWATERLINE DR 18 LF 1613 S 104.50 S 168558.50 $ 130.00 $ 20969000 .00 $ 20001200G3 &INCH DIA C900 PVC WATERLI NEDR18LF 38 S ]]00 S 2926.00 $ 25000 $ 00 .00 $ 695400G4 2-INCH DIA C901 POLVETHVLENE WATERLINE SDR9 LF 43 S 19.80 S 851.40 $ 86.00 $ 369800 1.00 $ 4]]300GS TRENCH SAFETY FORWATERLINE LF 1651 S 5.50 S 9,080.50 $ 500 $ 825500 1.00 $ 165100G6 i6-INCH%8-INCH TAPPING SLEEVE EA 1 S 11550.00 S 11550.00 $ 250000 $ 250000 500 $ 931500G] 8-INCH%8-INCH TAPPING SLEEVE EA 1 S 8,80000S8,80000 $ 240000 $ 240000 300 $ 6]2300GB 8-INCH GATEVALVEDINCLUDESRESTRAINTS EA 15 S 3,300.00 S 49,500.00 $ 2]0000 $ 40500.00 00 $ 3291000G9 61 N CH GATE VALVE DI MJ NCLU DES RESTRAINTS EA 3 S 2530.00 S ]590.00 $ 180000 $ 540000 800 $ 503400G10 8-INCH 45DEG BEND DI MJ INCLUDES RESTRAINTS EA 32 S 99000 S 31,68000 $ 600.00 $ 1920000 .00 $ 2099200G11 8-INCH 225DEG BEND DI MJ INCLUDES RESTRAINTS EA 2 S 1,100.00 S 2,200.00 $ 600.00 $ 120000 300 $ 962600G12 61NCH 45DEGBEND DI MJ INCLUDESRESTR tINN EA 6 S 935.00 S 5610.00 $ 450.00 $ 2]0000 0.00 $ 330000G13 8-INCH%8-INCH CROSS DI MJ INCLUDES RESTRAINTS EA 1 S 3,025.00 S 3,025.00 $ 140000 $ 140000 500 $ 102500 G14 8-INCH%6-INCH CROSS DI MJ INCLUDES RESTRAINTS EA 4 S 2,640.00 S 10,56000 $ 130000 $ 520000 $ 952.00 $ 380800 G15 8-INCH%8-1 N CH TEE DI MJ INCLUDES RESTRAI NTS EA 1 S 1650.00 S 1650.00 $ 100000 $ 100000 $ 896.00 $ 896.00 Gib 8-INCH%6-INCH TEE DI MJ INCLUDES RESTRAINTS EA 1 5S 1,Sd0.00 S ],]00.00 $ 900.00 $ 450000 $ 818.00 $ 409000 Gi] 2-INCH%2-INCH TEE BRASS EA 1 S 880.00 S 88 o.. $ 650.00 $ 650.00 $ 520.00 $ 520.00 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEAS TABULAT 1- RJB DESIGN ENGINEER:RTE BIDDAM Wednesday,Augustl7,2022 REB-6 Mako Contrzding JE Construction Services,LLC Rey[ec Cons[iIXion Resources, 13ay Ltd. Bridges Specialties IncClark Pipeline Services,LLC PROJECTNO.21048 Wildest Dn(FM 624to Teague Ln.) 3635 S.Alameda,Ste.B153 ]505 Up Rrver Rd 1901 N.11-, 401 Corn Products Rd,BMg 1 4233 FM 624 .29 Leopard Street BASE BD#2 CONCRETE Corpus Ch-,T%]8411 Corpus Ch-,T%]8409 Huston,T%]]080 Corpus Ch-,TX 7M. Rob.o 80 Cor T%]83pus Ch-,T%]8409 ITEM DESCRIPTION UNIT OTV UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT G18 -CH%6-INCH REDUCER(DI)MJ IN CLUDESRESTRAINTS EA 1 1$ 935.00 S 935.00 $ 600.00 $ 600.00 $ 541.00 $ 541.00 G19 8-INCH PLUG DI MJ INCLUDES RESTRAINTS EA 3 S 66 S 1996.50 $ 600.00 $ 180000 $ 188200 $ 564600 G20 -CH CAP WTH 2-INCH THREADED TAP DI MJ INCLUDES RESTRAINTS EA 1 S 599.50S 599.50 $ 1 00000 $ 1 00000 $ 1]9000 $ 1]9000 G21 16-INCH TIE-IN CONNECTION EA 1 S 1,100.00 S 1,100.00 $ 15000.00 $ 15000.00 $ 7,522 GO $ 752200 G22 8-INCH TIE-IN CONNECTION EA 2 S 50500.00 S 11,000.00 $ 900000 $ 18000.00 $ 342600 $ 685200 G23 INCH TIE-IN CONNECTION EA 3 S 3850.00 S 11550.00 $ 500000 $ 15000.00 $ 263300 $ 789900 FIRE HYDRANT ASSEMBLY(INCLUDING FH,VALVE,BENDS,AND DI LEAD)(NOT G24 IN CLUDI NG TEE SHORT EA 8 S 9,350.00 S 74,800.00 $ 900000 $ ]2000.00 $ 833300 $ 66664.. FIRE HYDRANT ASSEMBLY(INCLUDING FH,VALVE,BENDS,AND DI LEAD)(NOT G25 IN CLUDI NG TEE LONG EA 6 S 10450.00 S 62]00.00 $ 13000.00 $ ]8000.00 $ 12954.00 $ 77724. G26 REMOVE EXIST NG WATERLI NE INCLUDES B-INCH AND 6-INCH LF 571 S 82.50 S 4],10].50 $ 6200 $ 3540200 $ 9.00 $ 513900 G2] GROUT FI LL AND ABANDON IN PLACE EXISTING&I NCH WATERLI NE LF 1,126 S 13.75 S 15,482.50 $ 1]00 $ 1914200 $ 1500 $ 16890.00 G28 REMOVE AND SALVAGE FI RE HYDRANT ASSEM BLY EA ] $ 550.00 S 3850.00 $ 140.00 $ 980.00 $ ]36.00 $ 515200 WATER M ETER RECONNECTION(INCLUDING REM MAL OF E%ISTING SERVICE AND G29 IN STALLATION OF NEW SERVICE Eq 8 S 2,200.00 S 1],600.00 $ 2]0000 $ 21600.00 $ 258]00 $ 20696.00 G30 ADJUST E%I STI NG WATER VALVE VAULT MANHOLE TO FI NISHED GRADE Eq 1 S 3850.00 S 3850.00 $ 550000 $ 550000 $ 3]0000 $ 3]00 00 G31 ALLOWAN CE FOR UNANTICIPATED WATER IM PROVEM ENTS qL 1 S 25,000.00 S 85,000.00 $ 25000.00 $ 25000.00 $ 25000.00 $ 25000.00 SUBTOTAL PARTG-WATER IMPROVEMENTS Items Gl th.G31 S 624,7324 0 S 65281]00 $ 58284400 NO BIO NOBID INO BID Part H-WASTEWATER IMPROVEMENTS H1 MOBILIZATION MAX.S%OF PARTH AT 1 S 9,000.00 S 9,000.00 $ 9,50000 $ 9,50000 $ 700000 $ 700000 REHABILITATE E%ISTING'INCH DIA.VCP WASTEWATER GRAVITY LINE BY PIPE H2 BURSTING WI IO-INCH HDPE LF 132 S 246.40 S 32524.80 $ 32000 $ 4224000 $ 265.00 $ 3498000 REHABILITATE EXISTING 10-INCH DIA.VCP WASTEWATER GRAVITY LINE BY PIPE H3 BURSTING WI I2-INCH HDPE LF 238 S 302.40 S ]1,9]1.20 $ 3]0.00 $ 8806000 $ 290.00 $ 6902000 H4 4FOOT DIA.FIBERGLASS MANHOLE 30 TO 60 FEET DEEP EA 3 S 1401K.. S 42000.00 $ 11000.00 $ 3300 0 .00 $ 9 00000 $ 2]000.00 HS TRENCH SAFETY FOR WASTEWATER MANHOLE EA 3 S 1,120.00 S 3,3fi0.00 $ 35000 $ 105000 $ 280.00 $ 840.00 H6 SIDEWALK REPLACEM ENT SF 40 S 10.00 S 400.00 $ 2600 $ 104000 $ 2]00 $ 1 08000 H] CURB AND GUTTER RE-DEM ENT LF 10 S 40.00 S 400.00 $ ]]00 $ ]]0.00 $ 54.00 $ 540.00 HB PAVED ENT REPAIR NY 3 S 330.00 S 990.00 $ 19000 $ 5]0.00 $ 292.00 $ 8]6.00 DEMOLITION AND REM MAL OF EXISTING 8-INCH DIA VCP WASTEWATER GRAVITY H9 LINE STUB &FEET AND PLUG EA 1 S 1,680.00 S 1,680.00 $ 220000 $ 220000 $ 160000 $ 160000 H10 EXISTING 4I NCH WASTEWATER GRAVITY LINE TIE-IN TO NEW MANHOLE EA 1 S 3920.00 S 3920.00 $ 230000 $ 230000 $ 160000 $ 160000 H11 E%ISTING 6I NCH WASTEWATER GRAVITY LINE TIE-IN TO NEW MANHOLE EA 1 S 5'"o.00 S 5'"o.00 $ 230000 $ 230000 $ 1]0 000 $ 1]0000 H12 E%ISTING IO-INCH WASTEWATER GRAVITY LINE TIE-IN TO NEW MANHOLE EA 3 S 6,ifi0.00 S 10,480.00 $ 2,50000 I$ ],50000 I$ 180000 1$ 540000 H13 ALLOWAN CE FOR UNANTICIPATED WASTEWATER IMPROVEMENTS qL 1 S 5,000.00 S 5.000.00 $ 5.00000 1$OTA5.00000 $ 500000 $ 500000 SUBTOTAL PARTH-WASTEWATER ENTSBems IMPROVEMHl tM1ru B13 $ 194,] X0 $ 19553000 1 $ 15663600 1 NOBID I NOBID INO BID Part I-GAS IMPROVEMENTS 11 MOBILIZATION MAX.OG OF PARTI AT 1 S 2,500.00 S 2,500.00 $ 2.000.00 $ 2.000.00 $ 3.000.00 $ 3.000.00 EXCAVATION,BACKFILL AND COMPACTION OF TRENCH FORADJUSTED GAS LINE 12 ADJUST M ENTSTOBECOMPLETEDBYTHE CI TY GAS DEPARTM ENT LF 1520 S 33.60 S 51,072.00 $ 2000 $ 4256000 $ ]200 $ 10944000 13 TRENCH SAFETY FOR GAS LINE LF 1520 S 2.24 S 3,404.00 $ 5.00 $ ]60000 $ 1.50 $ 228000 14 ALLOWANCE FOR UNANTICIPATED GAS IM PRMEMEN I S qL 1 S 5,000.00 S 5.000.00 $ 5,00000 $ 5,00000 $ 5.00000 $ 5.00000 SUBTOTAL PARTI-GAS IMPROVEMENTS Items 11 tM1ru 14 $ 61,976.80 $ 571.00 $ 119]2000 NO BIDEkE] NO BIOEkE] NO BID Part J-TSAFFIC SIGNAL IMPROVEMENTS J1 MOBILIZATION MAX.5%OF PARTJ AT 1 S 6,.0.00 S 6,.0.00 $ 7,20000 $ ],200 00 $ 6.000.00 $ 0.000.00 INSTALL HWY THE SIG(UPGRADE)(INCLUDING REMOVAL OF E%ISTINGITEMS TO BE REPLACED SUCH AS PUSH BUTTONS,WIRING,MAST ARM SIGNS,AND OTHER J2 ITEMS CONSIDERED AS INCIDENTALTO UPGRADING THE TRAFFIC SIG NAL) EA 1 $ 20,]... $ 20,7... $ 950000 $ 950000 $ 8.000 $ 8.000 J3 FLED DON NOB BARE LF 500 $ 1.% $ 1.. $ 500.. $ 160 $ 800.. J4 ILSN LED 85 DURALIGHT RI G ID BA CK M OU NT EA 4 $ 3]3].50 $ 149... $ 600000 $ 24.0.. $ 490000 $ 19600.. JS THE SIG CBL TYA 12 AWG 2CONDR LF 1410 $ 1.% S 2,]63.60 $ 2.00 $ 282000 $ 1.]0 $ 239700 J6 THE SIG CBL TYA 14 AWG 3CONDR LF 855 $ 2.01 S 1,]18.55 $ 2.. $ 171000 $ 1.]5 $ 149625 PED DETECT PUSH BUTTON FWAS-POIARA T.CH LESS ACTUATION)WIR10-3E J] SIGN EA 8 $ 101].]5 S 8142.00 $ 140000 $ 11200.. $ 950.. $ ]60000 JB PED DETECTOR CONTROLLER UNIT EA 1 $ 4,42].50 S 4,42].50 $ ]50000 $ ]500 00 $ 4.000 $ 4.000 MICAISI -ITEM SSUBSI DIARY TO MI OVI SION CAMERA (1)SM ARTLINK WIRELESS CONN AND SENSOR HUB(PX11215-.1) (1)SM ARTSENSE MUTLIM ORAL VIDEO DETECTION(P%11215002) (2) VIE5-. SM ARIW 360 CAM ERA WI BELL HOUSING(PXX11213) (1)SOFTWARE:TRAFFIC LINK SIG COMM 8 TRAFF OPS(PBU1121]-.1) (1)SOFTWARE_TRAFFIC LINK PERFORMANCE(PER 121]-.2) (1)SOFTWARE:TRAFFIC LINK MULTIMOD DET 8 COUNTS(PBU1121]-.3) J9 2 MOUNT:120"PENUANT SS CBLBHW J-PIPE LS 1 $ 47,121.25 $ 47,121.25 $ 41000.. $ 41000.00 $ 5500000 $ 5500000 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TE%AS TABUTATEDBY: RJB DESIGN ENGINEER:RTE BIDDATE:W.dI,-,ay,Augustl7,2022 RFB 4296 Mako Contrzding JE Constrvdion Services,LLC Rey[ec Cons[iIXion Resources, Bay Ltd. Bridges Specialties Inc Clark Pipeline Services,LLC PROJECTNO.21048 Wild.t Dr.(FM 624to Teague Ln.) 3635 S.Alameda,Ste.B153 ]505 Up Rrver Rd VKH Ho1119er 401 Corn Prod acts Rd,BMg 1 4233 FM 624 6229 Leopard Street BASE BID#2 CONCRETE Corpus CM1dsti,T%]8411 Corpus CM1d9i,T%]8409 Huston,T%]]080 Corpus Ch-,T%]8409 Rob.—T%]8380 Corpus Ch-,T%]8409 ITEM DESCRIPTION UNIT OTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT J10 ETH ERNET CAB LET CAT SE LF 410 S 1.73 S ]09.30 $ 1.00 $ 410.00 $ 160 $ 656.00 J11 WAVETRON I%CLI CK 656 CABINET INTERFACE DEVICE EA 1 $ ]]05.00 S ]]05.00 $ 1050060 $ 10500.00 $ 850000 $ 850000 J12 RADARADVANCE DETECTOR WWETRONIX EA 2 S 8165.00 S 1633060 $ 1100060 $ 2200060 $ 900000 $ 1800060 J13 RADARADVANCE DETECTORCOMM.BPOWERCABLE SMARTSENSOR.0 LF 460 S 3.22 S 1,401.20 $ 560 $ 230000 $ 460 $ 184000 J14 TR1 MITIGATOR DAMPING PLATES EA 2 S 793.50 S 1587.00 $ 500000 $ 1000060 $ 380000 $ ]600 00 J15 ALLOWANCE FOR UNANTICIPATED TRAFFI C SIGNAL IM PROVEMENTS AL i $ 7,500.00 S ],500 60 $ ]500 00 $ ]50000 $ ],50000 $ ],50000 SUBTOTAL PARTJ-TRAFFIC SIGNAL IMPROVEMENTS Item Jl tM1ry J15 $ 142,115.40 $ 15814000 $ 14898925 NOBID NOBID NO BID Part K-LIGHTING IMPROVEMENTS Kl MOBILIZATION(MAX.5%OF PART K) 2th,—M) 5000.00 S 5000.00 $ 210000 $ 210000 $ 400000 $ 400000 K2 CONOT WC SCH 402" 25.00 S 3]20060 $ 1300 $ 19344.00 $ 1]00 $ 25296.00 K3 CONOT WC SCH40 4"SLEEVE 32.20 S 7,760.20 $ 3900 $ 939900 $ 4000 $ 964000 K4 GROUND BO%TYA 122311 WIAPRON 1081.00 S 884860 $ 140000 $ 1120060 $ 110000 $ 880000 K5 DEM OLISH E%I STIN G LIGHT FI%TURES 1]2.50 S 51].50 $ 90060 $ 2]00 00 $ 80060 $ 240000 INSTALL NEW STREET LIGHT POLE AND WIRING WITH MAST ARM AND LED K6 LUMINAIRE 7,820.00 S 54,]4060 $ 860000 $ 6020060 $ ]400 00 $ 5180060 INSTALL NEW STREET LIGHT AND WIRING WITH MAST ARM AND LED LUMINAIRE K] ONE%I STING POLE 1380.00 $ 1380.00 $ 160000 $ 160000 $ 130000 $ 130000 KB ALLOWANCE FOR UNAN I CIPA I ED LIGHTING IM PROVEMENTS S 3,000.00 $ 3.000.00 $ 3,00000 $ 3,00000 $ 3.00000 $ 3.00000 SUBTOTAL PARTK-LIGHTING IMPROVEMENTS Ite $ 110,245.]0 $ 10954300 $ 10fi 23600 NOBID NOBID NO BID TOTAL BASE BID $ 3,609,168.42 $ 3,756,693.00 $ 3,994,750.40 NO BID NO BID NO BID a xims rr s PROJECT LOCATION N SCALE: N.T.S. LOCATION MAP `a NOT TO SCALE NUECES RIVER 624 NUECES BAY ANNAVILLE 77 PROJECT LOCATION SHIP ° $ CORPUS CHRISTI o �qRO LEOPARD V O a' ROBSTOWN i 44 CORPUS CHRISTI o 266 INTERNATIONAL 1= AIRPORT 0 G 358 N m N N Q a 3e O .4 U o� H°4Y CABANISS FIELD 665 43 VICINITY MAP 266 NOT TO SCALE PROJECT NUMBER: 21054 CITY COUNCIL EXHIBIT WILDCAT DR. FM624 TO TEAGUE LN CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION SCALE. N.T.S. �e _ X TEAGUE L J N a,. _a + LV Mimi,Air �;ra, -ew4N01- FMitt 624 (NORTHWEST BLVD)47 _ ,� LEI- ry ov a o , i t Lu 1. 41111 w w a_ e t � AERIAL MAP ` NOT TO SCALE PROJECT NUMBER. 21048 CITY COUNCIL EXHIBIT WILDCAT D R. F M 624 TO T EAG U E LN CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Flan 2022 rhru 2024 City of Corpus Christi, Texas Project# 21048 Project Name Wildcat (FM624 to Teague) Type Recondition/Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition Status Active Description This project consists of reconstruction of existing 2-lane roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps, signage,pavement markings,traffic signalization improvements,and concrete bus pads. This project is currently scheduled to begin construction in FY2022 and continue until completed. Schedules maybe adjusted after design is completed or during annual CIP update. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan,This project will improve the road and transportation safety. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 540,000 1,405,000 1,945,000 Design 500,000 500,000 Storm Water-St. 957,500 957,500 WasteWater-St 200,000 390,000 590,000 Water-St. 200,000 390,000 590,000 Gas-St. 100,000 170,000 270,000 Eng,Admin Reimbursements 50,000 160,000 300,000 510,000 Total 550,000 2,157,500 2,655,000 5,362,500 Funding Sources Prior Years 2022 2023 2024 Total G.O.Bond 2020 275,000 600,000 1,625,000 2,500,000 Revenue Bonds 275,000 1,557,500 1,030,000 2,862,500 Total 550,000 2,157,500 2,655,000 5,362,500 Budget Impact/Other 71 There is no projected operational impact with this project,at this time. Once the project is completed it will be added to the Street Preventive Maintenance Program. 238 Corpus Christi Engineering Wildcat Drive (FM 624 to Teague Lane) Council Presentation September 20, 2022 Wildcat Drive (FM 624 to Teague Lane) Corpus Chr sti Project Location Engineering PROJECT LOCATION PROJECT LOCATION O+t TEAGUE d \ s a 9 PROJECT LOCATION FM 624(NORTHWEST BLVD) -e F Y F f 44,E r'—r��•/ ` a ,. , .we � AERRIIA°SAP PROJECT NUMBER:21048 PROJECT NUMBER:21C)54 2 Wildcat Drive (FM 624 to Teague Lane) Corpus Chr sti Scope of Work Engineering Motion awarding a construction contract to Mako Contracting, Corpus Christi, Texas for reconstruction of Wildcat Drive from FM 624 to Teague Lane, in an amount of $3,269,820.07 The proposed scope of work includes the listed below items: • new asphalt pavement with concrete curb and gutter • sidewalk, curb ramps, concrete driveways • bus shelter pad • roadway striping and pavement markers, traffic signage • street illumination, and • utility improvements to water, wastewater, gas, and storm water Wildcat Drive (FM 624 to Teague Lane) Cor sti Project Schedule e irin Engineeg Engine 121 - 2022 202212023 March -June July - September October -June Design Bid/Award Construction Projected Schedule reflects City Council award in September 2022 with anticipated completion by June 2023 so �o ora H aoAPoat° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a)cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement Heatherh3(a-)cctexas.com (361) 826-3227 Professional Services Contract Amendment ONSWTP Filtration System Hydraulic Improvements CAPTION: Motion authorizing Amendment No. 1 to a professional services contract with Plummer Associates, Inc. Corpus Christi, TX, to provide design, bid, and construction phase services for the ONSWTP Filtration System Hydraulic Improvements in an amount of$1,168,886 for a total contract value not to exceed $1,218,859, located in Council District 1, with FY 2022 funding available from Water Capital Fund. SUMMARY: This motion authorizes Amendment No. 1 to a professional services contract for design, bid, and construction phase services for improvements to ONSWTP Filtration System Hydraulic. The project proposes to increase the production capacity of WTP1 from 68-million gallons per day (MGD)to 100 MGD, replace filter media, filter valves, gates, actuators, effluent flow meter, repair leaks in Plant 1 filter influent channel, add a humidity control system in both Plant filter galleries, and recoat both plant filter galley piping with insulated coatings. BACKGROUND AND PURPOSE: The City of Corpus Christi owns and operates the O.N. Stevens Water Treatment Plant (ONSWTP). The ONSWTP has two filtration buildings: WTP1 and WTP2. The WTP 1 was built in 1955 and the WTP 2 was built in 1981. WTP 1 has twelve (12) filters and WTP 2 has ten (10) filters. WTP 1 produces a maximum of 68-million gallons per day (MGD) of filtered water and WTP 2 produces a maximum of 96 MGD of filtered water. This project proposes to increase the production capacity of WTP1 to 100 MGD of filtered water due to the increase in demand of filtered water. A contract valued at less than $50,000 was executed to prepare the preliminary assessment and evaluation to determine the potential improvements and associated cost. The preliminary assessment report was used to plan the Capital Improvement Program (CIP) project and develop the scope of work. This amendment no. 1 provides the design, bid and construction phase services that will be necessary to complete the project. The scope of this amendment includes 100% design of the listed below items: • Replacement of filter media in Plant 1 and 2 filters • Replacement of Plant 1 and 2 filter valves, gates, actuators, and effluent flow meter • Repair of leaks in Plant 1 filter influent channels • Addition of humidity control system in both Plant 1 and 2 filter galleries • Recoating of Plant 1 and 2 filter galley piping with insulating coatings • Addition of a Plant 1 combined filter effluent (CFE) sample location utilizing a tap added to the 60" pipe by others • Modifications of the Filter-to-Waste piping for Plant 1 and Plant 2, to achieve a TCEQ compliant air-gap PROJECT TIMELINE: 2022 - 2023 2023 2023-2025 September - August September - October November — November Design Bid/Award Construction Projected schedule reflects City Council award in September 2022 with design completion by August 2023. Construction is anticipated to begin in November 2023 with a duration of 24 months and completion by November 2025. COMPETITIVE SOLICITATION PROCESS Plummer Associates, Inc. was selected for FY 2018-2019 Capital Improvement Projects and Bond 2018 Remaining Projects, Part B Utilities Projects in February 2019 under RFQ 2018-10. ONSWTP Filtration System Hydraulic Improvements was one of twelve selections that were announced under the Utility Projects Category of the RFQ. Twelve firms submitted under the Utility Category and seven firms were selected. Plummer Associates, Inc. was selected from six (6) applicants for this project. The selection committee was comprised with representatives from the Utilities Department and Engineering Services. The final evaluation ranked Plummer Associates, Inc. the highest and recommended the firm as most qualified based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience in water and wastewater treatment 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Plummer Associates, Inc. has over 44 years of experience in the planning and design of water- related infrastructure projects and facilities. Plummer Associates, Inc., has served the City of Corpus Christi's Water and Wastewater Departments for three decades on several projects. Some of the projects are ONSWTP Filter Rehab Project, Citywide Lift Station Evaluation, New Broadway WWTP Rehabilitation Planning Project, and WWTP MSGP Renewals. ALTERNATIVES: Council could choose not to award the contract amendment for professional services to Plummer Associates, Inc. This would delay necessary improvements to ONSWTP and create more costly maintenance in the future which may affect the ability to meet the operational and regulatory requirements. FISCAL IMPACT: The fiscal impact for FY 2022 is an amount of$1,168,886.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2022 CIP (Fund 4484) Mission Elem: Water Treatment (062) Project: ONSWTP Filtration System Hydraulic (19032A) Account: Outside Consultants (550950) Activity: 19032-A-4484-EXP Amount $974,521.00 Fund: Water 2023 CIP (Fund 4486) Mission Elem: Water Treatment (062) Project: ONSWTP Filtration System Hydraulic (19032A) Account: Outside Consultants (550950) Activity: 19032-A-4486-EXP Amount $194,365.00 Total: $1,168,886.00 RECOMMENDATION: Staff recommends approval of the professional services amendment no. 1 with Plummer Associates, Inc. in the amount of $1,168,886.00 for the ONSWTP Filtration System Hydraulic Improvements. The design phase will begin in September 2022 with design completion planned in August 2023. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract CIP Page Presentation PROJECT LOCATION b N SCALE: N.T.S. s mb8` a 624 PROJECT LOCATION AN NAVI LLE vOF F 77 G�TON o OORR/OOR U W z Q o $ tF CORPU Op o qR0 L U � a ROBSTOWN z 44 44 CORPUS CHRISTI O INTERNATIONAL Q AIRPORT U 358 Q z N W N N 5 M O�� to 0� 0 LOCATION MAP NOT TO SCALE PROJECT NUMBER: 19032A ONSWTP FILTRATION SYSTEM CITY COUNCIL EXHIBIT HYDRAULIC IMPROVEMENTS DEPARTMENT OF CORPUS CHRISTI,TEXAS OF ENGINEERING SERVICES + ...... ' 441 T Opp v 4F w . • 6 - �'y ,�„Ir �. 1r , �►'�°� ' x w� ' k 110, 'X , ° w 4 �` _M U � � � %�a � Mkt •, J w. ^ ^ NOT • SCALE •° ' 1 ONSWTP FILTRATION • CITY OF CORPUS ' * s PLUMMER 2018-349-01 August 19, 2022 Mr Edwin Santillan , P.E. Project Manager Engineering Department City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi TX 78401 Re: Project 19032A—ON Stevens WTP Filtration System Hydraulic Upgrades Amendment No. 1—Design, Bidding, and Construction Phase Services Dear Mr., Santillan: This letter is a request for Amendment No, 1 to provide design, bidding and construction phase services for repairs and improvements to the ON Stevens Water Treatment Plant Filtration System Hydraulics. The repairs and improvements were recommended in Plummer"Preliminary Engineering Report" for the Filtration System Hydraulics Improvement, 0.N. Stevens Water Treatment Plan (CITY Project No. 19032A). The scope of services is detailed in the attached document.The basic list of improvements is as follows: • Replacement of filter media in Plant 1 and 2 filters; • Replacement of Plant 1 and 2 filter valves, gates, actuators, and effluent flow meter; • Repair of leaks in Plant 1 filter influent channels; • Addition of humidity control system in both Plant 1 and 2 filter galleries; • Recoating of Plant 1 and 2 filter galley piping with insulating coatings; and • Addition of a Plant 1 combined filter effluent (CFE) sample location utilizing a tap added to the 60" pipe by others. • Modifications of the Filter-to-Waste piping for Plant 1 and Plant 2, to achieve a TCEQ compliant air-gap. Fee The Basic Service fee request of$950,164 and Additional Services fee request of$218,721 is detailed in the attached spreadsheet. A summary of fee is shown in the table below. 5350 S.Staples,Suite 220 Corpus Christi,Texas 78411Phone 817.806.1700 plummer.com TBPE Firm No.13 Task Fee BASIC SERVICES 1 Preliminary 30% Detailed Design $310,897 2 Detailed Design 60%, 90% and 100% $628,168 3. Advertisement and Bid Phase Services $11,100 TOTAL $950,165 Additional Services 4. Construction Phase Services $191,693 5. Warranty Phase Services $19,528 6. Expense Allowance $7,500 TOTAL $218,721 PROJECT TOTAL $1,168,886 If you have any questions regarding this request, please let me know. Sincerely, PLUMMER ASSOCIATES, INC. David Gudal, P.E. Principal-In-Charge Cc: Marshall Plunk William Causey Enclosures Page 2 of 2 Agreement for Professional Services Plummer Project No.:2018-349-01 Exhibit A CITY of Corpus Christi, Texas Amendment No. 1 O.N. Stevens Water Treatment Plant Filtration System Hydraulic Improvements Project No. 19032A Scope of Services Project Description The City of Corpus Christi (CITY) has retained Plummer Associates, Inc. (ENGINEER) to provide design and bid phase engineering services for the Filtration System Improvements Project (the PROJECT) at the O.N. Stevens Water Treatment Plant (WTP), which includes the following WTP improvements: - Replacement of filter media in Plant 1 and 2 filters; - Replacement of Plant 1 and 2 filter valves, gates, actuators, and effluent flow meter; - Repair of leaks in Plant 1 filter influent channels; - Addition of humidity control system in both Plant 1 and 2 filter galleries; - Recoating of Plant 1 and 2 filter galley piping with insulating coatings; and - Addition of a Plant 1 combined filter effluent (CFE) sample location utilizing a tap added to the 60" pipe by others. - Modifications of the Filter-to-Waste piping for Plant 1 and Plant 2, to achieve a TCEQ compliant air-gap. Project Assumptions 1. The PROJECT is one of several projects anticipated at the WTP that will support the WTP's ability to produce a flow of 100 million gallons per day (MGD) from WTP 1 and a total WTP flow of 200 MGD. 2. As described in the Plummer"Preliminary Engineering Report" for the Filtration System Hydraulics Improvement, O.N. Stevens Water Treatment Plan (CITY Project No. 19032A), the piping modifications identified and recommended by LNV in Clearwell No. 3 Project (CITY Project No. 18131A) are anticipated to allow WTP 1 to achieve a flow of 100 MGD. The Clearwell No. 3 piping modifications identified in CITY Project 18131A are therefore assumed to be proceeding into design and construction, as they are required to increase the capacity of WTP 1. 3. The WTP 1 CFE will be collected from the WTP 1 effluent chemical injection vault, which is in the scope of the Clearwell No. 3 project (CITY Project No. 18131A). The vault, pipeline sample taps, and electrical required for the WTP 1 CFE sample pumps are included in the scope of the Clearwell No. 3 project (CITY Project No. 18131A). The PROJECT will include the design of the WTP 1 CFE sample pump, sample piping and valves, and CFE instrumentation. Plummer Associates,Inc. A-1 Agreement for Professional Services Plummer Project No.:2018-349-01 4. The ENGINEER will prepare detailed plans, specifications, contract documents, designs, and layouts of improvements to be constructed at the WTP, generally as described below and in the Plummer"Preliminary Engineering Report". 5. The ENGINEER will provide recommendations to the City for the filter media replacement. However, the City will self-perform the filter media replacement and the filter media replacement will not be included as part of the contract documents for bidding by general contractors. 6. Project Management (Task A) covers project management activities for the duration of Tasks B and C stated below. 7. The Design Phase Services (Task B) are assumed to be forty-four weeks (44) in duration. 8. The Advertisement Phase Services (Task C) are assumed to be ten (10) weeks in duration. 9. The ENGINEER will render services for Amendment No. 1 in accordance with the professional standards contemporaneously prevailing in the Corpus Christi area. Article I. BASIC SERVICES Basic Services includes the following anticipated tasks: Task 1: Preliminary (30%) Detailed Design Phase Task 2: Detailed Design Phase Task 3: Advertisement and Bid Phase TASK 1: PRELIMINARY (30%) DETAILED DESIGN PHASE 1.1. Project Meetings, Reporting, Coordination, and Management 1.1.1. Project Kickoff Meeting: The ENGINEER will conduct a remote/virtual Project Kickoff Meeting at the beginning of the Detail Design Phase with the CITY. The ENGINEER will consult with the CITY to clarify and define the CITY's requirements for the PROJECT and review the scope and schedule of the PROJECT and critical project milestones. ENGINEER will prepare and present the following at the Project Kickoff Meeting: 1.1.1.1. An overview of work to be completed. 1.1.1.2. Draft Project Management Plan (PMP) including critical success and project risk factors. 1.1.1.3. Project Baseline Schedule showing key milestones. 1.1.1.4. With input from CITY and referencing the Filtration System Hydraulic Improvements Preliminary Engineering Report, establish PROJECT goals, constraints, potential construction phasing and coordination with other design and construction projects at the WTP, performance criteria, and risks. 1.1.2. Preliminary (30%) Detailed Design Review Meeting: The ENGINEER will coordinate, prepare for, and conduct one (1) review meeting for the 30% plans and specifications with the CITY to receive CITY comments on the deliverables. Meeting shall take place via video conference.. The ENGINEER will prepare an agenda for the meeting, facilitate the meeting and Plummer Associates,Inc. A-2 Agreement for Professional Services Plummer Project No.:2018-349-01 prepare/distribute meeting notes. The ENGINEER will present an updated project schedule at each review meeting. 1.1.3. Project Management: The ENGINEER will provide project management for the BASIC SERVICES. Project management will include developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget, design efforts, and deliverables; preparing monthly progress reports including updates to the schedule and action, decision, and changes logs, providing labor resources necessary to fulfill scoped work; scheduling and participating in quality control reviews; and coordinating with the CITY's other consultants regarding ongoing WTP projects. 1.1.4. Consultant Coordination Meetings and Conference Calls: NONE. 1.2. Project Schedule: 1.2.1. The ENGINEER will develop a preliminary implementation schedule and construction sequencing plan. This schedule will include provisions to coordinate interruptions of services and construction schedules with other ongoing projects at the WTP. 1.3. Filter Survey for Design: 1.3.1. LiDAR scanning of WTP 1 and 2 Filter Galleries, exterior walkways, and grating, registered to a local control monumentation network, relative to the PROJECT construction vertical datum. 1.3.2. 3D model of the exterior of the filter buildings, imported into Infraworks. 1.3.3. Pre-construction orthometric images of the exterior. 1.3.4. Navigable virtual deliverable of the facilities showing pre-construction conditions. 1.4. Preliminary (30-Percent) Design 1.4.1. The ENGINEER will prepare 30-percent design drawings and specifications setting forth in detail the requirements for the construction of the PROJECT, which shall comply with all applicable laws, statues, ordinances, codes, and regulations. The standard of care applicated to the ENGINEER's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time of such services are performed. 1.4.2. Preliminary (30-Percent) Specifications 1.4.2.1. Technical specification will be prepared based upon the ENGINEER's standard specifications. 1.4.3. Preliminary (30-Percent) Design of Facilities: The ENGINEER will design the following facilities to be included as base bid items: 1.4.3.1. Filter media replacement in all 22 filters including 12 inches of sand and 32 inches of anthracite. The ENGINEER's filter media replacement scope includes performing analyses of at most three years of CITY provided filter data (settled and filtered water turbidity, flow, filter run times, and headlosses), sampling the existing media from one of the filters for lab analysis, and providing the City with a recommendation on the configuration of the replacement filter media. The filter media replacement Plummer Associates,Inc. A-3 Agreement for Professional Services Plummer Project No.:2018-349-01 will not be included in the contract documents for bidding by general contractors. 1.4.3.2. Include design of the repair or replacement of the underdrain in Filter No. 8. 1.4.3.3. Replace inlet gates, backwash waste gates, valves, actuators and flow meters, and modify the Filter-to-Waste piping as follows: 1.4.3.3.1. Filters 1-12 inlet gates and actuators, backwash waste gates and actuators, and effluent control valves and actuators. 1.4.3.3.2. Filter 13-22 effluent control valves (existing actuators shall remain). 1.4.3.3.3. Filters 1-22 air scour valves and actuators, filter to waste valves and actuators, backwash supply valves and actuators, drain valves, and effluent flow meters. 1.4.3.3.4. Relocating the Filter-to-Waste piping for Plant 1 and Plant 2, so that it is closer the floor of the filter gallery and modifying the discharge to achieve a TCEQ compliant air-gap. 1.4.4. Assess the condition of the concrete filter influent channels and design a coating system to repair the leaking influent channels at Plant 1. The ENGINEER intends to use a Remotely Operated Vehicle (ROV) visual inspection of the concrete filter channels. For BASIC SERVICES, the ENGINEER assumes that structural modifications and/or repairs are not required to fix the leaking channels. The design of structural modifications and/or repairs of the influent channels shall be a SPECIAL SERVICE. 1.4.5. Preliminary (30-Percent) design of single Plant 1 CFE sample for turbidity measurement (from vault installed in Clearwell No. 3 project). 1.4.6. Preliminary (30-Percent) design humidity control in both filter galleries to reduce corrosion including thermal insulating coatings on piping and make up air dehumidification. 1.4.7. Preliminary (30-Percent) Design of Electrical, Instrumentation and Control: The ENGINEER will provide preliminary design of electrical, instrumentation and SCADA system improvements associated with the Project components listed above. Compile comments and incorporate any requirements into the plans and specifications. 1.4.8. ENGINEER will prepare a draft Basis of Design Report. Submit at 30 percent review. Upon receiving comments from CITY, prepare Final Basis of Design Report. Submit one hard copy and one electronic copy to the CITY. 1.4.9. The ENGINEER will provide ENGINEER's opinion of probable construction cost (OPCC) for budget purposes based on the 30 percent deliverable. The ENGINEER'S OPCC will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. In providing opinions of costs, financial analysis, economic feasibility projections, and schedules for the Project, the ENGINEER has no control over cost or price of labor and materials; unknown conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of Plummer Associates,Inc. A-4 Agreement for Professional Services Plummer Project No.:2018-349-01 operations personnel; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual project cost, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 1.5. Deliverables: 1.5.1. Review Packages for 30% review meeting: One (1) hard copy (half size) and one electronic copy (PDF format via electronic delivery). 1.5.2. OPCC for 30% design. 1.5.3. Construction Schedule for 30% design. 1.5.4. Draft and Final Basis of Design Reports: One (1) hard copy and one electronic copy (PDF format via electronic delivery). 1.5.5. Draft PMP (.pdf Format) 1.5.6. Project Baseline Schedule (.pdf format) 1.5.7. Meeting Materials including: Agendas, Presentation Slides and Draft and Final Notes (hard copies and .pdf format) 1.5.8. Project Status Reports delivered by email. TASK 2: DETAILED DESIGN PHASE 2.1 Project Meetings, Reporting, Coordination, and Management 2.1.1. 60%, 90%, 100% Detailed Design Review Meeting: The ENGINEER will coordinate, prepare for, and conduct three (3) review meetings, one each for the 60, 90, and 100% plans and specifications with the CITY to receive CITY comments on the deliverables. Meeting shall take place via video conference. The ENGINEER will prepare an agenda for the meeting, facilitate the meeting and prepare/distribute meeting notes. The ENGINEER will present an updated project schedule at each review meeting. 2.1.2. Project Management: The ENGINEER will provide project management for the BASIC SERVICES. Project management will include developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget, design efforts, and deliverables; preparing monthly progress reports including updates to the schedule and action, decision, and changes logs, providing labor resources necessary to fulfill scoped work; scheduling and participating in quality control reviews; and coordinating with the CITY's other consultants regarding ongoing WTP projects. 2.1.3. Consultant Coordination Meetings and Conference Calls: NONE. 2.2 Project Schedule: 2.2.1. The ENGINEER will continue development of an implementation schedule and construction sequencing plan. This schedule will include provisions to coordinate interruptions of services and construction schedules with other ongoing projects at the WTP. Plummer Associates,Inc. A-5 Agreement for Professional Services Plummer Project No.:2018-349-01 2.3 60-Percent, 90-Percent, and 100-Percent Design 2.3.1. The ENGINEER will prepare drawings and specifications setting forth in detail the requirements for the construction of the PROJECT, which shall comply with all applicable laws, statues, ordinances, codes, and regulations. The standard of care applicated to the ENGINEER's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time of such services are performed. 2.3.2. Specifications 2.3.2.1. The ENGINEER will utilize front end documents approved by the CITY. 2.3.2.2. Technical specification will be prepared based upon the ENGINEER's standard specifications. 2.3.3. Design of Facilities: The ENGINEER will design the following facilities to be included as base bid items: 2.3.3.1. Filter media replacement in all 22 filters including 12 inches of sand and 32 inches of anthracite. The ENGINEER's filter media replacement scope includes performing analyses of at most three years of CITY provided filter data (settled and filtered water turbidity, flow, filter run times, and headlosses), sampling the existing media from one of the filters for lab analysis, and providing the City with a recommendation on the configuration of the replacement filter media. The filter media replacement will not be included in the contract documents for bidding by general contractors. 2.3.3.2. Include design of the repair or replacement of the underdrain in Filter No. 8. 2.3.3.3. Replace inlet gates, backwash waste gates, valves, actuators and flow meters, and modify the Filter-to-Waste piping as follows: 2.3.3.3.1. Filters 1-12 inlet gates and actuators, backwash waste gates and actuators, and effluent control valves and actuators. 2.3.3.3.2. Filter 13-22 effluent control valves (existing actuators shall remain). 2.3.3.3.3. Filters 1-22 air scour valves and actuators, filter to waste valves and actuators, backwash supply valves and actuators, drain valves, and effluent flow meters. 2.3.3.3.4. Relocating the Filter-to-Waste piping for Plant 1 and Plant 2, so that it is closer the floor of the filter gallery and modifying the discharge to achieve a TCEQ compliant air-gap. 2.3.3.4. Assess the condition of the concrete filter influent channels and design a coating system to repair the leaking influent channels at Plant 1. The ENGINEER will provide a Remotely Operated Vehicle (ROV) visual inspection of the concrete filter channels. For BASIC SERVICES, the ENGINEER assumes that structural modifications and/or repairs are not required to fix the leaking channels. The design of structural modifications and/or repairs of the influent channels shall be a SPECIAL SERVICE. Plummer Associates,Inc. A-6 Agreement for Professional Services Plummer Project No.:2018-349-01 2.3.3.5. Design single Plant 1 CFE sample for turbidity measurement (from vault installed in Clearwell No. 3 project). 2.3.3.6. Design humidity control in both filter galleries to reduce corrosion including thermal insulating coatings on piping and make up air dehumidification. 2.3.3.7. Electrical, Instrumentation and Control: The ENGINEER will provide electrical, instrumentation and SCADA system improvements associated with the Project components listed above. Develop 1/0 lists and process and instrumentation diagrams (P&IDs) with an operating and control description for the gate and valve actuators and dehumidification. ENGINEER will furnish such information necessary to coordinate with the electric utility company and the CITY's other consultants regarding projects at the WTP. Compile comments and incorporate any requirements into the plans and specifications. 2.3.3.8. ENGINEER will submit the final sealed plans and specifications to the TCEQ for approval. 2.3.4. The ENGINEER will provide ENGINEER's opinion of probable construction cost for budget purposes based on the 60, and 90 deliverables and prepare final opinion of probable construction cost for the improvements to be constructed based on the Construction Documents. The ENGINEER'S OPCC will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. In providing opinions of costs, financial analysis, economic feasibility projections, and schedules for the Project, the ENGINEER has no control over cost or price of labor and materials; unknown conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operations personnel; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual project cost, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 2.4 Deliverables: 2.4.1. Review Packages for 60%, 90%, and 100% review meetings: One (1) hard copy (half size) and one electronic copy (PDF format via electronic delivery). 2.4.2. OPCC for 60%, 90% design and Final Sealed Contract Documents. 2.4.3. Construction Schedule for 60%, 90% design and Final Sealed Contract Documents. 2.4.4. TCEQ Plan Review Documents: One submittal of one (1) hard copy (half size) and one electronic copy (PDF format via electronic delivery). 2.4.5. Final Sealed Contract Documents: One (1) hard copy (half size) and one electronic copy (PDF format via electronic delivery). Plummer Associates,Inc. A-7 Agreement for Professional Services Plummer Project No.:2018-349-01 TASK 3: ADVERTISEMENT AND BID PHASE SERVICES 3.1 ENGINEER will Prepare for and participate in one (1) pre-bid conference, via video conference. 3.2 ENGINEER will review pre-bid questions concerning the bid documents and prepare, in the CITY's format, for the Engineering Services' approval, addenda prior to bid open date. 3.3 ENGINEER will assist the CITY's Contracts and Procurement Department with analysis of bids. Based upon the bid analysis, the ENGINEER will make to the City a suggestion of award of the contract. 3.4 The City staff will: a. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. b. Prepare, review and provide copies of the contract for execution between the CITY and the Contractor. Article II. SCHEDULE ESTIMATED SCHEDULE FOR BASIC SERVICES Project Milestone Estimated Schedule Design Notice to Proceed and Project September/October 2022 Kickoff Meeting Submit 30% Review Set 14 weeks after Project Kickoff Meeting 30% Review Meeting 2 weeks after Submittal of 30% Review Set Submit 60% Review Set 8 weeks after 30% review meeting 60% Review Meeting 2 weeks after Submittal of 60% Review Set Submit 90% Review Set 6 weeks after 60% Review Meeting 90% Review Meeting 2 weeks after Submittal of 90% Review Set Submit 100% Prefinal Design and TCEQ 4 weeks after 90% Review Meeting Set 100% Prefinal Review Meeting 2 weeks after Submittal of 100% Prefinal Review Set Submit Final Bid Set and Project 4 weeks after 100% Prefinal Review Set Advertisement Award of Construction Project to Contractor 10 weeks after Advertisement and Notice to Proceed Plummer Associates,Inc. A-8 Agreement for Professional Services Plummer Project No.:2018-349-01 Article III. ADDITIONAL SERVICES Various ADDITIONAL SERVICES incidental to the Project, but not within the scope of the Basic Services covered, which may be performed or arranged for separately by the CITY, or may be added to the ENGINEER's responsibilities by mutual agreement and written authorization, include, but are not necessarily limited to, the following: TASK 4: CONSTRUCTION PHASE SERVICES 4.1 ENGINEER will prepare Conformed Documents by adding the addendum items to the Contract Documents. Addenda to the specifications will be added electronically, and addenda to the plan drawings will be added to pdf versions of the drawings. ENGINEER will provide one electronic copy (PDF format) and two (2) sets of Conformed Documents to the CITY (2 half size). 4.2 The ENGINEER will provide Construction Phase Services (described below) for one construction project based on the design phase described in Task 2 above. The Construction Phase Services described in Task 4 will be provided based upon a twenty-four (24) month construction schedule. Construction Phase Services for construction beyond twenty-four (24) months will be an Additional Service. Construction Phase Services is limited to the tasks described below in Task 4. 4.3 Pre-construction Meeting a. ENGINEER will assist the CITY in conducting one (1) pre-construction conference with the Contractor, and in reviewing construction schedules prepared by the Contractor. b. ENGINEER will provide a meeting Agenda and prepare and distribute meeting minutes. 4.4 Submittals: a. ENGINEER will review shop drawings (up to 45 total) and equipment O&M manuals (up to 7 total) for conformance to contract documents. b. The ENGINEER will review up to five (5) field and laboratory tests reports. C. The ENGINEER'S review of shop drawings, O&M manuals, and test reports in excess of the above quantity shall be an Additional Service. 4.5 Requests for Information: a. ENGINEER will review up to 15 Contractor request for information (RFI's), to provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interests of the City under the contract. b. The ENGINEER'S review of RFI's in excess of the above quantity shall be an Additional Service. 4.6 Payment Application Review: The ENGINEER will review up to twenty-four (24) contractor monthly applications for payment, based on work completed. The ENGINEER'S review of contractor applications for payment in excess of the above quantity shall be an Additional Service. 4.7 Construction Meetings: The ENGINEER will attend up to twenty-four (24) monthly construction meetings via conference call. 4.8 Site Visits: Plummer Associates,Inc. A-9 Agreement for Professional Services Plummer Project No.:2018-349-01 a. The ENGINEER will make up to one (1) visit to the project site to confer with the City project inspector and the contractor to observe the general progress and quality of work. Additional site visits in excess of the above quantity shall be an Additional Service. b. This site visit should not be considered as full-time project representation observation or continuous monitoring of the progress of construction. 4.9 Change Orders: a. The ENGINEER will prepare documentation for up to two (2) Change Orders (coordinate with the City's construction division). b. The ENGINEER will review contract modification requests (CMR's) and prepare proposed contract modifications (PCM) (up to two total) as requested by the CITY. C. The ENGINEER'S review or preparation of Change Orders and PCM and review of CMR's in excess of the above quantities shall be an Additional Service. 4.10 Substantial Completion: The ENGINEER will conduct one (1) substantial completion inspection with CITY staff and prepare a Certificate of Substantial Completion with list of outstanding punchlist items. 4.11 Final Completion: The ENGINEER will conduct one (1) final inspection with CITY staff and provide the CITY with a Certificate of Completion for the PROJECT. 4.12 Record Drawings: The ENGINEER will provide record drawings based on construction "red-line" drawings. Record drawings will be delivered to Engineering Services in electronic format, provided in .pdf and .dwg in AutoCAD formats. 4.13 Start-Up Phase: a. ENGINEER will consult with CITY on training needs for pre-startup operation and prepare a schedule. b. Coordinate with the contractor and CITY for the training. C. It is anticipated that pre-startup training will be conducted for one (1) day involving a total four (4) hours of classroom work for dehumidification system. TASK 5: WARRANTY PHASE SERVICES 5.1 ENGINEER will provide a maintenance observation site visit toward the end of the one-year period after acceptance of the constructed PROJECT. ENGINEER will note observed defects requiring Contractor corrective action to maintain, repair, fix, restore, patch, or note that the Contractor shall replace improvement under the Contractor's maintenance guaranty terms of the contract. ENGINEER will document the observed condition and prepare a report for the City staff noting locations and conditions observed that require Contractor corrective action, with a recommendation of the corrective action required by the Contractor. ENGINEER will complete the observation site visit and prepare the report no later than sixty (60) days prior to the end of the Contractor's maintenance guaranty period. Other Additional Services: A. Printing/Reproduction Expenses B. Travel Expenses Plummer Associates,Inc. A-10 Agreement for Professional Services Plummer Project No.:2018-349-01 C. Technology Expenses D. Site Surveying for Design (except for the Filter Survey described in Task 2) 1. Providing surveying services to obtain all field information needed for design including topographic survey. Provide horizontal and vertical locations of existing facilities and physical features including fences, property lines, roads, buildings, treatment units, vaults, manholes, drainage structures, and existing utilities, reasonably expected to be affected by PROJECT. 2. Providing survey notes with clear location descriptions of benchmarks and horizontal control points. E. Site Work, Fencing and Miscellaneous Improvements F. Preselection or Prenegotiation of Equipment G. Design of structural modifications and/or repair to the concrete filter influent channels. H. Other services not included in Basic Services that are approved by the CITY. I. Additional site visits for Investigation beyond those provided above. J. Additional site visits for meetings or inspections beyond those provided above. K. Labor and Analytical costs associated with condition assessment of the existing pipelines and/or structures. L. Labor and Analytical costs associated with water quality sampling, not included above. M. GIS processing of geophysical and/or geotechnical data beyond the assumptions provided above. N. Preparing applications and/or supporting documents for funding grants, loans, or planning advances for providing data for detailed applications. O. Providing additional copies of reports, plans, specifications, and contract documents beyond those specifically described above. P. Preparing environmental assessments, environmental information documents, or environmental impact statements, traffic control plans, and storm water discharge permits, except as specifically included above. Q. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the CITY. R. Payment of fees for permit applications and publication(s) of notices. S. Public relation activities and consulting services. T. Services known to be required for completion of the Project that the CITY agrees are to be furnished by the ENGINEER or by a sub-consultant that cannot be defined sufficiently at this time to establish the maximum compensation. Plummer Associates,Inc. A-11 Agreement for Professional Services Plummer Project No.:2018-349-01 Article IV. ENGINEER'S PERSONNEL AT CONSTRUCTION SITE The presence or duties of the ENGINEER's personnel at the PROJECT site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to CITY and/or other contractors, subcontractors, or other entities, and do not relieve the other contractors, subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to all methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work of those parties in accordance with their contractor requirements and any health or safety precautions required by such work. The ENGINEER and its personnel have no authority to exercise any control over any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of any contractor, subcontractor, or other entity or any other persons at the PROJECT site except ENGINEER's own personnel. Even though the ENGINEER has no duty to discover safety issues, if the ENGINEER observes something that he/she believes to be an unsafe condition, the ENGINEER will notify the CITY. Article V. COMPENSATION A. Basic Services The CITY will pay the ENGINEER a lump sum fee of$950,164 for providing for all"Basic Services" described above and in Exhibit A. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Basic Services above, and for all expenses incurred in performing these Basic Services. The fee for this project is subject to the availability of funds. The ENGINEER may be directed to suspend work pending receipt and appropriation of funds. For services provided in Basic Services, ENGINEER will submit monthly statements for basic services rendered. In Basic Services, the statement will be based upon ENGINEER's estimate (and CITY concurrence) of the proportion of the total services actually completed at the time of billing. CITY will make prompt monthly payments in response to ENGINEER's monthly statements. B. Additional Services ADDITIONAL SERVICES (see Article III), if added to the ENGINEER's responsibilities by mutual agreement and written authorization, will be invoiced on a time and material basis. The budget for Additional Services is $218,721 (which consists of a budget of $191,693 for Task 4 (Construction Phase Services), $19,528 for Task 5 (Warranty Phase Services), and $7,500 for Items A and B (Printing/Reproduction Expenses and Travel Expenses)). A multiplier of 1.10 will be applied to all direct expenses. The fee for this project is subject to the availability of funds. The ENGINEER may be directed to suspend work pending receipt and appropriation of funds. For services provided in Additional Services, ENGINEER will submit monthly statements for special services rendered. CITY will make prompt monthly payments in response to ENGINEER's monthly statements. Plummer Associates,Inc. A-12 Capital Improvement Flan 2022 thru 2024 City of Corpus Christi, Texas Project# 19032 �^`"' r Project Name ONSWTP Filtration System Hydraulic Improvements V Type Type Improvement/Additions Department Water Department Useful Life 25 years Contact Director of Water Utilities Category Site Improvements Priority 2 Critical-Asset Condition Status Active Description This project will upgrade filtration system components and equipment that has reached the end of services life.Additionally,the project will address post-filtration hydraulic bottlenecks which will assist ONSWTP in meeting future capacity requirement of 200 MGD.Improvements will include but will not be limited to:upgrades to filtration system piping;replacement of filter gates,valves,and actuators;and filtration system effluent piping and channel hydraulic improvements. Justification Proposed improvements will fix the hydraulics on the back end of the plant to facilitate the production of up to 200 MGD. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 5,500,000 5,500,000 11,000,000 Inspection 100,000 150,000 250,000 Design 1,024,840 900,000 1,924,840 Eng,Admin Reimbursements 111,000 100,000 500,000 500,000 1,211,000 Total 1,135,840 1,000,000 6,100,000 6,150,000 14,385,840 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 1,135,840 1,000,000 6,100,000 6,150,000 14,385,840 Total 1,135,840 1,000,000 6,100,000 6,150,000 14,385,840 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 295 Corpus Chr sti Engineering ONSWTP Filtration System Hydraulic Improvements Council Presentation September 13, 2022 Project Location ? Corpus Chr sti Engineering OJECT LOCATION Ir PROJECT LOCATION __-- O.N.STEVENS WATER �- PROJECT LOCATION TREATMENT PUNT I ti I LOCATPMN MAP AERIAL MAP PROJECT NUMBER:194UAL PR0.IECT NUMBER:79032A 2 Project Scope wll�_ J Corpus Chr sti Engineering This project will upgrade filtration system components and equipment that has reached the end of services life. A brief summary of proposed improvements is as follows: • Replacement of filter media in Plant 1 and 2 filters; • Replacement of Plant 1 and 2 filter valves, gates,actuators,and effluent flow meter; • Repair of leaks in Plant 1 filter influent channels; • Addition of humidity control system in both Plant 1 and 2 filter galleries; • Recoating of Plant 1 and 2 filter galley piping with insulating coatings; and • Addition of a Plant 1 combined filter effluent(CFE) sample location utilizing a tap added to the 60" pipe by others. • Modifications of the Filter-to-Waste piping for Plant 1 and Plant 2,to achieve a TCEQ compliant air-gap 3 Project Schedule Corpus Chi sti Engineering 122 — 2023 20232023-2025 September -August September- October November— November Design Bid/Award Construction Project schedule reflects City Council award in September 2022 with design completion by August 2023 Construction is anticipated to begin in November 2023 with a duration of 24 months and completion by November 2025 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting of September 20, 2022 1852 DATE: September 12, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361 .826.3622 Resolution supporting the candidacy of Mayor Paulette Guajardo for President-elect of the Texas Municipal League for 2022-2023. CAPTION: Resolution supporting the candidacy of Mayor Paulette Guajardo for the position of President-Elect of the Texas Municipal League PURPOSE: Texas Municipal League rules require a candidate for President-elect to submit a resolution from the municipality's governing body supporting their candidacy BACKGROUND AND FINDINGS: Candidates for President and President-elect are elected by the TML Board of Directors and must be a current TML Board member. Mayor Guajardo is one of the eight At-Large Directors representing the eight most populous cities in Texas. Other TML Board members come from the 16 regions, the various affiliate organizations, and any past TML presidents still serving in municipal government. Former Corpus Christi Mayor Luther Jones served as TML President in 1982, Mayor Loyd Neal served as TML President in 2000, and Mayor Nelda Martinez served as President in 2014. If multiple candidates file for office, a nominating committee will interview the candidates during the upcoming TML Annual Conference, October 4-6, 2022, in San Antonio. The nominating committee will nominate one candidate for President and President-elect and the vote by the TML Board of Directors on those nominations will take place on October 7. ALTERNATIVES: The City Council has two options: (1) Approve the resolution of support, which is a requirement for candidacy; or (2) Oppose the resolution, which would preclude candidacy. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution of support Resolution supporting the candidacy of Mayor Paulette Guajardo for the position of President-Elect of the Texas Municipal League WHEREAS, since it was formed in 1913, the Texas Municipal League has been a valuable advocate for the needs and concerns of cities in the Texas Legislature, the U.S. Congress and before agencies and courts, as well as being a forum for the exchange of ideas among leaders of Texas cities and towns; and WHEREAS, at its annual conference in October of 2022, the Texas Municipal League Nominating Committee will select an individual to fill the role of President-Elect for the 2022-2023 term; and WHEREAS, that individual will serve in that role until the annual conference in October of 2023 at which point that person will assume the role of Texas Municipal League President until October of 2024; and WHEREAS, Mayor Paulette Guajardo's service in that office would raise the awareness of our great City and also assure that the needs of the Coastal Bend and cities across the state are heard in Austin; NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City Council of the City of Corpus Christi supports the candidacy of Mayor Paulette Guajardo in her bid for the position of President-Elect of the Texas Municipal League PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor SC �o a� �h NCORPOR 1�'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting of September 20, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director of Intergovernmental Relations TammyE@cctexas.com 361.826.3622 Renewal of federal government relations consultant contract. CAPTION: Motion authorizing the City Manager to execute a two-year agreement for governmental relations services with Hance Scarborough for federal governmental relations services by Larry Meyers for $78,000 per year plus reasonable expenses. SUMMARY: Renewal of two-year governmental relations consultant agreement between the City of Corpus Christi and Hance Scarborough for federal governmental relations services by Larry Meyers. BACKGROUND AND FINDINGS: Larry Meyers, through Meyers & Associates, has represented the City of Corpus Christi for federal governmental relations services since the early 1990s. In 2021, Meyers & Associates merged with Hance Scarborough. Larry Meyers with Hance Scarborough is a well-respected and connected firm in Washington, DC, and has been an influential and resourceful advocate for the City for nearly 30 years. Larry Meyers currently is the principal lobbyist for the City and has keen insight into the City's legislative history and needs. Hance Scarborough maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that benefit the City. Larry Meyers also represents the Alliance for 1-69 Texas and the South Texas Military Facilities Task Force, organizations of which the City is a member. Table 1. Contract History (2014-2022) Meyers & Associates/Hance Scarborough 2014 $6,500 2016 $6,500 2018 $6,500 2020 $6,500 2022 (Proposed) $6,500 Consulting rates for Hance Scarborough have remained the same since 2014 despite increased workloads and deliverable results at the federal levels. ALTERNATIVES: An alternative would be not to renew the consulting contract but is not recommended due to the ongoing uncertainty among many legislative issues facing Corpus Christi in Washington, DC. FISCAL IMPACT: There is no fiscal impact in FY 2022 since the contract begins on October 1, 2023. For FY 2023, funding for the contract will be prorated among several funds based on the type of work provided. The agreement with Hance Scarborough is prorated as follows: General Fund 15%; Water Fund 49%; Wastewater Fund 17%; Airport Fund 14%; and Gas Fund 5%. Funding for the contract is included in the FY 2023 operating budget. RECOMMENDATION: Staff recommends approving the motion authorizing the City Manager to execute a two-year- agreement for governmental relations services with Hance Scarborough for federal governmental relations services for $78,000 per year plus reasonable expenses. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Hance Scarborough 2. PowerPoint presentation AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HANCE SCARBOROUGH, LLP FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Hance Scarborough, LLP an Austin based law and governmental relations consulting firm with a Washington DC office ("Hance Scarborough") and is effective the 1st day of October 2022. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs,protecting the tax exempt status of municipal bonds, Hurricane Harvey recovery and mitigation funding, Covid-19 recovery and mitigation funding, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, Federal Aviation Administration (FAA) funding for airport improvement projects, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Hance Scarborough specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Hance Scarborough agree as follows: 1. City Duties. The City hereby appoints Hance Scarborough to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Hance Scarborough in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Hance Scarborough $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence on October 1, 2022 and will continue for (24)twenty- four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. Page 1 of 3 d. The services and relationship between the City and Hance Scarborough may be terminated with 30 days' notice by the City Manager. 2. Hance Scarborough's Duties. Hance Scarborough agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Hance Scarborough's other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence October 1, 2022 and continue until September 30, 2024, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Hance Scarborough as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. Page 2 of 3 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 12. Governing law and required compliance. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. Hance Scarborough agrees to comply with the 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. In accordance with Chapter 2270, Texas Government Code, the signatory executing this Agreement on behalf of Hance Scarborough verifies that the company does not boycott Israel and will not boycott Israel during the term of this agreement. 13. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Peter Zanoni DATE City Manager HANCE SCARBOROUGH, LLP Larry eyers DATE APPROVED S-T, ORM: Assistant City Attorney Page 3 of 3 Government Relations Representation 118th United States Congress Council Presentation September 20, 2022 Contract Lobbyist Larry Meyers Hance Scarborough , Washington, D.C. ZN-i Contract History • Meyers & Associates has represented the City in Washington, DC since the early 1990s • In 2021 Meyers & Associates merged with Hance Scarborough. • Larry Meyers remains the principal lobbyist for the City • Consulting rates for federal government relations services have remained level despite increased workloads and deliverable results. Meyers &Associates / Hance Scarborough 2014 $6,500 2016 $6,500 2018 $6,500 2020 $6500 2022 (Proposed) $6500 SC �o a� �h NCORPOR 1�'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting of September 20, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director of Intergovernmental Relations TammyE@cctexas.com 361.826.3622 Renewal of state government relations consultant contract. CAPTION: Motion authorizing the City Manager to execute a two-year renewal agreement for governmental relations services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in monthly expenses. PURPOSE: Renewal of a two-year governmental relations consultant agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. BACKGROUND AND FINDINGS: Focused Advocacy became the City's consultant for state matters in 2011. Focused Advocacy is a well-respected and connected firm in Austin, Texas, and has been an influential and resourceful advocate for the City for over a decade. Focused Advocacy has keen insight into the City's legislative history and needs. The firm almost exclusively represents municipalities in Texas and has extensive knowledge of municipal law, municipal utilities, and legislative issues. The firm also represents the Texas Mayors of Military Communities, an organization the City is a member of. Starting in 2014, the contract term was amended from 12 months to 24 months to coincide with the Texas Legislative biennial. Table 1 details the monthly retainer for the consultant agreement. Table 1. Consultant Contract History (2014-2022) Focused Advocacy 2014 $9,000 2016 $9,000 2018 $9,000 2020 $9,000 +$350 monthly expenses 2022 (proposed) $9,000 +$350 monthly expenses For the 2020 agreement, the City began to reimburse Focused Advocacy $350 per month for related travel expenses and the monthly retainer, which will continue with this renewal. Consulting rates for the firm have remained the same despite increased workloads and deliverable results at the state level. ALTERNATIVES: An alternative would be not to renew the consulting agreement, but it is not recommended due to the ongoing uncertainty surrounding many issues facing the city; it is essential to maintain our strong representation in Austin, Texas. FISCAL IMPACT: There is no fiscal impact in FY 2022 since the contracts begin on October 1, 2023. For FY 2023, funding for the contract will be prorated among several funds based on the type of work provided. For the contract with Focused Advocacy, the proration is as follows: General Fund 14%, Water Fund 63%, Wastewater Fund 17%, and Gas Fund 6%. Funding for the contract is included in the FY 2023 operating budget. RECOMMENDATION: Staff recommends approving the motion authorizing the City Manager to execute 24-month renewal agreements for governmental relations services with Focused Advocacy for state governmental relations services for $108,000 per year plus $4,200 in travel expenses LIST OF SUPPORTING DOCUMENTS: 1. Existing contract with Focused Advocacy 2. Renewal Letter 3. PowerPoint Presentation • September 12, 2022 Attention: Snapper Carr FINANCE- Focused Advocacy PROCUREMENT 816 Congress Avenue, Suite 370 DEPARTMENT Austin, TX 78701 PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: Subject: Legislative & Regulatory Consulting Services 361.826.3160 Renewal_O tion Dear Mr. Carr, The City of Corpus Christi hereby notifies you that it wishes to exercise the option to renew the above referenced service agreement. This option represents the first of two renewal options provided in the agreement with a term of October 1, 2022, thru September 30, 2024. The renewal will be subject to all terms and conditions of the service agreement. Please show your concurrence with this renewal by signing on the line below and returning this letter to me at your earliest convenience. Thank you, Josh Chronley Assistant Director, Finance- Procurement City of Corpus Christi 361-826-3169 ******************************************************************************************* Focused Advocacy, LLC Concur: 6410Ja 1<�c� Na Title Ddte FOCUSED (Q�,J ADVOCACY Agreement Legislative& Regulatory Consulting Services City of Corpus Christi& Focused Advocacy It is agreed effective October 1, 2020 that Focused Advocacy, LLC. (hereinafter "the Consultant") as located at 816 Congress Avenue, Suite 370, Austin, Texas 78701 will for the following compensation and under the following terms and conditions provide the City of Corpus Christi (hereinafter"the City") as located at 1201 Leopard, Corpus Christi,TX 78401 with the following scope of services: 1. Term: The term of this agreement shall be for 24 months from October 1, 2020 thru September 30, 2022. 2. Renewal• At the mutual agreement of both parties, this agreement may be renewed for two (2) additional 24-month periods. 3. Scope of Services: Consultant shall: 1. Represent the City's general interests before the Texas legislature as guided by the City's publicly adopted legislative positions and agenda; 2. Provide general guidance and assistance to the City to develop a legislative and regulatory agenda that advances the health, safety,and welfare of the City's citizens; 3. Develop strategies to gain public support the City's legislative and regulatory goals; 4. Develop strategies to gain support for and advance the City's legislative and regulatory goals; 5. Work to defeat legislation the City deems detrimental to the public health, safety, or welfare of its citizens; C2020-307 9/15/2020 M2020-188 Focused Advocacy LLC SCANNED 1 FOCUSID (J;�,J AOVOCACY 6. Work to pass legislation the City deems positive to the public health,safety,or welfare of its citizens 7. Provide the City staff and Council with timely updates regarding the status of pending legislation and rule makings; S. Utilize proprietary software to help the City monitor the progress of legislation that affects the City; 9. Provide the City staff and Council with timely updates regarding the status of pending legislation and rule makings; 10.Advise and inform the City of upcoming legislative committee hearings (both during the legislative session and during the interim); 11.Assist with the preparation and drafting of legislation and amendments.- 12. mendments;12.Assist with the development and drafting of letters, speeches and other advocacy materials; 13. Assist with the preparation of City officials who testify before legislative bodies; 14. Attend and monitor on the City's behalf legislative hearings, agency hearings, stakeholder meetings,TML meetings, and interim legislative committee hearings; 15.As directed, represent the City's interests before the regulatory bodies of Texas and various state agencies of the Texas executive branch by informing the City of key state agency hearings and developments at the Texas Comptroller of Public Accounts, Department of Transportation, Public Utility Commission, General Land Office, Railroad Commission, Water Development Board, Commission on Environmental Quality, and the Department of Housing and Community Affairs; and 16.As directed, engage with state agency staff and personnel to protect or advance the City's interests during administrative rule-making proceedings. 4. Expansion of Scope of Services: This agreement is expressly limited to the scope of services detailed herein. 2 I� FOCU In ADVOCACY Any additional services requested by the City will necessitate an amendment to this agreement with new terms and compensation. 5. Retainer Compensation & Billing: In consideration for the performance of the services outlined in this agreement during the period covered by this agreement,the City agrees to pay Consultant$9,000.00 per-month. Monthly invoices will be sent on or around the 1st day of each month and payable by the 15th day of each month. Payment shall be either electronically deposited directly to the bank account provided by the Consultant or otherwise mailed to Focused Advocacy at 816 Congress Avenue, Suite 370, Austin,Texas 78701. 6. Reimbursement Qf Expenses: In addition to the monthly retainer, the City shall also reimburse Consultant three hundred and fifty dollar ($350) per month for the related out-of-pocket expenses incurred by the Consultant associated with the client-related business meetings hosted by the Consultant in furtherance of the duties and services required by this agreement. The City agrees to pay the Consultant this reimburse of expenses at the same time it pays the monthly retainer. In addition,the City will reimburse Consultant for any reasonable and customary expenses related to travel requested of the Consultant by the City (i.e. - airfare, mileage, rental cars, taxis,hotels,travel-related meals). 7. Termination: r vided the Manager rovides the I'u terminated without cause o This agreement may term p Cityp Consultant ninety days (90) written notice. Effective from the date written notice is delivered to the Consultant, the City is responsible for and Consultant shall be fully compensated by the City for the retainer due during the 90-day period for termination I! without cause. The City Manager may also terminate the agreement with thirty days (30) written notice if termination is caused by a conflict of interest as governed by Chapter 305,Government Code regarding legislation that cannot be resolved between the City and another client of the Consultant regarding a specific piece of legislation. Effective from the date written notice is delivered to the Consultant, the City is responsible for and Consultant shall be fully 3 FOCUSED ADVOCACY compensated by the City for the retainer due during the 30-day period for termination due to a conflict. 8. Conflicts of Interest: Should any other client of the Consultant take a position on a piece of legislation that is in opposition to the position of the City or should Consultant believe that its representation of the City is materially affected b theposition tak nanotherb client, C onsultant will comply Y with all applicable state laws regarding conflicts of interest and will notify in writing the City within two (2) business days from the date Consultant became aware of the conflict. Consultant must obtain written permission from the City to continue its representation. If the conflict is between the City and any private-sector client of the Consultant, then Consultant shall resolve the conflict in favor of the City. 9. Points of Contact; Unless directed otherwise,the City Manager shall act as the point of contact for the City and Brandon Aghamalian and Snapper Carr shall act as the point of contact for the Consultant. �r The Consultant will take its direction and work orders from the City Manager. 10. Confidentiality If a party provides information or materials indicated to be confidential,the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this agreement and as required by law. It is understood by Consultant that the materials produced and provided under this agreement are the property of the City and shall be returned to them upon request. 11. Consultant Relationship: Iw It is understood by the parties that Consultant is an independent Consultant for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee,full or part-time of Client. 12. Contract for Professional Services it The parties to this agreement mutually acknowledge and understand that pursuant to Section 2.52.022(a)(4) of the Texas Local Government Code,a procurement for professional 4 FOCUSED AOVOCACY services such as the services contained in the scope of this agreement is exempt from the competitive bid or proposal requirement. 13. Compliance with Texas Ethics_Laws: The Consultant agrees to comply with all applicable state lobby registration and reporting laws and with all applicable state authorities including the Texas Ethics Commission. 14. Entire Agreemgnt and Modifications: This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreement or understandings, whether oral or written, negotiations and discussion This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by both parties. (SIGNATURE PAGES FOLLOW) 5 F 0 C U S E 0 ADVOCACY This contract is accepted on September 15, 2020 as evidenced by the execution hereof by the signatures of the undersigned. Signature-City of Corpus Christi Signature-Focused Advocacy e o s A^J � , T . 5 A�,J C- 14r z Brandon Aghamalian, President Printed name&title r ,,, "c-t A-L Printed name&title c7FF�cerr� q_ September 15, 2020 Date Date to ATTr:Sr R 4EC GA H ERTA w CITY SECRETARY iity Attorney U1 wwwo r City Attor,-eV 6 Government Relations Representation 88th Session of the Texas Legislature Council Presentation September 20, 2022 Focused Advocacy Team Snapper Carr, Curtis Seidlits, Brandon Aghamalian Lynlie Wallace, Andrew Keefer a � 14 _X v �C- A� Contract History • Focused Advocacy became the City's consultant for state matters in 2011 but represented the City before that with a different firm • Consulting rates for the firm has remained level despite increased workloads and deliverable results at the state and federal levels. 2014 $9,000 2016 $9,000 2018 $9000 2020 $9000 +$350 monthly expenses 2022 (proposed) $9000 +$350 monthly expenses so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 20, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Elsy Borgstedte, Assistant Director of Aviation Elsyb(a)cctexas.com (361) 826-3682 Ratifying the submission of grant application to the U.S. Department of Transportation, in the Bridge Investment Program for Commodores Bridge CAPTION: Resolution ratifying the submission of a grant application to the U.S. Department of Transportation Federal Highway Administration under the Bridge Investment Program grant, for a total project cost of approximately $3,700,000 with a 10% city cash match in the amount of $370,000 and a 90% federal share in the amount of $3,330,000. PURPOSE: Resolution for the submittal of a federal grant application by the City of Corpus Christi to the U.S. Department of Transportation (USDOT) for discretionary competitive funding opportunity under the Infrastructure Investment and Jobs Act in the Bridge Investment Program (BIP) grant for construction of the Commodores Drive Mobility Bridge. BACKGROUND AND FINDINGS: The USDOT has issued a Notice of Funding Opportunity for the Bridge Investment Program ("BIP") grant to assist cities with planning and construction for large projects over $100 million and bridge projects under $100 million. Eligible projects include bridge replacement, rehabilitation, preservation, and construction that improve safety, efficiency, and reliability of mobility and improve existing bridges. This grant is a discretionary and competitive funding opportunity available to cities around the country that have bridge projects that will improve safety, benefit the surrounding environment, revitalize underutilized business zones or disadvantaged communities, and better the bridge's ability to handle future regional network transportation needs. The City of Corpus Christi is nominating Commodores Bridge Project for the BIP grant consideration. The Commodore Bridge is located at 14335 Commodores Drive, Corpus Christi, Texas 78418. Currently, the Commodores Bridge is part of the Whitecap development. The proposed development consists of approximately 242 total acres, of which 50- acres are currently anticipated to be commercial development, and the remaining acreage to be used as a residential, marina, mixed-use, and a nature preserve. There are canals and mobility bridge developments that are part of the overall project. The Commodores Bridge, a multi-purpose bridge, will not only offer new boat-mobility access and significant improvement of water quality via circulation and flushing but also better handle the future regional network transportation needs of the surrounding community, which is in the process of expanding through an adjacent two-hundred and forty-two acres master-planned development. Additionally, this unique project is committed to creating public spaces, ample pedestrian and cycling amenities, and sensitive environmental areas. ALTERNATIVES: Refuse the grant and find other funding sources for development of Commodores Bridge. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council approval is required for acceptance of grant and the 10% local match. EMERGENCY / NON-EMERGENCY: Non-Emergency. FINANCIAL IMPACT: There is no financial impact for the application process. Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution, as presented. LIST OF SUPPORTING DOCUMENTS: Commodores Bridge Exhibit Resolution ratifying the submission of a grant application to the U.S. Department of Transportation Federal Highway Administration under the Bridge Investment Program grant, for a total project cost of approximately $3,700,000 with a 10% city cash match in the amount of $370,000 and a 90% federal share in the amount of $3,330,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Council ratifies submission of a grant application to the U.S. Department of Transportation Federal Highway Administration under the Bridge Investment Program in the amount of $3,330,000, with a cash match of $370,000 for a total project cost of $3,700,000. Furthermore, the City Manager, or his designee, is authorized to execute all documents necessary to accept, reject, modify, or terminate the grant, subject to appropriation of the cash match. 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 WHITECAP NPI Mobility and Water Circulation - With Commodores Bridge IN TR A C O AS TA L WATERWAY I LAGUNA M A D R E � \ I ' \ I FUTURE BRIDGE \ II ( BY OTHERS) - -- ( I BOAT ACCE&S \vv m� WATER CIRCULATION FUTURE WATER CONNECTION (BY OTHERS) l.� w 00- `�\ COMMODORES G \ i GYPSY \ v\ BRIDGE PARK ROAD 22 BRIDGE OR ����`` SH 361 WHITECAP ° — w BRIDGE 1 N ENCANTADA "1 CULVERT �Eewnao oa W = p=1 N w�°wARooa !A E 1 G U L F O F M E X I C O IMAGES AND RENDERINGS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. R22-04-08 OMB Number:4040-0020 Expiration Date:01!3112023 APPLICATION FOR FEDERAL ASSISTANCE SF-424 -MANDATORY 1.a.Type of Submission: 1-b.Frequency: 1.d.Version: Application Annual ®Initial E]Resubmission Revision ❑Update Plan Quarterly 2.Date Received: STATE USE ONLY: Funding Request F-1 Other 09/08/2022 Other 3.Applicant Identifier: 5. Date Received by State: Other(specify): Other(specify): 4a.Federal Entity Identifier: 6-State Application Identifier: 74-6000574 1.c.Consolidated ApplicationlPlanlFunding Request? 4b.Federal Award Identifier: Yes P No Z I Explanation 7.APPLICANT INFORMATION: a.Legal Name: City of Corpus Christi b. Employer/Taxpayer Identification Number(EINITIN): c.UEI: 74-0'000574 XETBIPF;CL895 d.Address: Street!: Street2: 1201 Leopard Street City: County/Parish: Corpus Christi State: Province: TX: Texas Country: Zip 1 Postal Code: USA: UNITED STATES 76401-2120 e.Organizational Unit: Department Name: Division Name: City Manager's Office I-- f.Name and contact information of person to be contacted on matters involving this submission: Prefix: First Name: Middle Name: By Last Name: Suffix: Sorgstedte Title: Assistant Director of Aviation Organizational Affiliation: of Corpus Christi Telephone Number: 361-826-3662 Fax Number: Email; elsyb@cctexas.com APPLICATION FOR FEDERAL ASSISTANCE SF-424-MANDATORY 8a.TYPE OF APPLICANT: C: City or Township Government Other(specify): b.Additional Description: 9.Name of Federal Agency: Department of Transportation 10.Catalog of Federal Domestic Assistance Number: 20.205 CFDA Title: Highway Planning and Construction 11. Descriptive Title of Applicant's Project: Commodores Bridge Project - Mobility Access and Dead Water Improvement 12.Areas Affected by Funding: 13.CONGRESSIONAL DISTRICTS OF: a.Applicant: b.ProgramlProject: 27 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 14. FUNDING PERIOD: a.Start Date: b.End Date: 01/01/2023 12/31/2025 15.ESTIMATED FUNDING: a.Federal($): b.Match($): 3,330,000.00 370,000.00 16.IS SUBMISSION SUBJECT TO REVIEW BY STATE UNDER EXECUTIVE ORDER 12372 PROCESS? El a.This submission was made available to the State under the Executive Order 12372 Process for review on: b.Program is subject to F.O. 12372 but has not been selected by State for review. ® c.Program is not covered by F.O. 12372. APPLICATION FOR FEDERAL ASSISTANCE SF-424- MANDATORY 17.Is The Applicant Delinquent On Any Federal Debt? Yes [-] No® I Explanation 18.By signing this application,I certify(1)to the statements contained in the list of certifications—and(2)that the statements herein are true,complete and accurate to the best of my knowledge.I also provide the required assurances"and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 18,Section 1001) **I Agree **This list of certifications and assurances,or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix- First Name: Peter Middle Name: Last Name: Zanoni Suffix: Title: City Manager Organizational Affiliation: Telephone Number: 361-826-3865 Fax Number: Email: peterz@cctexas.com Signa of th ized Representative: Date SignetJ F09/08/2022 Attach supporting documents as specified in agency instructions. Add Attachments I Delete Attachments View Attachments APPLICATION FOR FEDERAL ASSISTANCE SF-424 -MANDATORY Consolidated Application/Plan/Funding Request Explanation: APPLICATION FOR FEDERAL ASSISTANCE SF-424-MANDATORY Applicant Federal Debt Delinquency Explanation: OMB Number:4040-0006 Expiration Dale:02/2812025 BUDGET INFORMATION-Construction Programs NOTE: Certain Federal assistance prograrns require additional coDmputatrons to arrive at the Federal share of project casts eligible for participation. If such is the case,you MY be notified COST CLASSIFICATION a.Total Cost b.Costs Not Allowable c.Total Allowable Costs for Participation (Columns a-b) 1. Administrative and legal expenses $ 2. Land,structures,rights-of-way,appraisals,etc. S $ $ f 3. Relocation expenses and payments $ $ $ 4. Architectural and engineering fees $ 468,37=.;;z $ $ 460,374.00 5. Other architectural and engineering fees I 1 6. Project inspection fees $ $ $ 7. Site work $ 278,536.00 $ $ 2 8,536.00 8. Demolition and removal $ F 156,485,00 $ $ 56,455.00 9. Construction $ 1,6.39,400,On $ $ 63 g,4o0.00 10. Equipment $ $ $ 11. Miscellaneous $ $ 12. SUBTOTAL(sum oflines1-11) $ 3,454,766.44 $ $ l 3,45s,76e.oe 13. Contingencies $ 241,23a.Gc $ g 241,234.00 14. SUBTOTAL $ 3,7i"C_o_cc $ $ 3,700,441.,0 15. Project(program)income $ $ $ 0.oc 16. TOTAL PROJECT COSTS{subtract it 15 from 414) $ 3,703,oca.00 $ is 3,700,000.001 FEDERAL FUNDING 17. Federal assistance requested,calculate as follows: (Consult Federal agency for Federal percentage share,) Enter eligible costs from line 16c Multiply X 90 % $ 3,330,000.00 Enter the resulting Federal share, ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2025 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program.If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. if such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) 3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255), as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism; (g) §§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as 7. Will establish safeguards to prohibit employees from amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest, or personal gain. made; and Q)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles 11 and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h)protection of programs. These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended(P.L. 93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 17. Will assist the awarding agency in assuring compliance 13. Will comply,as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act(40 U.S.G. §§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C. §470), EO 11593 (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 333) regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial andcompliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No. A-133, (P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(NPA)of 2000, as 190)and Executive Order(EO) 11514; (b) notification amended(22 U.S.C. 7104)which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2) Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of SIGNATURE OF AUT ORIZED CERTIFYING OFFICIAL TIP E VIM City Manager APPLICANT 4 GANI TION DATE SUBMITTED City of Corpus\Zaisti, Texas 09/08/2022 SF-424D(Rev.7-97)Back DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.5.C.1352 OMB Number:4040-0013 Expiration Date:02/28/2025 1.*Type of Federal Action: 2.*Status of Federal Action: 3.*Report Type: a.contracl a.bidloffer/application ®a.initial filing ® b.grant b.initial award b-material change H .cooperative agreement El c.post-award d-loan e.loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: ®Prime n$ubAwardee Name :.ity o= Corpus Christi, Texas Street 1 Street 2 1201 Leonard Street City State x: Zi Corpus Christi . Texas p 78401 Congressional District,if known: 5, If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prirne: 6.* Federal DepartmenVAgency: 7.*Federal Program Name/Description: Cepartmect o' !ransportation aridge Investment Program - Highway Planning and Construction CFDA Number,dappficabife: 20.205 8.Federal Action Number,if known: 9.Award Amount, if known: 10.a.Name and Address of Lobbying Registrant: t Prafix First Name Middle Name I =ante Scarnoro�ch, LSP 'Last Name Suffix 'Street 1 Street 2 512 Hirst Street SE Suite One 'City State Zip ashirgtor= DC: District o_` Co- --.iia b. Individual Performing Services(including address ifdifferentfromNo.10a) Prefix f First Name _ Middle Name -arry `Last Name 51" Tx layers Street f Street 2 412 First Street SP Suite Oce City +ra sh ir.c ton State . Datri _ of C.oh.:mbia Zip 206 3 11. Information requested through this form is authorized by title 31 U_S.C.section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than 510,000 and not m 5100, 00 f each such failure. 'Signature: Nart1e: Pre x 'First Name Middle Name `Last Name Suffix Title: city r;a-, - Telephone No.: Date: 09/Ds/2022 Federal Use Only: Amhori:ed ler L1Reprod�fio Y Standard Forth-LLL(14—7.97) CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Farm-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. "APPLICANT'S ORGANIZATION City of Corpus Christi, Texas PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix' I *First Name: =ever Middle Name: *Last Name:I Zanoni Suffix: Title: �;ity Manager * SIGNATURE: 'DATE:176 S(P ©r . � (, {+ V ^ISL-�'ti�. L. i '� 1 1?lam � � �•., '� 1 j '; Y !! #'•' 7852 err r rr r rrr - : � • � ' r x' `may }r �5'y to fJ ,��,5:','�y`rY'�.R' '•z+ 5w AF T 'mss"• . sr .�� G Y+t,"`,M yip:r'� �', 1� ��� ���!.;t 1• r �`�' % '1� , 2,022 Bridge Investment Program City Of COrPLIS Christi - Commodores Bridge Table of Contents 1. Project Description ...................................................................................2 1.1 Project History and Context.................................................................3 2. Project Location.......................................................................................5 3. Project Funding Sources and Uses of Funds......................................................6 3.1 Project Schedule .............................................................................9 4. Merit Criteria..........................................................................................10 4.1 State of Good Repair .......................................................................10 4.2 Safety..........................................................................................10 4.3 Mobility and Economic Competitiveness...............................................12 4.4 Climate Change, Resiliency, and the Environment ....................................13 4.5 Quality of Life...............................................................................15 4.6 Innovation.....................................................................................16 5. Project Readiness and Environment Risk.........................................................16 6. Benefit-Cost Analysis...............................................................................18 Page 1 2022 Bridge Investment Program City of Corpus Christi - Commodores Bridge 1, Project Description The City of Corpus Christi ("City"), Texas is submitting its Commodores Bridge, an off-system bridge, for consideration in the Department of Transportation ("DoT")'s 2022 Bridge Investment Program("BIP"). A multi-purpose bridge, the Commodores Bridge will not only offer new boat- mobility access and significant improvement of water quality via circulation and flushing but also better handle the future regional network transportation needs of the surrounding community, which is in the process of expanding through an adjacent two-hundred and forty-two unit master-planned development. The City is requesting $3.33M in BIP hinds for the Commodores Bridge which will help achieve the City's long-term objective of reinvigorating a historically-underutilized area while also satisfying the grant's intended goals of building a bridge that improves safety, efficiency, and reliability of people and freight as well as reducing total personal miles traveled over bridges that do not meet current regional transportation network requirements. With its design phase nearing a December 2022 completion, the Commodores Bridge is a shovel- ready bridge project that can be completed within twelve months of receiving BIP funds. Furthermore, as a strategic priority for the City, the City has already submitted and reserved its 10% fund commitment (—$400k) via City Council and City Manager approval. Beyond the significant transportation and safety benefits,by selecting this project for funding, the DoT will be investing in a community,which will serve as a fixture model that protects and celebrates the City's natural treasures through innovative regenerative infrastructure, sustainable building, and the beautifiil blending of nature with community life. Figure A. Rendering of Planned Community y�. Ai: - Iry �.fi i' � F r � Page 2 2022 Bridge • of •rPLJS Christi - Commodores Bridge 1.1 Project History and Context Incorporated in 1852, the City of Corpus Christi began as a frontier-trading post between American and Mexican visitors'. Over time, the City became a valuable contributor to Texas' growth both in teens of economic and cultural diversity. As one of the largest coastal cities in Texas (eight overall), the City plays a pivotal role in facilitating trade throughout the nation, specifically energy, agriculture, and fishing products.2 With over 63% of residents identifying as Hispanic or Latino, the City boasts one of the most diverse communities in the country and proudly promulgates its rich heritage and history.a Part of the City's remit, North Padre Island is located several miles East of the City. At over 100 miles long,North Padre Island is among barrier islands that dot the Texas coastal bend. Known for its coastal beauty, the island has a wealth of diverse natural treasures; so much so, that it hosts the Padre Island National Seashore, which operates the Golf of Mexico from the Laguna Madre- one of the few hypersaline lagoons in the world.4 Therefore, any new construction on North Padre Island is methodically planned, reviewed, and analyzed by the City to ensure it is in the best interest of the residents, the local environment, and the City. The Commodores Bridge Project satisfies all three constituencies. Community Inspirations f Connected by water The City began planning for the Commodores Bridge in tea' "'""'• ,, earnest in 2022, among its long-term vision to create a c. mixed-use development that r incorporates the natural ri surrounding with ' Y Y commercial, residential, and retail amenities. The City's z il intent is to offer a water- exchange system that offers residents and visitors free- ;il flowing boat, cycling, and pedestrian movement while ` also increasing water quality Figure B: City's Strategic Vision in North Padre Island for the surrounding canals. https://news.octexas.com/resources/facts/city-of-corpus-christi-history 2https://www.tshaonline.org/handbook/entries/corpus-christi-tx 9 https://www.census.gov/quickfacts/fact/table/corpusr-hristicitytexas/RH17252214gf-headnote-b 4 https://www.nps.gov/paisAndex.htm Page 3 2022 Bridge !!ram City of CorPLIS Christi - Commodores Bridge L a FgiYr,G pk ^_cv1 SY/f NXlfll EO-/f!MM J k' WUII 111.W6 W!0 + 1 4-R IImIAM 1 S - J _ K L 5..-.. y ....., ew b i .I IM@P(Ypg7 �! a COMMODORLS DRIVL MOBILITY BRICOL' a IT 1• Figure C. Proposed Commodores Bridge Aerial View Schematic The Commodores Bridge will be a four-vehicle travel lane (two-Iane each way) that offers a 4' median and 6'accompanying sidewalks in each direction. It is designed with 60'spans at a 85' width. Importantly, the proposed project will create a 50'wide and 12'vertical clearance waterway underneath the bridge that opens the canal to small boats, kayaks, and other small watercraft while allowing free-flowing vehicle, pedestrian, and cycling traffic above. To fiirther safety benefits, a 300'guardrail/retaining wall will be installed. Additionally, a 4% approach for 75'and 4% slope for 125'on both the entry and exit of the bridge will be constructed. Figure D: Proposed Commodores Bridge Side View Schematic 300'BROM/WfAIN C WALL/01.W RAL 73.7 Ib' 'A' 12}• 23.7 4xAPPROACH 41 9,Oft 4PO4 4A SLOPE 41 APPROACH 25' 27' 2x TYP 1%TP 0. "' EL 15.0 lslfl7fAl's�[1JIEi.1 I}1 Illil 1(1'_�dtl %��{,rL I11flll ro ItA qq l'L 110 . jl .. TPMJl DWrP C GWDE Ei mo . 'IDP OFF BI1410iPM Q-5.0 HOMZW&GRWWC SGAC '�- 0 3G W Y7 127 h-.••`u•._ . VEFIIC.L GRAPISC SCALE .., C 5- to' 27 30' 40' ........................................................ 'SCHEMATIC BRIDGE ELEVATION: Page 4 2022 Bridge i of irpus Christi - Commodores Bridge 2. Project Location °°p p H» = e COMMODORES DRIVE MOBILITY f BRIDGE The proposed Commodores Bridge is located - near the intersection of Commodores Drive and Waves Drive, Corpus Christi, TX 78418 (27.618016, -97.224253). Figure E and y„ . IA OU MA Figure F display both a city view and an _ YAQI enlarged aerial view respectively. The bolded outline in Figure F denotes the conceptual t k master plan of the 242-unit planned s community, which will offer a series of 1PROJECTLOCATION navigable canals as well as routes to the 1, Az 1 , Upper Laguna Madre and Gulf of Mexico. �A �e�AfG� 45 u� Figure F: Enlarged Local View L.IArEHn.6mUImEERIN _sem Yf—�..-� ;..�- .................................... � q, coMMooaREs Figure E: City View :DRIVE MO BILITY The City intends that this project will be a critical conduit to its long-term objective of creating the Whitecap Preserve, where public waterways, pedestrian walkways, and a a'J..rl '� —�'..4 y..y i y��rl c-•. ^S 4l G G s i preserve)) area will be set aside for community and resident use alike. As a further benefit, this project will play an 1: integral part in the innovative financing for this project as this redevelopment will 71 provide an increased step up in tax and fee revenue for the public stakeholders of Corpus R l v�rJ 'TT tAI % N Christi, including the City,Nueces County, Flour Bluff School District, an Del Mar j Gn f college district in form of property taxes, sales tax, hotel occupancy tax, development ` fees and utility revenue. , LJ. I.JAEMG$eEERWG t« �- - ¢ Page 5 2022 Bridge Investment Program •rpus Christi - Cornmodores 3. Project Funding Sources and Use of Funds For the Commodores Project, the City is requesting $3,330,000 in BIP federal funds. The remainder will be funded through the City, $370,000, for a total of$3,700,000. The costs are staged in four parts of construction and one part for development costs. Each part has a requisite sub-task that can be found in Section 4: Project Schedule. These tasks are conditions-based ' and are in time-released tranches pending work completion e.g. Task Al General Mobilization will be funded and completed before starting TaskC7 city i BIP Sidewalk Ramp Figure G: Funding Sources i) Part A: General $503,000 ii) Part B: Demolition & Earthwork$172,000 iii) Part C: Street Improvements $306,000 iv) Part D:Bridge Improvements $1,$03,000 v) Total Development Costs $915,000 Page 6 2022 Bridge Investment Prograrn City of Bridge Figure F: Preliminary Cost Estimate Preliminary Opinion of Probable Construction Costs TAR. 2. No. 2 PROSPECTIVE PROJECTS COMMODORE$ DRIVE MOBILITY BRIDGE City of Carpus Christi LJA ENGINEERING, Inc. PART A-GENERAL ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT Al General,Mobilization,&De-Mob0izatloo 1 LS S 71,000.00 $ 71,000.00 A2 Payment&Performance Bonds 1 LS 5 47,000.00 S 47,000.00 A3 Storm Water Pollution Prevention Plan 1 LS S 10,000.00 S 10,000.00 A4 Traffic Control 1 LS S 50.000.00 $ 50,000.00 A5 Temporary Pavement for Traffic Control 2,650 SY $ 50,00 $ 132,500.00 A8 Ozone Action Days 1 DAY $ 1,000.00 $ 1,000.00 A7 Conatruction Entrance 1 EA S 2,500.00 S 2,500.00 A9 Silt Fence 1,250 LF $ 3.50 S 4.375.00 A9 Utility Adjustments 1 LS S 150,000-00 S 150,000.00 SUB-TOTAL PART A-GENERAL S 469,375 10%Contingency(Items A3 through A9 On1y) $ 34,625 TOTAL PART A-GENERAL $ 803,000 PART B-DEMOLITION&EARTHWORK ITEM DESCRIPTION Ol'Y UNIT UNIT PRICE AMOUNT 81 Pulverize 8 Recompact Existing Roadway Pavement 4,830 SY $ 11.00 $ 53,130.04 B2 Remove Curb and Gutter 2,100 LF S 6.00 S 12.600.00 B3 Remove Concrete Driveway 100 SY $ 11.00 S 1,100.00 B4 Remove Existing Concrete Sidewalk 2.100 SF $ 4.00 $ 8,400.00 85 Remove Existing Curb Ramp 145 5F $ 5.00 S 725.00 B6 Remove Existing Bulkhead 110 LF S 350.00 S 38.500.00 87 Bridge Embankment 7,000 CY $ 6.00 S 42,000.00 SUB-TOTAL PART B-DEMOLITION&EARTHWORK $ 158,455 10%Contingency $ 15,545 TOTAL PART B-DEMOLITION&EARTHWORK $ 172,000 PART C-STREET IMPROVEMENTS ITEM DESCRIPTION OTY UNIT UNIT PRICE AMOUNT C1 8"Lime Stabilized Subgrade(2'B.O.C.Streets) 4,280 SY $ 8.00 $ 34,240.00 C2 8"Type A,Grade 1-2 Crushed,Limestone Base(Lip-to-Lip) 3.880 SY S 18.50 $ 71,780.00 C3 Prime Coal(0.2 GalfonslSY) 776 GAL S 6.00 5 4,656.00 C4 2'Type'D'HMAC 3.88) SY S 20.00 $ 77,600.00 C5 Std,6'Curb and Gutter(Incl.Limestone Base Beneath Curb to 2'B.O.C.) 2,170 LF S 23.00 S 49,910.00 C6 6'Concrete Sidewalk 6,450 Sr $ 6.00 $ 38.700.00 07 Sidewalk Ramp 110 SF $ 15.00 $ 1.650.00 SUB-TOTAL PART C•STREET IMPROVEMENTS $ 278,536 10%Contingency $ 27,464 TOTAL PART C-STREET IMPROVEMENTS $ 306,000 Page 7 2022 Bridge • of • i 1 Bridge Preliminary Opinion of Probable Construction Costs T. I. R, Z. No . 2 PROSPECTIVE PROJECTS COMMODORES DRIVE MOBILITY BRIDGE City of Corpus Christi LJA ENGINEERING, Inc, PART D-BRIDGE IMPROVEMENTS ITEM DESCRIPTION OTY UNIT UNIT PRICE AMOUNT D1 Cement Stabilized Baokfrll(2 Abutments) 100 CY S 200.00 $ 20.000.00 D2 Prestressed Concrete Pile(20'Sq.)(2 Abutments) 3,600 LF S 200.00 S 720,000,00 D3 Class C Concrete(2 Abutments) 78 CY $ 1,500.00 $ 117.00000 D4 Box Beam ReWorced Concrete Slab 5,100 SF S 25.00 S 127.500.00 D5 Approach Slab 159 CY S 770.00 $ 122,430.00 06 Prestressed Concrete Box Beam(5820) 1.020 LF $ 265.00 S 270.300.00 D7 Rall(Ty T223) 152 LF $ 135.00 S 20.520.00 DS Type A Joint 120 LF $ 70.00 S 8,400.00 D9 Vinyl Sheet Pile Bulkhead 310 LF S 500.00 S 155000.00 D10 Canal Excavation 3,900 CY S 3.75 S 14.250.00 D11 Temporary Cofferdam 1 LS S 64,000.00 S 64.000.00 SUB-TOTAL PART D-BRIDGE IMPROVEMENTS S 1,639,400 10%Contingency S 163,600 TOTAL PART D-BRIDGE IMPROVEMENTS $ 1,803,000 CONSTRUCTION SUMMARY A GENERAL Totat $ 503,000 8 DEMOLITION S EARTHWORK Total S 172,000 C STREET Improvements Total $ 306,000 D BRIDGE Improvements Total S 1,803,000 COMMODORES DRIVE MOBILITY BRIDGE TOTAL CONSTRUCTION $ 2,784,000 TOTAL DEVELOPMENT COSTS DCI CONSTRUCTION Total S 2,784,000 DC2 PLANNING+SURVEY Total S 50,000 DC3 BASIC ENGINEERING Totaf S 325,000 DC4 ADDITIONAL FIXED-FEE ENGINEERING+PLANNINGTotal 5 150,000 DC5 ADDITIONAL TBM ENGINEERING+PL.ANNINGTotal 2.0% of ConstrucWn S 50,000 DC6 ENVIRONMENTAL PERMITTING 8 MITIGATION Total 10.0% of Construction $ 275,000 DC7 GEOTECH+MATERIALS TESTING Total S 65,000 COMMODORES DRIVE MOBILITY BRIDGE TOTAL DEVELOPMENT COSTS $ 3,689,000 Page 8 2022 Bridge • of •rpus Christi - Commodores Bridge Mobility and Economic Competitiveness MtARtia£welrsite of rhe lln�reG States tovernmenf SBA HUBZone Map >felp �u$�ene�rdgram 14202 Commodores Dr CChristi,TX 79418 © • ` rill , Corpus y ® .' v 14202 Commodores Dr, Light Gray- f vAon Corpus Christi,T%78418, r' USA FLDV QualifiedHUBZone until Jun 30,2023 Designations shnwDrwilS Legand v ^h� m / •r Base Closure Census Tract QuallgedHUBZones �(�' ••t Exp7resJun30,2023 ''a O■Census Tract 1Jf�" /�'"��, i F. �,:,I O.County - r `�. r` .. Local into rmation snvoata�ls f O®Indian land Erp1rngHU9Zones < if.rg*i IF.} O%`Redesignated PrintablpVersian Share Map Disasterkea ('J CualiAcoYon is"IW for today.Aug 11,2022 OClaudBamklra //JJ'' , ilk G over no r-Desi gn ated C overed Area Figure L: Qualified HUBzone Part of the strategic importance of this project is the City's commitment to spur economic growth in underutilized or disadvantaged communities. As a certified HUBzone, this project's economic impact will afford a historically-underutilized business zone tremendous opportunities both direct and indirect. As a clear example, dozens of jobs are expected to be created as a result of this investment and the City and its contractors maintain a best-in-class policy to look to minority-owned, woman-owned, and service-disabled veteran-owned small businesses that possess the requisite experience and skill to do the required work. In addition, knock-on, indirect benefits from an increase in economic activity is expected but due to the difficulty of quantifying the agglomeration economic impact, the City denotes it for qualitative reasons only. Page 12 2022 Bridge Investment Program City of i •us Christi - Commodores Bridge 3.1 State of Good Repair s a r s i a s NEPA Review Design Activities General Activities Mar Demolition and Earthwork Street Improvements Bridge Improvements Other Development Figure 1: Project Timeline National Environmental Policy Act (NEPA): The City will act as project lead for the National Environmental Policy Act(NEPA)review process for all components related to the project identified in this grant application. The City anticipates starting these activities in earnest when project funding is secured. The City has extensive experience with NEPA through its other federally-funded projects and has the requisite experience and knowledge to gain approval, therefore we do not foresee any challenges in this phase. Design Phase:This phase is expected to be completed by December 2022 and consists of four stages: conceptual design,preliminary design, detailed design, and construction design. Many of the Commodores Bridge features have been designed including but not limited to: superstructure, substructure, bridge layout, required clearances, and pedestrian facilities. General Activities (Part A): General Activities has nine sub-components that can be viewed in Figure H. From mobilization to the temporary pavement for traffic control and utility adjustments,these requirements are expected to be completed in this phase's duration. Demolition and Earthwork(Part B): Part B focus on pulverizing existing roadway as well as clearing and removing existing material from the project location to proper disposal sites. Page 9 2022 Bridge Investment Program City of •rPLIS Christi - Commodores Bri Street Improvements (Part C): Currently, the City forecasts seven sub-tasks that represent the frill requirements of Part C. These duties range from the installation of 4,280 square yards of 8" Lime Stabilized Sub-grade to the creation of the dual (one-each direction) sidewalk ramps. Bridge Improvements (Part D): As the most expensive part of the project, Part D - Bridge Improvements is expected to take up to twelve months. Other Development Activities: Lastly, the City expects to have ancillary developmental activities running concurrently while constriction is ongoing. 4. Meru Criteria State of Good Repair The current status quo cannot meet future regional network transportation demands. As an example, the dead-end canal does not allow small boats or recreational water to pass through. This blockage adds to canal congestion and requires a longer, more circuitous route. Furthermore, vehicular and pedestrian and cyclist traffic is expected to grow considerably due to the surrounding new development construction that will be completed within several years. Safety The proposed bridge offers better and safer amenities for all users. At this time, the City does not have any previous history on the amount or severity of crashes but it is reasonable to assume this intersection is statistically normal and is in-line with others in the vicinity. Vehicle Drivers (Passenger and Commercial) The proposed bridge seeks to widen the vehicular lanes in both directions while moving the cycling lane behind a barrier. This will improve riding quality while further minimizing vehicular crashes, especially with cyclists. Page 10 2022 Bridge Investment Programof • •us Christi - Commodo Pedestrians nCyclists: Pedestrians will now have an uninterrupted —450' sidewalk along Commodores Drive. This is a significant improvement both in terms of safety and journey quality from the no-build scenario as pedestrians are forced to walk in the street to complete their trip. In additional, cyclists and pedestrians will have the added safety feature of a sidewall to protect them from vehicles at all times during their crossing. Small-Boats and Recreational Ailtercra>Ft Similar to pedestrians and cyclists, boaters and recreational watercraft uses will have a new, dedicated route when traversing Commodores Drive. At 50'width and 12'height clearance, these users can freely navigate the canal, which eventually leads to the Gulf of Mexico. With this new available route, users are less likely to traverse the Commodores bridge with boat or other small water craft in tow, thus reducing probability of accidents or crashes. Figure K: Drone Photo of Baseline f a y r-' 4 aw. Page 11 2022 Bridge Investment Programof • aCommodores Bridge Climate Change, Resiliency, and the Environment Th. vill W.Wato Tha,project shall present Th:community 1%designed n.or.I ndfoFor both M cohosiva and onlio" to ncouray.N.W., toildonts and :pplear,mce to protect themanuortes. alue and Integrity Of*Veryh ome ad public space I- North Ponlre Island. for the Cay of Corput ChrJgtl Ill. Figure M: Commitment to Environment The City reviews all projects, not just the Commodores Bridge Project,with the highest level of scrutiny to ensure each meet or exceeds the environmental regulatory requirements. Given the Commodores'proximity to the Padre Island National Shore,Upper Laguna Madre, and other natural treasures, it is imperative to ensure any construction project is a net positive to the local environment. The Commodores Bridge Project satisfies those objectives. First, the City encourages all new road and/or bridge projects to include as many as possible amenities for pedestrians and cyclists. This objective encourages non-vehicular traffic, which reduces congestion but also encourages healthy habits such as induced trips that positively affect the user's longevity. Second, the current dead-end canal is a dominant determinant in the canal's poor water quality results. In a report detailing water-quality dead-end canals from the Department of Natural Resources and Environmental Controls, it found, "... dead-end canals have half the mean bottom dissolved oxygen concentration versus non dead-end. In addition, sediment contaminant concentrations were significantly higher and exceeded published guideline values indicating possible adverse ecological effects. The contaminants of greatest concern in these dead-end 5 https://www.jstor.org/stable/1352347 Page 13 2022 Bridge Investment Program City of Corpus Christi - Commodores Bridge canals included arsenic, copper,poly aromatic hydrocarbons, polychlorinated biphenyls, and several banned, persistent pesticides (DDT, dieldrin, endrin, and chlordane). Benthic macroinvertebrate assemblages in canals were severely degraded; mean species richness, abundance, and biomass were 1179, 11104, and 1120 reactively. " There is a direct correlation to water quality and environmental benefits from a navigable and open canal.,which is the main driver of this Commodores Bridge Project. Lastly, resiliency will also improve materially under this new design, which increases elevation to 13' from its current elevation. This elevation is critical during times of heavy rains, which are frequent as Padre Island is part of the Barrier Islands, a group of small islands in the Gulf of Mexico that acts as a first-line of contact in the active hurricane season. Water Quality & Flow - With Whitecap Preserve y )NFRACOASTAL WAtERWAY tA U MA jj a{AORF 'N, i --. OAT ACCESS -- FLWATER CIRCULATION FUTURE WATER CONNECTION (my OTHOts) � - t4MMGM}fl F.4 Bail.e i f— 11' ', r BRIDGE Y�J % PARK ROAD22 Mole 01 SH 751 00 j y006M11KCAP 1 BRIDGE y F. Er1GAr11A0A Iti W WN 4t S E 4 GULF OF MEXFCO Figure N: Future Canal Network Development Page 14 2022 Bridge 1 of /rpUs Ghristi - Gommodores Bridge Quality of Life r. �w Figure O: Future Public Amenities around Commodores Drive Considerable public grounds are scheduled to be constructed around the proposed Commodores Bridge Project. The goal of the City is to use North Padre Island as a foundational community to demonstrate how a higher quality of life can be achieved through redefining how residents live sustainably with the surrounding natural environment. As a testament to that goal, Figure P includes fixture public places and amenities that will be created. Implementing our Commodores Bridge Project will allow for uninterrupted sidewalks, cycling paths, and traversable waterways (canals) in the entire area.A crucial component to creating an expansive, car-optional transportation network for residents to enjoy beautiful public spaces. Public Amenities Community Pool Park and Kayak Launch Community Park Preserve and Trails Existing Fresh Water Ponds Preserve Outdoor Education Center and Trail Figure P: Increasing Quality of Life through dedicated public spaces Page 15 2022 Bridge • of • • • Bridge Innovation The City's proposal seeks to redefine amenities for pedestrians and cyclists. Going above and beyond normal requirements, the City is determined to offer best-in-class facilities for these groups. Figure D, illustrates these amenities through safety barriers, a dedicated path, and an uninterrupted route whereas in the current configuration none of these exist- unfortunately- raising the probability of an accident and offering a low journey quality to the user. 5. Project Readiness and Environment Risk Project Readiness Jeff Edmonds will be the City's Project Manager on the Commodores Bridge Project and has a wealth of experience in this field. Mr. Edmonds holds BS and Master's degrees in Civil Engineering from North Carolina State University and an MBA from UNC Charlotte. He has been a registered professional engineer for over 30 years and is also a PMI certified Risk Management Professional, Mr. Edmonds has spent his career helping public entities bring their infrastructure plans into reality and helping them optimize operational outcomes. Mr. Edmonds joined the City of Corpus Christi as the Director of Engineering Services in March 2015. Engineering Services functions as the City's Capital Program Management Office. Since joining the City, Mr. Edmonds has overseen the completion of over$1 B in construction activity. Prior to joining the City of Corpus Christi, Mr. Edmonds'prior work experience included over a decade in local government as a City Engineer and Public Works Director in two North Carolina cities during the 80's and 90's. Mr. Edmonds also has work experience with an international contract utility operator and an ENR Top 10 general construction contractor. Immediately prior to joining the City of Corpus Christi, Mr. Edmonds was with URS Corporation (now AECOM), a national engineering consulting firm, for 14 years. Environment Risk The City has conducted the following environmental the following reviews relating to the environmental risk of the Commodores Bridge and surrounding area" Phase 1 Environmental Site Assessment on 472 Acres on Padres Island and a formal decision on jurisdictional Determination from the Department of Army, U.S. Army Corps of Engineers, Galveston District on approximate 229.87-acre Former Padre Isles Golf Course, Corpus Christi, Nueces County, Texas. Page 16 2022 Bridge Investment Programof •rpus Christi - Commodo In its Jurisdictional Detennination Approval, the Department of Army, U.S.Army Corps of Engineers ("USACE"), Galveston District confirmed that the proposed project site and surrounding area,"...does not contain waters of the United States (WOTUS) and therefore are not subject to Section 404 of the Clean Water Act"(Page 1). While clearly not a replacement for NEPA approval, an environmental site assessment was completed on the surrounding parcel of land in 2012 by Weston Solutions, Inc, a firm specializing in infrastructure engineering and planning in Corpus Christi, Texas. The review was conducted in general accordance with the approved proposal dated 16 August 2012,40 Code of Federal Regulations (CFR) Part 312— Standards and Practices for All Appropriate Inquiries (AAI), and ASTM International (ASTM)— Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E1527-05. The assessment was positive and revealed no evidence of recognized environmental conditions (RECs) in connection with the property, except for the following: • EDR identified an LPST in 1991. No capacity, location, or removal status was provided in the report or b the site contact. According to information in the EDR report and TCEQ, the tank received closure, but the date was not provided. • One 500-gallon UST was reportedly installed on the Padres Isles CC property in 1974 and pennanently filled in place in 1983. No information was provided on the location of the tank or closure documentation for the UST. • One 1,000-gallon gasoline UST installed in 1994 is currently used at the facility. No inspection reports or tank tightness results were provided for review. • A paint booth was previously used at the facility associated with the former Island Maintenance activities. Dates and details of operations are not known. • An oil sump was previously used at the Padre Isles CC for oil change activities. At the time of the site visit, the sump was covered and no longer in use. Dates and details of the use of the sump were not provided. • Oil-stained soil was noted adjacent to the shed housing the 500-gallon diesel AST and the 250- gallon used oil AST. Both reports can be viewed in their entirety in the supporting attachments folder. Items outstanding before proceeding with construction is NEPA,which the City is ready to begin once awarded BIP funds and receiving the requisite permits from USACE. Page 17 2022 Bricige Investment Program of irpus Christi - Commodores Bridge 6. Benefit-Cost Analysis In accordance with DoT's Benefit-Cost Analysis Guidance for Discretionary Grant Programs (March 2022) methodology and guidance, the City completed a Benefit-Cost Analysis ("BCA") for the Commodores Bridge project. The City used a 7%discounted rate (3% for CO2 emissions reduction) and all values are in 2020 dollars as recommended by DoT. Figure Q breakdowns each benefit category and its respective contribution to the BCR. The most significant contributor is 1.93. Figure Q: BCA Analysis Results Total Benefits D. Dollars) Travel Time Savings $154k Construction Costs $2.97M Vehicle Operating Costs Savings $136k Accident Costs Savings $5.49M Emissions Cost Savings $1 k Journey Quality benefits $4.9K O&M Cost Savings $-622K Residual (Salvage)Value $655k Benefit Cost Ratio 1.93 To view the underlying data, assumptions, and calculated figures, please see the corresponding attachment, "BCA Addendum" and`BCAAddendum Excel". Page 18 2022 Bridge • of frpus Christi - Commodores Bridge n N e � N +h N N v1 w K 1 N N ta} pp pp OQp 0@p p p ppM a Q vO1 N �„� N� N N V1 V�<R +A vT � ✓��� ✓� VY w VY N i/�N �VHF CL Y O c41 ca N /p��py f6o�p N N (pryvQ�� /eN� �rypy� �aryj end �ry M1]� m m W h m ❑ a a U " m OC N i Slr4 w ins a ^�t ih$ an � N ni N N w a m a m ec n n {{pp N VT Vt N N �� N N N Vr VI LL N hh y� lA pp }y �Nl1 l�pp pp aa rymf qp pp (pqp N N '7 M N N O n O� O� 00 n n tD 18 1N11 N N C N N w N 4A N YY N {yA N N a M Gf Od [] M1 M1 a W n- C� �Np W IA m V �pn�p uh vY V` N N if`vh N Page 19 Grant Application submitted to the U.S. Department of Transportation Federal Highway Administration for Bridge Investment Program Commodores Bridge Project 4O.US yG 2022 Bridge Investment ProgramApplication Overview • Pro'ect: Commodores Bridge Project • Purpose: Submission of a federal grant application to the U.S. Department of Transportation (USDOT) Federal Highway Administration for discretionary competitive funding opportunity under the Infrastructure Investment and Jobs Act in the Bridge Investment Program (BIP) grant for the construction of the Commodores Drive Mobility Bridge. • Cost Breakdown: Federal Grant Share 1 90%1 $3,330,000 Local Match 110%1 $370,000 Total Project Costs 1100%1 $3,700,000 \ I N T R A C O A S T A L WATERWAY 1 L A G U N A \ MAD RE \` l 1 ` 1 \\ 1 � 1 1 \ I rurk,ly�HI,IncF 1 I 1 I 1 IfiY O7fiLf2S- � I --- BOAT ACCESS WATER CIRCULATION ,.y 1 �o IS i FUTURE WATER CONNECTION (BY OTHERS) 99 PIRIPI y ✓ / - GVPSV BRIDGE /1/ \ PAVK ROAD BROW N \ WHIT F CAP H111UGF 1 1 °y+ ENCANTADA , W CULVERT Staff Recommendation • City Council to approve the resolution as presented. se11 �o 0 H V oRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 20, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Laura Garcia, Director of Libraries Lau raGa(a)cctexas.com (361) 826-7070 Cloud Library Digital Resources Interlocal Agreement CAPTION: Resolution authorizing an Interlocal Agreement with the participating Local Governments for Mutual Access to Cloud Library Digital Resources, provided by Bibliotheca LLC, to expand the Corpus Christi Public Libraries' (CCPL) digital media by sharing content with participating more than 50 Local Governments. SUMMARY: This resolution authorizes an Interlocal Agreement that allows the City's Library Department to join the Texas cloudlink lending service provided by Bibliotheca LLC, through Cloud Library Digital Resources. Currently there are over 50 public libraries participating in the Texas cloudlink lending service for a combined collection of over 250,000 eBooks\eAudiobooks. The list of Texas public libraries included county libraries and city libraries. Some of the larger members include Laredo, EI Paso, Bexar County, and Waco. The full list of Texas members is listed as an attachment. Joining cloudlink would allow CCPL patrons to access those collections as well as allow patrons from the participating libraries to access our collection. BACKGROUND AND FINDINGS: The Texas cloudlink lending group is a unique service being offered by Bibliotheca LLC. It allows member libraries to share their Cloud Library Digital Resources with each other. Each participating Library allows cardholders of the other libraries to access and check out its Cloud Library Digital Resources under the terms and conditions of the cardholder's Library. Measures are in place to ensure that cardholders of the owning library have first choice to their library's collection. Pooling resources is a cost-efficient way to increase the digital resources provided to City library patrons. In FY2022 CCPL purchased $10,000 in eContent for a collection of 1 ,514 titles. An amount of $25,000 has already been allotted in the FY2023 Operating Budget for the purchase of Cloud Library Digital Resources, plus the annual subscription (platform fee) of $2,000. Once joined into the interlocal agreement, CCPL will gain access to the cloudlink services and be required to pay a $1 ,000 annual membership fee, which will also be budgeted in the operating budget. PROCUREMENT DETAIL: None ALTERNATIVE: The alternative would be not to join the Texas cloudlink lending service group. Not becoming members will limit the number of titles available to our patrons to only what can be purchased each year. FISCAL IMPACT: There is no fiscal impact associated with the action of entering the interlocal agreement. Future fees associated with participating in the cloudlink library, and Cloud Library Digital Services will be budgeted through the annual budgeting process. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: Project # (CIP Only): Account: N/A Amount: N/A RECOMMENDATION: Staff recommends joining the Texas cloudlink lending service group. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Ordinance Bibliotheca CloudLink Member List Resolution authorizing an Interlocal Agreement with the participating Local Governments for Mutual Access to Cloud Library Digital Resources, provided by Bibliotheca LLC, to expand the Corpus Christi Public Libraries' (CCPL) digital media by sharing content with participating more than 50 Local Governments. WHEREAS, the City of Lewisville, the City of Burleson, the City of Carrolton, the City of Colleyville, the City of Coppell, the City of Euless, the Town of Flower Mound, the City of McKinney, the City of Sachse, the City of Southlake, and the Town of Little Elm (collectively, "Local Governments") are engaged in promotion of public health and welfare by providing easy access to the broad range of public library services to their citizens, including Bibliotheca CloudLibrary digital resources; and WHEREAS, the Local Governments desire to further expand public access to digital content by sharing their respective Cloud Resources among their respective libraries; and WHEREAS, the Bibliotheca CloudLibrary service allows libraries using the service to share their Cloud Resources with each other; and WHEREAS, Chapter 791 of the Texas Government Code, known as the Interlocal Cooperation Act (the "Act"), provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS, provision of public library services are governmental functions and services under the terms of the Act; and WHEREAS, the governing body of each local government believes that the Agreement is necessary for the benefit of the public and that each Local Government has the legal authority to provide governmental functions and services that are the subject of the First Amended Interlocal Agreement for Mutual Access to CloudLibrary Digital Resources (the "Agreement"); and Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. The City Manager or designee is authorized to execute an Interlocal Agreement with participating local governments to expand its digital media beyond that which is presently available under the Cloud Library Service Agreement and likewise will have available to it the digital media of the participating Local Governments. A copy of the Interlocal Agreement will be filed with the office of the City Secretary. 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 INTERLOCAL AGREEMENT FOR MUTUAL ACCESS TO CLOUDLIBRAR'Y DIGITAL RESOURCES This Interlocal Agreement("Agreement")is made and entered into by and among the local governments which have executed it ("Parties"), The Parties, acting by and through their authorized officers execute this Agreement pursuant to Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act(the "Act"). WHEREAS, the Parties are local governments engaged in promotion of public health and welfare by providing easy access to the broad range of public library services to their citizens, including Bibliotheca cloudLibrary digital resources; and WHEREAS,the Parties desire to further expand public access to digital content by sharing their respective Cloud Resources, as hereinafter defined, among their respective libraries; and WHEREAS, the Bibliotheca cloudLink service allows libraries using the service to share their Cloud Resources with each other; and WHEREAS, the .Act provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS,provision of public library services are governmental functions and services under the terms of the Act; WHEREAS,the governing body of each local government believes that the Agreement is necessary for the benefit of the public and that each party has the legal authority 'to provide governmental functions and services that are the subject of the Agreement; and NOW,THEREFORE,upon and for the mutual consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I Definitions Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the following meaning; "Cloud Resources"shall mean all library content provided by the Parties for upload into the Bibliotheca cloudLibrary for the mutual benefit, access and/or use.of the Parties and their Libraries. "Coordinating Committee" shall mean the representatives selected to represent each Party from the participating Parties in this Agreement. Page 1 TLA for Mutual Access to CloudLibrary Digital Resources "Library or Libraries" shall mean the library/ies and resources thereof of the Parties. "Local Government" shall have the meaning given in Section 791.003 of the Act, as amended. ARTICLE II Term 2.1 The initial term of this Agreement shall be for a period of ten (10)years beginning on May 31, 2017, unless sooner terminated as provided herein ("Initial Term"), The Initial Term may be extended by written agreement of the Parties for one or more five (S) year renewal terms (each a"Renewal Tenn"); provided that any such renewal occurs not less than 30 days prior to the end of the then current term. ARTICLE III Responsibilities of the Parties 3.1 Access, Each Library shall allow cardholders of the other Libraries to access and check out its Cloud Resources through the Bibliotheca cloudLink service under the terms and conditions of the cardholder's Library,unless otherwise specified in the Agreement. 3.2 Policies and Procedures. The current policies and procedures of each Library shall remain in effect, with no coordination or standardization required, except that the following procedures shall be followed for shared Cloud Resources: a. Cloud Resources may only be placed on hold by cardholders of the Library which owns the Cloud Resource in question. b. Available Cloud Resources may be checked out by any cardholder of a participating Library. c. The circulation period of the Cloud Resources are determined by the circulation policies of the cardholder's Library and may vary among Libraries. d. Each Library shall track the number of items checked out from their respective Libraries and create an annual report by fiscal year of such data for review by the Coordinating Committee. These reports shall be provided to the Coordinating Committee annually by not later than January I", e. Each Library shall submit an annual report of expenditures on Cloud Resources in the preceding fiscal year as set by that Party to the Coordinating Committee annually by not later than January Ise Page 2 ILA for Mutual Access to CloudLibrary Digital Resources f. Each Library shall submit an annual report of their overall materials budget if their expenditure on Cloud Resources is less than $I0,000 per fiscal year. This report shall be provided to the Coordinating Committee annually by not later than January 1" 3.3 Liaison Designated. By this Agreement,each Party designates its director of library services or equivalent, as listed on each Party's signature page hereto attached, to act on behalf of the Party to ensure the performance of all duties and obligations of the designee's Party as herein stated, to serve as a liaison for the Party with and among the Parties, and,if necessary, to serve on the Coordinating Committee. 3.4 Participation Requirements. Each Library shall spend a minimum of$10,000 or 10%of its overall materials budget,whichever is less,on Cloud Resources during each fiscal year as set by that Party. Compliance with this section will not be required for any fiscal year during which a Party did not participate in this Agreement for the entire fiscal year. Compliance with this and other requirements will be determined by the Coordinating Committee on an annual basis, based on reports required by Article III. 3.5 Addition of Members. Any local government in the state of Texas which has contracted for the use of the Bibliotheca cloudLibrary cloudLink service and agrees to abide by the terms of this Agreement may join this Agreement as a Party upon approval by a majority of all of the members of the Coordinating Committee. If approval is given, the new participating entity shall join the Parties by adopting and executing this Agreement through an action of the Party's governing body. 3.6 Cost, Each Party will bear its own cost of performance under this Agreement. ARTICLE IV The Coordinating Committee 4.1 Coordinating_Committee. a. The Coordinating Committee membership shall be the designated liaisons from the following local governments: i. City of Lewisville ii. City of Burleson iii. City of Carrollton iv. City of Colleyville v. City of Coppell vi. City of Euless vii. Town of Flower Mound viii. City of McKinney ix. City of Sachse x. City of Southlake Page 3 ILA for Mutual Access to CloudLibrary Digital Resources xi, Town of Little Elm b. The Coordinating Committee shall have only the duties specifically outlined in this Agreement. The Coordinating Committee shall have the authority to adopt its own rules of procedure that are consistent with Article III, Section 3.2 and in compliance with terms of this Agreement. c. A simple majority of all members of the Coordinating Committee shall constitute a quorum to perform. A quorum of the Coordinating Committee must participate in any decision made by the Coordinating Committee under this Agreement. d. The Coordinating Committee shall meet at least once every six (6) months. Meetings shall be in person,by conference call,or by another live rernote meeting access service. e. A simple majority vote of all members of the Coordinating Committee shall select a member to receive any reports and send any notices required under this Agreement. This individual's name and contact information shall be provided to all Parties within thirty(30) days of the individual's selection. f, A simple majority vote of the Coordinating Committee members present shall select a member to draft minutes outlining the items discussed and decisions made by the Coordinating Committee at any given meeting. The minutes shall be sent to the Coordinating Committee for approval within thirty (30) days of the meeting, and must be approved by a majority of all members of the Coordinating Committee within thirty (30) days of its distribution. The minutes may be distributed and approval of the minutes provided to the drafter via e-mail. These minutes shall be distributed to all Parties within ten (10) days of theirapproval. g. The Parties understand and agree that the Coordinating Committee shall not be construed as a board or committee appointed by a governing body and shall not be required to comply with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. ARTICLE V Termination 5,1• This Agreement may be terminated as follows: a. Any Party may choose to terminate its participation in the Agreement with sixty (60) days' written notice to each of the members of the Coordinating Committee at the notice address provided in this Agreement. The termination of a Party's participation in this Agreement shall not affect the Page 4 ILA for Mutual Access to CloudL.ibrary Digital Resources continuation of this Agreement in fiill force and effect with respect to the remaining Parties. b. A Party's participation in the Agreement may be terminated for any reason, including failure to comply with the terms of this Agreement, by an affirmative vote of two-thirds(2/3)of all of the members of the Coordinating Committee to remove the Party. Upon termination under this section, the Coordinating Committee shall provide thirty(30)days' written notice to the Party which has been removed following the Conunittee's decision. The Coordinating Committee will contact Bibliotheca and notify them of the Party's removal. c. In the event that the Bibliotheca cloudLibrary cloudLink program is no longer available,this Agreement shall automatically tenninate. 5.2 Upon termination, each Party will retain its rights, title and interest to all Cloud Resources purchased by the Party during its time as a Party to this Agreement. ARTICLE'VI Liability and Immunity 6.1 Liability and Imtnjj ity. a. Handling of Claims. The Parties agree, to the extent authorized under the constitution and laws of the State of Texas and without waiving any immunity, right, protection, or defense therein, that each shall be individually responsible for any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by the intentional or negligent act or omission of its respective officials, agents, representatives, and employees in the performance of this Agreement,including but not limited to their acts of negligence or omission in the provision of public library services, including the cloud based services that are the subject to this Agreement. The Parties agree that each shall be liable only for damages, including attorneys' fees and costs,related to or arising out of the intentional or negligent act or omission of their respective officials, agents, representatives, and employees in the performance of this.Agreement. i b. Joint Liability. In the event of joint or concurrent negligence of the Parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity, right,protection, or defense available to any party individually under Texas law. The provisions of this section are solely for Page 5 ILA for Mutual Access to CloudLibrary Digital Resources I the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise,to any other person or entity. c. No Waiver of Immunity. It is expressly understood and agreed that in execution of this Agreement,no Party waives, nor shall be deemed to have waived, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE VII Miscellaneous 7.1 Assi anent. This Agreement may not be assigned by any Party hereto without the prior written unanimous consent of the other parties. No assignment, delegation of duties or subcontract under this Agreement shall be effective without the prior written unanimous consent of all Parties hereto. 7.2 Governing Law. The validity of this Agreement and any of its terms and provisions,as well as the rights and duties of the parties,shall be governed by the laws of the State of Texas; and venue for any action arising as a result of this Agreement shall be in the state court of Denton County, Texas, 7.3 Legal Construction. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid,illegal or unenforceable provisions had never been contained in this Agreement. 7.4 Amendment. This Agreement may be amended by a simple majority vote of all members of the Coordinating Committee. 7.5 Entire Agreement. This Agreement represents the entire Agreement among the Parties with respect to the subject matter covered by this Agreement. 7.6 No Relationship Created. The Parties agree and acknowledge that no Party is an agent of any other Party under this Agreement and that each Party is responsible for its own acts, forbearance, negligence, and deeds, and for those of its agents or employees. The purposes for which each Party has entered into this Agreement are separate and distinct. It is not the intent of any of the Parties that a joint enterprise relationship is being entered into and the Parties hereto I specifically disclaim such relationship. Page 6 ILA for Mutual Access to C1oudLibrary Digital Resources i I 7.7 Rights of Third Parties. Nothing contained in this Agreement shall be construed to create, and the Parties do not intend to create, any rights in or for the benefit of third parties. 7.8 Force Majeure. In the event that any party shall be prevented from performing any of its obligations under this Agreement by any act of God, war, right, civil commotion, strilces, fires, flood or by the occurrence of any other event beyond the control of such party, then such party shall be excused from the performance of the obligations in this Agreement but only during such periods of Force Majeure, 7.9 Current Revenues. All costs or expenses incurred by any Party as result of this Agreement shall be paid from the current revenues available to the Party. 7.10 Recitals. The recitals of this Agreement are incorporated herein. 7.11 Severability. The provisions of this Agreement are severable. If any paragraph, section,subdivision,sentence,clause;or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 7.12 Notice. All notices pertaining to this Agreement shall be in writing and shall be deemed delivered (i) when received at a Party's address if hand delivered or sent via ovemight delivery service by way of USPS,UPS,FedEx,or similar carrier,or(ii)on the third(3rd)business day after being deposited in the United States mail,postage prepaid, certified mail,return receipt requested, addressed to the Parties at the respective notice addresses set forth below or at other addresses as may have been previously specified by written notice delivered in accordance with this Agreement. [SIGNATURE PAGES ATTACHED] i I Page 7 ILA for Mutual Access to CloudLibrary Digital Resources APPROVED BY THE GOVERNING BODY OF PARTICIPATING ENTITY, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS this day of , 2022. EXECUTED BY: Peter Zanoni, City Manager ATTEST: Rebecca Huerta, City Secretary LIAISON: Laura Z. Garcia Director of Library Services NOTICE TO: Corpus Christi Public Libraries 805 Comanche Corpus Christi, Texas 78401 Attention: Laura Z. Garcia 361-826-7070 APPROVED AS TO FORM: CITY ATTORNEY Cloudlink Member Libraries Library City Library Name Allen Allen Public Library Beaumont Beaumont Public Library System Bedford Bedford Public Library Belton Lena Armstrong Public Library Benbrook Benbrook Public Library Bexar County BiblioTech Boerne Patrick Heath Public Library Angleton Brazoria County Library System Brownwood Brownwood Community Library Burleson Burleson Public Library Carrollton Carrollton Public Library Cedar Park Cedar Park Public Library Eastland Centennial Memorial Library Cleburne Cleburne Public Library Clyde Clyde Public Library Coleman Coleman Public Library Colleyville Colleyville Public Library Coppell Cozby Library and Community Commons Ozona Crockett County Public Library Cross Plains Cross Plains Public Library De Leon DeLeon City County Library Denton Denton Public Library EI Paso EI Paso County Library Euless Euless Public Library Flower Mound Flower Mound Public Library Hidalgo Hidalgo County Library System Hillsboro Hillsboro City Library Hurst Hurst Public Library Merkel MB Noelke Jr Memorial Library Keller Keller Public Library Killeen Killeen City Library System Junction Kimble County Library Lake Dallas Lake Dallas Library Laredo Laredo Public Library Lewisville Lewisville Public Library Little Elm Little Elm Public Library Llano Llano County Library Longview Longview Public Library Bulverde Mammen Family Public Library Mason Mason County M. Bevan Eckert Memorial Library McKinney McKinney Public Library System Mesquite Mesquite Public Library Midland Midland County Library System New Braunfels INew Braunfels Public Library North Richland Hills North Richland Hills Public Library Pharr Pharr Memorial Library Big Lake Reagan County Library Rockwall Rockwall County Library Sachse Sachse Public Library Schertz Schertz Public Library Seguin Seguin Public Library Southlake Southlake Public Library Aspermont Stonewall County Library Sweetwater Sweetwater County-City Library Temple Temple Public Library Sanderson Terrell Public Library Tyler Tyler Public Library Waco Waco-McLennan County Library Westbank lWestbank Community Library District 0'� E AGENDA MEMORANDUM CORPOR I City Council Meeting September 20, 2022 1852 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Elsy Borgstedte, Assistant Director of Aviation elsyb@cctexas.com (361) 826-3682 Resolution authorizing agreements with Global Spectrum, L.P. d/b/a OVG 360 and Ovation Food Services of Texas, LLC for the management of the American Bank Center for a period of five years Resolution authorizing two management agreements for the American Bank Center, one with Global Spectrum, L.P., dba OVG360, for management of the facility, with an estimated annual base management fee of$144,000 adjusted annually and the possibility to earn additional incentive fees, and one with Ovation Food Services of Texas, LLC for management of the food and beverage services at the facility with an estimated annual management fee of$240,000, each for an initial term of five years, beginning October 1, 2022, with an option to renew for an additional five years. SUMMARY: This resolution authorizes the execution of agreements with Global Spectrum, L.P. d/b/a OVG360 to provide management services for the American Bank Center and with Ovations Food Services of Texas, LLC for the management of food and beverage services at the facility, beginning October 1, 2022 with a five-year term and an option to renew for an additional five years. BACKGROUND AND FINDINGS: The American Bank Center (ABC) is a city-owned sports, entertainment, and convention center venue managed by a third-party professional operator. On June 1, 2022, the City and SMG, the prior operator, executed an amendment to the management agreement ending SMG's services on June 30, 2022. On July 1, 2022, the City entered into short-term agreements with Global Spectrum, L.P., dba OVG360 and Ovations Food Services of Texas, LLC (collectively, "OVG") for the management of the ABC and the food and beverage services effective July 1, 2022. Those agreements expire on September 30, 2022. OVG was selected based on its extensive experience operating and managing significant venues worldwide, in the United States, and major venues in Texas. Including several years of experience in the Coastal Bend Region while managing the Solomon P. Ortiz International Center and Richard M. Borchard Regional Fairgrounds. In addition, OVG is the only operating service venue management company in the United States that provides food and beverages to its clients in-house. On July 1, 2022, operations at ABC transitioned to OVG to provide full-service venue management, event programming, hospitality, catering, and beverage services. OVG 360, a division of the Oak View Group (OVG), is a full-service venue management and event programming company built on the foundation of truly putting the clients first. Founded in 2015 by Irving Azoff and Tim Leiweke with Madison Square Garden Entertainment, OVG 360 has one simple goal—to provide venues with customized services that produce results. In addition, OVG has award-winning culinarians and food services & hospitality teams that strive to deliver the best accommodations, highest-quality amenities, and premium food and beverages to guests across North America. The goal is to provide exciting and memorable experiences that lead visitors to return to the venue. OVG annually serves over 250,000 events and 40 million guests across different venues. The proposed long-term agreements will provide for OVG to manage the facility for the next five years, with the option to renew for an additional five-year term. The estimated base management fee for the facility is $144,000 annually, with additional incentives based on performance, which may be earned with increased revenue at that facility and the sale of commercial rights. The estimated fee for management of the food and beverage services is $240,000, which represents 7% of the gross revenue for food and beverage services. The agreements require the City to provide funding for operating costs of the facility and capital improvement projects to be managed by the City of Corpus Christi. ALTERNATIVES: An alternative would be for the City to conduct a Request for Proposals (RFP) to identify a management firm for the American Bank Center, but that will lead to an interruption in services at the Facility. FISCAL IMPACT: FUNDING DETAIL: MANAGEMENT: Fund: 4710 Organization/Activity:13600 Mission Element: 734 Account: 530000 FOOD AND BEVERAGE: Fund: 4710 Organization/Activity:13625 Mission Element: 734 Account: 530000 RECOMMENDATION: Staff recommends approval of the resolution to authorize the execution of the management agreements for the American Bank Center. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Venue Management Agreement with Global Spectrum, L.P., dba OVG360 Food and Beverage Agreement with Ovation Food Services of Texas, LLC Resolution authorizing two management agreements for the American Bank Center, one with Global Spectrum, L.P., dba OVG360, for management of the facility, with an estimated annual base management fee of$144,000 adjusted annually and the possibility to earn additional incentive fees, and one with Ovation Food Services of Texas, LLC for management of the food and beverage services at the facility with an estimated annual management fee of$240,000, each for an initial term of five years, beginning October 1, 2022, with an option to renew for an additional five years. WHEREAS, the City is securing two long-term agreements for the management of the American Bank Center one with Global Spectrum, L.P., dba OVG360, for management of the facility and one with Ovation Food Services of Texas, LLC for management of the food and beverage services at the facility; WHEREAS, State law provides that such procurements, as outlined above, are generally subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve of protect the public health and safety of the City's residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (4), to the extent that this purchase is a procurement of professional services. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure two management agreements for the American Bank Center, one with Global Spectrum, L.P., dba OVG360, for management of the facility, with an estimated annual base management fee of $144,000 adjusted annually and the possibility to earn additional incentive fees, and one with Ovation Food Services of Texas, LLC for management of the food and beverage services at the facility with an estimated annual management fee of $240,000, each for an initial term of five years, beginning October 1 , 2022, with an option to renew for an additional five years. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : 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 Page 2 of 2 Arner'i=Bw- ik 0.C E N T E R MANAGEMENT, HOSPITALITY, & PARTNERSHIPS SALES SERVICES SEPTEMBER 2022 ti; ll 360 u 1 i' Financial Terms TERM: 5 years;with the City's sole option to extend for an additional 5 years EFFECTIVE: October 1 , 2022 MANAGEMENT AGREEMENT FEE: $144,000 per year INCENTIVE FEE: 20%over the revenue benchmark } V COMMERCIAL RIGHTS FEE: 20 of gross sales FOOD AND BEVERAGE AGREEMENT FEE: 7 of gross sales CAPITAL INVESTMENT BY OVG: $1.75 Million over the course of the term for facility improvements and equipment. At Initial Term: $1,250,000 At Renewal Term: $ 500,000 ' Total Investment: $1,750,000 WE ARE A LEADING PROVIDER OF SERVICES TO FACILITIES LIKE THE AMERICAN BANK CENTER COMPLEX Operating in 420+ Client Facilities Across our Divisions ®VG OVG ®VG 360 Hospitality Unmatched Regional TEXAS TECH' • UNIVERSITY: KAY BAILEY HUTCHISON CONVENTION CENTER DALLAS • FAIR 0 PARK RELATIONSHIPS National, regional, and local II MI MI IIIpromoters/event planners • �. • • COMPREHENSIVERESOURCES • UNIVERSITY OF HOUSTON Best pa a • across �awgrounds�' all OVG divisions, AmerieanBank C E N T E R. generationfocus on revenue • � l C O N G R E S S M A N �l SOLOMON P. ORFIZ INTERNATIONAL CENTER C/ON E��/E � • /� T' Success Examples 2MIL :d t Moody Center,Austin,TX Kay Bailey Hutchinson Convention Center Dallas,Dallas,TX Welcomed nearly half a million fans for over 50 events, Gross sales increased from 1.8M in-year prior to Covid to including 29 sold-out shows representing $58 million in gross more than 3.8M over nearly ten months to date this fiscal year ticket sales since opening in April Worked hand-in-hand with the City of Dallas throughout a Hosted blockbuster artists including George Strait,Willie master planning process for a $2.2B expansion project, which Nelson,John Mayer, Bon Jovi,Justin Bieber,the Eagles, will replace the current facility with a state-of-the-art facility Andrea Bocelli,the Lumineers, Kendrick Lamar,Jimmy Buffett, Dave Matthews Band,and an upcoming sold-out residency of six nights with pop icon Harry Styles Over 64 thousand Instagram followers since opening 0 We are the largest Developer of Sports and Entertainment Facilities in the World ............................................................................................................................................................ COMMITTED SPEND ON NEW ARENA DEVELOPMENTS OVER THE NEXT 5 YEARS DEVELOPMENT & MASTER PLANNING EXPERIENCE KAY BAILEY HUTCHISON KAY BAILEY HUTCHINSON CONVENTION -DALLAS DALLAS FAIR PARK DALLAS,TX ■ MANAGEMENT AGREEMENT between The City of Corpus Christi,Texas, a Texas home-rule municipality and GLOBAL SPECTRUM, L.P. d/b/a OVG360 Dated: September , 2022 MANAGEMENT AGREEMENT This Management Agreement is made as of the day of September 2022, by and between The City of Corpus Christi, Texas, a Texas home-rule municipality ("Owner"), and Global Spectrum, L.P., a Delaware limited partnership d/b/a OVG360("OVG"). Owner and OVG are sometimes referred to herein as a "party" or the "parties". RECITALS WHEREAS, Owner owns a sports and entertainment complex consisting of a 2,500-seat auditorium,a 76,500-sq.foot convention center,and a 10,000-seat multi-purpose arena,currently known as the American Bank Center located at 1901 N. Shoreline Blvd., Corpus Christi, Texas (the "Facility"); WHEREAS, Owner desires to engage OVG to manage and operate the Facility on behalf and for the benefit of Owner, and OVG desires to accept such engagement, pursuant to the terms and conditions contained herein; and WHEREAS, Owner and OVG entered into a Management Agreement, dated June 14, 2022,for the short term provision of management services at the Facility(the"Short Term Agreement"),and beginning on the Effective Date, this Agreement shall supersede and replace the Short Term Agreement in respect of OVG's provision of management services as set forth herein. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 DEFINITIONS Section 1.1. Definitions. For purposes of this Agreement, the following terms have the meanings referred to in this Section: Affiliate: A person or company that directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person or company. An entity is not an Affiliate solely by virtue of the fact that Owner's City Council appoints members to the entity's board nor is an entity an Affiliate if it works as an independent contractor of the Owner. Agreement: This Management Agreement, together with all schedules and exhibits attached hereto, each of which are incorporated herein as an integral part of this Agreement. Buyout Amount: shall have the meaning given to such term in Section 11.4 of this Agreement. Capital Improvements: Permanent improvements to the Facility, including any construction as defined by Texas Labor Code §406.096 and replacement of permanent structures and their components. Capital Improvements include any work that requires the use of an architect or an engineer in accordance with the Texas Occupations Code and any work with an aggregate cost in excess of$50,000.This definition includes the remodel, replacement,or alteration of permanent improvements at the Facility, but does not include Maintenance and Repair. Commercial Rights: Naming rights,sub-naming rights,entitlement rights, pouring rights, branding rights, advertising, sponsorships, premium seating (including luxury suites, club seats, loge boxes and party suites, as applicable) and similar commercial rights at or with respect to the Facility. Commercial Rights Fee: shall have the meaning given to such term in Section 3.3 of this Agreement. CPI: "Consumer Price Index" for the South region CPI-U, all items index, not seasonally adjusted as published by the United States Department of Labor, Bureau of Labor Statistics or such other successor or similar index. Effective Date: shall have the meaning given to such term in Section 4.1 of this Agreement. Emergency Repair: The repair of a condition which, if not performed immediately, creates an imminent danger to persons or property and/or an unsafe condition at the Facility threatening persons or property. Event Account: A separate interest-bearing account in the name of Owner and under Owner's Federal ID number in a local qualified public depository,to be designated by Owner, where advance ticket sale revenue and rental deposits are deposited by OVG. Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion, epidemic, inability to obtain materials or supplies, accident to machinery or equipment, pandemic or epidemic, any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic or energy controls, war or hostilities, a labor dispute which results in a strike or work stoppage affecting the Facility or services described in this Agreement, or any other cause or occurrence outside the reasonable control of the party claiming an inability to perform and which by the exercise of due diligence could not be reasonably prevented or overcome. Existing Contracts: Service Contracts, Revenue Generating Contracts, and other agreements relating to the day-to-day operation of the Facility existing as of the Effective Date, as set forth on Exhibit B attached hereto. Facility: shall have the meaning given to such term in the Recitals to this Agreement, and shall be deemed to include the entire American Bank Center complex, including but not limited to the (i) Arena, the Bayfront Convention Center, and the Selena Auditorium, including premium seating areas, meeting and conference rooms, locker rooms, box office, common areas, lobby areas,executive and other offices, storage and utility facilities, and (ii) the entrances, grounds, sidewalks and parking areas of the Arena as specifically identified on Schedule 1 hereto. FF&E: Furniture, fixtures and equipment to be procured for use at the Facility. Page 2 of 41 General Manager: The employee of OVG acting as the full-time on-site general manager of the Facility. Improvements and Equipment: shall have the meaning given to such term in Section 11.4 of this Agreement. Incentive Fee: shall have the meaning given to such term in Section 3.2 of this Agreement. Initial Investment: shall have the meaning given to such term in Section 11.4 of this Agreement. Investment: shall have the meaning given to such term in Section 11.4 of this Agreement. Laws: federal, state, local and municipal laws, statutes, rules, regulations and ordinances applicable to the Facility or either party. Maintenance and Repair: Scheduled, periodic, or day-to-day work that is necessary to sustain or support safe, efficient, continuous operation of the Facility or to prevent the decline, failure, lapse, or deterioration of the Facility, equipment, machinery, or landscaping. Maintenance and Repair includes replacement of equipment, machinery, or components that are equal in grade, quality, and capacity without the addition of newer, upgraded equipment, machinery, or components with an aggregate cost of less than$50,000, except that for any Maintenance or Repair work that has an aggregate cost in excess of$5,000, if funding is not available in the current Operating Budget, OVG may seek funding from Owner and will not be obligated to complete such work unless and until such funding is made available to OVG, and any failure of OVG to perform as a result of thereof shall not be deemed a default hereunder. For avoidance of doubt, Maintenance and Repair does not constitute any Upgrades or Capital Improvements, to the Facility. Management-Level Employees: The General Manager, Assistant General Manager, Business Manager (or employees with different titles performing similar functions), and any department head employed by OVG to perform services at the Facility (including, if applicable, employees performing the function of the Director of Operations, Director of Sales and Marketing, Director of Security, Finance Director, Event OVG and Director of Food and Beverage). Monthly Management Fee:The fixed monthly fee Owner shall pay to OVG under this Agreement, as more fully described in Section 3.1 of this Agreement. Operating Account: A separate interest-bearing account in the name of Owner and under Owner's Federal ID number in a local qualified public depository, to be designated by Owner, where Revenue is deposited and from which Operating Expenses are paid. Operating Budget: A line-item budget for the Facility that includes a projection of Revenues and Operating Expenses, presented on a monthly and annual basis. Page 3 of 41 Operating Expenses: All expenses incurred by OVG in connection with its operation, management, staffing, promotion, and maintenance of the Facility, including but not limited to the following: (i) employee payroll, benefits, relocation costs, severance costs, bonus and related costs, (ii) cost of operating supplies, (iii)advertising, marketing,group sales, and public relations costs, (iv)cleaning expenses, (v) data processing costs, (vi) dues, subscriptions and membership costs, (vii) printing and stationary costs, (viii) postage and freight costs, (ix)equipment rental costs, (x) repairs, maintenance, and equipment servicing, (xi) security expenses, (xii) telephone and communication charges, (xiii) cost of employee uniforms and identification, (xiv) travel and entertainment expenses of OVG employees, (xv) exterminator, snow and trash removal costs (xvi) computer, software, hardware and training costs, (xvii) parking expenses, (xviii) utility expenses, (xix) office expenses, (xx) audit and accounting fees, (xxi) legal fees and costs as set forth in Section 14.5, (xxii) all bond and insurance costs (including but not limited to personal property, liability, and worker's compensation insurance, as well as the other insurance coverages required hereunder) that are required specifically for this Agreement, including the amount of any deductible or self-insured retention under insurance policies, (xxiii) commissions and all other fees payable to third parties (e.g. commissions relating to food, beverage and merchandise concessions services and Commercial Rights sales, including the Commercial Rights Fee), (xxiv)cost of complying with any Laws, (xxv) costs incurred under Service Contracts and other agreements relating to Facility operations, (xxvi) applicable Taxes, and (xxvii)the Monthly Management Fee. The term"Operating Expenses"does not include debt service on the Facility,Capital Expenditures, the Incentive Fee, property taxes, property insurance on the Facility itself, or the contents within the Facility owned by Owner, all of which costs shall be borne by Owner and, if incurred by OVG, shall be promptly reimbursed to OVG by Owner. Operating Year: Each 12-month period during the Term commencing on October 1 and concluding on the following September 30. OVG: shall have the meaning given to such term in the Recitals to this Agreement. Owner: shall have the meaning given to such term in the Recitals to this Agreement. Renewal Investment: shall have the meaning given to such term in Section 11.4 of this Agreement. Revenue: All revenues generated by OVG's operation of the Facility, including but not limited to event ticket proceeds income, rental and license fee income, merchandise income, gross food and beverage income, gross income from any sale of Commercial Rights, gross service income, equipment rental fees, box office income, and miscellaneous operating income, but shall not include event ticket proceeds held by OVG in trust for a third party promoter/licensee and paid to such third party. Revenue Generating Contracts:Vendor,concessions and merchandising agreements, user/rental agreements, booking commitments, licenses, and all other contracts or agreements generating revenue for the Facility and entered into in the ordinary course of operating the Facility. Page 4 of 41 Short Term Agreement: shall have the meaning given to such term in the recitals of this Agreement. Service Contracts: Agreements for services to be provided in connection with the operation of the Facility, including without limitation agreements for ticketing, web development and maintenance, computer support services, FF&E purchasing services, engineering services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance, telephone, staffing personnel including guards, ushers and ticket-takers, extermination, elevators, stage equipment, fire control panel and other safety equipment, snow removal and other services which are deemed by OVG to be either necessary or useful in operating the Facility. Taxes: Any and all applicable governmental assessments, franchise fees, excises, license and permit fees, levies, charges and taxes, of every kind and nature whatsoever, which at anytime during the Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i) activities conducted on behalf of Owner at the Facility, including without limitation the sale of concessions, the sale of tickets, and the performance of events (such as any applicable sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments received from any holders of a leasehold interest or license in or to the Facility, from any guests, or from any others using or occupying all or any part of the Facility. Term:shall have the meaning given to such term in Section 4.1 of this Agreement. Trailing Commercial Rights Commission: shall have the meaning given to such term in Section 3.3 of this Agreement. Upgrades: New, updated equipment and replacement of any non-permanent improvements to the Facility, including flooring, painting, and landscaping with an aggregate cost in excess of$5,000. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Engagement. Owner hereby engages OVG during the Term to act as the sole and exclusive manager and operator of the Facility, subject to and as more fully described in this Agreement, and, in connection therewith, to perform the services described in Exhibits A and A-1 attached hereto. OVG hereby accepts such engagement, subject to the terms herein. Section 2.2 Commercial Rights Sales. In addition to OVG's other rights and duties hereunder, OVG shall act as the sole and exclusive representative for marketing of the Commercial Rights. OVG will keep Owner apprised of its sales prospects and the status of any potential sales of Commercial Rights. Additionally, OVG shall deliver to Owner monthly reports detailing OVG's sales hereunder of Commercial Rights. Owner hereby acknowledges and agrees that OVG is not guaranteeing any level of purchase of, or the receipt of payment for, any Commercial Rights marketed by OVG pursuant to this Agreement. Page 5 of 41 Section 2.2 Limitations on OVG's Duties. OVG's obligations under this Agreement are contingent upon and subject to Owner making available, in a timely fashion, the funds budgeted for and/or reasonably required by OVG to carry out such obligations during the Term. OVG shall not be considered to be in breach or default of this Agreement, and shall have no liability to Owner or any other party, in the event OVG does not perform any of its obligations hereunder due to failure by Owner to timely provide such funds. Section 2.3 Performance Measures. In performing its obligations hereunder, OVG agrees to be evaluated based on the performance measures 1 through 5 listed in Exhibit A-2 (the "Performance Measures"). OVG agrees that, during each Operating Year, it will use its commercially reasonable efforts, subject in all instances to Owner's continued performance hereunder (including, without limitation, funding a mutually agreed Operating Budget, each Operating Year) to meet the Performance Measures as mutually agreed by Owner and OVG during the budget process each Operating Year. For purposes of Performance Measures 1, 2, 3 and 5, OVG will be considered to have met that goal if it achieves at least 80% of the stated number or dollar amount. If OVG fails to meet at least three of the five Performance Measures in any Operating Year, and such failure is not due in whole, or in part, to Force Majeure or any other cause reasonably outside of OVG's control,the Owner may provide written notice to OVG outlining with reasonable detail and substantiation any missed Performance Measures within 90 days of the end of such Operating Year(a"Notice of Underperformance")with such notice to include an outline of how OVG may improve its performance under such Performance Measures during the following Operating Year. If, during such following Operating Year OVG again fails to meet at least three of the five Performance Measures,the City may terminate this Agreement in accordance with and subject to Section 4.2(d) below. ARTICLE 3 COMPENSATION Section 3.1 Monthly Management Fee. As consideration for the performance by OVG of its duties hereunder,Owner shall pay OVG a fee each month during the Term equal to$12,000(the"Monthly Management Fee"). The Monthly Management Fee, shall be payable to OVG in advance, beginning on the Effective Date, and payable on the first day of each month thereafter (prorated as necessary for any partial months), and shall be remitted by check or electronic payment as directed by OVG. Beginning in the second Operating Year, the Monthly Management Fee shall be increased over the Monthly Management Fee from the previous Operating Year in accordance with the percentage increase in the CPI over the previous Operating Year up to 3% annually (i.e., the difference, expressed as a percentage, between the value of the CPI published most recently prior to the commencement of the preceding Operating Year and the value of the CPI published most recently prior to the commencement of the Operating Year for which the CPI adjustment will apply). Section 3.2 Incentive Fee. In addition to the other fees described herein, OVG shall be entitled to receive an Incentive Fee each full or partial Operating Year of the Term equal to 20% of improvement in Revenue in any Operating Year over the Incentive Fee Benchmark (the "Incentive Fee"), excluding only Revenue derived exclusively from the sale of Commercial Rights, which shall be handled in accordance with Section 3.3. The"Incentive Fee Benchmark" shall equal $4,000,000 which is the agreed benchmark based on the average Revenue from fiscal years 2017, 2018, and 2019, adjusted for inflation based on the CPI.The parties agree that for purposes of calculating the Incentive Fee Benchmark and the Page 6 of 41 Incentive Fee each Operating Year, the Commercial Rights Fee shall be excluded. The Incentive Fee Benchmark, once established, will remain unchanged throughout the Initial Term, except that it shall be pro-rated for any Operating Year(s) of less than a full 12 months based on the actual number of days elapsed in such Operating Year(s) out of 365. Prior to the Renewal Term (if applicable) the Incentive Fee Benchmark shall be renegotiated by OVG and Owner in good faith based on the Revenue averages for the Initial Term, with such renegotiated Incentive Fee Benchmark to remain in effect for the full Renewal Term. Owner shall pay OVG the Incentive Fee no later than 90 days following the receipt of OVG's annual audit. Section 3.3 Commercial Rights Fee. In consideration for OVG's marketing of the Commercial Rights as described in Section 2.2, OVG shall receive 20% of all Revenue (including cash and budget- relieving trade, with such trade valued at its retail price in an arms-length transaction) from the sale of Commercial Rights (the "Commercial Rights Fee"). The Commercial Rights Fee shall be paid to OVG for all years of each Commercial Rights agreement secured by OVG, including any years that extend beyond the end of the Term of this Agreement. The Commercial Rights Fee due to OVG following the conclusion of the Term is referred to herein as the "Trailing Commercial Rights Commissions". The Commercial Rights Fee shall be paid to OVG on a bi-annual basis, on or about the last day of June and December each calendar year, and OVG shall be entitled to pay itself such amount from the Operating Account upon providing documentation of such Commercial Rights Fee to Owner.The parties shall also hold a settlement at the conclusion of the Term,at which time Owner shall pay to OVG any portion of the Commercial Rights Fee due to OVG but not yet paid to OVG as of such date (other than Trailing Commercial Rights Commissions). Following the conclusion of the Term, Trailing Commercial Rights Commissions shall be paid to OVG within 30 days of receipt by Owner of the corresponding Revenue arising from any Commercial Rights agreements which were secured by OVG. In connection with the Commercial Rights Fee and Trailing Commercial Rights Commissions, Owner agrees (i) to maintain books and records in accordance with generally accepted accounting practices, and (ii)to permit OVG to audit and inspect such books and records during normal business hours and on reasonable advance notice, to confirm amounts due hereunder, including,following the conclusion of the Term (as it relates to Trailing Commercial Rights Commissions). To the extent any such audit reveals an underpayment Owner shall promptly pay OVG the amount of the underpayment, and if such underpayment to OVG is greater than two percent (2%) of amounts owed to OVG, Owner shall reimburse OVG for the reasonable costs of such audit. The terms in this Section 3.3 shall survive termination or expiration of this Agreement. Section 3.5 Late Payments. Owner will ensure that all payments required under this Agreement are made in accordance with the Texas Prompt Payment Act. Late payments will accrue interest in accordance with the Texas Prompt Payment Act. ARTICLE 4 TERM;TERMINATION Section 4.1 Term; Renewal. The term of this Agreement shall begin effective October 1, 2022 ("Effective Date") and conclude on September 30, 2027 (the "Initial Term"). This Agreement will renew automatically for an additional 5-year period beginning October 1, 2027 and ending September 30, 2032 (the "Renewal Term"), unless Owner provides written notice of non-renewal to OVG on or before March Page 7 of 41 1, 2027. The Initial Term, together with the Renewal Term (as applicable) shall be referred to herein as the "Term." Section 4.2 Termination. This Agreement may be terminated: (a) by either party upon 30 days written notice, if the other party fails to perform or comply with any of the material terms, covenants, agreements or conditions hereof, and such failure is not cured during such 30 day notification period, provided, however, if such failure cannot reasonably be cured within such 30 day period,then a longer period of time shall be afforded to cure such breach, up to a total of 90 days, provided that the party in default is diligently seeking a cure and the non-defaulting party is not irreparably harmed by the extension of the cure period; (b) by either party immediately by written notice upon the other party beingjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within 120 days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency Laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within 120 days after such filing; (c) by Owner upon 30 days written notice and subject to payment of the Buyout Amount priorto the effective date of termination if during any Operating Year,Ownerfailsto allocate appropriate funds sufficient to fund the full Operating Budget for the following Operating Year; provided if such funds are subsequently allocated within 60 days following such termination, then such termination right shall be voided, and the Agreement shall remain in full force and effect; (d) by Owner upon 120 days written notice, and subject to payment of the Buyout Amount prior to the effective date of termination if OVG fails to meet the requisite Performance Measures during at least 2 consecutive Operating Years, as set forth in Section 2.3; provided that Owner must exercise such right within 6 months of the conclusion of the second Operating Year or shall be deemed to have waived such right; or (e) as otherwise specifically provided for herein. Section 4.3 Effect of Termination. Upon expiration or termination of this Agreement,for any reason, the following shall apply: (a) OVG shall promptly discontinue the performance of all services hereunder, and make available to Owner all data, electronic files, documents, procedures, reports, estimates, summaries, and other such information and materials with respect to the Facility as may have been accumulated by OVG in performing its obligations hereunder, provided that (i) OVG shall own and may retain all employment files/records relating to employees of OVG during the Term, and (ii)OVG may retain copies of all materials pertinent to its operation of the Facility during the Term, such as materials documenting its performance and those relating to claims or potential claims that have been or may be asserted related to OVG's operation of the Facility, including contracts and event incident reports. Page 8 of 41 (b) Owner shall promptly pay OVG (i) all fees due OVG up to the date of termination or expiration, including the Monthly Management Fee through the last month in which OVG provides services and a pro-rated portion of the Incentive Fee for the last Operating Year if not a full 12-months, and (ii) all Operating Expenses incurred by OVG through the end of the Term that have not previously been paid by Owner or reimbursed to OVG, including the cost of accrued but unused vacation time to the extent due under OVG's policies to any employees whose employment is ceasing with OVG as a result of expiration or termination of this Agreement. (c) Owner shall reimburse OVG for any actual ordinary and necessary expenses incurred by OVG in withdrawing from the provision of services hereunder following such termination. Such ordinary and necessary expenses shall include (i) to the extent any Management-Level Employee's employment with OVG will cease as a result of the termination or expiration of this Agreement, Owner shall reimburse OVG for any severance paid to such employees, not to exceed 4 months per employee, and (ii) other reasonable costs actually incurred by OVG in withdrawing from the provision of services hereunder, such as those incurred in connection with the termination and/or assignment of Service Contracts, Revenue Generating Contracts, or other contracts or leases entered into by OVG pursuant to this Agreement. Owner's payment of such expenses will occur only after OVG has provided reasonable evidence of the incurrence of such expenses. (d) without any further action on part of OVG or Owner, Owner shall, or shall cause the successor Facility manager to, assume all obligations arising after the date of such termination or expiration, under any Service Contracts, Revenue Generating Contracts, booking commitments and any other Facility agreements entered into by OVG in furtherance of its duties hereunder. (e) Owner shall pay to OVG, unconditionally and without set-off, the Buyout Amount as further described in Section 11.4. (f) Any obligations of the parties that are specifically intended to survive expiration or termination of this Agreement shall survive expiration or termination hereof. ARTICLE 5 OWNERSHIP; USE OF THE FACILITY Section 5.1 Ownership of Facility, Data, Equipment and Materials. Owner will at all times retain ownership of the Facility and all Facility FF&E. Any data, equipment, supplies and materials furnished by Owner to OVG or acquired by OVG as an Operating Expense shall remain the property of Owner,and shall be returned to Owner when no longer needed by OVG to perform under this Agreement. Notwithstanding the above, Owner recognizes that OVG intends to license certain third-party software for use with respect to OVG's obligations at the Facility, the costs of which are paid on a monthly basis, and upon expiration or termination of the Term such software licenses shall remain with OVG. Section 5.2 Right of Use by OVG. Owner hereby gives OVG the right and license to use the Facility, and OVG accepts such right of use, for the purpose of performing the services herein specified, Page 9 of 41 including the operation and maintenance of all physical and mechanical facilities necessary for, and related to, the operation, maintenance and management of the Facility. Owner shall provide OVG, at no cost to OVG, a sufficient amount of suitable office space in the Facility and with such office equipment as is reasonably necessary to enable OVG to perform its obligations under this Agreement. In addition, Owner shall make available to OVG, at no cost, parking spaces adjacent to the Facility for all of OVG's full- time employees and for the Facility's event staff. Section 5.3 Observance of Agreements. Owner agrees to pay, keep, observe and perform all payments, terms, covenants, conditions and obligations under any leases, use agreements, bonds, debentures, loans and other financing and security agreements to which Owner is bound in connection with its ownership of the Facility. Section 5.4 Use by Owner. Owner shall have the right to use the Facility or any part thereof rent-free for meetings, seminars, training classes or other non-commercial uses, provided that Owner shall promptly reimburse OVG, for deposit into the Operating Account, for any out-of-pocket expenses incurred by OVG (such as the cost of ushers, ticket-takers, set-up and take-down personnel, security expenses and other expenses) in connection with such use. Such non-commercial use of the Facility by Owner shall (i) not compete with or conflict with the dates previously booked by OVG for paying events, (ii) not consist of normally touring attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable notice to OVG pursuant to the Facility's approved booking policies and subject to availability. Upon request of Owner, OVG shall provide to Owner a list of available dates for Owner's use of the Facility. To the extent that OVG has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by Owner,OVG may propose alternative dates for Owner's event, and Owner shall use best efforts to reschedule its event to allow OVG to book the revenue-producing event. In addition to this right to use the Facility by Owner, OVG will make a suite in the Arena available at no charge for the Owner's exclusive use throughout the term of this Agreement. Section 5.5 Use of Facility at Direction of Owner. At the direction of the Owner, upon reasonable advance notice and subject to availability, OVG shall provide use of the Facility or any part thereof to civic, special interest groups and nonprofit organizations located in Corpus Christi area at reduced rates, subject to the calendar of events already established at the Facility and provided such reduced rates are negotiated in good faith. ARTICLE 6 PERSONNEL Section 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by OVG, and shall be employees, agents or independent contractors of OVG (or an Affiliate thereof), and not of Owner. OVG shall select, in its sole discretion the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment (including without limitation termination thereof) relating to such employees. OVG agrees to use reasonable and prudent judgment in the selection and supervision of such personnel. Owner specifically agrees that OVG shall be entitled to pay its employees, as an Operating Expense, bonuses and benefits in accordance with OVG's then current employee policies,which may be modified by OVG from time to time Page 10 of 41 in its sole discretion. A copy of OVG's current employee policies related to bonus and benefits shall be provided to Owner upon request. Section 6.2 General Manager. Personnel engaged by Manager will include a qualified individual to serve as a full-time on-site General Manager of the Facility. Hiring of the General Manager shall require the prior approval of Owner, which approval shall not be unreasonably withheld or delayed; provided, however, in the event of a vacancy in the General Manager position, OVG may temporarily fill such position with an interim General Manager for up to 90 days without the necessity of obtaining Owner's approval. The General Manager will have general supervisory responsibility for OVG and will be responsible for day-to-day operations of the Facility, supervision of employees, and management and coordination of all activities associated with events taking place at the Facility. Section 6.3 Non-Solicitation/Non-Hiring. During the Term and fora period of 1 year after the end of the Term, neither Owner nor any of its Affiliates shall solicit for employment, or hire, any of OVG's Management-Level Employees. Notwithstanding the foregoing, the Parties acknowledge and agree that this Agreement will not prohibit non-targeted solicitations through advertising or other publications of general circulation and employment resulting thereof. Section 6.4 Use of P-Cards. Upon request of OVG, Owner may make its purchasing credit cards (P-Cards) available to OVG Management-Level Employees or other Personnel. In authorizing its Management-Level Employees and Personnel to use such P-Cards, OVG will require such persons to comply with the Owner's P-Card policies and execute such P-Card user agreements as may be reasonably required by Owner. ARTICLE 7 OPERATING BUDGET Section 7.1 Establishment of Operating Budget. Attached hereto as Exhibit C is the Operating Budget for the first Operating Year, which Operating Budget is hereby approved by both OVG and Owner. OVG agrees that it will work with the Owner in setting the Operating Budget each year and, at least 120 days prior to the commencement of each subsequent Operating Year in respect of such year, that it will prepare and submit to Owner its proposed Operating Budget for such Operating Year, except that,so long as OVG is in communication with the Owner regarding its Operating Budget, it will not be in default under this Agreement if it does not provide a full and complete proposed Operating Budget by the deadline. Each annual Operating Budget shall include OVG's good faith projection of Revenues and Operating Expenses, presented on a monthly and annual basis, for the upcoming Operating Year. Owner agrees to provide OVG with all information in its possession necessary to enable OVG to prepare each Operating Budget. Section 7.2 Approval of Operating Budget. Each annual Operating Budget shall be subject to the review and approval of Owner's City Council and/or the Corpus Christi Business and Job Development Board (the "Type A Board") in its sole discretion. In order for Owner to fully evaluate and analyze such budgets or any other request by OVG relating to income and expenses, OVG agrees to provide to Owner such reasonable financial information relating to the Facility as may be requested by Owner from time to Page 11 of 41 time. If events occur during any Operating Year that could not reasonably be contemplated at the time the corresponding Operating Budget was prepared, OVG may submit an amendment to such budget for review and approval by Owner's City Council and/or the Type A Board. Owner agrees to present the requested items to the City Council and Type A Board, but cannot guarantee approval of the funding by either governing body. If Owner's City Council or Type A Board fails to approve any annual Operating Budget (or any proposed amendment thereto), then, to the extent such governing body provided reasoning for the action, Owner shall promptly provide OVG the specific reasons therefor and its suggested modifications to OVG's proposed Operating Budget or amendment in order to make it acceptable. OVG will not be responsible for any failure to perform to the extent such failure is directly related to a failure of the Owner's City Council or Type A Board to approve a requested amendment to the Operating Budget. Section 7.3 Adherence to Operating Budget. OVG shall use all reasonable efforts to manage and operate the Facility in accordance with the Operating Budget. However, Owner acknowledges that notwithstanding OVG's experience and expertise in relation to the operation of facilities similar to the Facility, the projections contained in the Operating Budget are subject to and may be affected by changes in financial, economic and other conditions and circumstances beyond OVG's control, and that OVG shall have no liability if the numbers within the Operating Budget are not achieved. Any variances that require appropriation of additional funds require a budget amendment, which could require approval of both the Owner's City Council and the Type A Board; provided Owner will promptly present such requested appropriations to the City Council and/or the Type A Board, and ensure that to the extent modifications are needed, it shall attempt to identify available funding to accommodate such modifications. OVG will not be responsible for any failure to perform to the extent such failure is directly related to a failure of the Owner's City Council or Type A Board to approve a requested amendment to the Operating Budget. ARTICLE 8 PROCEDURE FOR HANDLING INCOME Section 8.1 Event Account. OVG shall deposit as soon as practicable following receipt, in the Event Account, all revenue received from ticket sales and advance deposits which OVG receives in contemplation of,or arising from,an event. Such monies will be held in escrow for the protection of ticket purchasers, Owner and OVG,to provide a source of funds as required for payments to performers and for payments of direct incidental expenses in connection with the presentation of events that must be paid prior to or contemporaneously with such events. Promptly following completion and settlement of such events, OVG shall transfer all funds remaining in the Event Account, including any interest accrued thereon, into the Operating Account. Section 8.2 Operating Account. Except as provided in Section 8.1, all Revenue derived from operation of the Facility shall be deposited by OVG into the Operating Account(s) as soon as practicable upon receipt (but not less often than once each business day). The specific procedures (and authorized individuals) for making deposits to and withdrawals from such account shall be agreed between the parties in writing but the parties specifically agree that OVG shall have authority to sign checks and make Page 12 of 41 withdrawals from such account, subject to the limitations of this Agreement, without needing to obtain the co-signature of an Owner employee or representative. ARTICLE 9 FUNDING Section 9.1 Source of Funding. OVG shall pay all items of expense for the operation, maintenance,supervision and management of the Facility from the funds in the Operating Account,which OVG may access periodically for this purpose. The Operating Account shall be funded with amounts generated by operation of the Facility (as described in Article 8 above), or otherwise made available by Owner. To ensure sufficient funds are available in the Operating Account, Owner will deposit in the Operating Account, on or before the Effective Date, the budgeted expenses for the 3-month period beginning on the Effective Date. Owner shall thereafter, on or before the V day of each succeeding month following the Effective Date, deposit (or allow to remain) in the Operating Account the budgeted or otherwise approved expenses for each such month, at all times maintaining sufficient funds in the Operating Account to pay the anticipated expenses for the then-upcoming month plus the immediately following 2 months. OVG shall have no liability to Owner or any third party in the event OVG is unable to perform its obligations hereunder, or under any third-party contract entered into pursuant to the terms hereof, due to the fact that sufficient funds are not made available to OVG to pay such expenses in a timely manner. OVG understands that some funds made available to it are strictly limited by law to certain uses. OVG agrees that any funds identified for use in the Arena, particularly any Type A funds provided to OVG for the Arena, may only be used in the Arena. Similarly, OVG understands that any funds identified for use at the Convention Center or Auditorium, particularly hotel occupancy tax funds provided to OVG for the Convention Center, may only be used at the Convention Center or Auditorium. Section 9.2 Advancement of Funds. Under no circumstances shall OVG be required to pay for or advance any of its own funds to pay for any Operating Expenses. In the event that, notwithstanding the foregoing, OVG agrees to advance its own funds to pay Operating Expenses and such advance of funds is approved by the Owner in writing, Owner shall within 10 days of request from OVG showing actual expenditures made, reimburse OVG for the full amount of such advanced funds. ARTICLE 10 FISCAL RESPONSIBILITY; REPORTING Section 10.1 Records. OVG shall keep and maintain complete and accurate records of Facility operations. OVG will retain said records for not less than 5 years following the last day of each Operating Year during which the record was generated, unless the Owner reasonably requests longer retention, in which event OVG shall make best efforts to comply. Owner shall be entitled, at its sole cost and expense, to receive copies of, inspect, and audit the records during the Term of this Agreement and for 5 years thereafter, at OVG's office during reasonable times upon not less than 24-hours' notice. Alternatively, at or after the termination of this Agreement,OVG may convey to Owner copies of all of the financial records relating to the Facility in which case it shall no longer be required to retain such records. Page 13 of 41 Section 10.2 Monthly Financial Reports. OVG agrees to provide to Owner,within 30 days after the end of each month during the Term,financial reports for the Facility including a balance sheet, aging report on accounts receivable, and statement of revenues and expenditures (budget to actual) for such month and year to date in accordance with generally accepted accounting principles. Additionally, OVG shall submit to Owner,or shall cause the applicable public depository utilized by OVG to submit to Owner, on a monthly basis, copies of all bank statements concerning the Event Account and the Operating Account. Section 10.3 Audit. OVG agrees to arrange to provide to Owner,within 90 days following the end of each Operating Year, a certified audit report on the accounts and records as kept by OVG for the Facility. Costs associated with obtaining such certified audit report shall be an Operating Expense of the Facility. Such audit shall be performed by an external auditor approved by Owner, and shall be conducted in accordance with generally accepted accounting principles. In addition to the foregoing, OVG shall cooperate with Owner in the preparation of the portion of the Owner's annual audit related to the Facility and provide access to any and all financial records necessary to finalize that audit. ARTICLE 11 CAPITAL IMPROVEMENTS; OVG INVESTMENT Section 11.1 Schedule of Capital Improvements and Upgrades. In accordance with Exhibit A- 1, OVG shall provide to Owner a schedule of proposed Capital Improvements and Upgrades to be made at the Facility by February 1 of each year,for the purpose of allowing Owner to consider such projects and to prepare and update a long-range Capital Improvement budget. Section 11.2 Responsibility for Capital Improvements. Owner shall be solely responsible for all Capital Improvements at the Facility; provided, however, Owner shall be under no obligation to make any Capital Improvements proposed by OVG and provided further that OVG shall have no liability for any claims, costs or damages arising out of a failure by Owner to make any Capital Improvements. OVG may not make any Capital Improvements without specific authorization from the Owner. Notwithstanding the foregoing, OVG shall have the right (but not the obligation), upon approval of the Owner, to make Emergency Repairs at the Facility, for which Owner shall reimburse OVG for the cost of such Emergency Repairs, within 15 days' after written notice that such Emergency Repairs were completed (including reasonable proof). Section 11.3 Responsibilityfor Upgrades and Maintenance and Repair.OVG will be responsible for all Upgrades and Maintenance and Repair work, which must be accomplished in accordance with Exhibit A-1. Section 11.4 OVG Investment. During the Initial Term, OVG will make a capital contribution of up to US $650,000 (the "Initial Investment") in connection with various improvements and investments at the Facility as mutually agreed by the parties, including without limitation, for equipment and other related tangible personal property (collectively, the "Improvements and Equipment"). OVG will use commercially reasonable efforts to provide a recommendation of Improvements and Equipment within 90 days following the Effective Date. If this Agreement is extended for the Renewal Term,OVG will, during Page 14 of 41 the Renewal Term, invest an additional total of up to US$250,000(the"Renewal Investment" and,as and if applicable,together with the Initial Investment the"Investment") in connection with various additional Improvements and Equipment at the Facility, as mutually agreed by the parties. The Initial Investment shall be amortized on a straight-line, monthly basis over 120-month period commencing on the Effective Date. The Renewal Investment (if applicable) shall be amortized on a straight-line, monthly basis over a 60-month period beginning on the first date of the Renewal Term. All Improvements and Equipment, including any replacements or substitutions thereof, shall be owned by OVG until payment of the Buyout Amount (as described below), and Owner agrees to execute such documents as OVG shall reasonably request evidencing OVG's ownership interest in such Improvements and Equipment, including financing statements. For the sake of clarity, nothing in this paragraph shall be construed as requiring OVG to replace any equipment or other personal property at its own cost. Section 11.5 Buyout Amount. Within 30 days of the expiration of early termination of this Agreement (for any reason whatsoever, including without limitation if due to a breach, default, or bankruptcy event by or affecting OVG), Owner shall immediately pay to OVG the unamortized amount of the Investment (the "Buyout Amount"). In the event that Owner fails to pay OVG the Buyout Amount when due, the Buyout Amount shall accrue interest at the rate of 1.5% per month, or the highest rate permitted by law, whichever is less. In such event, and without limiting any other rights or remedies available to it,OVG may reenter the Facility,with or without process of law,and remove in a commercially reasonably manner any portion of the Improvements and Equipment and retain or dispose of such Improvements and Equipment as OVG sees fit. In such event, OVG shall retain its right to receive the Buyout Amount, but any proceeds from the sale of such Improvements and Equipment, less the cost to OVG of removing, storing, and selling such Improvements and Equipment, shall reduce the Buyout Amount. Owner covenants and agrees not to permit any liens or encumbrances to attach to the Improvements and Equipment purchased with the Investment, and hereby waives any right to attach any claim, lien, or attachment to such Improvements and Equipment. Once the Investment is fully amortized or the Buyout Amount is paid in full to OVG,title to the Improvements and Equipment will become vested in Owner, and OVG agrees to execute all necessary documents to evidence same. The rights of OVG set forth in this Section shall be in addition to any other rights of OVG at law or in equity. Section 11.6 Procurement Process. Once identified, the specific Improvements and Equipment shall be set forth in a writing to be signed by the parties and updated by the parties from time to time as necessary to reflect any replacements or substitutions thereof.The parties shall mutually agree on a procurement process in connection with the specific Improvements and Equipment to be purchased and Owner represents that such process and OVG's disbursement of the Investment in compliance therewith will comply with all applicable laws, rules, and regulations, including without limitation any state-specific procurement guidelines applicable to Owner. Section 11. 7 Sale of Obsolete or Unusable Equipment and Machinery. If OVG determines that any equipment, machinery, or other item of Owner's property at the Facility is no longer of use to the Facility, OVG shall provide a memo to the Owner's Contract Administrator detailing the desire to sell the equipment, machinery, or other item, stating the apparent value of the equipment, machinery, or other item, and detailing the proposed method of sale. In all events, OVG must adopt a method of sale that is consistent with City of Corpus Christi Code of Ordinances§17-6.OVG may not sell any of Owner's property without explicit permission of the Owner. In selling property, OVG will use its best efforts to get the best Page 15 of 41 price for the property. Proceeds from any sale of Owner's property must be deposited in the Operating Account. Revenue from sale of Owner's property will not be included in the calculation of revenues for purposes of calculating the Incentive Fee, except that any Revenue in excess of fair market value (with such value to be mutually agreed bythe parties)shall be included in Revenue for purposes of the Incentive Fee calculation. ARTICLE 12 FACILITY CONTRACTS;TRANSACTIONS WITH AFFILIATES Section 12.1 Existing Contracts. Owner shall provide to OVG, on or before the Effective Date, copies of all Existing Contracts as set forth in Exhibit B, attached hereto. OVG shall administer and make commercially reasonable efforts to ensure compliance with such Existing Contracts. Section 12.2 Execution of Contracts. OVG shall have the right to enter into Service Contracts, Revenue Generating Contracts and other contracts related to the operation of the Facility. All such contracts shall be entered into by OVG, as agent on behalf of Owner. Any such material contracts shall contain indemnification and insurance obligations on the part of each vendor, licensee or service provider, as is customary for the type of services or obligations being provided or performed by such parties, naming each of OVG and Owner as indemnified parties and additional insureds, respectively. OVG shall have the right to enter into, execute, and deliver contracts with users of the Facility which extend beyond or relate to dates falling after the expiration of the Term; provided that such agreements allow for assignment to Owner or a future successor manager, as appropriate. OVG must obtain written approval of Owner for all contracts with Major Users. Major Users include any professional sports team, franchise, or university using the Facility as the site of its home games, as well as any event held at the Facility whose use thereof consists of more than ten days during any Operating Year and any entity with which OVG has a multi-year or annual agreement for use of the Facility. Section 12.3 Transactions with Affiliates. In connection with its obligations hereunder relating to the purchase or procurement of services for the Facility (including without limitation food and beverage services, ticketing services, Commercial Rights sales, web design services and graphic design services), OVG may purchase or procure such services, or otherwise transact business with, an Affiliate of OVG, provided that the prices charged and services rendered by such Affiliate are competitive with those obtainable from any unrelated parties rendering comparable services. OVG shall,at the request of Owner, provide reasonable evidence establishing the competitive nature of such prices and services, including, if appropriate, competitive bids from other persons seeking to render such services at the Facility. ARTICLE 13 AGREEMENT MONITORING AND OPEN RECORDS ACT Section 13.1 Contract Administrator. Each party shall appoint a contract administrator who shall monitor such party's compliance with the terms of this Agreement. OVG's contract administrator shall be its General Manager at the Facility, unless OVG notifies Owner of a substitute contract administrator in writing. Owner shall notify OVG of the name of its contract administrator within thirty (30) days of execution hereof. Any and all references in this Agreement requiring OVG or Owner Page 16 of 41 participation or approval shall mean the participation or approval of such party's contract administrator. Section 13.2 Texas Public Information Act. OVG acknowledges that, under current law, it is subject to the Texas Public Information Act, Chapter 552, Texas Government Code (the "Open Records Act"). Specifically, OVG understands that the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and agrees that the Agreement can be terminated if OVG knowingly or intentionally fails to comply with a requirement of that subchapter. If OVG receives a request under the Open Records Act for any information pertaining to the Facility or Owner, in connection with this Agreement or the services to be provided hereunder (including, without limitation, with respect to any personnel files or the management by OVG of their accounts and accounting and legal services or in connection with any of the operations of the Facility), prior to releasing any information, OVG shall notify Owner of such request in writing within 5 business days of receipt of such request, in which case it shall promptly and timely inform Owner if any of the requested information might constitute confidential, proprietary or trade secret information of Owner and/or OVG which may be exempted from disclosure under the Open Records Act, and further shall notify Owner in writing whether OVG intends to request a determination from the Texas Attorney General as to whether the requested information must be disclosed pursuant to the Open Records Act. If OVG decides to seek an open records determination from the Texas Attorney General as to whether the requested information is excepted from public disclosure, OVG must seek an Attorney General decision ("Open Records Determination") to the extent and within the deadlines required by law. OVG must also identify any possible third party whose privacy or property interests may be involved and they will, to the extent OVG determines appropriate, timely furnish to any such third party any statutory notice required by the Open Records Act. Further, should Owner receive a request for disclosure of information in its possession related to OVG or its services under this Agreement pursuant to the Open Records Act,Owner will promptly provide OVG notice of such request in accordance with Section 552.305 of the Texas Government Code so that OVG may avail itself of any opportunities to establish reasons why the information should be withheld priorto disclosing such information.The burden of establishing the applicability of exceptions to the disclosure of confidential information under the Open Records Act resides with OVG. Should OVG be unable to establish a valid exception from disclosure or exclusion from the Open Records Act, then Owner may release the information, solely to the extent necessary to comply with the Open Records Act. Section 13.3 Attendance at Open Meetings. OVG acknowledges that Owner is subject to the Texas Open Meetings Act and that the funding for activities at the Facility may come from multiple different sources that require OVG's attendance at public meetings. Upon Owner's request, and provided that such request is made with reasonable notice, OVG agrees that its Management-Level Employees will attend meetings of the City Council,the Corpus Christi Business and Job Development Board (the"Type A Board"), and other Owner boards and commissions to discuss activities at the Facility and make budget or funding requests, as reasonably requested and noticed in advance; provided that to the extent any Management-Level Employee is unavailable for such meetings the parties shall agree on such other employees to attend. Further, OVG agrees not to engage with a quorum of any Owner governing body, including the City Council and the Type A Board, outside of any properly posted open meeting. In the event that OVG is contacted by a City Council member or a member of the Type A Board or any other City Board regarding the terms of this Agreement or requesting a formal meeting, OVG will direct the person to contact the Owner's Contract Administrator. Page 17 of 41 ARTICLE 14 INDEMNIFICATION Section 14.1 Indemnification by OVG. OVG ("INDEMNITOR") SHALL INDEMNIFY AND HOLD THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES ("INDEMNITEE")HARMLESS AND DEFEND THE INDEMNITEE FROM AND AGAINST ANYAND ALL THIRD-PARTY CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LIABILITY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE OUTSIDE ATTORNEY'S FEES, AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH OVG'S PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH INJURIES, DEATH, OR DAMAGES ARE CLAIMED TO ARISE FROM THE ACT OR OMMISSION OF AN INDEMNITEE. INDEMNITOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THE SETTLEMENT OR OTHER DISPOSITION OF SUCH CLAIMS, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLYSATISFACTORY TO THE OWNER'S CITYATTORNEY(AS PROVIDED IN SECTION 14.2) AND PAY ALL REASONABLE CHARGES OF SUCH ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING DIRECTLY FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIM, DEMAND, SUIT, OR ACTION. Section 14.2 Conditions to Indemnification. With respect to each separate matter brought by any third party against which Indemnitee is indemnified by Indemnitor under this Article 14, the Indemnitor shall be responsible, at its sole cost and expense, for controlling, litigating, defending and/or otherwise attempting to resolve, through counsel of its choice, but satisfactory to the Owner's City Attorney, any proceeding, claim, or cause of action underlying such matter, except that (a) approval by the City Attorney over any counsel shall not be unreasonably withheld and in any event shall be provided (or assumed) within 2 days of submission of counsel by Indemnitor; (b)the Indemnitee may, at its option, participate in such defense or resolution at its expense and through counsel of its choice; (c) the Indemnitee may, at its option, assume control of such defense or resolution if the Indemnitor does not promptly and diligently pursue such defense or resolution, provided that the Indemnitor shall continue to be obligated to indemnify the Indemnitee hereunder in connection therewith; and (d) neither Indemnitor nor Indemnitee shall agree to any settlement without the other's prior written consent. In any event, Indemnitor and Indemnitee shall in good faith cooperate with each other and their respective counsel with respect to all such actions or proceedings, at the Indemnitor's expense. With respect to each and every matter with respect to which any indemnification may be sought hereunder, upon receiving notice pertaining to such matter, Indemnitee shall promptly give reasonably detailed written notice to the Indemnitor of the nature of such matter and the amount demanded or claimed in connection therewith. Section 14.3 Limitation on Indemnity. To the extent that OVG maintains the required insurance for the term of the Agreement and the insurance complies with all of the Owner's requirements in Section 15.1 and Exhibit D, OVG's liability under the indemnification is limited to the amount of the aggregate insurance coverage under that applicable insurance policy. Page 18 of 41 Section 14.4 Legal Costs. Notwithstanding the other provisions of this Agreement,if legal costs associated with operation of the Facility are being incurred by OVG (but excluding any incurred in connection with a third party claims for which Owner is claiming indemnity by OVG or incurred in connection with any claims by OVG against the Owner) such costs shall be considered an Operating Expense; provided that to the extent any such legal costs are associated with a third party claim relating to the Facility operations, such legal costs shall be subject to Owner's prior approval, not to be unreasonably withheld. Section 14.5 Survival. The obligations of the parties contained in this Article 14 shall survive the termination or expiration of this Agreement. ARTICLE 15 INSURANCE; PERFORMANCE BOND Section 15.1 Insurance. Before performance can begin under this Agreement, OVG must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the Owner's Risk Manager and the Contract Administrator. The Owner must be named as additional insureds. The Owner's City Attorney must be given certificates of insurance or binders for all insurance required herein within 10 business days of the Owner's written request. Insurance requirements are as stated in Exhibit D, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Notwithstanding anything to the contrary herein, the cost of all insurance specifically required for this Agreement shall be an Operating Expense, including, without limitation, the cost of premiums, and the cost of any coverage deductibles, coinsurance penalties or self-insured retentions. Section 15.2 Performance Bond. OVG will obtain and maintain a performance bond in the amount of twelve months of the Monthly Management Fee, as annually adjusted, for the benefit of the Owner. Such performance security shall be maintained in effect and held by the Owner until the expiration of the Term or earlier termination of the Agreement, and thereafter until all audits have been completed and any claims or disputes have been finally resolved. The cost thereof will be an Operating Expense. ARTICLE 16 REPRESENTATIONS, WARRANTIES AND COVENANTS Section 16.1 OVG Representations and Warranties. OVG hereby represents, warrants and covenants to Owner as follows: (a) that it has the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations of OVG herein, and that no third-party consent or approval is required to grant such rights or perform such obligations hereunder; and (b) that this Agreement has been duly executed and delivered by OVG and constitutes a valid and binding obligation of OVG,enforceable in accordance with its terms,except as such Page 19 of 41 enforceability maybe limited by bankruptcy,insolvency, reorganization or similar Laws affecting creditors' rights generally or by general equitable principles. Section 16.2 Owner Representations,Warranties and Covenants. Owner represents,warrants and covenants to OVG as follows: (a) that it has the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations of Owner herein,and that no other third-party consent or approval is required to grant such rights or perform such obligations hereunder. (b) that this Agreement has been duly executed and delivered by Owner and constitutes a valid and binding obligation of Owner, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable principles. (c) except as specifically set forth in this Agreement, the Owner has not made, does not make, and hereby specifically disclaims any representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present,or future,to,as to,concerning,or with respect to(i)the nature,quality or condition of the Facility and the Facility's personal property, (ii) the suitability of the Facility and the Facility's personal property for any and all activities and uses which OVG may conduct; (iii) the accuracy or completeness of any materials provided to OVG under the provisions of this Agreement or otherwise. OVG acknowledges and consents to such disclaimer of warranties by the Owner,and OVG accepts Facility management and the Facility property AS IS, WHERE IS, WITH ALL FAULTS, based solely on its own inspection thereof. Notwithstanding the foregoing, OVG is not responsible for and does not accept or assume any liability for structural or construction defects (latent or patent), environmental claims, non- compliance with applicable Laws, or any other unsafe conditions existing at Facility as of or prior to the Effective Date or arising thereafter through no fault of OVG. ARTICLE 17 FEDERAL TAX REQUIREMENTS Section 17.1 Compliance with Federal Tax Requirements. OVG understands that, as of the Effective Date, all or a portion of the Facility has been financed on a tax-exempt basis (such financing,the "Tax-Exempt Bonds") and, as a result, until such time as the Facility is no longer financed under such Tax- Exempt Bonds, Owner must comply with the Internal Revenue Code of 1986, as amended, and certain treasury regulations promulgated thereunder (collectively, the "Code"), with respect to the use and management of the Facility by OVG or any other service provider that may be engaged by Owner or OVG with respect to all or a portion of the Facility. OVG agrees to cooperate with Owner in complying with the requirements of the Code with respect to private business use of property financed with the Tax-Exempt Bonds at the Facility and maintaining the safe harbor conditions provided in Revenue Procedure 2017-13 (as modified, amplified and/or superseded, the "Rev. Proc."), and acknowledges that, as of the Effective Date,the Rev. Proc. includes the following safe harbor conditions that ensure that the Tax-Exempt Bonds will maintain their tax-exempt status: Page 20 of 41 (a) No third-party manager shall take a tax position with respect to the Facility or any management agreement that is inconsistent with being a service provider to Owner that provides services at the Facility,including,without limitation,taking any depreciation or amortization, investment tax credit or deduction for any payment as rent with respect to the Facility. (b) In connection with any third-party manager's services at the Facility and as described in the Rev. Proc., Owner will approve: (i) each disposition of any portion of the Facility, (ii) rates charged for the use of all or any portion of the Facility, and (iii) and the general nature and type of use of the Facility by OVG. (c) Owner bears risk of loss of the Facility. (d) No third-party manager shall have any role or relationship with Owner that, in effect, substantially limits Owner's ability to exercise its rights under any management agreement. OVG agrees to cooperate in good faith with Owner in order to ensure that this Agreement and OVG's services hereunder comply the requirements of the Code with respect to private business use of property financed with the Tax-Exempt Bonds at the Facility and maintaining the safe harbor conditions provided in the Rev. Proc(collectively,the "Private Use Requirements"). If Owner reasonably determines that any of OVG's services or actions hereunder violate the Private Use Requirements, OVG shall reasonably cooperate (without expenditure of material funds) to cease such services or actions following notice thereof from Owner. If following a good faith negotiation period of not less than ninety (90) days (a "Negotiation Period"), Owner continues to reasonably determine that OVG's services or actions hereunder violate the Private Use Requirements notwithstanding OVG's reasonable cooperation efforts, Owner may terminate this Agreement in its sole discretion and without penalty for a period of 30 days following the end of the Negotiation Period; provided Owner shall be responsible for all costs of OVG in connection therewith as set forth in Section 4.3(c). If Owner does not terminate this Agreement during such 30-day period, such termination right shall expire. If Owner reasonably determines that the terms of this Agreement violate the Private Use Requirements, the parties shall proceed in accordance with Section 17.2 below as if Changes (as defined below) had occurred. Section 17.2 Future Changes in Federal Tax Requirements. OVG agrees to negotiate in good faith with Owner to amend this Agreement from time to time (an "Amendment") to address any interpretations, modifications or other changes in federal tax requirements regarding tax-exempt bonds, which may include any modifications and amplifications of the Rev. Proc. or requirements superseding the Rev. Proc.taking place after the Effective Date(collectively, "Changes")to ensure that the tax-exempt status of the Tax-Exempt Bonds utilized to finance all or a portion of the Facility is maintained.The parties acknowledge and agree that the terms of an Amendment shall be limited to modifying this Agreement in order to (i) maintain the tax-exempt status of the Tax-Exempt Bonds notwithstanding such Changes, and (ii) ensuring that the financial arrangements under this Agreement are materially maintained. Notwithstanding anything herein to the contrary, if following a Negotiation Period this Agreement is unable to be amended to the satisfaction of Owner with respect to clause (i) above, or OVG with respect Page 21 of 41 to clause (ii)above,then this Agreement may be terminated by the applicable dissatisfied party in its sole discretion and without penalty for a period of 30 days following the end of the Negotiation Period; provided Owner shall be responsible for all costs of OVG in connection therewith as set forth in Section 4.3(c). If neither party terminates this Agreement during such 30-day period, such termination right shall expire. Section 17.3 Remedies. Owner acknowledges and agrees that OVG is not responsible for determining whether this Agreement or the services hereunder comply with the Code or the Rev. Proc. Or otherwise with the requirements of the Tax-Exempt Bonds, and is relying on Owner's good-faith, reasonable determinations as to such matters. As such, OVG shall bear no responsibility with respect to maintaining the tax-exempt status of the Tax-Exempt Bonds, under no circumstances shall OVG be liable for any failure by Owner to maintain the tax-exempt status of the Tax-Exempt Bonds, notwithstanding anything to the contrary in this Agreement (including in connection with OVG's indemnification obligations set forth in Section 14), and Owner's sole remedies under this Agreement in relation to the Tax-Exempt Bonds or pursuant to this Section 17 shall be termination of the Agreement as set forth in Sections 17.1 and 17.2 above. Section 17.4 Severability. If at any time during the Term, Owner elects to re-finance the Facility with bonds that are not tax-exempt and therefore no longer subject to the Private Use Requirements, then the foregoing Article 17 shall be deemed deleted from this Agreement after the date any Tax-Exempt Bonds are no longer outstanding on the Facility. ARTICLE 18 MISCELLANEOUS Section 18.1 PCI Compliance. OVG agrees to comply with all current Payment Card Industry Data Security Standards ("PCI Standards") and guidelines that may be published from time to time by Visa, MasterCard or other associations as they relate to the physical storage of credit card data. For PCI Standards compliance purposes, Owner will provide on a segmented network, an appropriate number of wired data connections to the Internet for point of sale devices to be used by OVG and any contractors at the Facility. Owner shall be responsible for the security of its network, including, without limitation, applicable PCI-DSS compliance, and for procuring and installing point of sale (POS) payment systems that are compliant with the latest PCI-DSS requirements. If at any time either party determines that card account number or other information has been compromised,such party will notify the other immediately and assist in providing notification to the proper parties as deemed necessary. Section 18.2 No Discrimination. OVG agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, religion,color,sex,disability, national origin, ancestry, physical handicap, or age, and will take affirmative steps to ensure that applicants are employed,and employees are treated during employment,without regard to race, religion, color, sex, disability, national origin, ancestry, physical handicap, or age. Section 18.3 Use of Facility Names and Logos. OVG shall have the right to use throughout the Term (and permit others to use in furtherance of OVG's obligations hereunder),for no charge, the name Page 22 of 41 and all logos of the Facility,on OVG's stationary, in its advertising of the Facility,and whenever conducting business of the Facility; provided, that OVG shall take all prudent and appropriate measures to protect the intellectual property rights of Owner relating to such logos. All intellectual property rights in any Facility logos developed by OVG or Owner shall be and at all times remain the sole and exclusive property of Owner. OVG agrees to execute any documentation requested by Owner from time to time to establish, protect or convey any such intellectual property rights. Use of the name and logo must be in compliance with the Naming Rights Agreement with American Bank. Section 18.4 Facility Advertisements. Owner agrees that in all advertisements placed by Owner for the Facility or events at the Facility, whether such advertisements are in print, on radio, television,the internet or otherwise, it shall include a designation that the Facility is a "Managed by OVG 360". Section 18.5 Force Majeure; Casualty Loss. (a) Neither party shall be liable or responsible to the other party for any delay, loss, damage, failure or inability to perform under this Agreement due to an Event of Force Majeure, provided that the party claiming failure or inability to perform provides written notice to the other party within thirty (30) days of the date on which such party gains actual knowledge of such Event of Force Majeure. Notwithstanding the foregoing, in no event shall a party's failure to make payments due hereunder be excusable due to an Event of Force Majeure. If either party's obligation is affected by any Event of Force Majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. (b) In the event of damage or destruction to a material portion of the Facility by reason of fire, storm or other casualty loss that renders the Facility (or a material portion thereof) untenantable, Owner shall inform OVG within a reasonable period of time if the Owner will make the necessary repairs to the Facility. If the Owner determines that it will not make such repairs, then this Agreement will terminate, provided that Owner shall pay to OVG its costs of withdrawing from services hereunder, as described in Section 4.3(c) above. If the Owner decides to repair the Facility, but such damage or destruction is expected to render the Facility (or a material portion thereof) untenantable for a period estimated by an architect selected by Owner at OVG's request,of at least 180 days from the date of such fire, storm or other casualty loss, either party may terminate this Agreement upon written notice to the other, provided that Owner shall pay to OVG its costs of withdrawing from services hereunder, as described in Section 4.3(c) above. Section 18.6 Assignment; Binding on Successors and Assigns. Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed, except that either party may, without the prior written consent of the other party but upon at least 30 days' written notice to the other party, assign this Agreement in connection with a sale, merger or other business combination involving all or substantially all of its assets or equity interests. Any purported assignment in contravention of this Section shall be void. This Agreement is binding on successors and permitted assigns of the parties. Page 23 of 41 Section 18.7 Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally,three(3)days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to Owner: If to OVG: City of Corpus Christi OVG360 1201 Leopard St 150 Rouse Blvd. Corpus Christi, TX 78401 Philadelphia, PA 19112 Attn:Assistant City Manager Attn: Chief Operating Officer With a copy to: With a copy to: City Attorney OVG360 1201 Leopard St. 150 Rouse Blvd. Corpus Christi, TX 78401 Philadelphia, Pennsylvania 19112 Attn: General Counsel The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. Section 18.8 Severability. If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Section 18.9 Entire Agreement. This Agreement (including the exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations,agreements or understandings, whether oral or written. Section 18.10 Governing Law. The Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles and such form and venue for any disputes is the appropriate district, county, or justice court in and for Nueces County,Texas. Section 18.11 Amendments. This Agreement may not be amended except by an instrument in writing signed by an authorized representative of each of the Parties. Page 24 of 41 Section 18.12 Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity. Section 18.13 Relationship of Parties. OVG and Owner acknowledge and agree that they are not joint venturers, partners, or joint owners with respect to the Facility, and nothing contained in this Agreement shall be construed as creating a partnership, joint venture or similar relationship between Owner and OVG. In operating the Facility, entering into contracts, accepting reservations for use of the Facility, and conducting financial transactions for the Facility, OVG acts on behalf of and as agent for Owner(but subject to the limitations on OVG's authority as set out in this Agreement), with the fiduciary duties required by law of a party acting in such capacity. Section 18.14 No Third Party Beneficiaries. Other than the indemnitees listed in Sections 14.1 and 14.2 hereof(who are third party beneficiaries solely with respect to the indemnification provisions in such sections), there are no intended third party beneficiaries under this Agreement, and no third party shall have any rights or make any claims hereunder, it being intended that solely the parties hereto (and the aforementioned indemnitees with respect to the indemnification provisions hereof) shall have rights and may make claims hereunder. Section 18.15 Attorneys Fees. If any suit or action is instituted by either party hereunder, including all appeals, each party will be responsible for its own attorneys'fees. Section 18.16 Limitation on Damages. In no event shall either party be liable or responsible for any consequential, indirect, incidental, punitive, or special damages (including, without limitation, lost profits) whether based upon breach of contract or warranty, negligence, strict tort liability or otherwise, and each party's liability for damages or losses hereunder shall be strictly limited to direct damages that are actually incurred by the other party, provided that the foregoing shall not limit or restrict any claim by OVG for the Monthly Management Fee through the original expiration date of this Agreement upon a breach or default of this Agreement by Owner, which shall be deemed a claim for direct damages. Section 18.17 Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document.This Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. IN WITNESS WHEREOF, each party hereto has caused this Management Agreement to be executed on behalf of such party by an authorized representative as of the date first set forth above. Page 25 of 41 THE CITY OF CORPUS CHRISTI, GLOBAL SPECTRUM, L.P., A Texas home-rule municipality d/b/a OVG360 By: Global Spectrum, LLC, its general partner By: By: Name: Name: Brian Rothenberg Title: Title: President Page 26 of 41 SCHEDULE 1 MAPS DEFINING OUTDOOR AREAS UNDER OVG'S MANAGEMENT Facility Map: Arena Convention Center Selena Auditorium Aerial Map: AO r�..�--~ rte. •d i � � ,(I , 55AAkk . 1 � M,, } Kt• 1 Page 27 of 41 Parking Lot Map: 'us Iii ❑ Primary LOIS .tie.d.oae or the American Bank Center ❑ Secondary Lots regwi coonsnabm wtn mncr ermurs gyp► �..r.. w r� 7� 1 �o s uw ` sPoo vwm b p AL K � 0 Page 28 of 41 EXHIBIT A OVG DUTIES OVG's obligations under the Agreement shall consist of the following obligations, all of which are subject to the terms hereof: (a) Manage all aspects of the Facility in accordance with the terms of this Agreement, including but not limited to managing purchasing, payroll,fire prevention,security,crowd control, routine repairs, preventative maintenance, landscaping, janitorial services, promotions, advertising, energy conservation,security, box office,admission procedures, parking(if applicable),and general user services. (b) Establish and adjust prices, rates and rate schedules for user, license, concessions, occupancy, and advertising agreements, and booking commitments. OVG may deviate from the established rate schedule when entering into any such agreements if determined by OVG, using its reasonable business judgment, to be necessary or appropriate with respect to the specific situation. (c) Procure, negotiate, execute, administer and assure compliance with Service Contracts, Revenue Generating Contracts, and other contracts related to the operation of the Facility. (d) Require that all material vendors and licensees of the Facility execute vendor/license agreements containing standard indemnification and insurance obligations on the part of each such vendor/licensee. (e) Utilize Owner-provided standard form advertising and sponsorship contracts and user/rental agreements for use at or with respect to the Facility. Owner shall submit such form agreements to OVG for review and comment, and the parties shall work together to finalize such forms. Once finalized, OVG shall use such forms in furtherance of its duties hereunder, and shall not materially deviate from the terms contained in such forms without obtaining the prior approval of Owner (which shall not be unreasonably withheld). For avoidance of doubt,OVG shall be under no obligation to provide legal advice or assistance with respect to the forms or any other Revenue Generating Contracts. (f) Operate and maintain the Facility, including the equipment utilized in connection with its operation and any improvements made during the term of this Agreement, in the condition received, normal wear and tear excepted. (g) Arrange for and otherwise book events at the Facility in accordance with a booking schedule to be developed by OVG. (h) Hire or otherwise engage, pay, supervise, and direct all personnel OVG deems necessary for the operation of the Facility in accordance with Article 6 of the Agreement,and conduct staff planning, retention and training programs as determined to be necessary by OVG in its sole discretion. (i) Maintain detailed, accurate and complete financial and other records of all its activities under this Agreement in accordance with generally accepted accounting principles, which records shall be made available to Owner upon request, in accordance with Section 10.1 of the Agreement. Page 29 of 41 W Submit to Owner in a timely manner financial and other reports detailing OVG's activities in connection with the Facility, as set forth in Section 10.2 of the Agreement. (k) Pay all Operating Expenses and other expenses incurred in connection with the operation, maintenance, supervision and management of the Facility from the Operating Account or with funds otherwise made available by Owner. (1) Secure, or assist Owner(or any other third party, as applicable)to secure, all licenses and permits necessary for the operation and use of the Facility for the specific events to be held therein, and for the general occupancy of the Facility, provided that any necessary food and liquor licenses shall be secured by the food and beverage concessionaire at the Facility. Owner shall cooperate in this process to the extent reasonably required. All costs associated with this process shall be Operating Expenses. (m) Collect, deposit and hold in escrow in the Event Account any ticket sale revenues which it receives in the contemplation of or arising from an event pending the completion of the event, as more fully described in Section 8.1 of the Agreement. (n) Collect in a timely manner and deposit in the Operating Account all Revenue, as more fully described in Section 8.2 of the Agreement. (o) Pay all applicable Taxes from the Operating Account. (p) OVG shall document all major damage to, or loss in, such inventory during the Term as soon as such damage or loss is discovered by OVG, and OVG shall promptly notify Owner of any such damage or loss. (q) Purchase, on behalf of Owner and with Owner funds, and maintain during the Term, all materials, tools, machinery, equipment and supplies necessary for the operation of the Facility. (r) As agent for Owner, manage risk management and Facility insurance needs, as more fully described in Article 15 of the Agreement. (s) Make and be responsible for all routine and minor repairs, maintenance, preventative maintenance, and equipment servicing. OVG shall be responsible for ensuring that all repairs, replacements, and maintenance shall be of a quality and class at least equal to that of the item being repaired, replaced or maintained. Any replacement of an item in inventory,or any new item added to the inventory, which is paid for by Owner, shall be deemed the property of Owner. (t) Cause such other acts and things to be done with respect to the Facility, as determined by OVG in its reasonable discretion to be necessary for the management and operation of the Facility following the Effective Date. Page 30 of 41 Exhibit A-1 DUTIES RELATED TO MAINTENANCE AND REPAIR, CAPITAL IMPROVEMENTS,AND UPGRADES 1. Maintenance and Repair a. OVG to complete all Maintenance and Repair as Operating Expenses in accordance with the Operating Budget and Exhibit A, except for any Emergency Repairs which are subject to Section 11.2. 2. Capital Improvements a. In the annual budget process, OVG will recommend Capital Improvements for inclusion in the Owner's annual operating budget. The recommendations will include information related to the priority of the individual Capital Improvements to assist the Owner in determining which Capital Improvements to include for any given Operating Year. b. Throughout the year, as additional issues are discovered, OVG may recommend other Capital Improvements for either the current or a future Operating Year. Each recommendation will include a recommended date by which the Capital Improvement should be completed. c. Owner will consider the recommendations and present budget recommendations to Owner's City Council and/or the Type A Board. Capital Improvements recommended outside the budget process will require budgetary amendments and appropriation of funds approved by City Council and/or the Type A Board. d. Upon approval and appropriation of funding, Owner's Engineering Department will procure and manage all aspects of the completion of the Capital Improvements. 3. Upgrades a. In the annual budget process,OVG will recommend Upgrades for inclusion in the Owner's annual operating budget. The recommendations will include information related to the priority of the individual Upgrades to assist the Owner in determining which Upgrades to include for any given Operating Year. b. Throughout the year, as additional issues are discovered, OVG may recommend other Upgrades for either the current or a future Operating Year. Each recommendation will include a recommended date by which the Upgrade should be completed. c. Owner will consider the recommendations and present budget recommendations to Owner's City Council and/or the Type A Board. Upgrades recommended outside the budget process may require budgetary amendments and appropriation of funds approved by City Council and/or the Type A Board. d. Upon approval and appropriation of funding, OVG shall procure and manage all aspects of the completion of the Upgrades except that Owner may review and approve the specifications of any Upgrades at the Owner's discretion. Page 31 of 41 Exhibit A-2 PERFORMANCE MEASURES 1. Customer Satisfaction Scores. OVG shall demonstrate quality service to customers of the Facility on evaluations related to Facility operations and services, including servicing of conventions and meetings. Owner and OVG shall cooperate in determining the form and components of the service evaluations and the process for administering such service evaluations. No more than 60 days following the start of each Operating Year, the parties shall mutually agree in writing (email shall be sufficient) upon the Customer Satisfaction Score Goal for the Operating Year. 2. Room Night Goal. OVG shall work together with the Owner and the Corpus Christi Area Convention and Visitors' Bureau to support national, regional, or tourism-related events, which increase hotel night stays in the City. In doing so, OVG will work to meet or exceed the Room Night Goal for the Facility. No more than 60 days following the start of each Operating Year, the parties shall mutually agree in writing (email shall be sufficient) upon the Room Night Goal for the Operating Year. 3. Event Day Goals. OVG shall work to increase the number of days the Arena and Convention Center is utilized. No more than 60 days following the start of each Operating Year,the parties shall mutually agree in writing(email shall be sufficient) upon the Event Day Goals for the Arena and Convention/Trade Shows for the Operating Year. Further, at the time of the approval of the Event Day Goals, OVG will provide its updated booking policy related to all events at the Facility for Owner's review and approval of any changes. 4. Repairs and Maintenance Implementation. OVG shall demonstrate quality maintenance and operation of the Facility and equipment therein, normal wear and tear excepted.OVG shall demonstrate compliance with the provision of this Agreement based upon annual review and the quarterly walkthroughs by the Contract Administrator and an annual report from OVG on the maintenance and repairs at the Facility. If there is a dispute as to whether OVG provided quality maintenance and operation of the Facility sufficient to meet this Performance Measure, then the City may hire a mutually agreeable third party to conduct a review of the Facility (which shall be paid for by the City). 5. Revenue. OVG shall work to increase the Revenue at the Facility. No more than 60 days following the start of each Operating Year,the parties shall mutually agree in writing(email shall be sufficient) upon the Revenue goal for the Operating Year. In the event the parties cannot mutually agree in good faith on a Performance Measure for#1, #2, #3 or #5 above for any Operating Year then the Performance Measure shall remain the same from the previous Operating Year. Page 32 of 41 EXHIBIT B EXISTING CONTRACTS Ur ue ID Name Account Start End Status 1225-65-44557 Halestorm outback Presents 10/1/2022 10/1/2022 Definite 1225-65-45741 Ice Ra s Practice Ice Ras 10/1/2022 10/1/2022 Definite 1225-65-45715 Ice Ra s vs New Mexico Ice Ras 10/1/2022 10/1/2022 Definite 1225-65-42636 Ta for-Orte a Wed din Ste hanie Ta for 10/1/2022 10/1/2022 Definite 1225-65-46159 Ice Ra s Practice Ice Ras 10/3/2022 10/3/2022 Definite 1225-65-44978 State fthe District Cor us Christi Inde endem School District 10/3/2022 10/4/2022 Definite 1225 6 5-46 127 Ice Ra s Practice Ice Ras 10/4/2022 10/4/2022 Definite 1225-65-46063 Ice Ras Practice Ice Ras 10/5/2022 10/5/2022 Definite 1225-65-43924 Gabriel)lesias Icon Concerts 10/6/2022 10/6/2022 Definite 1225-65-45614Ice Ra 5 Prectire Ice Ras 10/7/2022 10/7/2022 Definite 1225-65-45651 Ice Ra ne sys LoStar Ice Ras 10/7/2022 10/7/2022 Definite 1225-65-45582Ice Ras Practice Ice Ras 10/8/2022 10/8/2022 Definite 1225-65-45588 Ice Ra HS v;Lone Star Ice Ras 10/8/2022 10/8/2022 Definite 1225-65-45808 Pride Cor us Parade Parkin Lot Usa e Cit of Corpus Christi 10/8/2022 10/8/2022 Definite 1225-65-43125 Dwight yoakam AEG Live 10/14/2022 10/14/2022 Definite 1225-65-42812 Cor us Christi Souvenir and Resort she. Pinnacle Shows LLL 10/16/2022 10/20/2022 Definite 1225-65-46064 Ice Ras Practice Ice Ras 10/17/2022 10/17/2022 Definite 1225-65-46128 Ice Ras Pre re Ice Ras 10/19/2022 10/18/2022 Definite 1225-65-43150 Ge cnet Ssfet Meetings Cit of Corpus Christi 10/19/2022 10/19/2022 Definite 1225-65-46034 Ice Ras 10/19/2022 10/19/2022 Definite 1225-65-45710Ice Ra s Practice Ice Ras 10/20/2022 10/20/2022 Definite 1225-65-45678 Ice Ra s Practice Ice Ras 10/21/2022 10/21/2022 Definite 1225-65-45747Ice Ra sys Oklahoma Ice Ras 10/21/2022 10/21/2022 Definite 1225-65-44908 Meno ause The Musical In novation Arts&Entertainment 10/21/2022 10/21/2022 Definite 1225-65-42513 New Wave X o Comic Con New Wave X o 10/21/2022 10/22/2022 Definite 1225-65-37488 3larkla[ket 5 m hon Emporium Presents 10/22/2022 10/22/2022 Definite 1225-65-45646 Ice Ra s Practice Ice Ras 10/22/2022 10/22/2022 Definite 1225-65-44751 Ice Rays vs Oklahoma Ice Rays 10/22/2022 10/22/2022 Definite 1225-28876 TCOLE Texas Commission on Law Enforcement 10/22/2022 10/27/2022 Definite 1225-65-44850 Air Force Band ofthe West Recording Session Air Force Band Of The West Concert Band 10/24/2022 10/28/2022 Definite 1225-65-43566 Reba McEntire Live Nation 10/28/2022 10/29/2022 Definite 1225-65-35133 Dhudyon Ice Feld Entertainment,Inc 11/2/2022 11/6/2022 Definite 1225-65-43436 Fall Summit WeIIMed Medical Management 11/2/2022 11/3/2022 Definite 1225-65-45549 The Blue Man Group Innovation Arts&Entertainment 11/4/2022 11/4/2022 Definite 1225-65-31950 NAFSAAssociation of international Educators,Region 1112022 NAFSA.Association of International Educators 11/6/2022 11/9/2022 Definite 1225-65-45011 Marine Corps Ball MATSG-22 11/10/2022 11/10/2022 Definite 1225-65-44719 ce Rays Ger, Ice Rays 11/11/2022 11/11/2022 Definite 1225-65-43309 Zach Williams Awakening Events 11/11/2022 11/11/2022 Definite 1225-65-43825 Galvan-Buentello Wedding Alexandra Galvan 11/12/2022 11/12/2022 Definite 1225-65-44783 Ice Rays vs Armarillo Ice Rays 11/12/2022 11/12/2022 Definite 1225-65-32118 Southern Baptists of Texas Convention Southern Baptists Of Texas 11/13/2022 11/15/2022 Definite 1225-65-45036 TAMUCC Basketball TAMUCC Basketball 11/13/2022 11/13/2022 Definite 1225-65-44972 TAMUCC Basketball TAMUCC Basketball 11/14/2022 11/14/2022 Definite 1225-65-44881 TAMUCC Men's Basketball TAMUCC Basketball 11/16/2022 11/16/2022 Definite 1225-65-44851 TAMUCC Men's Basketball TAMUCC Basketball 11/17/2022 11/17/2022 Definite 1225-65-43761 Pena-Olvera Wedding Stephanie Pena 11/19/202211/19/2022 Definite 1225 6 5-449 14 Ice Rays vs New Mexico Ice Rays 11/25/2022 11/25/2022 Definite 1225-65-43341 111 Viva Entertainment Network 11/25/2022 11/25/2022 Definite 1225-65-43695 Deck The Halls-Disney Featuring DCappalla ICM 11/26/2022 11/26/2022 Definite 1225-65-44846 Ice Rays vs New Mexico Ice Rays 11/26/2022 11/26/2022 Definite 1225-65-40973 Zaragoza-Medina Wedding Aaron Medina 11/26/2022 11/26/2022 Definite 12236 TAHPERD Tex as Association for Health,Physical Education,Recreation and Dance 11/29/2022 12/3/2022 Definite 1225-65-449]7 Ice Rays vs EI Paso Ice Rays 12/1/2022 12/1/2022 Definite 1225-65-44752 Ice Rays vs EI Paso Ice Rays 12/2/2022 12/2/2022 Definite 1225-65-45039 TAMUCC Basketball TAMUCC Basketball 12/3/2022 12/3/2022 Definite 1225-65-44973 TAMUCC Basketball TAMUCC Basketball 12/6/2022 12/7/2022 Definite 1225-65-39660 Chenid,m Holiday/Employee Appreciation Party Cheniare 12/7/2022 12/10/2022 Definite 1225-65-40172 CC Ballet The Nutcracker Corpus Christi Stilet 12/9/2022 12/18/2022 Definite 1225-65-42604 AFGE Holiday Party American Federation of Government Employees 12/9/2022 12/10/2022 Definite 1225-65-35876 TAMUCC Graduation Texas A&M University-Corpus Christi 12/9/2022 12/10/2022 Definite 1225-65-45773 A Drag qu can Christmas M&P Presents 12/12/2022 12/12/2022 Definite 1225-65-43726 The Illusionists Tobin Entertainment 12/15/2022 12/15/2022 Definite 1225-65-45772 Coastal Christmas 2022 American Bank Center 12/19/202212/23/2022 Definite 1225-65-42940 Feast of Sharing HEB Grocery Company 12/22/2022 12/24/2022 Definite 1225-65-45836 A Magical Cirque Christmas Live Nation 12/26/2022 12/26/2022 Definite 1225-65-46030 Ice Rays vs Shreveport Ice Rays 12/29/2022 12/29/2022 Definite 1225-65-45970 Ice Rays vs Shreveport Ice Rays 12/30/2022 12/30/2022 Definite 1225-65-44815 Ice Rays vs Odessa Ice Rays 1/5/2023 1/5/2023 Definite 1225-65-44847 Ice Rays vs Odessa Ice Rays 1/6/2023 1/6/2023 Definite 1225-65-44946 TAMUCC Basketball TAMUCC Basketball 1/11/2023 1/12/2023 Definite 1225-65-44974 TAMUCC Basketball TAMUCC Basketball 1/13/2023 1/14/2023 Definite 1225-65-43410 Dr.Hector P.Garcia Foundation Luncheon Hector P.Garcia Memorial Foundation 1/19/2023 1/20/2023 Definite 1225-65-44978 Ice Rays vs Lone Star Ice Rays 1/20/2023 1/20/2023 Definite 1225-65-44753 Ice Rays vs Lone Star Ice Rays 1/21/2023 1/21/2023 Definite 1225-65-43120 Sophie Rojas Quince Edith Rojas 1/21/2023 1/21/2023 Definite 13847 FCCLA Region V Family,Career and Community Leaders of America 1/25/2023 1/28/2023 Definite 1225-65-45042 TAMUCC Basketball TAMUCC Basketball 1/25/2023 1/26/2023 Definite 1225-65-45004 TAMUCC Basketball TAMUCC Basketball 1/27/2023 1/28/2023 Definite 1225-65-45111 11 10 Icon Concerts 1/29/2023 1/29/2023 Definite 1225-65-42965 Harlem Globetrotters Harlem Globetrotters 1 2/2/2023 2/2/2023 Definite 1225-65-44721 Ice Rays vs Oklahoma Ice Ras 2/3/2023 2/3/2023 Definite 1225-65-44785 Ice Ra s vs Oklahoma Ice Ras 2/4/2023 2/4/2023 Definite 1225-65-44911 TAMUCC Basketball TAMUCC Basketball 2/8/2023 2/9/2023 Definite 1225-65-45073 TAMUCC Basketball ITAMUCC Basketball 1 2110/20231 2/11/2023 Definite 1225-65-39340 Shen Vun I E ochtimes 1 2/13/20231 2/14/2023 Definite Page 33 of 41 1225-65-29712 E isco al Diocese of West Texas Episcopal Diocese of West Texas 2/15/2023 2/18/2023 Definite 1225-65-44816 Ice Rays vs Odessa Ice Ras 2/17/2023 2/17/2023 Definite 1225-65-44848 Ice Rays vS Odessa Ice Ras 2/18/2023 2/18/2023 Definite 1225-65-44947 TAMUCC Basketball TAMUCC Basketball 2/22/2023 2/23/2023 Definite 1225-65-43344 Anime Cor us Christi High Title Events LLC 2/23/2023 2/26/2023 Definite 1225-65-44976 TAMUCC Basketball TAMUCC Basketball 2/24/2023 2/25/2023 Definite 1225-65-41388 Charity Lea ue Style Shaw&Luncheon Charity League 2/27/2023 3/2/2023 Definite 1225-65-44879 Ice Rays ,Shreveport Ice Ras 3/3/2023 3/3/2023 Definite 1225-65-44754 Ice Rays vs Shreveport Ice Ras 3/4/2023 3/4/2023 Definite 14117 SkiIIsUSATexas State Leadership&Skills Conference Texas SkillsUSA 3/27/2023 4/2/2023 Definite 1225-65-44722 Ice Rays Game(Regular Season Ice Ras 3/30/2023 3/30/2023 Definite 1225-65-44786 Ice Rays Game(Regular Season Ice Ras 3/31/2023 3/31/2023 Definite 1225-65-39891 Texas Transit Association Conference Texas Transit Association 4/11/2023 4/14/2023 Definite 1225-65-45809 For King and ountry Jeff Roberts&Associates 4/15/2023 4/16/2023 Definite 1225-65-37871 TEMA Conference Texas Energy Managers Association 4/25/2023 4/28/2023 Definite 1225-22434 Bud Days Rodeo&Carnival Buccaneer Commission 5/3/2023 5/15/2023 Definite 1225-65-31022 Bud Das Parade Pachan a Buccaneer Commission 5/5/2023 5/6/2023 Definite 1225-65-37744 ITAMUCC Graduation Texas A&M University-Cor us Christi 5/20/2023 5/20/2023 Definite 1225-65-42764 VPPPA Re ion VI Conference Voluntary Protection Program Participant Region VI 5/21/2023 5/24/2023 Definite 1225-65-29709 Flour Bluff HS Flour Bluff High School 5/25/2023 5/25/2023 Definite 1225-65-44718 London HS Graduation London ISD 5/25/2023 5/26/2023 Definite 13033 UMC-United Methodist Rio Texas United Methodist Rio Texas Conference 6/5/2023 6/10/2023 Definite 1225-65-43501 TxSWANAConference Lone Star Chapter ofthe Solid Waste Association of North America 6/11/2023 6/16/2023 Definite 1225-26538 AWED Association OF Water Board Directors/Texas 6/19/2023 6/24/2023 Definite 1225-65-42939 DPS Challen e Texas Truckin Association 6/26/2023 6/27/2023 Definite 1225-65-45998 8 National Talent 8 National Talent 6/27/2023 7/2/2023 Definite 1225-65-37426 Corpus Christi Comic Con High Tide Events LLC 7/27/2023 7/30/2023 Definite 1225-65-35907 TAMUCC Graduation Texas A&M University-Cor us Christi 8/11/2023 8/12/2023 Definite 1225-65-43692 Coastal Bend Creator Con Coastal Bend Creator Con 8/18/2023 8/19/2023 Definite 1225-23878 TX Water Utilities Association Annual School Texas Water Utilities Association 9/18/2023 9/21/2023 Definite 1225-65-43001 TASBO 2023 Operations Academy&Facility Masters Texas Association Of School Business Officials 10/17/2023 10/20/2023 Definite 1225-65-39372 TCOLE Texas Commission on Law Enforcement 10/21/2023 10/26/2023 Definite 1225-65-42873 International REI Productions,Inc International REI Productions,Inc. 11/14/2023 11/16/2023 Definite 1225-65-41740 CC Ballet The Nutcracker Corpus Christi Ballet 12/7/2023 12/17/2023 Definite 1225-65-35939 TAMUCC Graduation Texas A&M University-Corpus Christi 12/16/2023 12/16/2023 Definite 1225-65-44716 1 FC"Region V Family,Career and Community Leaders of America 1/31/2024 2/3/2024 Definite 14337 JBPA Convention Business Professionals of America 2/26/2024 3/2/2024 Definite 14110 JTX Water Utilities Association Annual School Texas Water Utilities Association 3/3/2024 3/7120241 Definite 14118 SkiIIsUSATexas State Leadership&Skills Conference Texas SkillsUSA 4/1/2024 4/6/2024 Definite 1225-65-30990 Bud Days Parade Pachanga Buccaneer Commission 5/3/2024 5/4/2024 Definite 13034 UMC-United Methodist Rio Texas United Methodist Rio Texas Conference 6/3/2024 6/9/2024 Definite 14586 TAPT Conference Texas Association For Pupil Transportation 6/20/2024 6/25/2024 Definite 1225-65-37901 The Samoyed Club ofAmerica,Inc.National Specialty Samoyed Club of America,Inc. 10/20/2024 10/26/2024 Definite 1225-65-44717 FC"Region V Family,Career and Community Leaders of America 1/29/2025 1/31/2025 Definite 1225-23910 TX Water Utilities Association Annual School Texas Water Utilities Association 3/2/2025 3/6/2025 Definite 13182 TKOC Knights Of Columbus-Texas State Council 4/28/2025 5/4/2025 Definite 1225-65-31053 Bud Days Parade Pachanga Buccaneer Commission 5/2/2025 5/3/2025 Definite 13835 ATAT Agriaulture Teachers Association of Texas 7/19/2025 7/25/2025 1 Definite 1225-65-44621 FC"Region V Family,Career and Community Leaders of America 1/28/2026 1/31/2026 Definite 1225-65-29713 Episcopal Diocese of West Texas Episcopal Diocese of West Texas 2/25/2026 2/28/2026 Definite 1225-23942 TX Water Utilities Association Annual School Texas Water Utilities Association 3/1/2026 3/4/2026 Definite 1225-65-43601 TEMA Conference Texas Energy Managers Association 4/20/2026 4/23/2026 Definite 1225-65-31054 Bud Days Parade Pachanga Buccaneer Commission 1 5/1/2026 5/2/2026 Definite 1225-65-31055 Bud Days Parade Pachanga Buccaneer Commission I 4/30/2027 5/1/2027 Definite Page 34 of 41 EXHIBIT C OPERATING BUDGET City of Corpus Christ!- Budget Visitors Original Amended Accou nt Actuals Budget Budget Estimated Proposed Number Accounrt Description 2020-2021 202L-2022 2021-2022 202L-2022 2022-2023 Beginning Balance $ 8,832,813 $ 3,053,775 $ 10,660,901 $ 10,660,901 $ 6,910,209 Revenues: 302350 Special events permits $ 5,000 $ 12,750 $ 12,750 $ 13,700 $ 9,500 311.500 Multicultural Center rentals 32,510 32,845 32,845 17,540 16,765 311510 Heritage Park m aint contract 40,646 22,200 22,200 39,954 42,676 311600 Operating Revenues-Convention Center 2,479,722 2,542,684 2,542,684 2,120,639 2,4601,950 311760 Operating Revenues-Arena 1,714,500 2,002,388 2,002,388 1,800,000 2,699,581 312000 Pavilion rentals 11,465 2,500 2,500 6,550 21,500 360030 HOT Reimbursements 2,499,996 3,000,000 3,000,000 3,000,000 1,000,000 340900 Interest on investments 17,421 5,829 5,829 25,727 137,109 340995 Net Inc/Dec in FV of Investments (1,962) - - - - 341000 Interest earned other than Investments 459 2,990 2,990 1,236 - 344000 Miscellaneous 55 TOTAL REVENUES $ 6,799,791 $ 7,624,186 $ 7,624,186 $ 7,025,345 $ 6,369,281 interfund Charges! 352000 Transfer€rom Arena/General Fund $ 6,680,812 $ 3,723,705 $ 3,723,705 $ 3,723,705 $ 1,043,886 TOTAL INTERFUND CHARGES $ 6,680,812 $ 3,723,705 $ 3,723,705 $ 3,723,705 $ 1,043,886 Total Funds Available $ 22,313,416 $ 14,401,666 $ 22,008,792 $ 21,409,951 $ 14,323,376 Expenditures: 12930 Bayfront Arts&Sciences Park 748,432 978,272 1,068,839 916,412 - 13600 Convention Ctr/Auditorium Ops 4,090,895 4,665,963 4,805,228 4,243,639 4,122,591 13610 Arena Capital 3,571,172 2,282,085 8,333,187 6,051,102 4,231,908 1.3615 Arena-Marketing/Co-Promotion 130,720 650,000 1,540,000 100,000 650,000 13616 Convention Ctr Content Development 20,000 - 125,000 - - 13625 Arena Operations 2,510,674 2,697,641 2,711,145 2,513,401 3,449,479 13710 Cultural Facility Maintenance 164,132 180,420 304,876 275,738 170,647 50010 Uncollectible accounts 3,673 - - - 60010 Transfer to General Fund 229,781 216198 216,198 216,198 236,736 60130 Transfer to Debt Service 183,036 183,252 183,252 1=3,252 182,100 10830 Cash Management - :,99fi 2,990 - TOTAL EXPENDITURES $ 11,652,515 $ s 19,290,717 ? 14,499,742 s 13,043,461 Gross Ending Balance $ 10,660,901 5 2,544,F45 $ 2,718,075 6,910,209 $ 1,279,916 Encumbrances 8,338,226 Net Ending Balance $ 2,302,675 $ 2,=44,045 2,715,075 $ 6,910,209 $ 1,279,916 Note: Funding source is from Convention and Arena operations,as well as transfers from Arena Fund and NOT Fund. Page 35 of 41 City of Corpus Christi - Budget Hotel Occupancy Tax Fund 1030 Original Amended Account Actuals Budget Budget Estimated Prop 0 ed Number IL Account Description 2020-2021 2021-2022 2021-2022 2021-2022 2022-2N023 Beginning Balance $ 2,280,777 $ 1,938,977 $ 5,702,259 $ 5,702,259 $ 4,517,197 Revenues: 300500 Hotel occupancy tax $ 13,834,119 $ 12,752,148 $ 12,752,148 $ 13,492,631 $ 13,491,825 300501 Hotel occ tx-conv exp 3,962,499 3,643,289 3,643,289 3,849,504 3,854,615 300530 Hotel tax penalties-current yr 45,394 36,000 36,000 70,777 60,072 300531 Hotel tx penalties CY-cony exp 12,959 10,285 10,285 19,792 17,163 340900 Interest on Investments 1,568 233 233 13,463 135,256 340995 Net Inc/Dec in FV of Investment (542) TOTAL REVENUES $ 17,855,997 $ 16,441,955 $ 16,441,955 $ 17,446,168 $ 17,558,931 Total Funds Available $ 20,136,774 $ 18,380,932 $ 22,144,214 $ 23,148,427 $ 22,076,128 Expenditures: 11305 Administration $ 107,784 $ 150,000 $ 150,000 $ 136,225 $ 150,000 12930 Bayfront Arts&Sciences Park - - - - 995,537 13010 Special Events - - - - 20,000 13012 Texas Amateur Athletic Federation-Games of Texas 300 250,000 250,000 250,000 - 13013 Museum of Science&History 48,899 550,000 550,000 550,000 550,000 13492 Art Museum of South Tx 350,000 350,000 350,000 350,000 375,000 13495 Botanical Gardens 40,000 65,000 65,000 65,000 70,000 13601 Convention Center 2,499,996 3,000,000 3,000,000 3,000,000 1,000,000 13605 Convention Ctr.Maint 202,911 250,000 347,676 347,676 250,000 13606 Convention Ctr.Capital 514,812 1,275,000 2,573,771 1,298,771 3,275,000 13616 Group Incentive Program(GIP) 228,482 575,000 730,825 575,000 575,000 13616 Seawall Programming - 100,000 100,000 50,000 100,000 13640 Harbor Playhouse - 15,000 15,000 - - 13641 Heritage Park-Historic Tour Guides - 6,000 6,000 - - 13800 Convention promotion 5,299,473 5,570,077 5,570,077 6,386,812 5,933,586 13812 Texas State Aquarium 300,000 300,000 300,000 300,000 310,000 13815 Arts Grants/Projects 17,950 200,000 200,000 200,000 300,000 13816 Multicultural Services Support 358,860 378,318 378,318 378,318 365,084 13817 City Wide Wayfinding - 500,000 500,000 50,000 450,000 13818 North Beach Plaza Historical Signs 6,396 100,000 107,753 92,625 - 13826 Baseball Stadium including Insurance - 175,000 350,000 175,000 358,653 13835 Beach Cleaning(HOT) 1,950,000 1,950,000 1,950,000 1,950,000 1,950,000 15100 Economic Development - 225,000 225,000 201,000 225,000 60010 Transfer to General Fund 166,191 136,715 136,715 136,715 214,668 60130 Transfer to Debt Service 2,342,460 2,138,088 2,138,088 2,138,088 2,097,312 TOTAL EXPENDITURES $ 14,434,515 $ 18,259,198 $ 19,994,224 $ 18,631,230 $ 19,564,840 Gross Ending Balance $ 5,702,259 $ 121,733 $ 2,149,991 $ 4,517,197 $ 2,511,287 Encumbrances 3,682,476 Net Ending Balance $ 2,019,783 $ 121,733 $ 2,149,991 $ 4,517,197 $ 2,511,287 Page 36 of 41 OVG 360 AMERICAN BANK CENTER- CUMULATIVE PRO FORMA OPERATING STATEMENT Number of Events 261 Total Attendence 415,750 Arena Event Revenue $ 2,302,801.00 Convention Center Event Revenue $ 2,304,450.00 Total Event Revenue $ 4,607,252.00 Total Sponsorships&Premium Seating $ 446,280.00 In Kind Revenue $ 297,000.00 TOTAL OPERATING REVENUE $ 5,350,532.00 Indirect Operating Expenses Total Indirect Operating Expenses $ 6,091,752.00 Net Before Management Fee $ (741,221.00) OVG 360 Management Fee $ (144,000.00) OVG Hospitality F&B Annual Fee $ (240,000.00) *Assumpti Net After Management Fee $ (1,125,221.00) Page 37 of 41 EXHIBIT D INSURANCE I. OVG'S LIABILITY INSURANCE A. OVG must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the Owner. OVG must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. OVG must furnish to the Owner'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 Owner's Risk Manager. The Owner must be listed as additional insureds on all applicable policies, except for Workers' Compensation and Crime coverage, by endorsement,or by coverage through a blanket additional insured endorsement offering additional insured coverage as required by written contract. A waiver of subrogation is required on all applicable policies. Endorsements, where blanket coverage is not provided, 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: $5,000,000 Per Occurrence 1. Commercial Broad Form $5,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury Auto Liability Including: $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Worker's Compensation Statutory and complies with Part II of this (All State's Endorsement if OVG is not domiciled Exhibit D. in Texas) Employer's Liability $500,000/$500,000/$500,000 Excess Liability $9,000,000 Per Occurrence $9,000,000 Aggregate Page 38 of 41 Crime/Employee Dishonesty $1,000,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee. Liquor Liability $1,000,000 Combined Single Limit $5,000,000 Aggregate OVG and Any Subcontractors Are Responsible for All Damage to Their Own Equipment or Property C. In the event of accidents of any kind related to this agreement, OVG 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, OVG 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 OVG will be promptly met. B. OVG shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, as an Operating 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. OVG shall be required to submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. OVG shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to Owner at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. OVG agrees that with respect to the above required insurance,General and Liquor liability,Auto Liability, and Excess Liability, are to contain or be endorsed to contain blanket additional insured status to Owner as required by written contract the following required provisions: • List the Owner and its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations, completed operation and activities Page 39 of 41 of, or on behalf of, the named insured performed under contract with the Owner, with the exception of the workers' compensation policy; • Provide coverage on a primary, non-contributory basis; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the Owner; and • Provide 30 calendar days advance written notice directly to Owner of any, cancellation, non- renewal, reduction in coverage below the minimum required herein 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, OVG shall provide a replacement Certificate of Insurance and applicable endorsements to Owner. Owner shall have the option to suspend OVG'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 Owner may have upon OVG's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the Owner shall have the right to order OVG to withhold any payment(s) if any, which become due to OVG hereunder until OVG demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which OVG may be held responsible for payments of damages to persons or property resulting from OVG's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that OVG'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 Contract for Management of American Bank Center 4/6/2022—ALA Legal Dept. Page 40 of 41 FOOD AND BEVERAGE SERVICE AGREEMENT This Food and Beverage Service Agreement (this "Agreement") is made as of the day of September 2022 by and between Ovations Food Services of Texas, LLC, a limited liability company organized under the laws of the State of Texas ("OVG"), and The City of Corpus Christi, Texas, a Texas home-rule municipality ("Owner"). RECITALS WHEREAS, Owner owns a sports and entertainment complex consisting of a 2,500-seat auditorium,a 76,500-sq.foot convention center,and a 10,000-seat multi-purpose arena, currently known as the American Bank Center located at 1901 N. Shoreline Blvd., Corpus Christi,Texas (the"Facility"); and WHEREAS, OVG is in the business of managing and operating food, beverage, novelty and merchandise concessions services and catering services at indoor and outdoor single and multi-purpose facilities; and WHEREAS,Owner desires to grant to OVG the exclusive right and privilege to manage and operate the food, beverage, novelty and merchandise concessions services and catering services at the Facility, except that OVG agrees to allow outside food and beverage sales for the previously booked events as shown in the attached Exhibit B, (the "Excluded Events"); WHEREAS, OVG desires to accept the right and privilege to exclusively manage and operate such concessions and catering services at the Facility, subject to the terms and conditions contained herein; and WHEREAS, Owner and OVG entered into a Food and Beverage Agreement dated June 14, 2022, for the short term provision of food and beverage services at the Facility(the "Short Term Agreement"), and beginning on the Effective Date, this Agreement shall supersede and replace the Short Term Agreement in respect of OVG's provision of food and beverage services as set forth herein. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 DEFINITIONS Capitalized terms used in this Agreement and not defined elsewhere in this Agreement shall have the following meanings: "Agreement" This Food and Beverage Agreement, together with all exhibits attached hereto, each of which are incorporated herein as an integral part of this Agreement. "Buyout Amount" shall have the meaning given to such term in Section 3.2 of this Agreement. "Capital Improvements" Permanent improvements to the Facility, including any construction as defined by Texas Labor Code §406.096 and replacement of permanent structures and their components. Capital Improvements include any work that requires the use of an architect or an engineer in accordance with the Texas Occupations Code. This definition includes the remodel, replacement, or alteration of permanent improvements at the Facility, and any repair of any piece of equipment, structure, or other item that costs in excess of$50,000, but does not include routine, day-to-day maintenance and repair. "Food and Beverage Areas" shall have the meaning given to such term in Section 2.1(b) hereof. "Food and Beverage Fee" shall mean 7%of Gross Receipts. "Food and Beverage Services" shall mean the business of managing and providing (or causing to be provided) food, food products, candy, non-alcoholic and alcoholic beverages, novelties, souvenirs and merchandise in the concession areas, seating bowl, picnic areas, luxury boxes, restaurants, lounges, banquet rooms, catering areas, and all other areas of the Facility. For the sake of clarity, Food and Beverage Services shall include all food and beverage concessions and catering services at the Facility. "General Manager" shall have the meaning given to such term in Section 5.1(b) hereof. "Gross Receipts" shall mean the total of all amounts received by OVG from the operation of the Food and Beverage Services, including the management charge, any service charges and gratuities, whether such amounts are evidenced by cash, check, credit, charge account, exchange or otherwise, less only retail sales taxes and other direct taxes imposed upon receipts collected from the consumer. Gross Receipts shall include amounts received from the sale of goods at the Facility as well as amounts received from orders taken or received at the Facility(regardless of where such orders are filled). "Improvements and Equipment" shall have the meaning given to such term in Section 3.2 of this Agreement. "Initial Investment" shall have the meaning given to such term in Section 3.2 of this Agreement. "Losses" shall have the meaning given to such term in Section 10.1 hereof. Management-Level Employees: The General Manager, Head/Executive Chef(or employees with different titles performing similar functions), and any department head employed by OVG to perform managerial Food and Beverage Services at the Facility. "Merchandise"shall mean all non-edible souvenirs, novelties,articles of clothing and publications sold at the Facility. "Monthly Accounting Period" shall mean each approximately 4 week period during the Term ending on the last Wednesday of each month. "Operating Account" shall have the meaning given to such term in Section 9.1 hereof. Page 2 of 29 "Operating Expenses" shall mean the cost to OVG of the sale of food and beverage and Merchandise items and the performance of OVG's duties under this Agreement, including without limitation (i) personnel and payroll costs, including applicable taxes, benefits, relocation costs,severance, and bonuses with respect to all on-site management, administrative staff, independent contractors, consultants and all other on-site employees,, (ii) product costs, (iii)cost of permits and licenses, including without limitation the cost of securing all alcohol permits and licenses,(iv)all taxes paid by OVG hereunder on the sale of concession items, as described in Section 9.3 below, (v) equipment rental costs, (vi)cost of equipment repairs and maintenance performed by OVG or a contractor of OVG, (vii) insurance costs to the extent they are required by OVG specifically for this Agreement (which shall be allocated by OVG to the Facility in a reasonable and equitable fashion) and bonding costs, including, without limitation, the cost of premiums, and the cost of any coverage deductibles, coinsurance penalties or self-insured retentions, (viii)office supplies, printing costs and postage, (ix)telephone charges, (x)cost of utilities, (xi) cost of cleaning supplies and pest control, (xii) laundry costs, (xiii) armored car and other vehicle expenses, (xiv) legal, accounting, accounts payable processing and audit fees, (xv)cost of serviceware and paper supplies, (xvi) trash removal costs, (xvii) dues, subscriptions and membership fees, (xviii) travel, food and lodging costs, (xix) security expenses, (xx)computer costs, (xxi) uniform costs, (xxii)advertising and marketing costs, (xxiii) cost of ice, (xxiv) payments to sub-contractors engaged by OVG hereunder, (xxv) decorating costs, (xxvi) bank charges, (xxvii) temporary housing and relocation expense (xxviii) employment agency fees, (xxix) bad debt expense, (xxx) PCI-DSS compliance costs; (xxxi)time and labor management system costs, and (xxxii) any other miscellaneous expenses related to the foregoing. The parties specifically acknowledge that the term "Operating Expenses" shall not include capital expenditures, debt service, and any expenses incurred in order to provide an initial inventory of food and beverage serviceware and/or equipment,the cost and expenses for which shall be borne solely by Owner (or if paid for by OVG, shall be reimbursed to OVG by Owner upon submission of invoice or otherwise as specifically set forth herein). "Renewal Investment" shall have the meaning given to such term in Section 3.2 of this Agreement. "Shortfall" shall have the meaning given to such term in Section 9.2 hereof. "Short Term Agreement" shall have the meaning given to such term in the recitals of this Agreement. "Term" shall have the meaning given to such term in Section 4.1 hereof. "Upgrades" New, updated equipment and replacement of any non-permanent improvements to the Facility. This definition does not include routine, day-to-day maintenance and repair. Page 3 of 29 ARTICLE 2 GRANT OF RIGHTS; SCOPE OF SERVICES Section 2.1 Concession Services. (a) Owner hereby grants to OVG the exclusive right and privilege to provide Food and Beverage Services at the Facility, except that OVG agrees to allow outside food and beverage sales for Excluded Events. OVG covenants and agrees to exercise the full Food and Beverage Services rights granted hereunder at all events in the Facility in such manner and with such number of personnel as are necessary to provide adequate supplies and service of the food, beverage and other products described herein to patrons of the Facility. Owner agrees that it will not, without the prior written consent of OVG, grant to any party other than OVG or a sub-contractor mutually agreed by Owner and OVG, the right to perform any Food and Beverage Services at or upon the Facility. The exclusive right to provide Food and Beverage services shall not prevent or prohibit an exhibitor from distributing without charge a sample portion of the type of food or Merchandise manufactured and distributed in the normal course of the exhibitor's business, or from selling food items intended for consumption off the premises. (b) In connection with the foregoing grant of exclusive rights to provide services, Owner hereby grants to OVG the exclusive use the concession stands, souvenir and gift shops, novelty stands, customer serving locations,food preparation areas,vendor commissaries, kitchen and warehouse facilities, and other areas related to the foregoing and/or reasonably required by OVG to perform the Food and Beverage Services at the Facility("Food and Beverage Areas"),together with the improvements, equipment, and personal property upon or within such areas, along with the non-exclusive right to use the concourses,spectator seating areas, parking areas,common areas, loading areas,walkways,and other public areas of the Facility, solely for the purpose of providing Food and Beverage Services. OVG agrees to operate the Food and Beverage Areas with respect to all events at the Facility, during hours as may be reasonably requested by Owner to adequately meet public demand. (c) Prior to the Effective Date, Operator shall, at no cost to OVG, provide for use by OVG a turnkey operation for the provision of Food and Beverage Services, equipped with equipment, smallwares, and other tools of the trade reasonably required by OVG to provide the Food and Beverage Services at the level required by this Agreement. Section 2.2 Performance Measures. In performing its obligations hereunder, OVG agrees to be evaluated based on the performance measures 1 through 3 listed in Exhibit A (the "Performance Measures"). OVG agrees that, during each Operating Year, it will use commercially reasonable efforts, subject in all instances to Owner's continued performance hereunder (including, without limitation, funding a mutually agreed Operating Budget, each Operating Year) to meet the Performance Measures as mutually agreed by Owner and OVG during the budget process each Operating Year. For purposes of Performance Measures 1 and 3, OVG will be considered to have met that goal if it achieves at least 80% of the stated number or dollar amount. If OVG fails to meet at least two of the three Performance Measures in any Operating Year, and such failure is not due in whole or in party to Force Majeure or any other cause reasonably outside of OVG's control,the Owner may provide written notice to OVG outlining with reasonable detail and substantiation any missed Performance Measures within 90 days of the end of such Operating Year(a"Notice of Underperformance")with such notice to include an outline of how OVG Page 4 of 29 may improve its performance under such Performance Measures during the following Operating Year. If, during such following Operating Year OVG again fails to meet at least two of the three Performance Measures,the City may terminate this Agreement in accordance with and subject to Section 4.2(d) below. ARTICLE 3 COMPENSATION; PAYMENT TERMS; INVESTMENT; BUDGET Section 3.1 Fees. (a) As consideration for the performance by OVG of its duties hereunder, OVG shall be entitled to the Food and Beverage Fee, which amount shall be paid to OVG on a monthly basis as set forth in Section 3.1(b) below. (b) On or about the 20" day following the end of each Monthly Accounting Period, OVG shall remit to Owner the Gross Receipts remaining following deduction by OVG of Operating Expenses,the Food and Beverage Fee, any Shortfall advanced by OVG pursuant to Section 9.2 below, and any other amounts due to OVG hereunder) from such Monthly Accounting Period, together with the statements described in Section 9.3 below. Section 3.2 OVG Investment. During the Initial Term, OVG will make a capital contribution of up to US $600,000 (the "Initial Investment") in connection with various improvements and investments at the Facility as mutually agreed by the parties, including without limitation, for equipment and other related tangible personal property (collectively,the "Improvements and Equipment"). If this Agreement is extended for the Renewal Term, OVG will, during the Renewal Term, invest an additional total of up to US $250,000 (the "Renewal Investment" and, as and if applicable, together with the Initial Investment the "Investment") in connection with various additional Improvements and Equipment at the Facility, as mutually agreed by the parties.The Initial Investment shall be amortized on a straight-line, monthly basis over 120-month period commencing on the Effective Date. The Renewal Investment (if applicable) shall be amortized on a straight-line, monthly basis over a 60-month period beginning on the first date of the Renewal Term. All Improvements and Equipment, including any replacements or substitutions thereof, shall be owned by OVG until payment of the Buyout Amount (as described below), and Owner agrees to execute such documents as OVG shall reasonably request evidencing OVG's ownership interest in such Improvements and Equipment, including financing statements, so long as all documents are in a form reasonably approved by the Owner's City Attorney. For the sake of clarity, nothing in this paragraph shall be construed as requiring OVG to replace any equipment or other personal property at its own cost. Section 3.3 Buyout Amount. Within 30 days of the expiration of early termination of this Agreement (for any reason whatsoever, including without limitation if due to a breach, default, or bankruptcy event by or affecting OVG), Owner shall immediately pay to OVG the unamortized amount of the Investment (the "Buyout Amount"). In the event that Owner fails to pay OVG the Buyout Amount when due, the Buyout Amount shall accrue interest in accordance with the Texas Prompt Payment Act. In such event, and without limiting any other rights or remedies available to it, OVG may reenter the Facility, with or without process of law, and remove in a commercially reasonably manner any portion of the Improvements and Equipment and retain or dispose of such Improvements and Equipment as OVG sees fit. In such event, OVG shall retain its right to receive the Buyout Amount, but any proceeds from Page 5 of 29 the sale of such Improvements and Equipment, less the cost to OVG of removing, storing, and selling such Improvements and Equipment, shall reduce the Buyout Amount. Owner covenants and agrees not to permit any liens or encumbrances to attach to the Improvements and Equipment purchased with the Investment, and hereby waives any right to attach any claim, lien, or attachment to such Improvements and Equipment. Once the Investment is fully amortized or the Buyout Amount is paid in full to OVG,title to the Improvements and Equipment will become vested in Owner, and OVG agrees to execute all necessary documents to evidence same. The rights of OVG set forth in this Section shall be in addition to any other rights of OVG at law or in equity. Section 3.4 Procurement Process.Once identified,the specific Improvements and Equipment shall be set forth in a writing to be signed by the parties and updated by the parties from time to time as necessary to reflect any replacements or substitutions thereof. The parties shall mutually agree on a procurement process in connection with the specific Improvements and Equipment to be purchased and Owner represents that such process and OVG's disbursement of the Investment in compliance therewith will comply with all applicable laws, rules, and regulations, including without limitation any state-specific procurement guidelines applicable to Owner. Section 3.5 Establishment of Operating Budget. Attached hereto as Exhibit D is the Operating Budget for the first Operating Year, which Operating Budget is hereby approved by both OVG and Owner. OVG agrees that it will work with the Owner in setting the Operating Budget each year and that, at least 120 days prior to the commencement of each subsequent Operating Year in respect of such year, it will prepare and submit to Owner its proposed Operating Budget for such Operating Year, except that,so long as OVG is in communication with the Owner regarding its Operating Budget, it will not be in default under this Agreement if it does not provide a full and complete proposed Operating Budget by the deadline. Each annual Operating Budget shall include OVG's good faith projection of Gross Receipts and Operating Expenses, presented on a monthly and annual basis, for the upcoming Operating Year. Owner agrees to provide OVG with all information in its possession necessary to enable OVG to prepare each Operating Budget. Section 3.6 Approval of Operating Budget. Each annual Operating Budget shall be subject to the review and approval of Owner's City Council and/or the Corpus Christi Business and Job Development Board (the "Type A Board") in its sole discretion. In order for Owner to fully evaluate and analyze such budgets or any other request by OVG relating to income and expenses, OVG agrees to provide to Owner such reasonable financial information relating to the Facility as may be requested by Owner from time to time. If events occur during any Operating Year that could not reasonably be contemplated at the time the corresponding Operating Budget was prepared, OVG may submit an amendment to such budget for review and approval by Owner's City Council and/or the Type A Board. Owner agrees to present the requested items to the City Council and Type A Board, but cannot guarantee approval of the funding by either governing body. If Owner's City Council or Type A Board fails to approve any annual Operating Budget (or any proposed amendment thereto), then, to the extent such governing body provided reasoning for the action, Owner shall promptly provide OVG the specific reasons therefor and its suggested modifications to OVG's proposed Operating Budget or amendment in order to make it acceptable. OVG will not be responsible for any failure to perform to the extent such failure is directly related to a failure of the Owner's City Council or Type A Board to approve a requested amendment to the Operating Budget. Page 6 of 29 Section 3.7 Adherence to Operating Budget. OVG shall use all reasonable efforts to manage and operate the Facility in accordance with the Operating Budget. However, Owner acknowledges that notwithstanding OVG's experience and expertise in relation to the operation of facilities similar to the Facility, the projections contained in the Operating Budget are subject to and may be affected by changes in financial, economic and other conditions and circumstances beyond OVG's control, and that OVG shall have no liability if the numbers within the Operating Budget are not achieved. Any variances that require appropriation of additional funds require a budget amendment, which could require approval of both the Owner's City Council and the Type A Board; provided Owner will promptly present such requested appropriations to the City Council and/or the Type A Board, and ensure that to the extent modifications are needed, it shall attempt to identify available funding to accommodate such modifications. OVG will not be responsible for any failure to perform to the extent such failure is directly related to a failure of the Owner's City Council or Type A Board to approve a requested amendment to the Operating Budget. ARTICLE 4 TERM;TERMINATION Section 4.1 Term; Renewal. The term of this Agreement shall begin effective October 1, 2022 ("Effective Date") and conclude on September 30, 2027 (the "Initial Term"). Owner shall have the right to extend this Agreement for an additional 5-year period beginning October 1, 2027 and ending September 30, 2032 (the "Renewal Term") by providing written notice to OVG on or before March 1, 2027. The Initial Term, together with the Renewal Term (as applicable) shall be referred to herein as the "Term." Section 4.2 Termination. This Agreement may be terminated: (a) by either party upon 30 days written notice, if the other party fails to perform or comply with any of the material terms, covenants, agreements or conditions hereof, and such failure is not cured during such 30 day notification period, provided, however, if such failure cannot reasonably be cured within such 30 day period,then a longer period of time shall be afforded to cure such breach, up to a total of 90 days, provided that the party in default is diligently seeking a cure and the non-defaulting party is not irreparably harmed by the extension of the cure period; (b) by either party immediately by written notice upon the other party beingjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of the other party shall be appointed and shall not be discharged within 120 days after appointment, or if either party shall make an assignment of its property for the benefit of creditors or shall file a voluntary petition in bankruptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or insolvency Laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition shall be filed against either party and shall not be dismissed within 120 days after such filing; (c) by Owner upon 30 days written notice, and subject to payment of the Buyout Amount prior to the effective date of termination, if during any fiscal year, Owner fails to allocate appropriate funds sufficient to fund the full Operating Budget for the following fiscal year; provided if such funds are Page 7 of 29 subsequently allocated within 60 days following such termination, then such termination right shall be voided, and the Agreement shall remain in full force and effect; (d) by Owner upon 120 days written notice, and subject to payment of the Buyout Amount prior to the effective date of termination if OVG fails to meet the requisite Performance Measures during at least 2 consecutive Operating Years, as set forth in Section 2.2; provided that Owner must exercise such right within 6 months of the conclusion of the second Operating Year or shall be deemed to have waived such right; or (e) as otherwise specifically provided for herein. 4.3 Effect of Termination. Upon expiration or termination of this Agreement, for any reason, the following shall apply: (a) OVG shall promptly discontinue the performance of all services hereunder, and make available to Owner all data, electronic files, documents, procedures, reports, estimates, summaries, and other such information and materials with respect to the Facility as may have been accumulated by OVG in performing its obligations hereunder, provided that (i) OVG shall own and may retain all employment files/records relating to employees of OVG during the Term, and (ii)OVG may retain copies of all materials pertinent to its operation of the Facility during the Term, such as materials documenting its performance and those relating to claims or potential claims that have been or may be asserted related to OVG's operation of the Facility, including contracts and event incident reports. (b) Owner shall promptly pay OVG (i) all fees due OVG up to the date of termination or expiration, including the Food and Beverage Fee through the last month in which OVG provides services; and (ii) all Operating Expenses incurred by OVG through the end of the Term that have not previously been paid by Owner or reimbursed to OVG, including the cost of accrued but unused vacation time to the extent due under OVG's policies to any employees whose employment is ceasing with OVG as a result of expiration or termination of this Agreement. (c) Owner shall reimburse OVG for any actual ordinary and necessary expenses incurred by OVG in withdrawing from the provision of services hereunder following such termination. Such ordinary and necessary expenses shall include,without limitation,the following: (i)to the extent any Management- Level Employee's employment with OVG will cease as a result of the termination or expiration of this Agreement, Owner shall reimburse OVG for any severance paid to such employees, not to exceed 4 months per employee, and (ii) other reasonable costs actually incurred by OVG in withdrawing from the provision of services hereunder. Owner's payment of such expenses will occur only after OVG has provided reasonable evidence of the incurrence of such expenses. (d) Owner shall pay to OVG, unconditionally and without set-off, the Buyout Amount as further described in Section 3.2. Page 8 of 29 ARTICLE 5 PERSONNEL Section 5.1 Generally. (a) OVG shall employ, train and supervise personnel with appropriate qualifications and experience, in sufficient number to provide all the services appropriate for the duties of such party to be performed under this Agreement. All such personnel shall be employees, agents or independent contractors of OVG (or a subsidiary or affiliate thereof), as applicable, and not of Owner. OVG shall select the number, function, qualifications, and compensation, including salary and benefits, of its employees and shall control the terms and conditions of employment relating to such employees. OVG agrees to use reasonable and prudent judgment in the selection and supervision of such personnel, and shall strive to employ persons who are courteous and efficient, and who will not use improper language or act in a loud or boisterous manner while performing duties at the Facility. OVG agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, religion, color, sex, disability, national origin, ancestry, physical handicap, or age. Except as specifically set forth in Section 5.1(b) below,owner shall have no right to supervise or direct the hiring or firing of any such personnel. (b) OVG shall employ as part of its personnel at the Facility an individual with managerial experience to serve as a full-time general manager of Food and Beverage Services ("General Manager"). Hiring of the General Manager by OVG shall require the prior approval of Owner, which approval shall not be unreasonably withheld or delayed. The General Manager will have general supervisory responsibility for OVG at the Facility and will be responsible for day-to-day operations of the Food and Beverage Services, supervision of OVG employees, and management and coordination of all activities associated with the Food and Beverage Services. (c) OVG shall ensure that its non-management employees performing the duties of OVG at the Facility shall be neatly attired in clean,commercially-attractive uniforms which shall be subject to the approval of Owner. OVG shall train all such employees so that they are aware of the high standards for cleanliness, courtesy and service required by OVG. (d) All personnel engaged by OVG to work at the Facility shall be admitted to the Facility without payment of any admission fee, at an entrance to be designated by Owner. All such personnel shall have the right to park at the Facility without charge in areas designated by Owner. Section 5.2 Non-Solicitation. During the Term and for a period of one (1) year after the end of the Term, Owner and its affiliates shall not, without the prior written consent of OVG, solicit for employment by Owner, or encourage to cease rendering services to OVG, any Management-Level Employee of OVG with whom Owner has had dealings by virtue of the engagement of OVG hereunder. In the event of a breach of this provision, OVG will be entitled (in addition to any other rights and remedies which OVG may have at law or in equity, including money damages) to equitable relief, including an injunction to enjoin and restrain Owner from continuing such breach. Notwithstanding the foregoing,the Parties acknowledge and agree that this Agreement will not prohibit non-targeted solicitations through advertising or other publications of general circulation and employment resulting thereof. Page 9 of 29 ARTICLE 6 INVENTORY; EQUIPMENT; SPONSORSHIPS; UTILITIES; PCI COMPLIANCE Section 6.1 Inventory. OVG shall order,stock, prepare, pay for and sell quality food, beverage and other concession and catering products. Consumables shall be first quality, wholesome and pure, and all food and beverage and Merchandise on hand shall be stored and handled with due regard for sanitation. OVG shall have sufficient amounts of product prepared and an inventory on the premises so as not to run out of product during an event at the Facility. For the avoidance of doubt, OVG may retain any and all benefit derived from any rebates associated with its purchase of food, beverage and other concession and catering products during the Term. During all events at the Facility, OVG shall post signs and provide menus displaying the prices of items offered for sale. Such signs and menus shall be subject to the reasonable approval of Owner. At the end of the Term, Owner shall purchase (or shall require the successor food and beverage company at the Facility to purchase) from OVG any remaining food and beverage, and consumable goods(e.g.,cups, napkins,etc.), inventory on hand at the Facility,for the price paid by OVG for such inventory, as evidence by written invoices or receipts. Notwithstanding the foregoing,Owner shall not be obligated to purchase(or to have the successor food and beverage manager purchase) any such inventory that is branded with the OVG name or logo, or to the extent purchase thereof would be in violation of applicable law. Additionally, the City or its successor food and beverage manager will not be required to purchase any inventory or other items that were purchased as Operating Expenses or paid for out of the Operating Account. Section 6.2 Brands/Prices. The brands and price of all products sold by OVG shall be determined by OVG, subject to the reasonable approval of Owner. Provided price, quality, market acceptability, service and other terms are generally competitive, OVG agrees to give preference to and feature at the Facility suppliers of products designated by Owner who purchase advertising from Owner (or, if applicable, an agent or licensee of Owner) so long as the giving of such preference does not violate applicable laws, rules or regulations and the features of such product and terms of such transaction are reasonable (as determined by OVG in its sole discretion). Section 6.3 Equipment. OVG shall have the right to use during the Term, all equipment owned or controlled by Owner existing within the Food and Beverage Areas as of the date hereof and/or subsequently added by Owner or OVG to such areas during the Term. Owner represents that all such equipment is in good working order (unless otherwise disclosed by Owner), and OVG agrees to exercise reasonable care when using such equipment, so as to avoid any damage to such equipment. Any equipment, whether purchased by Owner, OVG, or an agent of the Owner will remain the property of Owner. Section 6.4 Utilities. Owner,or Owner's agent managing the Facility, shall provide to OVG all utilities necessary for OVG's operation of the Food and Beverage Services(e.g., electricity,gas and water). Section 6.5 PCI Data Security Standards Compliance. For Payment Card Industry Data Security Standards ("PCI-DSS") compliance purposes, Owner will provide, on a segmented network, an appropriate number of wired data connections to the Internet for OVG's Point of Sale ("POS") devices. Page 10 of 29 Owner shall be responsible for the security of its network, including, without limitation, applicable PCI- DSS compliance. To the extent provided for in the Investment,OVG shall be responsible for procuring and installing POS payment systems that are compliant with the latest PCI-DSS requirements. A POS payment system may include, but is not limited to, POS terminals, payment card swipers, on-premise servers, and additional network hardware. OVG shall be responsible for the PCI-DSS compliance of its POS systems. OVG will work with the City's IT Department to confirm that all equipment and software complies with the City's security requirements. Section 6.6 Food Voucher. OVG agrees to use best efforts to provide a $500 food voucher for every event the Owner attends at the Facility for use within a designated premium seating location as agreed between the parties. The parties agree that the cost of food and beverage subject to the voucher will be an Operating Expense only at cost, with no markup. ARTICLE 7 MAINTENANCE; CAPITAL IMPROVEMENTS; SALE OF PROPERTY Section 7.1 Maintenance; Sanitation. (a) OVG shall perform minor, routine servicing on all fixtures, equipment, furniture and other property installed, furnished or supplied by or for the benefit of OVG so that such items are kept in good order and repair, except that for any repair that has an aggregate cost in excess of$1,200, if funding is not available in the current Operating Budget, OVG may seek funding from Owner and will not be obligated to complete such work unless and until such funding is made available to OVG,and anyfailure of OVG to perform as a result of thereof shall not be deemed a default hereunder. OVG shall further make all necessary repairs thereto, provided that any Capital Improvements and Upgrades will be handled in accordance with Section 7.2, 7.3, and 7.4. (b) OVG will maintain the Food and Beverage Areas in a clean and neat condition by cleaning, on a day-to-day basis, the interiors of the Food and Beverage Areas and bars, concession stands and vending stations under its control at the Facility (and within a 5-foot perimeter of such stands and stations). OVG shall further clean, as needed, the walls, windows, ceilings, light fixtures and equipment located within the Food and Beverage Areas. OVG shall deposit in receptacles provided by Owner's management agent for the Facility all waste, garbage and refuse which shall accumulate in the Food and Beverage Areas. OVG shall also provide extermination services as may be necessary for the Food and Beverage Areas. (c) OVG shall comply with and observe all federal, state and local laws, ordinances and regulations as to sanitation and the purity of food and beverages or otherwise relating to its operations under this Agreement. Section 7.2 Schedule of Capital Improvements and Upgrades. OVG shall provide to Owner a schedule of proposed Capital Improvements and Upgrades (including any Improvements and Equipment to be purchased with the Investment) to be made at the Facility by February 1 of each year, for the Page 11 of 29 purpose of allowing Owner to consider such projects and to prepare and update a long-range Capital Improvement budget. Section 7.3 Responsibility for Capital Improvements. Owner shall be solely responsible for all Capital Improvements at the Facility; provided, however, Owner shall be under no obligation to make any Capital Improvements proposed by OVG, and provided further that OVG shall have no liability for any claims, costs or damages arising out of a failure by Owner to make any Capital Improvements. OVG may not make any Capital Improvements to the building without specific authorization from the Owner. Section 7.4 Responsibility for Upgrades. In accordance with the terms of the Owner's separate management agreement with its management contractor, Owner and/or Owner's management contractor will have the responsibility to complete Upgrades at the Facility, provided, however, that neither Owner or Owner's management contractor shall be under obligation to complete or procure any Upgrades proposed by OVG, and provided further that OVG shall have no liability for any claims, costs or damages arising out of a failure by Owner and/or Owner's management contractorto complete or procure any Upgrades. OVG may not make or procure any Upgrades without specific authorization from the Owner. Section 7.5 Sale of Obsolete or Unusable Equipment and Machinery. If OVG determines that any equipment, machinery, or other item of Owner's property at the Facility is no longer of use to the Facility, OVG shall provide a memo to the Owner detailing the desire to sell the equipment, machinery, or other item, stating the apparent value of the equipment, machinery, or other item, and detailing the proposed method of sale. In all events, OVG must adopt a method of sale that is consistent with City of Corpus Christi Code of Ordinances §17-6. OVG may not sell any of Owner's property without explicit permission of the Owner. In selling property, OVG will use its best efforts to get the best price for the property. Proceeds from any sale of Owner's property must be deposited in the Operating Account. Revenue from sale of Owner's property will not be included in the calculation of Gross Receipts for purposes of calculating the Food and Beverage Fee,except that any revenue in excess of fair market value (with such value to be mutually agreed by the parties) shall be included in Gross Receipts for purposes of the Food and Beverage Fee calculation. ARTICLE 8 LICENSES;ALCOHOLIC BEVERAGES;TAXES Section 8.1 Permits and Licenses. OVG shall use reasonable commercial efforts to secure and maintain throughout the Term all licenses and permits necessary for the operation of the Food and Beverage Services, including those required for the sale of alcoholic beverages at the Facility. Owner shall cooperate with OVG in connection with filing applications for, and securing and maintaining in good standing, any and all licenses and permits and renewals thereof needed by OVG to fulfill its obligations hereunder. Section 8.2 Alcoholic Beverages. In connection with the sale of alcoholic beverages hereunder by OVG, OVG agrees to strictly comply with the laws of the state where the Facility is located regarding the sale of such beverages to minors. OVG agrees to adopt an identification policy to verify the Page 12 of 29 age of potential purchasers of alcoholic beverages. OVG further agrees that it will endeavor not to sell alcoholic beverages to customers who are visibly intoxicated. OVG will institute and conduct training programs for OVG employees at the Facility on the proper standards to use to avoid selling alcoholic beverages to customers who are or who appear to be intoxicated. Section 8.3 Taxes. OVG shall collect and pay all taxes imposed upon the sale of concession items hereunder, as required by Federal,State or local law. OVG shall be responsible for and pay all social security, unemployment insurance, old age retirement and other federal and state taxes that are measured by the wages, salaries, or other remuneration paid to persons employed by OVG. Owner shall be responsible for any and all possessory interest or leasehold taxes which may be levied or are in effect during the Term, which shall be treated as an Operating Expense, and which will be paid by OVG as directed by Owner. ARTICLE 9 OPERATING ACCOUNT; REPORTING;TEXAS PUBLIC INFORMATION ACT Section 9.1 Establishment of Operating Account. OVG shall establish and maintain, in its name, separate commercial bank account(s) for the Facility ("Operating Account") and shall deposit all Gross Receipts in such account. Section 9.2 Payment of Expenses; Shortfall. OVG shall pay all Operating Expenses from the Gross Receipts generated under this Agreement. In the event at anytime during the Term,Gross Receipts are insufficient to cover agreed and approved Operating Expenses consistent with the annually-approved Operating Budget as may be amended (a "Shortfall"), OVG may at its option and in its sole discretion from time to time, either (i) advance its own funds to cover such Shortfall, in which case OVG shall be reimbursed from the first dollars otherwise due and owing to the Owner under Section 3.1 of this Agreement, or (ii) notify Owner of such Shortfall in which case Owner shall be required, within 30 days of receiving such notice, to pay to OVG sufficient funds to cover such Shortfall until it is anticipated that no further Shortfall shall exist, so long as Owner has funds available and appropriated to be used for this purpose.Any advances made by OVG that remain outstanding at the end of the Term shall be paid to OVG within 5 days of the end of the Term and, if not paid when due, shall accrue interest in accordance with the Texas Prompt Payment Act. OVG shall be entitled to offset any amounts owing to it by Owner hereunder against any amounts otherwise payable to Owner under this Agreement. For the avoidance of doubt, the parties agree that any Shortfalls (otherwise known as net losses) shall be the responsibility of Owner and not OVG. Section 9.3 Books and Records. OVG agrees to maintain separate and independent books and records, in accordance with generally accepted accounting principles, relating to its operations in connection with its management of the Food and Beverage Services, as applicable. Such books and records shall contain documentation regarding the deposit of all Gross Receipts in the Operating Account, and the incurrence by OVG of all Operating Expenses, including copies of invoices of all products and materials purchased by OVG hereunder, and copies of payroll summaries, deposit receipts and bank statements relating to the Operating Account. Owner or its designee shall have the right to inspect such books and records from time to time upon reasonable notice during the ordinary business hours of OVG. Page 13 of 29 Section 9.4 Financial Reports. OVG shall provide to Owner, within twenty(20)days following the end of each Monthly Accounting Period,financial reports regarding its provision of Food and Beverage Services during such Monthly Accounting Period, including a statement showing Gross Receipts and Operating Expenses for the applicable period. Additionally, OVG shall provide to Owner, within 24 hours following each event at the Facility, a daily Gross Receipts report in a form to be mutually agreed upon. Section 9.5 Audit. OVG shall cooperate with the Owner's management contractor in the preparation of the portion of its annual audit related to the Facility and provide access to any and all financial records necessary to finalize that audit. Not more than once each calendar year, Owner shall have the right, at its sole cost, to engage an independent third party to audit the books and records of OVG for the preceding 12-month period,for the purpose of confirming that the amounts remitted by OVG to Owner hereunder are the proper amounts due Owner. Such audit shall be completed by Owner or its representatives at OVG's corporate office, on reasonable advance notice to OVG, and on dates and times mutually agreed to by the parties. In the event such audit reveals any underpayment to Owner,OVG shall promptly pay to Owner the amount of such deficiency. If such audit reveals any overpayment to Owner, Owner shall promptly pay to OVG the amount of such overpayment Section 9.6 Texas Public Information Act. OVG acknowledges that, under current law, it is subject to the Texas Public Information Act, Chapter 552, Texas Government Code (the "Open Records Act"). Specifically, OVG understands that the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and agrees that the Agreement can be terminated if OVG knowingly or intentionally fails to comply with a requirement of that subchapter. If OVG receives a request under the Open Records Act for any information pertaining to the Facility or Owner, in connection with this Agreement or the services to be provided hereunder (including, without limitation, with respect to any personnel files or the management by OVG of their accounts and accounting and legal services or in connection with any of the food and beverage operations of the Facility), prior to releasing any information, OVG shall notify Owner of such request in writing within 5 business days of receipt of such request, in which case it shall promptly and timely inform Owner if any of the requested information might constitute confidential, proprietary or trade secret information of Owner and/or OVG which may be exempted from disclosure under the Open Records Act, and further shall notify Owner in writing whether OVG intends to request a determination from the Texas Attorney General as to whether the requested information must be disclosed pursuant to the Open Records Act. If OVG decides to seek an open records determination from the Texas Attorney General as to whether the requested information is excepted from public disclosure, OVG must seek an Attorney General decision ("Open Records Determination") to the extent and within the deadlines required by law. OVG must also identify any possible third party whose privacy or property interests may be involved, and they will, to the extent OVG determines appropriate, timely furnish to any such third party any statutory notice required by the Open Records Act. Further, should Owner receive a request for disclosure of information in its possession related to OVG or its services under this Agreement pursuant to the Open Records Act, Owner will promptly provide OVG notice of such request in accordance with Section 552.305 of the Texas Government Code so that OVG may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such information.The burden of establishing the applicability of exceptions to the disclosure of confidential information under the Open Records Act resides with OVG.Should OVG be unable to establish Page 14 of 29 a valid exception from disclosure or exclusion from the Open Records Act, then Owner may release the information, solely to the extent necessary to comply with the Open Records Act. Section 9.6 Attendance at Open Meetings. OVG acknowledges that Owner is subject to the Texas Open Meetings Act and that the funding for activities at the Facility may come from multiple different sources that require OVG's attendance at public meetings. Upon Owner's request, and provided that such request is made with reasonable notice, OVG agrees that its Management-Level Employees will attend meetings of the City Council,the Corpus Christi Business and Job Development Board (the"Type A Board"), and other City boards and commissions to discuss activities at the Facility and make budget or funding requests as reasonably requested and noticed in advance; provided that to the extent any Management-Level Employee is unavailable for such meetings the parties shall agree on such other employees to attend. Further, OVG agrees not to engage with a quorum of any City governing body, including the City Council and the Type A Board, outside of any properly posted open meeting. In the event that OVG is contacted by a City Council member or a member of the Type A Board or any other City Board regarding the terms of this Agreement or requesting a formal meeting, OVG will direct the person to contact the Owner. ARTICLE 10 INDEMNIFICATION Section 10.1 Indemnification by OVG. OVG agrees to defend, indemnify and hold harmless Owner, its parents, subsidiaries and affiliates, and their respective successors and assigns, and all agents, employees, directors, officers and partners of the foregoing, against any third-party claims, causes of action, costs, expenses (including reasonable attorneys' fees) liabilities, or damages (collectively,"Losses")suffered by such parties, arising out of or in connection with any(i) negligent act or omission, or intentional misconduct, on the part of OVG or any of its employees or agents in the performance of its obligations under this Agreement,or(ii)breach by OVG of any of its representations, covenants or agreements made herein; provided that the foregoing indemnity shall not apply for any Losses arising out of or relating to Owner's negligence,gross negligence,or willful misconduct,violation of any law, rules or regulation, or a condition of the Facility not solely caused by OVG. This indemnification specifically applies to liability related to the sale of alcohol which is otherwise covered by the foregoing. Section 10.2 Conditions to Indemnification. The party seeking indemnification shall give prompt written notice to the other party of each third-party claim giving rise to an indemnification obligation under this Agreement (and in any event not more than 10 business days after any third-party litigation is commenced asserting the claim giving rise to an indemnification obligation hereunder), specifying the amount and nature of any such claim. The party seeking indemnification shall not settle or compromise any claim by a third party for which it is entitled to indemnification hereunder without the prior written consent of the indemnifying party, which consent shall not be unreasonably withheld. The party seeking indemnification shall cooperate in the indemnifying party's defense of such claim at the sole cost of the indemnifying party. Page 15 of 29 Section 10.3 Limitation on Indemnity. To the extent that OVG maintains the required insurance for the term of the Agreement and the insurance complies with all of the City's requirements in Section 11.1 and Exhibit C, OVG's liability under the indemnification is limited to the amount of the aggregate insurance coverage under that applicable insurance policy. Section 10.4 Legal Costs. Notwithstanding the other provisions of this Agreement,if legal costs associated with operation of the Food and Beverage Services are being incurred by OVG (but excluding any incurred in connection with a third party claims for which Owner is claiming indemnity by OVG or incurred in connection with any claims by OVG against the Owner) such costs shall be considered an Operating Expense; provided that to the extent any such legal costs are associated with a third party claim relating to the Food and Beverage Services, such legal costs shall be subject to Owner's prior approval, not to be unreasonably withheld. Section 10.5 Survival. The obligations of the parties contained in this Article 10 shall survive the termination or expiration of this Agreement and continue on indefinitely. ARTICLE 11 INSURANCE Section 11.1 Insurance. Insurance requirements are as stated in Exhibit C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Notwithstanding anything to the contrary herein, the cost of all insurance required specifically for this Agreement shall be an Operating Expense including, without limitation, the cost of premiums, and the cost of any coverage deductibles, coinsurance penalties or self-insured retentions. ARTICLE 12 MISCELLANEOUS Section 12.1 Authorization. (a) OVG represents and warrants that it has the full right and legal authority to enter into this Agreement and to grant the rights and perform the obligations of OVG herein, and that, except as otherwise set forth herein, no third-party consent or approval is required to grant such rights or perform such obligations hereunder. (b) Owner represents and warrants that it is the owner of the Facility, and that it has the full right and legal authority to enter into this Agreement and to grant the rights and perform the obligations of Owner herein, and that no other third-party consent or approval is required to grant such rights or perform such obligations hereunder. Section 12.2 Force Majeure. In the event that a party is prevented or delayed in the performance of any of its obligations under this Agreement (not including any payment obligation hereunder) due to circumstances beyond its control, including but not limited to, (a) fire, earthquake, Page 16 of 29 hurricane, wind, flood, act of God, riot, or civil commotion occurring at the Facility, or (b) any law, ordinance, rule, regulation, or order of any public or military authority stemming from the existence of economic or energy controls, hostilities, war, or governmental law and regulation, or (c) labor dispute which results in a strike or work stoppage affecting the Facility or services described in this Agreement (each, a "force majeure" event) ,then, performance hereunder by the affected party shall be excused for the period of delay. If either party's obligation is affected by any of the causes of force majeure,the party affected shall promptly notify the other party in writing,giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Section 12.3 Assignment. Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; however, OVG or Owner may, without the prior written consent of the other, assign this Agreement and/or its rights and obligations hereunder(i)to any person or entity who succeeds (whether by merger, consolidation or sale of assets or equity or the like)to all or substantially all of the business and properties of such party, or(ii) in connection with a corporate restructuring,to any person who is an owner, parent,subsidiary or affiliate of such party, and who carries on the business of such party in substantially the same manner. Any assignee of OVG or Owner pursuant to the preceding sentence must agree in writing to assume the assignor's obligations hereunder, in whole or in part (as applicable), in order for such assignment to become effective. This Agreement shall be binding on the parties' successors and permitted assigns. Section 12.4 Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally,three(3)days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. If to Owner: If to OVG: City of Corpus Christi OVG Hospitality 1201 Leopard St 150 Rouse Blvd Corpus Christi, TX 78401 Philadelphia, PA 19112 Attn:Assistant City Manager Attn: President With a copy to: With a copy to: City of Corpus Christi OVG Hospitality 1201 Leopard St. 150 Rouse Blvd Corpus Christi, TX 78401 Philadelphia, PA 19112 Attn: City Attorney Attn: Legal Department The designation of the individuals to be so notified and the addresses of such parties set forth above may be changed from time to time by written notice to the other party in the manner set forth above. Page 17 of 29 Section 12.5 Severability. If a court of competent jurisdiction or an arbitrator determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law,the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Section 12.6 Prior Agreements. This Agreement (including the exhibit(s) attached hereto) constitutes the entire agreement of the parties with respect to the subject matter hereof,and supersedes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations,agreements or understandings, whether oral or written. Section 12.7 Governing Law. The Agreement is entered into under and pursuant to and is to be construed and enforceable in accordance with, the laws of the State of Texas, without regard to its conflict of laws principles and such form and venue for any disputes is the appropriate district, county, or justice court in and for Nueces County,Texas. Section 12.8 Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. Section 12.9 Waiver; Remedies. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity. Section 12.10 Relationship of Parties. OVG is engaged by Owner hereunder as an independent contractor to perform the services described herein, and nothing contained in this Agreement shall be deemed to create, whether express or implied, a partnership, joint venture, employment, or agency relationship between Owner and OVG, except as otherwise expressly set forth in this Agreement. Section 12.11 Counterparts; Faxed or Emailed Signatures. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Agreement may be executed by the parties and transmitted by facsimile or electronic mail, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. Page 18 of 29 ARTICLE 13 FEDERAL TAX REQUIREMENTS Section 13.1 Compliance with Federal Tax Requirements. OVG understands that, as of the Effective Date, all or a portion of the Facility has been financed on a tax-exempt basis (such financing,the "Tax-Exempt Bonds") and, as a result, until such time as the Facility is no longer financed under such Tax- Exempt Bonds, Owner must comply with the Internal Revenue Code of 1986, as amended, and certain treasury regulations promulgated thereunder (collectively, the "Code"), with respect to the use of the Facility by OVG or any other service provider that may be engaged by Owner or OVG with respect to all or a portion of the Facility. OVG agrees to cooperate with Owner in complying with the requirements of the Code with respect to private business use of property financed with the Tax-Exempt Bonds at the Facility and maintaining the safe harbor conditions provided in Revenue Procedure 2017-13 (as modified, amplified and/or superseded,the"Rev. Proc."), and acknowledges that, as of the Effective Date,the Rev. Proc. includes the following safe harbor conditions that ensure that the Tax-Exempt Bonds will maintain their tax-exempt status: (a) No third-party service provider shall take a tax position with respect to the Facility or any services agreement that is inconsistent with being a service provider to Owner that provides services at the Facility, including, without limitation, taking any depreciation or amortization, investment tax credit or deduction for any payment as rent with respect to the Facility. (b) In connection with any third-party service providers services at the Facility and as described in the Rev. Proc.,Owner will approve: (i) each disposition of any portion of the Facility, (ii) rates charged for the use of all or any portion of the Facility, and (iii) and the general nature and type of use of the Facility by OVG. (c) Owner bears risk of loss of the Facility. (d) No third-party service provider shall have any role or relationship with Owner that, in effect, substantially limits Owner's ability to exercise its rights under any management agreement. OVG agrees to cooperate in good faith with Owner in order to ensure that this Agreement and OVG's services hereunder comply the requirements of the Code with respect to private business use of property financed with the Tax-Exempt Bonds at the Facility and maintaining the safe harbor conditions provided in the Rev. Proc(collectively,the "Private Use Requirements"). If Owner reasonably determines that any of OVG's services or actions hereunder violate the Private Use Requirements, OVG shall reasonably cooperate (without expenditure of material funds) to cease such services or actions following notice thereof from Owner. If following a good faith negotiation period of not less than 90 days (a "Negotiation Period"), Owner continues to reasonably determine that OVG's services or actions hereunder violate the Private Use Requirements notwithstanding OVG's reasonable cooperation efforts, Owner may terminate this Agreement in its sole discretion and without penalty for a period of 30 days following the end of the Negotiation Period; provided Owner shall be responsible for all costs of OVG in connection therewith as set forth in Section 4.3(c). If Owner does not terminate this Agreement during such 30-day period, such termination right shall expire. Page 19 of 29 If Owner reasonably determines that the terms of this Agreement violate the Private Use Requirements, the parties shall proceed in accordance with Section 13.2 below as if Changes (as defined below) had occurred. Section 13.2 Future Changes in Federal Tax Requirements. OVG agrees to negotiate in good faith with Owner to amend this Agreement from time to time (an "Amendment") to address any interpretations, modifications or other changes in federal tax requirements regarding tax-exempt bonds, which may include any modifications and amplifications of the Rev. Proc. or requirements superseding the Rev. Proc.taking place after the Effective Date(collectively, "Changes")to ensure that the tax-exempt status of the Tax-Exempt Bonds utilized to finance all or a portion of the Facility is maintained.The parties acknowledge and agree that the terms of an Amendment shall be limited to modifying this Agreement in order to (i) maintain the tax-exempt status of the Tax-Exempt Bonds notwithstanding such Changes, and (ii) ensuring that the financial arrangements under this Agreement are materially maintained. Notwithstanding anything herein to the contrary, if following a Negotiation Period this Agreement is unable to be amended to the satisfaction of Owner with respect to clause (i) above, or OVG with respect to clause (ii)above,then this Agreement may be terminated by the applicable dissatisfied party in its sole discretion and without penalty for a period of 30 days following the end of the Negotiation Period; provided Owner shall be responsible for all costs of OVG in connection therewith as set forth in Section 4.3(c). If neither party terminates this Agreement during such 30-day period, such termination right shall expire. Section 13.3 Remedies. Owner acknowledges and agrees that OVG is not responsible for determining whether this Agreement or the services hereunder comply with the Code or the Rev. Proc. or otherwise with the requirements of the Tax-Exempt Bonds, and is relying on Owner's good-faith, reasonable determinations as to such matters. As such, OVG shall bear no responsibility with respect to maintaining the tax-exempt status of the Tax-Exempt Bonds, under no circumstances shall OVG be liable for any failure by Owner to maintain the tax-exempt status of the Tax-Exempt Bonds, notwithstanding anything to the contrary in this Agreement (including in connection with OVG's indemnification obligations set forth in Article 10),and Owner's sole remedies under this Agreement in relation to the Tax- Exempt Bonds or pursuant to this Section 13 shall be termination of the Agreement as set forth in Sections 13.1 and 13.2 above. Section 13.4 Severability. If at any time during the Term, Owner elects to re-finance the Facility with bonds that are not tax-exempt and therefore no longer subject to the Private Use Requirements, then the foregoing Article 13 shall be deemed deleted from this Agreement after the date any Tax-Exempt Bonds are no longer outstanding on the Facility. IN WITNESS WHEREOF, each party hereto has caused this Food and Beverage Agreement to be executed on behalf of such party by an authorized representative as of the date first set forth above. [Signature Page Follows] Page 20 of 29 THE CITY OF CORPUS CHRISTI, OVATIONS FOOD SERVICES OF TEXAS, LLC a Texas home-rule municipality By: Ovations Food Services, L.P. its sole member By: By: Name: Brian Rothenberg Name: Title: President, Ovations Food Services, LLC, Title: general partner of Ovations Food Services, L.P. Page 21 of 29 Exhibit A Performance Measures 1. Customer Satisfaction Scores. OVG shall demonstrate quality service to customers of the Facility on evaluations related to food and beverage service at the Facility, acknowledging that customer satisfaction in food and beverage servicing is difficult to reasonably measure. Owner and OVG shall cooperate in determining the form and components of the food and beverage service evaluations and the process for administering such service evaluations. No more than 60 days following the start of each Operating Year, the parties shall mutually agree in writing(email shall be sufficient) upon the Customer Satisfaction Score Goal for the Operating Year. 2. Maintenance Implementation. OVG shall demonstrate quality maintenance of the Food and Beverage Areas and equipment therein, normal wear and tear excepted. OVG shall demonstrate compliance with the provision of this Agreement based upon an annual review and quarterly walkthroughs by the Contract Administrator, inspections of the Food and Beverage Areas by the health department, and an annual report from OVG on the maintenance and repairs of the Food and Beverage Areas. If there is a dispute as to whether OVG provided quality maintenance and operation of the Food and Beverage Areas sufficient to meet this Performance Measure, then the City may hire a mutually agreeable third party to conduct a review of the Food and Beverage Areas (which shall be paid for by the City). 3. Revenue. OVG shall work to increase the food and beverage revenue at the Facility (both in the Arena and the Convention Center/Auditorium). No more than 60 days following the start of each Operating Year, the parties shall mutually agree in writing (email shall be sufficient) upon the Gross Receipts goal for the Operating Year. In the event the parties cannot mutually agree in good faith on a Performance Measure for#1 or#3 above for any Operating Year then the Performance Measure shall remain the same from the previous Operating Year. Page 22 of 29 Exhibit B Excluded Events Event Name Date Event Client Buc Days Multiple Dates and Events Buccaneer Commission for the term of the Agreement New Wave Xpo Comic Con 10/21/22—10/22/22 New Wave Xpo Feast of Sharing 12/22/22—12/24/22 HEB Grocery Company Anime Corpus Christi 2/23/23—2/26/23 High Tide Events LLC TEMA Conference 4/25/23—4/28/23 Texas Energy Managers Association DPS Challenge 6/26/23—6/27/23 Texas Trucking Association Coastal Bend Creator Con 8/18/23—8/19/23 Coastal Bender Creator Con Page 23 of 29 Exhibit C Insurance Requirements OVG'S LIABILITY INSURANCE A. OVG must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the Owner. OVG must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. OVG must furnish to the Owner'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 Owner's Risk Manager. The Owner must be listed as additional insureds on all applicable policies, except for Workers' Compensation and Crime coverage, by endorsement,or by coverage through a blanket additional insured endorsement offering additional insured coverage as required by written contract. A waiver of subrogation is required on all applicable policies. Endorsements, where blanket coverage is not provided, must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE Commercial General Liability Including: $5,000,000 Per Occurrence 1. Commercial Broad Form $5,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury Auto Liability Including: $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Worker's Compensation Statutory and complies with Part II of this (All State's Endorsement if OVG is not domiciled Exhibit C. in Texas) Employer's Liability $500,000/$500,000/$500,000 Crime/Employee Dishonesty $1,000,000 Per Occurrence Contractor shall name the City of Page 24 of 29 Corpus Christi, Texas as Loss Payee. Liquor Liability $1,000,000 Combined Single Limit $5,000,000 Aggregate OVG and Any Subcontractors Are Responsible for All Damage to Their Own Equipment or Property C. In the event of accidents of any kind related to this agreement, OVG 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, OVG 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 OVG will be promptly met. B. OVG shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, as an Operating 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. OVG shall be required to submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. OVG shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to Owner at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. OVG agrees that with respect to the above required insurance,General and Liquor liability,Auto Liability, and Excess Liability, are to contain or be endorsed to contain blanket additional insured status to Owner as required by written contract the following required provisions: • List the Owner and its officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the Owner; Page 25 of 29 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the Owner; and • Provide 30 calendar days advance written notice directly to Owner of any, cancellation, non- renewal, reduction of insured limits below the minimums required herein, 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, OVG shall provide a replacement Certificate of Insurance and applicable endorsements to Owner. Owner shall have the option to suspend OVG'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 Owner may have upon OVG's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the Owner shall have the right to order OVG to withhold any payment(s) if any, which become due to OVG hereunder until OVG demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which OVG may be held responsible for payments of damages to persons or property resulting from OVG's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Manager'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 Contract for Management of American Bank Center 4/6/2022—ALA Legal Dept. Page 26 of 29 Exhibit D Operating Budget City of Corpus Christi - Budget Visitors Facilities Fund 4710 Original Amended Account Actuals Bu dget Budget Estimated Proposed Number Account Description 2020-2021 2021-2022 2021-2022 2021-2022 2022-2023 Beginning Balance $ 8,832,813 $ 3,053,775 $ 10,660,901 $ 10,660,901 $ 6,910,209 Revenues: 302350 Special events permits $ 5,000 $ 12,750 $ 12,750 $ 13,700 $ 9,500 311500 Multicultural Center rentals 32,510 32,845 32,845 17,540 16,765 311510 Heritage Park maint contract 40,646 22,200 22,200 39,954 42,876 311600 Operating Revenues-Convention Center 2,479,722 2,542,684 2,542,684 2,120,639 2,460,950 311760 Operating Revenues-Arena 1,714,500 2,002,388 2,002,388 1,800,000 2,699,581 312000 Pavilion rentals 11,465 2,500 2,500 6,550 2,500 360030 HOT Reimbursements 2,499,996 3,000,000 3,000,000 3,000,000 1,000,000 340900 Interest on investments 17,421 5,829 5,829 25,727 137,109 340995 Net Inc/Dec in FV of Investments (1,982) - - - - 341000 Interest earned other than Investments 459 2,990 2,990 1,236 - 344000 Miscellaneous 55 TOTAL REVENUES $ 6,799,791 $ 7,624,186 $ 7,624,186 $ 7,025,345 $ 6,369,281 Interfund Charges: 352000 Transfer from Arena/General Fund $ 6,680,812 $ 3,723,705 $ 3,723,705 $ 3,723,705 $ 1,043,886 TOTAL INTERFUND CHARGES $ 6,680,812 $ 3,723,705 $ 3,723,705 $ 3,723,705 $ 1,043,886 Total Funds Available $ 22,313,416 $ 14,401,666 $ 22,008,792 $ 21,409,951 $ 14,323,376 Expenditures: 12930 Bayfront Arts&Sciences Park 748,432 978,272 1,068,839 916,412 - 13600 Convention Ctr/Auditorium Ops 4,090,895 4,665,963 4,805,228 4,243,639 4,122,591 13610 Arena Capital 3,571,172 2,282,085 8,333,187 6,051,102 4,231,908 13615 Arena-Marketing/Co-Promotion 130,720 650,000 1,540,000 100,000 650,000 13616 Convention Ctr Content Development 20,000 - 125,000 - - 13625 Arena Operations 2,510,674 2,697,641 2,711,145 2,513,401 3,449,479 13710 Cultural Facility Maintenance 164,132 180,420 304,878 275,738 170,647 50010 Uncollectible accounts 3,673 - - - - 60010 Transfer to General Fund 229,781 216,198 216,198 216,198 236,736 60130 Transfer to Debt Service 183,036 183,252 183,252 183,252 182,100 10830 Cash Management 2,990 2,990 TOTAL EXPENDITURES $ 11,652,515 $ 11,856,821 $ 19,290,717 $ 14,499,742 $ 13,043,461 Gross Ending Balance $ 10,660,901 $ 2,544,845 $ 2,718,075 $ 6,910,209 $ 1,279,916 Encumbrances 8,358,226 Net Ending Balance $ 2,302,675 $ 2,544,845 $ 2,718,075 $ 6,910,209 $ 1,279,916 Note: Funding source is from Convention and Arena operations,as well as transfers from Arena Fund and HOT Fund. Page 27 of 29 City of Corpus Christi - Budget Hotel Occupancy Tax Fund 1030 Original Amended Account Actuals Budget Budget Estimated Prop 0 ed Number IL Account Description 2020-2021 2021-2022 2021-2022 2021-2022 2022-2N023 Beginning Balance $ 2,280,777 $ 1,938,977 $ 5,702,259 $ 5,702,259 $ 4,517,197 Revenues: 300500 Hotel occupancy tax $ 13,834,119 $ 12,752,148 $ 12,752,148 $ 13,492,631 $ 13,491,825 300501 Hotel occ tx-conv exp 3,962,499 3,643,289 3,643,289 3,849,504 3,854,615 300530 Hotel tax penalties-current yr 45,394 36,000 36,000 70,777 60,072 300531 Hotel tx penalties CY-cony exp 12,959 10,285 10,285 19,792 17,163 340900 Interest on Investments 1,568 233 233 13,463 135,256 340995 Net Inc/Dec in FV of Investment (542) TOTAL REVENUES $ 17,855,997 $ 16,441,955 $ 16,441,955 $ 17,446,168 $ 17,558,931 Total Funds Available $ 20,136,774 $ 18,380,932 $ 22,144,214 $ 23,148,427 $ 22,076,128 Expenditures: 11305 Administration $ 107,784 $ 150,000 $ 150,000 $ 136,225 $ 150,000 12930 Bayfront Arts&Sciences Park - - - - 995,537 13010 Special Events - - - - 20,000 13012 Texas Amateur Athletic Federation-Games of Texas 300 250,000 250,000 250,000 - 13013 Museum of Science&History 48,899 550,000 550,000 550,000 550,000 13492 Art Museum of South Tx 350,000 350,000 350,000 350,000 375,000 13495 Botanical Gardens 40,000 65,000 65,000 65,000 70,000 13601 Convention Center 2,499,996 3,000,000 3,000,000 3,000,000 1,000,000 13605 Convention Ctr.Maint 202,911 250,000 347,676 347,676 250,000 13606 Convention Ctr.Capital 514,812 1,275,000 2,573,771 1,298,771 3,275,000 13616 Group Incentive Program(GIP) 228,482 575,000 730,825 575,000 575,000 13616 Seawall Programming - 100,000 100,000 50,000 100,000 13640 Harbor Playhouse - 15,000 15,000 - - 13641 Heritage Park-Historic Tour Guides - 6,000 6,000 - - 13800 Convention promotion 5,299,473 5,570,077 5,570,077 6,386,812 5,933,586 13812 Texas State Aquarium 300,000 300,000 300,000 300,000 310,000 13815 Arts Grants/Projects 17,950 200,000 200,000 200,000 300,000 13816 Multicultural Services Support 358,860 378,318 378,318 378,318 365,084 13817 City Wide Wayfinding - 500,000 500,000 50,000 450,000 13818 North Beach Plaza Historical Signs 6,396 100,000 107,753 92,625 - 13826 Baseball Stadium including Insurance - 175,000 350,000 175,000 358,653 13835 Beach Cleaning(HOT) 1,950,000 1,950,000 1,950,000 1,950,000 1,950,000 15100 Economic Development - 225,000 225,000 201,000 225,000 60010 Transfer to General Fund 166,191 136,715 136,715 136,715 214,668 60130 Transfer to Debt Service 2,342,460 2,138,088 2,138,088 2,138,088 2,097,312 TOTAL EXPENDITURES $ 14,434,515 $ 18,259,198 $ 19,994,224 $ 18,631,230 $ 19,564,840 Gross Ending Balance $ 5,702,259 $ 121,733 $ 2,149,991 $ 4,517,197 $ 2,511,287 Encumbrances 3,682,476 Net Ending Balance $ 2,019,783 $ 121,733 $ 2,149,991 $ 4,517,197 $ 2,511,287 Page 28 of 29 OVG 360 AMERICAN BANK CENTER- CUMULATIVE PRO FORMA OPERATING STATEMENT Number of Events 261 Total Attendence 415,750 Arena Event Revenue $ 2,302,801.00 Convention Center Event Revenue $ 2,304,450.00 Total Event Revenue $ 4,607,252.00 Total Sponsorships&Premium Seating $ 446,280.00 In Kind Revenue $ 297,000.00 TOTAL OPERATING REVENUE $ 5,350,532.00 Indirect Operating Expenses Total Indirect Operating Expenses $ 6,091,752.00 Net Before Management Fee $ (741,221.00) OVG 360 Management Fee $ (144,000.00) OVG Hospitality F&B Annual Fee $ (240,000.00) *Assumpti Net After Management Fee $ (1,125,221.00) Page 29 of 29 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/20/2022 1852 Second Reading Ordinance for the City Council Meeting 10/11/2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6255 Interstate Highway 37 CAPTION: Case No. 0822-02 Corpus Christi Capital Group, LLC (District 11: Ordinance rezoning property at or near 6255 Interstate Highway 37, located along the east side of Corn Products Road, south of Interstate Highway 37, and north of Leopard Street from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. SUMMARY: The purpose of this rezoning is to allow for the conversion of a defunct hotel to workforce housing apartment units. BACKGROUND AND FINDINGS: The subject property is 6.82 Acres. To the north, properties are zoned "CG-2" General Commercial, with Commercial uses, and some vacant lots. To the south, "CG-2" General Commercial with commercial uses. To the east, "RS-6" Single-Family 6 District, with Low- Density Residential uses (Mobile Home community). To the west, "IL" Light Industrial with Light Industrial uses. The proposal for the subject property is an adaptive reuse of a defunct hotel to workforce housing apartment units; studios and one-bedroom units. The requested Special Permit seeks to increase the maximum density to 360 units to correspond with the number of units of the former hotel and reduce the parking requirement to a ratio of 1:1. The Unified Development Code currently limits the following: 1. Density within the "CG-2" districts to 37 DU/Acre, which equals to a maximum density of approximately 250 dwelling units for the subject site. 2. The ratio of 1-1/2:1 for a one-bedroom apartment unit. The predominant type of tenant is single-vehicle households. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map, however, is consistent with many broader elements of the Comprehensive Plan. The Future Land Use Map proposes commercial uses. Public Input Process Number of Notices Mailed 37 within a 200-foot notification area 2 outside notification area As of August 26, 2022: I n Favor In Opposition 0 inside notification area 3 inside notification area 0 outside notification area 0 outside notification area Totaling 0.79% 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 change of zoning from the "CG-2" General Commercial District to the "CG- 2/SP" General Commercial District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: 2. Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit on August 10, 2022 Vote Count: For: 4 Opposed: 2 Absent: 3 Abstained: 0 3. Staff recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit on August 10, 2022. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0822-02: (District 1) Ordinance rezoning a property at or near 6255 Interstate Highway 37, from the "CG-2" General Commercial District to "CG-2/SP" General Commercial with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 Lot 2, Block 5, Interstate Industrial Complex, as shown in Exhibit "A": From the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. The subject property is located at or near 6255 Interstate Highway 37 as shown in Exhibit A. Exhibit A, which is a map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the owner meeting the following conditions: 1 . Density: The maximum density of dwelling units shall not exceed 360 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6 am to 6 pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the property for commercial land uses. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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 Guajardo City Secretary Mayor Page 3 of 4 Exhibit A IH CG-2 CG-2 18 19 17 SUBJECT 20 16 PROPERTY 6 1 21 115 22 14 a IL 3 24 13 Z X j Z5 12 7 26 11 /�, 4 i_. 29 3flr31 T TA �34A3 CG-2 $ 21 35 9 36 PO 37 CASE: 0822-02 Zoning and notice Area RM-1 Multifamily1 IL Light Industrial dand RM-2 Multifamily 2 IH Homy Industrial RM3 Multifamily} PUD Planned Unit D.,Overlay yy ON Professional ONlce R3105ingle-Family 10 ■ RM-AT Multifamily AT RS-6 Single-Family 6 14R■ CN-1 Neighhorhood Cemm¢reiel R6 A.5 Single-Family 4.5 CN.2 NaighbnrhnndC�mmercial RS-TF Two-Family corpus CR-1 Resort Commercial RS-15 Single-Family 15 ��FFS0 CR.2 Resort Commercial RE Residential Estate .i CG-1 General Coin 6a1 ROtY-f47M�r1 CG"2 General Cnmmarcisl RS-TH Townhouse Rmhen CI Intensive Commercial SP Special Permit SUBJECT\ CSD Downtown eommaraal Rv M.-f conal MHome Perk PROPERTY CR-} Resort Commenc.ial RMH Manufactured Hama FR Farm Rural / \ H Historic Overlay BP Rosiness Palk ! ■ O Sublect PraperlY O Owners � �. wIIh ZDO'bn Har to fd VOY ItV of OwnBK witdin P00'liststl On 4 y Owners ana�neoownermrp acme Ain nnonaaln., CUP�)US Esri.HERE, Christi LOCATION MAP' Page 4 of 4 ZONING REPORT Case # 0822-02 Applicant & Subject Property City Council District: 1 Owner: Corpus Christi Capital Group, LLC. Applicant: Corpus Christi Capital Group, LLC. Address and Location: 6255 Interstate Highway 37, located along the east side of Corn Products Road, south of Interstate Highway 37, and north of Leopard Street. Legal Description: Lot 2, Block 5, Interstate Industrial Complex Acreage of Subject Property: 6.82 Acres Zoning Request From: "CG-2" General Commercial District To: "CG-2/SP" General Commercial District with a Special Permit Purpose of Request: To allow for the conversion of a defunct hotel to workforce housing apartment units. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial Commercial Commercial North "CG-2" General Commercial and Vacant Commercial and Light Commercial Industrial South "CG-2" General Commercial Commercial Commercial East "RS-6" Single-Family 6 Low Density Residential Medium Density Residential (Mobile Home Community) West "IL" Light Industrial T Light Industrial Light Industrial Plat Status: Property is platted. Air Installation Compatibility Use Zone (AICUZ): Not located in an AICUZ. Code Violations: None. Transportation & Circulation for Corn Products Road Urban Street' Designation' Section Proposed' Section Existing' Corn Products A2 4 Lanes, 4 Lanes, Road Secondary Arterial 100 Feet Center grassy median 180 Feet Distance to Bicycle Network Bicycle Infrastructure2 Segment Proposed 2 Segment Existing 1-Way Cycle Track (Both Sides) To the north .25 miles None Bike Boulevard Zoning Report Page 2 To the south .30 miles Bike Boulevard Ly ui �,uipu� �,nn�ti Urban Transportation Pla -tratPryic Plan fnr AntivP Mnhilitv Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 32 Southside with a bus stop (Leopard @ Violet) approximately .5 miles to the north of the subject property. Utilities Gas: 6-inch gas service line located along the east property line. Stormwater: Storm ditch located along Corn Products Road. Wastewater: 8-inch PVC along the east property line. Water: 8-inch Asbestos-Cement Pipe (ACP) service line located along Corn products Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest ADP (Adopted January 9, 2001 , currently no plans to update). Future Land Use Map: Commercial Water Master Plan: Currently, there are no proposed improvements. Wastewater and Stormwater: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed — 37 within the 200-foot notification area Returned Notices: In Favor — 0 inside the notification area In Opposition — 3 inside the notification area 0.79% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: August 10, 2022 City Council 1St Reading/Public Hearing Date: September 20, 2022 City Council 2nd Reading Date: October 11 , 2022 Comprehensive Plan Consistency: Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Resilience and Resource Efficiency • Reinvestment in existing communities, conserves resources and sensitive environments: • Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. • Future Land Use, Zoning, and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Housing and Neighborhoods • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. Zoning Report Page 3 • Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types — rental and ownership, market-rate and assisted — to meet community needs. Future Land Use Map: The proposed rezoning is not consistent with the Future Land Use map: • Commercial. An amendment to the Future Land Use Map would be warranted. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose of the rezoning request and conducted research into the properties land development history to include platting, zoning, existing surrounding land uses and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map which proposes commercial uses. • The proposed conversion of the former hotel is a great example of the adaptive reuse of an existing structure and supplies the needed workforce housing that is in demand within the Northwest area of Corpus Christi. • The requested Special Permit seeks to increase the maximum density to 360 units to correspond with the number of units of the former hotel. The Unified Development Code (UDC) currently limits the density within the "CG-2" District to 37 du/ac which equals a maximum density of the site at approximately 250 dwelling units. • Additionally, the requested special permit addresses reducing the number of required parking spaces to a 1:1 ratio with each apartment unit. As the focus is workforce housing, the predominant type of tenant will be a single-vehicle household. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning and associated Special Permit. Planning Commission and Staff Recommendation (August 10, 2022): Approval of the "CG-2/SP" General Commercial District with a Special Permit and subject to the following conditions: 1. Density: The maximum density of dwelling units shall not exceed 360 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6 am to 6 pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Returned Notices Zoning Report Page 4 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA !FI CG- 2 CG-2 19 18 X17I SUBJBT 20 1r6 PROPER 7Y 6 1 21 45 22 14 1 L 3 23 13 24 25 12 2 11 5 277 28 29 30'3 34 3332 CG-2 8 35 9 36 1"0 37 2 CASE: 0822-02 Zoning and notice Area RMr Multdamdyl I� Llght lntluslrlal P01111311(1 RM2 MrrltAnmllY2 IH H�avk lirrli.-Sh i.il RM-3 MOW.re ily 3 PUG Pl:ir..•il ur n pv Ovi rl:ry. ON P'.f.—I.—i Office R$-1 f1 6IC RMATMirltif—dy AT RS,5 S.i i�.l k-F,riii1,G CN-1 Nelyhbarhaod Comrnercf ei R53.5 S,,T,Farri.Iy 4.� GN-2 N.lgnborheua Cwnin.1O1°I RS-TF T..FanGly Corpus CR.1 R.sort CommemiaE RS-15 Single-Famliy 15 CR2 ResortCoiner.icinl RE R—W.tial Esta[, Calfls0 CG-1 General ComntertlalTownhouse CG 2 G.n - wal Cotein.i c WRS-TH l I."....v.eer�r�r,.�cial RP R-re t o n�rl SUBJECT\ C Cao a-1—C—m.rW RhRV eereanon:nvearalePara PROPERTY 1H .., ,t.. �.rr. . GR-3 Reaurt Gurieiner�sal FR F. iii Rri i:rl R Ri.rorlc Uv.rlay BP B.•.n....P.,ra O 4Cui nln X C'11T�illl HE4E, LOCATION MAP' Zoning Report Page 5 ATTACHMENT B: RETURNED NOTICES r — — -- ay req, nce at(,361 o2t", I,. :icddes. QUB tlellen �equTc..I. selV'.^.IOS e;(eciap''_�le s,i, —dy)so 48 horas antes de la junta 11 Mai Ido al departamento de servicios de desarrello al numero(3611 826-3240.- If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta_y su Inglcs es limitado favor de Ilamar al departamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la junta para solicit un intdr rete ser presente durance la unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0822-02 (INFOR Case No, 22ZN9024) Corpus Christi Capital Group LLC has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2"General Commercial District to the"CG-2/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 6255 Interstate Highway 37, and described as Lot 2, Block 5, Interstate Industrial Complex, located along the east side of Corn Products Road, south of Interstate Highway 37,and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recornmendation to the City Council. The public hearing will be held on Wednesday, Aucust_10, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P_ O_ BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NATE: In accordance with the Planning Commission Dy-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. NAMEjt Please Pri t ADDRESS:_..90E—EoN kl4ckl— U PHONE NO,3G L l ( ) IN FAVOR (L,)IN OPPOSITION REASONS: SIGNATURE SEE MAP ON REVFRSE SIDE Case No.0822-02 INFOR Case No.:22ZN1021 Case Manager Elena Buentello Property Owner In 4 Email:elenab@cctexas,rom Phone.361-826-3598 Zoning Report Page 6 - - - ay rem -ja: nce at(361)626-:3240. Personas a cedes, que tie iertrU uc , s.��u «.L - equle,_; servicios espectales �e ie^ S �`_U o 48 I horas antes de is junta 11amaide al departamento de servieios de deswro(lo al numero(361 &26-3240. If you wish to address the Commission during the meeting and your English is limited, please C211 the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the ineeting. Si usted desea dirigirse a la cornmis'sion_d-urante la-junta y su moles es Izmitado favor de Ilamar at I departamerto de servidos de desarrollo at numero(361)826-3240 al mentis 48,horas antes dela junta para solicitar I un€nterprete ser presente durante la junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0822-02 (INFOR Case No. 22ZN9024) Corpus Christi Capital Group LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2"General Commercial District to the"CG-2/SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 6255 Interstate Highway 37, and described as Lot 2, Block 5, Interstate Industrial Complex, located along the east side of Corn Products Road, south of Interstate Highway 37,and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian,wilt also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, Aqust 1 202_2, during one of the Planning Commission's regular meetings, which begins at 5:301 p.m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TD BE ON RECORD,THIS FORM MUST FSE FILLED OUT,SfGNED BY THE CURRE V I PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 784139- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-taws no discussion shall he held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone calf or.by letter. r NAME: �ySIVL � U - 2�^`1P�.T Please Pri ADDRESS: 276 KtgW,3yId y+n_i rd'^ 3,�_ PHONE NO-3b I _ -78 A ( ) IN FAVOR OPPOSITION REASONS: s�,t tO I+n� 0�'P - o �+ ie5 car ��a r<'�QC�a` �r I aw� C�rk1� SIGNATURE SEE MAP ON REVERSE SIDE Case No-0822-02 NFOR Case No_22ZN1021 Case Manager Eiene Bueniello Property Owner ID. Email:elenab@cclexas-corn Phone 361-826-3598 Zoning Report Page 7 ,rscns with disabilities planning to attend this meeting, who may require special services, are requested to contacts -velopment Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades ,nen la intencion de asistir a esta Junta V que requieren servicios especiales se les suplica que den ,as antes de lalunta Ilamando al departamento de servicios de desarrollo al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitado, favor de liamar al departamento de servicios de desarrollo al numero(361)826-3240 al menes 48 horas antes de la munta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0822-02 (INFOR Case No. 22ZN9024) Corpus Christi Capital Group LLC has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2"General Commercial District to the"CG-21SP"General Commercial District with a Special Permit, resulting in a change to the Future Land Use MyR. The property to be rezoned is described as: A property located at or near 6255 Interstate Highway 37, and described as Lot 2, Block 5, Interstate Industrial Complex, located along the east side of Corn Products Road, south of Interstate Highway 37,and north of Leopard Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 10, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. NAME: 6 -4 ,042i0oif G ✓��h+Rn 6� ,� l tl� t� __ Please Print ADDRESS: (9�?P —T— �,�5 ZAAr 42> � PHONE NO:-3461 9.2 FZY ( ) IN FAVOR /IN OPPOSITION REASONS: �� /✓'J� , _I�Jfp �i �' " j ,� SIGNATURE SEE MAP ON REVERSE SIDE Case No.0822-02 INFOR Case No.:22ZN1021 Case Manager:Elena Buentello Property Owner ID:17 Email:elenab@cclexas.com Phone:361-826-3598 Zoning Case 0822-02 *� Corpus Christi Capital Group, L.L.C. # 4 �i DISTRICT 1 Rezoning for a property at I 6255 IH 37 From "CG-2" to "CG-2/SP" SUMM r ' pe,i lSY 3f1 fN sueJFcr-� PROPERTY ry LpCATf07+� MAP'.• City Council September 20, 2022 � � . ��rt --' Y �" „ar ;,,:� Y � n� bm p, �,. r e .. "' �'* x—,:" �� �'s r `+�i .r¢ �'� � .� m _� c �r ����.�" � � ��;. r.�y XFq� � ��,� �6 '�� � ��d i 1�1� y ,, �` :� �"- raw` K� � /// . ;� .j.4 A .( r `p�� i 4/ ♦ l � / ,fit, �►' ,,a.. Zoning and Land Use --------------- Proposed Use: INResidential (Adaptive Reuse-Workforce Housing) L Area Development Plan: CG-2 Westside 08/13/1984 12/06/1982 Future Land Use Map: Commercial Existing Zoning: "CG-2" General Commercial Adjacent Land Uses: CG-2 North: Commercial, and Vacant • South: Commercial, Public/Semi-Public, and Vacant N East: Light Industrial • West: Low-Density Residential Public Notification 37 Notices mailed inside 200' buffer 2 Notice(s) mailed outside 200' buffer , . Notification Area •G- CG-2 14 � Opposed: 3 (0.79%) m 20 0 0�o m 6 21 ] Separate Opposed Owners. 0 ! O 23 1. 2? 25 1 26 1 27 In Favor: 0 (0.00%) 28s. 24 3p3 34 33g CG-2 35 9 36 "Notified property owner's land in SQF/Total square footage of all property in the notification area = N Percentage of public opposition. Staff Analysis And Recommendation • Proposed rezoning is inconsistent with the Future Land Use— Commercial. • Proposed conversion of the former hotel is an opportunity for adaptive reuse. • Supplies the needed workforce housing in demand within the Northwest area of Corpus Christi. • Special Permit seeks to do the following: • Increase the maximum density to 360 units. • Reduce the number of required parking spaces to a 1:1 ratio with each unit. PLANNING COMMISSION & STAFF RECOMMENDATION (August 10, 2022): Approval of the rezoning to the "CG-2/SP" General Commercial District with a Special Permit. Special Permit Conditions 1. Density: The maximum density of dwelling units shall not exceed 360 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate.Any controlled access points shall remain open from the hours of 6 am to 6 pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION & STAFF RECOMMENDATION (August 10, 2022): Approval of the rezoning to the "CG-2/SP" General Commercial District with a Special Permit. CASE:0822-02 SC 0 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 20, 2022 'CORPOBAS40 Second Reading for the City Council Meeting of October 11, 2022 1852 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Albert J Raymond III, Director of Development Services alraymond@cctexas.com (361) 826-3575 Authorizing a Wastewater Line License Agreement with NVA Dodridge Veterinary Management Inc. for installation of a wastewater force main from an on-site lift station to a city wastewater manhole CAPTION: Ordinance authorizing a Wastewater Line License Agreement with NVA Doddridge Veterinary Management, Inc, ("Licensee") to install a private wastewater force main system through City property and easements for development of proposed Veterinary Clinic. SUMMARY: NVA Dodridge Veterinary Management Inc., ("Permittee") has a property located on Gollihar Rd. and Carmel Parkway. The Permittee is requesting access for a private wastewater force main through public utility easement for the development of a proposed Veterinary Clinic. This agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Licensee or the City provides written notice to revoke the Agreement. BACKGROUND AND FINDINGS: NVA Dodridge Veterinary Management Inc, ("Licensee") is proposing to build a Veterinary Clinic located at 4452 Gollihar Rd. NVA Doddridge Veterinary Management Inc, intends to install through boring, a connection to a private on-site lift station installing 425 linear feet of 2" pvc for a wastewater line that will extend from Tract "A" to Tract "C" to a City wastewater manhole. The Easement encroachment path begins at the Owner's property where the developer will install approximately 50.12 linear feet of wastewater line that will pass through a public access road/public utility easement, approximately 219.14 linear feet will pass through Anita and WT Neyland Public Library parking lot, approximately 60 linear feet will pass through a drainage easement and approximately 5.0 linear feet will pass through an AEP Easement, and an existing 15" Utility Easement where it will connect to an existing wastewater manhole. The proposed encroachment is necessary because there is not a connection reasonably accessible to the site. Reasonably accessible is defined in the UDC 8.2.7.B.1 .d. as "collection lines of adequate capacity to service the proposed development are within 1000 feet of the subdivision". The nearest Wastewater Manhole on Gollihar Road is 458 feet and is not of sufficient depth (4.3 feet). The closest wastewater connection of sufficient depth (20.25 ft.) is a manhole 2100 feet from the property located on Staples St. All city utilities were contacted and there is no objection to the proposal. ALTERNATIVES: Deny the request of a Wastewater Line License Agreement. Denial of the request would render the project unfeasible financially. Additionally, Gollihar Rd was recently reconstructed, and the installation could impact utilities within the roads right of way and easements. FINANCIAL IMPACT: No financial impact RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public easements by the Licensee for the stated purpose, the Licensee agrees to provide the City with a one- time Use Privilege Agreement fee of $4,182.00. b. The Licensee's use of the wastewater main is strictly limited to serving the Licensee's NVA Doddridge Veterinary Management, Inc. vet clinic. Licensee may not provide wastewater service through the wastewater main to any facilities other than the facilities specified in this section, nor may Licensee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater main to any facility whether owned by the Licensee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Licensee. LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement with exhibits Presentation Ordinance authorizing a Wastewater Line License Agreement with NVA Doddridge Veterinary Management Inc, ("Licensee") to install a private wastewater force main system through City property and easements for development of proposed veterinary clinic. WHEREAS, NVA Doddridge Veterinary Management Inc, ("Licensee"), desires to install, operate, maintain, repair, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located at 4452 Gollihar Rd, Corpus Christi, TX 78411. WHEREAS, the Licensee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term License Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Licensee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Licensee, subject to the Licensee' compliance with the specified provisions of the License 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 one-year term License Agreement ("Agreement"). At the end of the initial term, this Agreement with NVA Doddridge Veterinary Management Inc, ("Licensee"), renews automatically, to allow the Licensee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located at 4452 Gollihar Road, Corpus Christi, TX 78411, such Agreement at all times subject to the Licensee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Licensees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public easements by the Licensee for the stated purpose, the Licensee agrees to provide the City with a one-time Use Privilege Agreement fee of$4,182.00. b. The Licensee's use of the wastewater main is strictly limited to serving the Licensee's NVA Doddridge Veterinary Management, Inc. vet clinic. Licensee may not provide wastewater service through the wastewater main to any facilities other than the facilities specified in this section, nor may Licensee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater main to any facility whether owned by the Licensee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Licensee. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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 Guajardo City Secretary Mayor Page 2 of 2 Wastewater Line License Agreement STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Line License Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and NVA Doddridge Veterinary Management, Inc. ("Licensee"), a Texas corporation, whose business address is currently 1057 Doddridge Street, Corpus Christi,Texas 78411. (New Facility Address shall be 4452 Gollihar Road; Corpus Christi, Texas 78411). In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of$44,182.00 paid by Licensee, the City has granted and conveyed, and by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this Agreement, a license for the right to install, operate, maintain, repair, and remove Wastewater Line, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the license is granted for the location of the Licensee's Wastewater Line is referred to in this Agreement as the "Licensed Area." TO HAVE AND TO HOLD the same license granted unto Licensee, its successors, and assigns, together with the right under the conditions specified in this Agreement,to at any time enter upon the above described Licensed Area to install, operate, maintain, repair, or remove Licensee's Wastewater Line, and being further understood that the license granted by this Agreement is subject to the Licensee's compliance at all times with the following conditions, the City and Licensee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Licensee not less than 30 days notice in writing by the City's City Manager or designee ("City Manager"). 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. B. This Agreement is for a term of one (1)year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Licensee or the City provides written notice to revoke the Agreement. For the avoidance of doubt, except as otherwise provided herein, Licensee shall not be responsible for payment of any additional fees in connection with the renewal of this Agreement. Page 1 of 8 C. This Agreement may not be assigned by Licensee without the City Manager's prior written consent; provided, however, Licensee may assign, without the prior written consent of City Manager, to any (i) parent, subsidiary, affiliate, division or corporation controlled by or under common control of Licensee, or (ii) a successor entity related to Licensee by reorganization, merger, consolidation or the sale of all or substantially all of the capital stock or assets of Licensee. Licensee shall, by notice in writing, advise City of its intention from, on and after a stated date, to assign this Agreement. Licensee's notice shall state the name and address of the proposed assignee. D. During construction or maintenance of improvements pertaining to the Licensed Area granted under this Agreement, insurance requirements are as stated in Exhibit C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before construction or maintenance of the improvements pertaining to the Licensed Area granted under this Agreement can begin, the Licensee must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Director of Development Services Department. 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. E. Should construction be deemed necessary by Licensee in the Licensed Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City Engineer and City Development Services Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Licensee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Licensee shall use commercially reasonable efforts to require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this Agreement. G. Licensee shall provide all necessary and proper,safety devices so as to prevent injuries or accidents in the Licensed Area, in as much as possible. Page 2 of 8 H. At least 48 hours prior to beginning any approved construction, Licensee shall contact Texas811 (1-800-DIG-TESS), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of utility lines, communication lines, and communication fiber optic cables,whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Licensed Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing or relocating the private wastewater line in the Licensed Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Licensee shall repair the Licensed Area to its original condition or cease to use the Licensed Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit, or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. Page 3 of 8 [See paragraph "P"of this Agreement for additional requirements regarding trenches, pits and similar excavations.) K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Licensee shall allow the City immediate access to the Licensed Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager in its reasonable discretion. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three-hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Licensed Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times Licensee shall be responsible for the repair and maintenance of the Wastewater Line and Licensed Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Licensed Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Licensee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Licensed Area. P. If a trench, pit,or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open Page 4 of 8 overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service Licensee, located at 4452 Gollihar Road: Corpus Christi, Texas 78411, in the Licensed Area. Licensee shall not provide, nor permit anyone else to provide or receive, subject to Paragraph C hereof, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. S. INDEMNIFICATION. licensee shall fully indemnify and hold harmless the City of Corpus Christi, its officers, officials, employees, and agents ("indemnitees") from and against all suits, claims, demands, actions, losses, costs, expenses, liability, damages and judgments recovered from or asserted against City for any and all property damage or injuries sustained by any person, including without limitation, workers' compensation, personal injury or death, arising from or incident to, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the license granted. T. 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. U. 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: Page 5 of 8 If to Licensee: NVA Doddridge Veterinary Management, Inc., 1057 Doddridge Street Corpus Christi, TX 78411 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. U. 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. V. This Agreement 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 Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Licensee further agrees, in compliance with the Corpus Christi Code Sec. 2-349,to complete,as part of this Agreement,the"Disclosure of Interests"form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" 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. X. 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. Y. Any payments due by the Licensee pursuant to this Agreement will be made from current revenue available to the Licensee. Remainder of page intentionally left blank,signature page to follow. Page 6 of 8 EXECUTED IN DUPLICATE this day of July 2022. LICENSEE: NVA Doddridge Veterinary Management, Inc., a Texas cor tion By: Name: c Smit Its: General Counsel & Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles No h On 4 )1g Z Z�' before me, � personally a peared _ , w o proved to me on the basis of satisfactory evidence to be the person{4whose nameEs is/aF"ubscribed to the within instrument and acknowledged to me that he/5t4" executed the same in hisftrr heir authorized capacity{+es4, and that by his/4egA#@ir signature(s) on the instrument the person(!}-, or the entity upon behalf of which the persor4r,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hAIJ- 0, nd ff and off seal. Signature (Seal) MARTA ALPAY rdMM. #2254950 x Notary Public-California o z Los Angeles County M Comm,Expires Aa. Page 7 of 8 CITY OF CORPUS CHRISTI By: Albert J. Raymond III Director of Development Services ATTEST: By: Rebecca Huerta City Secretary STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Albert J. Raymond III, Director of Development Services of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES§ This instrument was acknowledged before me on this day of , 2022, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: By: Buck Brice (Date) Assistant City Attorney For the City Attorney Page 8 of 8 S _ 9 v Y C a e L u QQ� .isi�z 0 o \ vP O O d d w 0 S srrE Z O d O 0m I- 0 i GOLUPAR RD U Z J U J Q Z Q W Q U � 0 cl LOoCA70N WWRU M /[/�� GRAPHIC SCALE EX �lll IOT "A" WASTEWATER UNE AGREEMENT C-7.1 PARKDALE BRANCH XHI T 6 a \ PUB LIBRARY TRACT a o a \p# CRIT 60 Y OF CORPUS ' CO US RISTI CHRISTI OWNER D E W T o a VOL 25 PG 97 0. V PARKDALE SHOPPING M.R.N.C.T. " _ o BLOL',CCENTE.Dr 1 °� N U m r VOL 67 PGS \I f3 •��'y`h• L1 S28'02'04"W 5.01' AR 42a 42T Lar z4 ~n" L2 N28'11 1'35"E 5.01' Q' a EASEMENT Z ENCROACHMENT o aD 6.3LICENSE Ui o 559'04'02"E 278.82' 0 68.52' _153.82'_ 50.15' o 68.52' —156.83— — 50.16' rn 3.33' N59'04'02"W 278.84' PO/NT OF to BEG/NN/NG o HAMLIN PLACE UNIT 1 BLOCK 5 LOT 25 o �� CWIRLOTTE A DARDEN OWr w VOL 22 PG 26 I M.R.N.C.T. PARKDAIE SHOPPING CENTER BLOCK AR LOT 11 CITY OF CORPUS CHRISTI OWNER 7 VOL 67 PGS 423-424 a OF M.R.N.C.T. TRACT'B' D D RNXIT..773 20'yKv- -------- ---- ................ MURRAY BASS, JR. ..:................ < ° 2128LIFIAR R®A® 0 F£S AREA 4/8/22 EASEMENT ENCROACHMENT LICENSE 1 ,394 SQ. Fr. 0.032 ACRES CITY OF CORPUS CHRISTI—GRANTOR Rr*oredby. NVA DODDRIDGE VETERINARY Bass & o. Al Engineering MANAGEMENT INC—GRANTEE sole011 =40° 3054 So. Alameda St. Corpus Christi, Tx. 78404 Date.8/9/22 (361) 882-5521 (phone) Drawing No: 5' EASEMENT `3RE 882—I N `fax' EXHIBIT "B " Fiotscale:Sheet FIRM REGISTRATION N0. F-52 Sheet 1 of 1 _ 07/05/22022022 EXHIBIT C ACoRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashley Smalley NAME: K&S Insurance Agency PHONE (972)771-4071 FAX (972)771-4695 A/C No Ext): A/C,No 2255 Ridge Road,Ste.333 E-MAIL asmalley@kandsins.com ADDRESS: P.O.BOX 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A: Continental Insurance Company 35289 INSURED INSURER B: Texas Mutual Insurance Co. 22945 Barcom Construction,Inc INSURER C: Hanover Insurance Company 22292 1146 Heinsohn Rd INSURER D: American Zurich Insurance Company INSURER E: Corpus Christi TX 78406 INSURER F: COVERAGES CERTIFICATE NUMBER: 21/22 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDLTypE OF INSURANCE POLICY FF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 F��7 DAMAGE TO RENT 13 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 15,000 A 7015627541 09/12/2021 09112/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO 2,000,000 JECT LOC PRODUCTS $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 7015627555 09/12/2021 09/12/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X1 OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB 71 CLAIMS-MADE 7015627572 09/12/2021 09/12/2022 AGGREGATE $ 10,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION X1 PER STATUTE ERH _ AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDEI NIA 0002020407 09/12/2021 09112/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Builder's Risk Aggregate 10,000,000 C/D IHD H820420 00/EC78621928 11/15/2021 11/15/2022 Aggregate 7,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) SEE ATTACHED OVERFLOW PAGE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Corpus Christi ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9277 AUTHORIZED REPRESENTATIVE Corpus Christi TX 78469-9277 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT D • DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Doddridge Veterinary Management, Inc. STREET: 1057 Doddridge Street CITY: Corpus Christi ZIP: 78411 FIRM is: ■❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ Other 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 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 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 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 N/A CERTIFICATE (To Be Notarized) 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: Eric Smith Title: General Counsel & Sec. (Print) Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DEFINITIONS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Land Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2 Wastewater License Agreement for NVA Veterinary Management Inc. City Council Presentation September 20, 2022 -- Aerial Overview AIIV The proposed Wastewater Collection Line will begin at an on- site lift station location near a public access road/public utility easement. 425 Linear Feet of 2- inch PVC then end at an existing City Wastewater manhole. r i�, ., Proposed Force Main Layout Existing City Wastewater Manhole �. Private On-Site Lift Station (verified to be in satisfactory condition) _g \71 V tryp I — I� war i 4 ` ------- -------- --- ----------- f ---_ I u LIHAR ROAD ••••�� - --___ - } ------- ------ ------- ------ ------- -------- --- - QOLLHAR ROAD ., Proposed Force Main Profile a ^� r ___------ _____________________ ____________ ___________ ___ 50 ,a ,a ,a ,a 'a xN[WPf 0HUT "B" mll n'w�i' u WASTEWATER LINE AGREEMENT t= Staff Recommendation LiY • Approval of special conditions: • A. The Licensee agrees to provide the City with a one- time Wastewater Line License Agreement fee of $4,182.00 • B. The Licensee is aware that they may not provide Wastewater service to any other facilities other than the property outlined in the agreement. • C. The Licensee is fully responsible for the costs associated with this project. F 5 A 278.84 Linear Feet of 2" Wastewater Gravity Main from .< an on-site lift station to the �a. I fAWastewater City Manhole crossing Tracts A-C Q 1 v f • iy44 R 8 � r Date Created:8/2/2022 Department of Deveio pmentServices Location Map Easement Encroachment License °°�� SUBJECT? g Y afi PROPERTY 1 ,394 sq.ft. (0.032 Ac) Rpm r Bay Area 111. N Via" g�. •s�p�"'+o �Y � �� Map Scale: 1:1,000 s '`� Cty of A Corpus LOCATION MAP © �" Christi SC �o AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 20, 2022 'CORPOBAS40 Second Reading Ordinance for the City Council Meeting of October 11, 2022 1852 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Albert J Raymond III, Director of Development Services alraymond@cctexas.com (361) 826-3575 Authorizing a Use Privilege Agreement for installation of a private wastewater collection system CAPTION: Ordinance authorizing a Wastewater Line License Agreement with VLM Greenwood, LLC, ("Permittee") to install a private wastewater collection system through a public drainage easement for development of proposed office/warehouse project. SUMMARY: VLM Greenwood, LLC, ("Permittee") has a property located at 5625 Greenwood Drive. The Permittee is requesting access for a private wastewater line through public drainage easement for the development of a proposed office/warehouse project. This agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Licensee or the City provides written notice to revoke the Agreement. BACKGROUND AND FINDINGS: VLM Greenwood, LLC, ("Permittee") is proposing to build a facility located at 5625 Greenwood Dr, Corpus Christi, TX 78417. VLM Greenwood, LLC, intends to make a connection to a wastewater manhole line which will pass through a drainage easement. The private wastewater line will service the intended office spaces and warehouse the owner is building. The existing lines are too shallow to meet minimum slopes for wastewater connection and are more than 1000 feet from the property. The 8" PVC wastewater line will extend northeasterly 36 linear feet from the existing manhole on the adjacent property to a manhole to be constructed on the subject property, then a 6" PVC wastewater line will extend easterly for 168 linear feet to a proposed second manhole, then, the 6" PVC line will extend 72 linear feet to a proposed third manhole to service the proposed office/warehouse building. All city utilities were contacted and there is no objection to the proposal. ALTERNATIVES: Deny the request of a Use Privilege Agreement. FINANCIAL IMPACT: No financial impact RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $318.75. b. The Permittee' use of the private wastewater sewer main is strictly limited to serving the Permittee's VLM Greenwood, LLC office/warehouse facilities. Permittee may not provide wastewater service through the wastewater main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the wastewater main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement with exhibits Presentation Ordinance authorizing a Wastewater Line License Agreement with VLM Greenwood, LLC, ("Permittee") to install a private wastewater collection system through a public drainage easement for development of proposed office/warehouse project. WHEREAS, VLM Greenwood, LLC, ("Permittee"), desires to install, operate, maintain, repair, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located at 5625 Greenwood Dr, Corpus Christi, TX 78417. WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege 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 one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement with VLM Greenwood, LLC, ("Permittee"), renews automatically, to allow the Permittee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located at 5625 Greenwood Dr,Corpus Christi, TX 78417, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one- time Use Privilege Agreement fee of$318.75. b. The Permittee' use of the wastewater main is strictly limited to serving the Permittee's VLM Greenwood,LLC office/warehouse facilities. Permittee may not provide wastewater service through the wastewater main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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 Guajardo City Secretary Mayor Page 2 of 2 Wastewater Line License Agreement STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Line License Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and VLM Greenwood LLC, whose business address is currently 10410 Hempstead Road, Houston, Texas 77092. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of $318.75 paid by Licensee, the City has granted and conveyed, and by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this Agreement, a license for the right to install, operate, maintain, repair, and remove Wastewater Line, as identified in Exhibit B, within the drainage easement as shown in Exhibits A. Exhibits A and B are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the license is granted for the location of the Licensee's Wastewater Line is referred to in this Agreement as the "Licensed Area." TO HAVE AND TO HOLD the same license granted unto Licensee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Licensed Area to install, operate, maintain, repair, or remove Licensee's Wastewater Line, and being further understood that the license granted by this Agreement is subject to the Licensee's compliance at all times with the following conditions, the City and Licensee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Licensee not less than 30 days notice in writing by the City's City Manager or designee ("City Manager"). 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. B. This Agreement is for a term of one (1)year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Licensee or the City provides written notice to revoke the Agreement. C. This Agreement may not be assigned by Licensee without the City Manager's prior written consent. D. During construction or maintenance of improvements pertaining to the Licensed Area granted under this Agreement, insurance requirements are as Page 1 of 8 stated in Exhibit C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before construction or maintenance of the improvements pertaining to the Licensed Area granted under this Agreement can begin, the Licensee must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Director of Development Services Department. 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. E. Should construction be deemed necessary by Licensee in the Licensed Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City Engineer and City Development Services Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Licensee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this Agreement. G. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Licensed Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Licensee shall contact Texas811 (1-800-DIG-TESS), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of utility lines, communication lines, and communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; Page 2 of 8 • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Licensed Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing or relocating the private wastewater line in the Licensed Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Licensee shall repair the Licensed Area to its original condition or cease to use the Licensed Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit, or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "F of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Licensee shall allow the City immediate access to the Licensed Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. Page 3 of 8 L. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three-hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Licensed Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times Licensee shall be responsible for the repair and maintenance of the Wastewater Line and Licensed Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Licensed Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Licensee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Licensed Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Page 4 of 8 Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to VLM Greenwood LLC, located at 5625 Greenwood Dr, Corpus Christi, Texas 78417, in the Licensed Area. Licensee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. S. INDEMNIFICATION. Licensee shall fully indemnify and hold harmless the City of Corpus Christi, its officers, officials, employees, and agents ("indemnitees") from and against all suits, claims, demands, actions, losses, costs, expenses, liability, damages and judgments recovered from or asserted against City for any and all property damage or injuries sustained by any person, including without limitation, workers' compensation, personal injury or death, arising from or incident to, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the license granted. T. 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. U. 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: If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Page 5 of 8 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. V. This Agreement 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 Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. K The Licensee further agrees, in compliance with the Corpus Christi Code Sec. 2-349, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" 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. X. 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. Y. Any payments due by the Licensee pursuant to this Agreement will be made from current revenue available to the Licensee. Remainder of page intentionally left blank; signature page to follow. Page 6 of 8 EXECUTED IN DUPLICATE this 08th day of July, 2022. VLM Greenwood LLC 08 July, 2022 Rajeev Khanna, Manager Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 08th July, 2022, by Rajeev Khanna, Manager for VLM Greenwood LLC, a Texas Limited Liability Company, on behalf of said company. "'y CHHAVI KHANNA {V PV@�i :? Notary Public,State of Texas E Q� Comm. Expires 07-17-2022 OF•S�+` Notary ID 131645843 Notary Public's Signature Page 7 of 8 CITY OF CORPUS CHRISTI By: Albert J. Raymond III Director of Development Services ATTEST: By: Rebecca Huerta City Secretary STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Albert J. Raymond III, Director of Development Services of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES§ This instrument was acknowledged before me on this day of , 2022, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO LEGAL FORM: By: Buck Brice (Date) Assistant City Attorney For the City Attorney Page 8 of 8 EXHIBIT SURVEY REA1 ENRIQNARSTRATNTY, NNESE5 TEXAS EE / r rva.uoxuu.xr el `Q�,o�°�Rp�O Los E Sl rEs ��k urrts exo eouxos rcsewcnwi 1533 HOLLY ROAD 1��or �ps � .,z.wo,ere ure m,,.eewc uwe Lora \�/'� _ wxnwuu.r oEsmieEo er uErzs ago eouxos,s muaxs m-mr. A /oma — — OIL 0o ioi / u/ 18.10 / ,ma wi a ei«,i,ma ca.ma w<i a.a m.n..i.m,.�mm w.i. •••"'•'"�,�"'�"`"r...u_,�,.--.� ,uwsr Rola N/ 5025 GREENWOOD DR / / oxo.sLe wx am e 891 111E i) LO i I / ��`/�'a8 / Fey, / Los ENCI ln sires / VoL ,88. MRN_�_r_ oRMFe �ss�,aE,o,a,E ac. t � E Nss. ae. nn�R N c r.s o� or s2<ec<os z rry�o e 41 /A M R,� see A R � � ����"rc\'",u / / ,....,�o..,,..., o,�........... ...o.o m.�..�,._o,n..,. .n..Po..s•,o o±.ate,.,o ��o,< D.1DR1D16,1 rs2.a o. ,o�,,,o=aa,Ea III 11111TI. Vo ME 66.PILE 111,or—MIP RECORDS or NDECES DosNi PINr c,rtmvri o�,�Fy .nom 1 EXHIBIT BMID- -Twa=roea :°oE ; oa RxNaT. R�x ��xN =,x,.T Rxaa ��x o �u°ss�an` .RREN�RE aE xos,, a�,xT..� 4646 o � a xN��,xT..� xa�xaM�.�o�x�.�.waaoEx�m as I� �aaasx E,.ax�. ,,R,a.x .s.xE B I O li ��a��D�R Man a a M a: ago — — z.e�0,a0�g�aN�,�.„��as DD P_DaaOP w 0 i as DD�DRDD.T�DRa�.G PR.—"E R�aADr�O P o T Haa¢aI— a�aN D.�D� �aD �, PM PW �aR_I o,.a � � .�DD. �,a ..�R ,� . N. a DRa�G T—W a � D� �W��.a�R _ (--1)�Ov�,.�eDR C— walta x a�aw e.;GREENWOOD DRIVE .'.` t� 1 .» rvo. Revisiory er oAre cko. once iRePRD—ED e san.swR.NcP.a N A PRorILE VsWRLINoyamssz _NTE sCGREENW000DRVE C.— HRSTE,TEMS 75417 -"`"' DOSHI ENGINEERING&SURVEYING COMPANY s�R r CONSULTING ENGINEERS&SURVEYORS -1 KATY,TEXAS]]696 omcc(.1)ass.. - ox xo saTa r V er h 4 IE eYI —10ORR F`` scALI cn0 u0.mo zom ws an ssx uxz - ® EXHIBIT C DATE(MM/DDIYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 0 6/28/20 22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ---- CONTACT NAME: Abbie DeShazo ON DeShazo Insurance Agency WCC.NO,E),11: (281)565-7830 FAX No): (877)594-6460 13515 Southwest FreewayE- ADMAIL DRESS: brett@deshazoinsurance.com Suite 209 INSURER(S)AFFORDING COVERAGE NAIC# Sugar Land TX 77478-3547 INSURERA: BENCHMARK INS CO 41394 INSURED INSURER B: ALLSTATE CNTY MUT INS CO 29335 Anlarr Construction LLC INSURER C: SCOTTSDALE INS CO 41297 7207 Regency Square Blvd INSURER D: TEXAS MUT INS CO 22945 INSURER E: AMERICAN ZURICH Houston TX 77036-3188 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR INSo ND POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR PREMISES (Ea olccur ED $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y BIC5023496 09/28/2021 09/28/2022 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D PRO- JECT D LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED I SCHEDULED BODILY INJURY(Per accident) $ B AUTOS ONLY Autos Y Y 648939842 09/08/2021 09/08/2022 XHIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY XAUTOS ONLY (Per accident 11-1 $ (✓ X� UMBRELLA LIAB XOCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE Y Y XBS0147910 09/28/2021 09/28/2022 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION IX PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED? ❑N N/A Y 0001327409 06/26/2022 06/26/2023 -- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE. $ 1,000,000 If yes,describe under g DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 6 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi Attn:Risk Management AUTHORIZED REPRESENTATIVE P.O.Box 9277 Corpus Christi TX 78469-9277 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT D DISCLOSURE OF INTERESTS f I Development Services Department 2406 Leopard St. Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: VLM Greenwood LLC STREET: 10410 Hempstead Road CITY: Houston, TEXAS ZIP: 77092 FIRM is: ❑Corporation ❑ Partnership ❑ Sole Owner ❑ Association ❑■ Other LLC 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) NA NA 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 NA NA 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 NA NA 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 NA NA CERTIFICATE (To Be Notarized) 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. Rajeev Khanna Manager Certifying Person: � � Title: (Print) 08/July/2022 Signature of Certifying Person: Date: Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 DEFINITIONS I. 1 1 Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Land Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2 Wastewater License Agreement for VLM Greenwood, LLC. City Council Presentation September 20, 2022 Aerial Overview a r� �yRv Existing Wastewater Manhole 6kl-I NVVOOD ' o b � `9Existing Drainage Existing Wastewater Easement Manholes F� u � s Proposed Force Main Layout Blue dots indicate Existing Green arrow Wastewater + y / shows where the Manholes 15' Drainage Easement Exists MW Staff Recommendation A.} • Approval with conditions a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose,the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of$318.75. a. The Permittee' use of the wastewater main is strictly limited to serving the Permittee's VLM Greenwood, LLC office/warehouse facilities. Permittee may not provide wastewater service through the wastewater main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater main to any facility whether owned by the Permittee or by another person or entity. a. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. EXHIBIT A r� w F i t �7The black line indicates the t proposed wastewater line P oo Yellow dotted line indicates =y' the existing drainage �� • - �, easement that the proposed �' { wastewater line will run through, thus the reason for a this agreement !, C� a Nq ST.. f l ► Sq�RF 25 *5 Pet M°� Date created: nre022 a. 'Department of eve7oment ervices c� Corpus Ch inr_ry Location Map ^a e SUBJECT LOS ENCINOS INDUSTRIAL SITES PROPERTY Ye`~ LOT 5 BLOCK 1 %x2.18 J 1 .949 AC. bay r /�� 0ty of Map Scale: 1:1,600 "' Co1jIu5 LOCATION MAP © Christi so �o o� A P v AGENDA MEMORANDUM RORPORPIg- First Reading for the City Council Meeting of 9/20/2022 1852 Second Reading for the City Council Meeting of 10/11/2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3935 Acceptance of a grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Emergency Medical Services Operations CAPTION: Ordinance authorizing the acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $6,011.00 to purchase Emergency Medical Services supplies and equipment for the Corpus Christi Fire Departments' Emergency Medical Services operations; and appropriating $6,011.00 into the Ambulance Grant Fund. SUMMARY: This ordinance authorizes the acceptance of a grant in the amount of$6,011.00 from the Coastal Bend Regional Advisory Council. This grant supports Emergency Medical Services (EMS) supplies and equipment purchases needed for the Corpus Christi Fire Department's Emergency Medical Services systems. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (CBRAC) has awarded the Corpus Christi Fire Department (CCFD) a grant in the amount of $6,011 to benefit the City's Emergency Medical Services (EMS) operations. The City has received grant funding for EMS services from CBRAC for almost 16 years. Last year, CCFD received $11,137. The funds are used to purchase EMS supplies or equipment. CCFD purchases include EMS personal protective equipment (PPE) such as latex gloves, masks, and goggles, IV equipment such as syringes and equipment for cardiac monitors such as electrocardiogram (EKG) pads. The funds are an annual allocation from the Texas Department of State Health Services that are distributed through the CBRAC. EMS agencies within the 12-county Coastal Bend region are eligible to receive funding if they are active participants in the Regional Advisory Council. The amount of funding each agency receives is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES: The alternative would be to not accept the grant award and instead utilize the General Fund instead of grant funds for EMS equipment purchased. FINANCIAL IMPACT: Acceptance of grant funding in the amount of$6,011 and appropriating $6,011 to the Ambulance Grants Fund. Funding Detail: Fund: 1056 Ambulance Grants Organization/Activity: 820588L CBRAC-EMS & Supplies `22 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $6,011 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the CBRAC grant of$6,011 for EMS operations, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a grant from the Coastal bend Regional Advisory Council in the amount of$6,011.00 for the Corpus Christi Fire Departments' Emergency Medical Services operations; and appropriating $6,011.00 into the Ambulance Grant Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of$6,011.00. SECTION 2. That$6,011.00 is appropriated in the No. 1056 Ambulance Grant Fund to reimburse the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 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 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 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 Guajardo City Secretary Mayor so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 First 1852 Reading for the City Council Meeting of September 20, 2022 Second Reading for the City Council Meeting of October 11, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3935 Acceptance of Funds from State Farm into the Fire Grants Account CAPTION: Ordinance authorizing acceptance of a grant from the State Farm Good Neighbor Program in the amount of $5,000.00 for the purchase of educational and preventative safety supplies for the Corpus Christi Fire Department's Fire Prevention Education Program; and appropriating $5,000.00 in the Fire Grants Fund. SUMMARY: This ordinance authorizes the accepting of an allocation of $5,000 from State Farm for the purchase of educational and preventative safety supplies for the Corpus Christi Fire Department's Fire Prevention Public Education program. BACKGROUND AND FINDINGS: State Farm has awarded the Corpus Christi Fire Department (CCFD) a grant in the amount of $5,000 to be allocated for educational and preventative safety supplies for the CCFD's Fire Prevention Education Program. CCFD applied for this grant in May 2022. This is the first year that CCFD has received this grant from State Farm. CCFD's Fire Prevention Division aims to provide fire safety education and supplies throughout the Corpus Christi community. By educating the community on adequate fire safety measures, CCFD helps to reduce the number of fire related injuries, deaths, and damage to property. CCFD's Fire Prevention Division visits schools at local school districts, private schools, civic organizations, church groups, senior centers, and community events throughout the year for presentations and educational awareness on fire safety. CCFD has approximately 7,000 attendees attend their fire safety education events annually. These events educate the community on smoke and carbon monoxide detectors, safety in the home, fire extinguishers, burn awareness, escape planning, and emergency preparedness in the event of a fire. The Fire Prevention Education Program also provides smoke detectors to those in the community who may have difficulties obtaining one. ALTERNATIVES: The alternative would be not to accept the grant and instead allocate funds from the General Fund to purchase supplies for the Fire Prevention Education program. FISCAL IMPACT: Acceptance of funds in the amount of$5,000 and appropriating $5,000 to the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840027L State Farm Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $5,000 RECOMMENDATION: Staff recommends acceptance of the ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of a grant from the State Farm Good Neighbor Program in the amount of $5,000.00 for the purchase of supplies for CCFD's Fire Prevention Education Program; and appropriating $5,000.00 in the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1 : The City Manager or designee is authorized to execute all documents necessary to accept a grant from State Farm in the amount of $5,000 for the CCFD Fire Prevention Education Program. SECTION 2: That $5,000 from State Farm, is appropriated in the No. 1061 Fire Grant Fund. 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 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 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 Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting September 20, 2022 1852 Second Reading for the City Council Meeting October 11, 2022 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Laura Garcia, Director of Libraries lauragaCa)-cctexas.com (361) 826-7070 Acceptance of Emergency Connectivity Fund (ECF) $2,450,000 award to Corpus Christi Public Libraries CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend and appropriate an Emergency Connectivity Fund Grant from the Federal Communications Commission for FY2022-2023; appropriating $2,450,000 into the Library Grant Fund to provide Wi-Fi hotspot devices for qualifying persons in the City of Corpus Christi, and authorizing the City Manager or designee to execute a contract with T-Mobile USA, Inc. to provide the wireless service plans and Wi-Fi hotspot devices. SUMMARY: This ordinance authorizes the acceptance of funding from the Federal Communications Commission (FCC) in the amount of $2,450,000 to be used by Corpus Christi Public Libraries (CCPL) for the purchase of 5,000 Wi-Fi hotspots that will include 12 months of high-speed internet service. BACKGROUND AND FINDINGS: The Emergency Connectivity Fund (ECF), run by the Federal Communications Commission (FCC) and administered by the Universal Service Administrative Company (USAC), provides funding to public libraries for the purchase of internet connectivity devices for individuals and families who would otherwise be without internet service. Corpus Christi Public Libraries has been awarded funding from the FCC in the amount of $2,450,000 for the ECF program. This will allow CCPL to purchase 5,000 Wi-Fi hotspots that will include 12-months of high-speed internet service. The Wi-Fi hotspots will be available for checkout at each of its six library locations. In addition to these, the Library Department will be partnering with Prospera Housing Community Services and the Corpus Christi Housing Authority to distribute the hotspots to individuals and families who reside within their housing communities. The Library is working with the IT department to ensure the necessary protocols are being followed. ALTERNATIVES: Not accept the award. FISCAL IMPACT: The $2,450,000 award will be expended using the USAC Service Provider Invoicing (SPI) method. Finance has created a separate Activity Number to track and keep this award separate from other grants. Funding Detail: Fund: Library Grant Organization/Activity: 807723F Mission Element: Project # (CIP Only): Account: 520100 RECOMMENDATION: Staff recommends accepting the award. LIST OF SUPPORTING DOCUMENTS: Ordinance ECF Funding Commitment Decision Letter T-Mobile for Education Higher Education/Libraries Agreement No 1515118 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate an Emergency Connectivity Fund Grant from the Federal Communications Commission for FY2022-FY2023; appropriating $2,450,000 into the Library Grant Fund to provide Hot Spot devices for qualifying persons in the City of Corpus Christi; authorizing the City Manager or his designee to execute a contract with T-Mobile USA, Inc. to provide the wireless service plans and hot spot devices. 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 any and all documents necessary to accept, amend or finalize Emergency Connectivity Funding Grants ("ECF") from the Federal Communications Commission ("FCC') to improve wireless connectivity for qualifying individuals in the City of Corpus Christi, Texas through December 31, 2023; SECTION 2. Funds in the amount of$2,450,000.00 are hereby appropriated from the ECF Grant to the Library ECF Grant Fund No.1068 to provide wireless connectivity plans and devices to qualifying citizens in the City of Corpus Christi. SECTION 3. The City Manager or his designee is authorized to execute the Higher Education/Libraries Agreement No. 1515118 with T-Mobile, USA, Inc. to administer the ECF Funding Grant and any amendments thereto. SECTION 4. A copy of the executed Higher Education/Libraries Agreement No. 1515118 shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 1 That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette 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 Guajardo City Secretary Mayor 2 ,11 011 ■i■1■ Universal Service July 27, 2022 1 100 Administrative Co. ECF Funding Commitment Decision Letter 2022 Contact Information: ECF FCC Form 471: ECF202203161 Stephanie Juarez Corpus Christi Public Libraries BEN: 141623 805 COMANCHE ST Obligation File: 4 CORPUS CHRISTI TX 78401 - 2715 Application Nickname: CCPL- ECF-2022 stephanieja-cctexas.com Totals Total Committed $2,450,000.00 What is in this letter? Thank you for submitting your Emergency Connectivity Fund (ECF)funding application. Attached to this letter, you will find the funding statuses for the ECF FCC Form(s)471, Services Ordered and Certification Form, referenced above. The Universal Service Administrative Company (USAC) is sending letters to both the associated applicant and the service provider(s) so that you can work together to complete the funding process. Next Steps Submit Requests for Reimbursement to the Emergency Connectivity Fund (ECF) Portal.' The Commission in the Emergency Connectivity Fund Report and Order provided two ways for applicants to be able to invoice for eligible equipment and services through the Emergency Connectivity Fund Program.2 Applicants and service providers, who agree to invoice on behalf of the applicant(s), are allowed to submit ECF Program requests for reimbursement. 1 The Emergency Connectivity Fund Report and Order directed USAC to make the invoicing system available 15 days after the issuance of the first wave of commitments for the Emergency Connectivity Fund Program. Establishing the Emergency Connectivity Fund to Close the Homework Gap,WC Docket No.21-93, Report and Order, FCC 21-58,para.98(rel. May 11,2021)(Emergency Connectivity Fund Report and Order) If your funding commitment was released as part of the first wave,you may need to wait 15 days prior to submitting your request for reimbursement. USAC will announce when the invoicing system is available and requests for reimbursement can be submitted. 2 Emergency Connectivity Fund Report and Order, at para.93. M� rl BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 �■■ BEN: 141623 Obligation File: 4 • If you (the applicant)are invoicing: After receiving the ECF-supported eligible equipment and/or services, you will file the ECF FCC Form 472, the Billed Entity Applicant Reimbursement(BEAR) Form to invoice for reimbursement of the ECF-supported eligible equipment and/or services. If you request reimbursement prior to paying your service provider(s), you will be required to provide verification that you paid your service provider(s)within 30 days of receipt of funds. • If your service provider(s) is invoicing: The service provider(s) must provide the ECF-supported eligible equipment and/or services and then file the ECF FCC Form 474, the Service Provider Invoice (SPI)form, to invoice for reimbursement for the ECF-supported eligible equipment and/or services provided. Applicants and service providers, who agree to invoice on behalf of the applicant(s), must provide invoices detailing the items purchased, along with the requests for reimbursement. In general, any request for reimbursement submitted without the necessary information will be rejected with an explanation as to the deficiency, and the funding recipient will need to timely resubmit its invoice submission in order to receive reimbursement. Notice on Rules and Requirements The applicants' receipt of funding commitments is contingent on their compliance with all federal, statutory, regulatory, and procedural requirements of the ECF Program and the FCC's rules. This also includes the certifications under penalty of perjury contained in their funding application(s). Funding recipients are subject to audits and other reviews that the Commission and other appropriate authorities may undertake periodically to ensure that committed funds are being used in accordance with such requirements and for their intended purpose. Please see paragraphs 116-134 of the Commission's Emergency Connectivity Fund Report and Order for more information regarding the Program's documentation, certification, and audit requirements. As referenced in paragraph 101 of the Emergency Connectivity Fund Report and Order, attached to this letter is the full text of Appendix A to 2 CFR Part 170, which provides additional information about the reporting requirements for reporting executive compensation (through https://www.sam.gov) and subaward activity (through http://www.fsrs.gov) under the Federal Funding Accountability and Transparency Act of 2006 as amended by the Digital Accountability and Transparency Act of 2014 (collectively the Transparency Act or FFATA/DATA Act) for award and subaward payments that equal or exceed $30,000. On behalf of the FCC, USAC may be required to reduce or cancel funding commitments that were not issued in accordance with these requirements, whether due to action or inaction of USAC, the applicant, or the service provider. The Commission and other appropriate authorities may pursue enforcement actions and other means of recourse to collect improperly disbursed funds. How to Appeal or Request a Waiver of a Decision You can appeal or request a waiver of a decision in this letter within 30 calendar days of the date of this letter. Failure to meet this deadline will result in an automatic dismissal of your appeal or waiver request. Please note that this is shorter than the deadline for appeals in the E-Rate Program. July 27, 2022 2 BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 �■■ BEN: 141623 Obligation File: 4 Note: The Federal Communications Commission (FCC)will not accept appeals of ECF Program decisions that have not first been submitted and addressed in the Emergency Connectivity Fund (ECF) Portal. However, if you are seeking a waiver of ECF Program rules, you must submit your request directly to the FCC and not in the ECF Portal. Waivers of the ECF Program rules cannot be addressed within the ECF Portal. • To submit an appeal that is not a waiver, visit the Appeals section in the Emergency Connectivity Fund (ECF) Portal and provide the required information. USAC will reply to your appeal submissions to confirm receipt. Visit the ECF Program's website for additional information on submitting an appeal, including step-by-step instructions. • To request a waiver of the FCC's rules, please submit your request to the FCC in proceeding number WC Docket No. 21-93 using the Electronic Comment Filing System (ECFS). Include your contact information, a statement that your filing is a waiver request, identifying information, the FCC rule(s)for which you are seeking a waiver, a full description of the relevant facts that you believe support your waiver request and any related relief, and any supporting documentation. For all appeals and waivers, be sure to keep a copy of your entire appeal or waiver document, including any correspondence and documentation, and provide a copy to the affected service provider(s). July 27, 2022 3 111011 BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 mimic slow BEN: 141623 Obligation File: 4 ECF Funding Commitment Decision Overview 2022 Funding Commitment Decision Overview Funding Request Service Provider Name Amount Amount Status Number(FRN) Requested Committed ECF2290004207 T-Mobile USA, Inc. $1,250,000.00 $1,250,000.00 Funded ECF2290011979 T-Mobile USA, Inc. $1,200,000.00 $1,200,000.00 Funded July 27, 2022 4 M� rl BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 �■■ BEN: 141623 Obligation File: 4 FRN Service Type Status ECF2290004207 Equipment Funded Dollars Committed Monthly Cost One-time Cost Months of Service 18 Total Eligible Recurring Charges $0.00 Total Eligible One Time Charges $1,250,000.00 Total Charges $1,250,000.00 Committed Amount $1,250,000.00 Dates Service Provider Information Service Start Date 7/1/2022 Service Provider T-Mobile USA, Inc. Service End Date 12/31/2023 SPIN (4981D) 143026181 Service Delivery Date 12/31/2023 Invoice Deadline Date 2/29/2024 Consultant Information Consultant Name Consultant's Employer CRN Funding Commitment Decision Comments Approved as submitted. July 27, 2022 5 BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 II■EIIIIII BEN: 141623 Obligation File: 4 FRN Service Type Status ECF2290011979 Services Funded Dollars Committed Monthly Cost One-time Cost Months of Service 13 Total Eligible Recurring Charges $1,200,000.00 Total Eligible One Time Charges $0.00 Total Charges $1,200,000.00 Committed Amount $1,200,000.00 Dates Service Provider Information Service Start Date 9/6/2022 Service Provider T-Mobile USA, Inc. Service End Date 9/5/2023 SPIN (4981D) 143026181 Service Delivery Date 12/31/2023 Invoice Deadline Date 2/29/2024 Consultant Information Consultant Name Consultant's Employer CRN Funding Commitment Decision Comments MR1: The FRN's service start date was modified from July 1, 2022 to September 5, 2023 to reflect the 12 months of service being requested. MR2: The FRN's service end date was modified from December 31, 2023 to September 5, 2023 to reflect the 12 months of service being requested. July 27, 2022 6 �� rl BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 �■■ BEN: 141623 Obligation File: 4 Appendix A to Part 170—Award Term I. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http.//www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR § 170.320; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR§ 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR§ 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR§ 170.320 (and subawards) and, July 27, 2022 7 BEN Name: Corpus Christi Public Libraries ECF FCC Form 471: ECF202203161 �■■ BEN: 141623 Obligation File: 4 (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.§§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. § 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non-Federal entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and iv. A domestic or foreign for-profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR § 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non-Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)). [2 CFR Part 170; 85 FR 49526, Aug. 13, 2020] July 27, 2022 8 T-Mobile for Education Higher Education/Libraries Agreement No. 1515118 This T-Mobile for Education Higher Education/Libraries Agreement ("Agreement") is effective as of the date the second Party signs this Agreement below("Agreement Effective Date"), and is by and between T-Mobile USA, Inc., a Delaware corporation ("T-Mobile" or"Contractor"), and the City of Corpus Christi, Corpus Christi Public Libraries a(n) Texas a political and corporate municipal entity, with its principal place of business at 805 Comanche Street, Corpus Christi,TX 78401 ("Customer"). 1. Term. The term of this Agreement is one (1) year from Agreement Effective Date ("Term"), and each line of Service will have a one(1)-year service term from date of activation("Service Period"). In the event a line of Service has a Service Period that extends beyond the expiration of the Term, the terms and conditions of this Agreement will continue to apply to such line of Service for the remainder of its Service Period. 2. Underlying Agreement. Customer agrees to purchase wireless mobile Services and Devices from T-Mobile, and T-Mobile agrees to provide the Services and Devices to Customer based on the prices listed below. The terms of Customer's purchase and use of the Services will be governed by the NASPO ValuePoint Contract No. MA176 and the Customer's Participating Addendum ("Master Agreement"). (a) The terms and conditions of this Agreement or the Master Agreement will not be modified or superseded by any terms and conditions in a Customer-generated Purchase Order. Purchase Orders will have no force or effect other than to denote quantity, the products or services purchased, delivery destinations, requested delivery dates and any other information required by this Agreement. (b) In the event the Master Agreement is terminated or expires and is not renewed prior to the expiration of the Term of this Agreement, T-Mobile may enter into a follow-on master agreement for the period after termination or expiration of the Master Agreement(a "New Master Agreement"), in which case the New Master Agreement will be substituted for the existing Master Agreement for the remainder of the Term, and the terms and conditions of the New Master Agreement shall supersede and replace the terms of the existing Master Agreement. In the event that the Master Agreement is terminated or expires and is not renewed prior to the expiration of the Term, and T-Mobile does not enter into a New Master Agreement, then Customer and T-Mobile will:(i)mutually agree to amend this Agreement in order to transition it under another available master agreement to be substituted for the Master Agreement; or (ii) enter into a mutually agreeable alternative agreement to be substituted for the Master Agreement. (c) Notwithstanding anything to the contrary in this Agreement, following the expiration of a line's Service Period,T-Mobile will continue to provide the Services to Customer for such line under the pricing,discounts and other terms and conditions set forth in this Agreement,or,with 30 days' advance notice to Customer, at standard list pricing, until either party provides 30 days'advance written notice to terminate the Service for such line. 3. Offer/Pricing. Mobile Rate Plans include Mobile Device as listed below: • Discounted or free mobile Internet devices dependent on rate plan as described below. Monthly Recurring Device * Rate Plan Features Discount/Subsidy * Charge/Line* 1-Year Term $250.00 net subsidized Device price to Customer - $149.99 discount off Government Unlimited High Pre-Subsidy Cost of Unlimited $20.00 Speed Data Device (Pre-Subsidy Cost of Device—$399.99 Inseego MiFi M2000 5G) * Prices above do not include applicable taxes and surcharges; not qualified for any further aggregate volume discount. ** Discounted/subsidized Device offer is subject in all cases to inventory availability. 1 T-Mobile for Education Higher Education/Libraries Agreement (Final Template v01 01 2022) The City of Corpus Christi,Corpus Christi Public Library CLM1515118 ECF FINAL[Legal 08.31.22ab] 4. Total Order. Customer agrees to order the following lines of Service and, if applicable, Devices.Amounts below do not include any applicable taxes and surcharges: Total Pre- Total Subsidy Customer Total # Discounted Service Amount to Commitment Total Service Discount/ Total Pre- of Lines Rate Plan Period Customer(Device for Service of MRC Length Charge for Subsidy Discount/Subsidy Discount/Subsidy and Device for Service (months) Term Cost per Cost of Devices from Section 3 x the Term of Device # of Lines) the Agreement 1 Government Unlimited $399.99 $749,950.00 5,000 LTE 12 $1,200 000.00 [Inseego $1,999,950.00 [$149.99 discount off $2,450,000.00 $20.00 per MiFi M2000 Pre-Subsidy Cost of line per 5G] Device] month 1"Total Customer Commitment for Service and Device for the Term of the Agreement"is equal to(i)the"Total Service Charge for Term,"plus(ii)the"Total Pre-Discount/Subsidy Cost of Devices,"minus(iii)the"Total Subsidy Amount to Customer." 5. (a) Requirements to qualify for Device Discount/Subsidy: • For the Device Discount/Subsidy to be effective,Customer must purchase a Device from T-Mobile with an activated line of Service based on the rate plan listed above under its Master Account. Each line of Service must be activated and maintained for the entire Service Period applicable to such line,without any suspension or termination of any line of Service that received the Device Discount/Subsidy. • Customer agrees that it cannot change or move a line of Service with a Device Discount/Subsidy to a different or lower Rate Plan during the Device Discount/Subsidy Term and if it does, Customer will reimburse T-Mobile for the Device Discount/Subsidy received, as set forth in subsection (c) below. • Each line of Service and each Device purchased must be activated in accordance with the terms of the Master Agreement. • This Device Discount/Subsidy cannot be combined with any other discount or promotional offers. • Customer's account must remain in good standing with T-Mobile to receive the Device Discount/Subsidy. • Lines of Service that are terminated or suspended (without reactivation) prior to the completion of their Service Period will be subject to repayment of the Device Discount/Subsidy as set forth below in subsection (c). (b) Device Discount/Subsidy on Customer's Master Account. Subject to the requirements in the subsection (a) above, T-Mobile will issue the Device Discount/Subsidy when Customer submits an order to T-Mobile under its Master Account. (c) Device Discount/Subsidy Term/Termination; Device Discount/Subsidy Repayment. If any line of Service that received a Device Discount/Subsidy is terminated or suspended(without reactivation) prior to the end of its applicable Service Period (if using a one year Service Period), then Customer agrees to reimburse T- Mobile a pro rata portion of the Device Discount/Subsidy equal to(i) 1/12t"of the discounted or subsidized amount, multiplied by (ii) the number of months remaining in the applicable Service Period (i.e., the uncompleted months of the Service Period). T-Mobile will charge Customer the repayment amount of the Device Discount/Subsidy for each line of Service terminated before the end of the applicable Service Period on Customer's monthly bill. 6. Prepayment. Customer may, at its option, prepay in whole or in part Customer's total fee commitment for Services and Devices ordered under this Agreement.With respect to any such prepayment(or any other related payment),Customer is solely responsible for ensuring Customer's compliance with all applicable Federal, State and Local funding source and procurement laws,rules and regulations(including,without limitation, laws,rules and regulations under the Coronavirus Aid, Relief,and Economic Security(CARES)Act,and Customer represents and warrants compliance with the same. 2 T-Mobile for Education Higher Education/Libraries Agreement (Final Template v01 01 2022) The City of Corpus Christi,Corpus Christi Public Library CLM1515118 ECF FINAL[Legal 08.31.22ab] 7. Emergency Connectivity Fund; SPI Invoicing. If Customer is participating in the Emergency Connectivity Fund (ECF) program in connection with this Agreement, Customer is solely responsible for ensuring Customer's compliance with all applicable ECF program-related laws, rules, regulations and terms and conditions of participation. Additionally, if Customer has requested that T-Mobile invoice the federal government for reimbursement of the discountable amounts of the ECF equipment and services(i.e.,the SPI invoicing method), Customer has read and agrees to the terms and conditions of the Emergency Connectivity Fund Service Provider Invoice(SPI)Affirmation attached as Exhibit A. 8. Primary Contacts:The primary contact individuals for this Agreement are as follows(or their named successors): T-Mobile/Contractor Name: David Bezzant,Sr. Director,T-Mobile For Government Address: c/o T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue,WA 98006 Telephone: (425) 383-4000 Email: David.Bezzant@T-Mobile.com For Legal Notice—send a copy to: Name: Legal Department—Sales& Distribution,T-Mobile USA, Inc. Address: 12920 SE 38th Street, Bellevue,WA 98006 Email Copy To: Legal_Government—Contracts@T-Mobile.com Customer: Name of Customer/ The City of Corpus Christi,Corpus Christi Public Library/Debra Read, Business Manager Contact Name: Address: 805 Comanche Street, Corpus Christi,TX 78401 Telephone: (361) 826-7000 Email: debrar@cctexas.com This Agreement is executed by each Party's authorized representative as of the Agreement Effective Date. The City of Corpus Christi,Corpus Christi Public Contractor:T-Mobile USA,Inc. Library Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Reviewed and Acknowledged: T-Mobile USA, Inc. Legal Department 3 T-Mobile for Education Higher Education/Libraries Agreement (Final Template v01 01 2022) The City of Corpus Christi,Corpus Christi Public Library CLM1515118 ECF FINAL[Legal 08.31.22ab] EXHIBIT A Emergency Connectivity Fund Service Provider Invoice(SPI)Affirmation T-Mobile U.S. Inc. (NASDAQ: TMUS) America's supercharged Un-carrier, is participating in the Emergency Connectivity Fund (ECF), a $7.17 billion, federally funded, program that will help schools and libraries close the Homework Gap by providing funding for the reasonable costs of laptop and tablet computers; Wi-Fi hotspots; modems; routers; and broadband connectivity purchases for off-campus use by students, school staff, and library patrons in need during the COVID-19 pandemic. ECF allows for participating schools and libraries to seek reimbursements for eligible service and equipment either directly from the government (BEAR invoicing method) or by requesting that the service provider invoice the government(SPI invoicing method).T-Mobile is participating in the SPI invoicing method for this program. If requested to do so by the school or library,T-Mobile is willing to invoice the federal government rather than the school or library for payment.You must specify at the application stage which invoicing method you would like to use. If your school or library would like to use the SPI invoicing method, you must also submit evidence of T- Mobile's willingness, and may use this statement as an affirmation that T-Mobile is participating in SPI when completing your Form 471. We affirm our willingness to participate in the SPI invoicing method subject to the following: Prior to the start of service and receipt of equipment, if any, Customers who select the SPI invoicing method will enter into and execute an applicable T-Mobile services contract for the provision of ECF broadband connectivity services.T-Mobile will file the SPI Form to request reimbursement for the discountable amounts of the ECF eligible equipment and services. Customer is responsible for all charges related to any ineligible equipment and services or services obtained but not contained in the description of the service commitment request or decision. Until the Universal Service Administrative Co. (USAC) has issued a funding commitment, Customer agrees to pay the balance in full as billed by T-Mobile.Customer must elect SPI to be billed only the non-discounted portion.Customer account credits applied may be estimates subject to true-up in a later billing period. Customer is responsible for all charges incurred until and unless ECF funding is approved and disbursed by USAC, at which time Customer will remain responsible for all ineligible services, feature charges, and any other ECF program amounts unfunded, including equipment. Also, Customers who chose the SPI invoicing method should be aware that if ECF funding ends before the term of their services contract,they will be subject to the agreed rate of service for the remainder of the contract, net of any subsidy. For more information about ECF, please refer to the FCC ECF or USAC ECF websites. T-Mobile SPIN#:143026181 T-Mobile FRN#:0004121760 T-Mobile DUNS#:06-852-8376 T-Mobile Tax ID:91-1983600 4 T-Mobile for Education Higher Education/Libraries Agreement (Final Template v01 01 2022) The City of Corpus Christi,Corpus Christi Public Library CLM1515118 ECF FINAL[Legal 08.31.22ab] se o H v AGENDA MEMORANDUM NIOHPOHPI First Reading for the City Council Meeting of 09/20/22 1852 Second Reading for the City Council Meeting of 10/11/22 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveV(o-)-cctexas.com 361-826-3445 Amendment of the IDCU-COVID Grant increasing the contract by $125,000.00 for laboratory activities CAPTION: Ordinance appropriating $125,000 from an increase in the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2022, through August 31, 2024, for activities to provide COVID-19 epidemiologic and surveillance response activities, laboratory response network activities, and amending the operating budget. SUMMARY: To provide for laboratory costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services ("DSHS") has awarded a grant contract with an additional amount of $125,000.00 to provide for laboratory costs, supplies, and other expenses to ensure proper COVID-19 response is sustained and to build sustainable relationships with the communities within the jurisdiction of the CCNCPHD. ALTERNATIVES: Refuse the grant and discontinue offering services to assist communities disproportionately affected by COVID-19. FISCAL IMPACT: (Narrative no graphs) There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831861 F Mission Element: 103 COVID19 Response Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000812700042 Ordinance Ordinance appropriating $125,000 from an increase in the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2022, through August 31, 2024 for activities to provide COVID-19 epidemiologic and surveillance response activities and laboratory response network activities; and amending the operating budget Whereas, the Texas Department of State Health Services has awarded an additional $125,000 for Contract No. HHS000812700042 to provide funding in support of COVID-19 epidemiologic and surveillance response (Epi) activities and COVID-19 laboratory response network (LRN) activities. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program funds in the amount of $125,000 are appropriated in Health Grants Fund 1066 for COVID-19 epidemiologic and surveillance response (Epi) activities and COVID-19 laboratory response network (LRN) activities for the period of September 1 , 2022, through August 31 , 2024. Section 2. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $125,000. Section 3. The City Manager or designee (Director of the CCNCPHD) is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the grant amount. 1 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 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 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 Guajardo City Secretary Mayor 2 DocuSign Envelope ID:50B05819-6A30-40A3-A071-18B7842DE334 TEXAS Texas Department of State Health Services V Health and Human Services John Hellerstedt,M.D. Commissioner Steven Viera Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Subject: IDCU/COVID Contract Number: HHS000812700042, Amendment No. 1 Contract Amount: $1,076,649.00 Contract Term: 9/01/2022 - 7/31/2024 Dear Mr. Viera: Enclosed is the IDCU/COVID contract amendment between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to provide funding for COVID-19 outbreak response activities. This amendment increases the contract by $125,000.00 for laboratory activities. Please let me know if you have any questions or need additional information. Sincerely, Caeli Paradise, CTCM Contract Manager 512-776-3767 Caeli.Paradise@dshs.texas.aov P.O.Box 149347 • Austin,Texas 78714-9347 • Phone:888-963-7111 • TTY:800-735-2889 • www.dshs.texas.gov DocuSign Envelope ID:50B05819-6A30-40A3-A071-18B7842DE334 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000812700042 AMENDMENT No. 1 The DEPARTMENT OF STATE HEALTH SERVICES("SYSTEM AGENCY"OR"DSHS")and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("GRANTEE"), collectively referred to herein as the "Parties," to that certain grant contract for COVID-19 surveillance and enhanced laboratory activities effective September 1, 2022, and denominated DSHS Contract No. HHS000812700042 ("Contract"), now desire to amend the Contract. WHEREAS, the Parties desire to revise the Budget to add additional funding. Now,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION V, BUDGET, of the Contract is hereby amended to add $125,000.00 to the Contract for a total not-to-exceed amount of$1,076,649.00 for COVID-19 activities. 2. ATTACHMENT B, BUDGET, of the Contract is deleted in its entirety and replaced with ATTACHMENT B-1, REVISED BUDGET, attached to this Amendment No. 1. 3. ATTACHMENT B-1, REVISED BUDGET is attached to this Amendment No. 1 and incorporated as part of the Contract for all purposes. 4. This Amendment No. 1 shall be effective as of the date last signed below. 5. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract shall remain in full force and effect. 6. Any further revisions to the Contract shall be by written agreement of the Parties. 7. Each Party represents and warrants that the person executing this Amendment on its behalf has full power and authority to enter into this Contract. SIGNATURE PAGE FOLLOWS System Agency Contract No.HHS000812700042 Page 1 of 2 DocuSign Envelope ID:50805819-6A30-40A3-A071-18B7842DE334 SIGNATURE PAGE FOR AMENDMENT No. 1 DSHS CONTRACT No.HHS000812700042 SYSTEM AGENCY GRANTEE DocuSigned by: DocuSigned by: Kirk Cole D Sfw)- Vivo,Vivo,B�7••1 04DD3FAAF59048D.__ By• 7A188293F923439... Kirk Cole Steve Viera Name: Name: Title: Title: Deputy Commissioner Interim Director of Health August 26,2022 August 25,2022 Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT B-1 REVISED BUDGET System Agency Contract No.HHS000812700042 Page 2 of 2 DocuSign Envelope ID:50B05819-6A30-40A3-A071-18B7842DE334 ATTACHMENT B-1 REVISED BUDGET Categorical EPI LRN LRN Budget Expansion Expansion SPHL Funding Funding Funding Sept 1,2022 Sept 1,2022 Upon Budget Period to to Execution Contract July 31,2024 July 31,2024 to Total July 31,2024 PERSONNEL $584,568.00 $0.00 $0.00 $584,568.00 FRINGE BENEFITS $243,648.00 $0.00 $0.00 $243,648.00 Moll TRAVEL $12,131.00 $0.00 = $0.00 $12,131.00 EQUIPMENT $0.00 $0.00 $115,000.00 $115,000.00 SUPPLIES $15,000.00 $96,302.00 $0.00 $111,302.00 CONTRACTUAL $0.00 $0.00 $0.00 $0.00 OTHER $0.00 $0.00 $10,000.00 $10,000.00 TOTAL DIRECT $855,347.00 $96,302.00 $125,000.00 $1,076,649.00 CHARGES INDIRECT $0.00 $0.00 $0.00 $0.00 CHARGES TOTAL $855,347.00 $96,302.00 $125,000.00 $1,076,649.00 System Agency Contract No.HHS000812700042 Page 1 of 1 DocuSign Certificate Of Completion Envelope Id: 50B058196A3040A3A07118B7842DE334 Status: Completed Subject: Please DocuSign: HHS000812700042,Corpus Christi-Nueces Co. PHD(City), IDCU/COVID Amendment 1 Source Envelope: Document Pages:4 Signatures:2 Envelope Originator: Certificate Pages:6 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 160.42.85.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 8/24/2022 3:08:48 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Steve Viera [11—S,gnedby: Sent:8/24/2022 3:15:34 PM SteveV@cctexas.com fwtVida Viewed: 8/25/2022 10:45:31 AM Interim Director of Health 7A188293F923439 Signed:8/25/2022 10:45:40 AM Corpus Christi-Nueces County Public Health Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (None) Using IP Address: 155.190.8.7 Electronic Record and Signature Disclosure: Accepted:3/1/2022 5:00:47 PM ID:4f8f2f59-1a8a-43c3-a675-dd40eae6c04f Helen Whittington Completed Sent:8/25/2022 10:45:42 AM helen.whittington@dshs.texas.gov Viewed: 8/25/2022 11:07:21 AM Security Level: Email,Account Authentication Signed:8/25/2022 11:09:20 AM (None) Using IP Address: 167.137.1.17 Electronic Record and Signature Disclosure: Accepted:8/25/2022 11:07:21 AM ID:8bc8edb6-0179-4151-b3e7-d45c504cb757 PATTY MELCHIOR Completed Sent:8/25/2022 11:09:21 AM Patty.MeIchior@dshs.texas.gov Viewed: 8/25/2022 5:56:49 PM Director, DSHS CMS Signed:8/25/2022 5:57:56 PM Security Level: Email,Account Authentication Using IP Address: 167.137.1.17 (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 DocuSigned by: Kirk Cole Sent:8/25/2022 5:57:58 PM Kirk.Cole@dshs.texas.gov E04DMFAAF59048D irk Cole Viewed: 8/26/2022 11:43:42 AM Deputy Commissioner Signed:8/26/2022 11:45:44 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 160.42.85.12 Electronic Record and Signature Disclosure: Accepted:8/26/2022 11:43:42 AM ID:64a1 e907-1 c50-4014-a420-a2dOb2470251 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Denzel Otokunrin � Sent:8/24/2022 3:15:33 PM denzel@cctexas.com ED Viewed: 8/24/2022 3:21:05 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Raymond Maylone � Sent:8/24/2022 3:15:33 PM Raymond M2@cctexas.com ED Viewed: 8/24/2022 3:38:33 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Caeli Paradise Sent:8/24/2022 3:15:32 PM caeli.paradise@dshs.texas.gov ED Contract Manager Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/21/2021 2:35:07 PM ID:c6dab47b-ff17-4990-be85-4057f6a41671 Moriam Ojelade � Sent:8/24/2022 3:15:32 PM moriamO@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox LSent:8/26/2022 11:45:46 AM CMS.InternalRouting@dshs.texas.gov PiE DSHS Contract Management Section Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeannette Dianovich � Sent:8/26/2022 11:45:47 AM Jeannette.Dianovich@dshs.texas.gov ED Complex Procurement Speci Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/24/2022 3:15:33 PM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 8/26/2022 11:43:42 AM Signing Complete Security Checked 8/26/2022 11:45:44 AM Completed Security Checked 8/26/2022 11:45:47 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to:Steve Viera, Helen Whittington, PATTY MELCHIOR, Kirk Cole, Caeli Paradise ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Two Reading Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for amendment the "Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant' from the Texas Department of State Health Services appropriating an additional S125,000.00 for the Laboratory Response Network (LRN) into the Health Grants Fund to provide funding in support of Texas Initiative for COVID-19 response activities. City Council September 20, 2022 Background and Staff Recommendation • IDCU-COVID o To be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). Ensure proper COVID-19 response activities are sustained. o September 1, 2022, through July 31, 2024 Background and Staff Recommendation o Total Contract value is $1,076,649.00.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council September 20, 2022 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of 9/20/22 1852 Second Reading for the City Council Meeting of 10/11/22 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveV(o-)-cctexas.com 361-826-3445 Acceptance of the Revised Notice of Award for the Women, Infants and Children (WIC) Program which results in an increase in funding to the WIC program in the amount of$24,100, and appropriation of the funds for the contract period October 1, 2021, through September 30, 2022 CAPTION: Ordinance appropriating $24,100 from an increase in the Women, Infant and Children's Nutrition Program (WIC) grant for the period of October 1, 2021, through September 30, 2022; and amending the operating budget. SUMMARY: The grant award is to be used to provide for personnel costs, supplies, and other expenses to offer WIC services and associated activities related to the WIC program within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). This amendment will increase the grant award by $24,100. The total amount of the grant award will increase from $1,118,493 to $1,142,593. The funding increase will not change current FTE levels. BACKGROUND AND FINDINGS: The Texas Health and Human Services Commission (HHSC) has awarded an increase to an existing grant contract supplement for the WIC program in the amount of$24,100. This funding will provide for personnel costs, supplies, and other expenses to offer services and associated activities related to the WIC program within the jurisdiction of the CCNCPHD. Texas WIC is a nutrition program for pregnant women, breastfeeding women, and families with children younger than five. Texas WIC helps nourish infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education, and breastfeeding support. ALTERNATIVES: Refuse the grant amendment and discontinue offering WIC services. FISCAL IMPACT: No fiscal impact as the WIC program is 100% grant funded. The award includes an indirect cost allocation of 22.39% of direct salaries and wages. FUNDNIG DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831322F Mission Element: 106 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Ordinance COF Ordinance appropriating $24,100 from an increase in the Women, Infant and Children's Nutrition Program (WIC) grant for the period of October 1, 2021, through September 30, 2022; and amending the operating budget. Whereas, the Texas Health and Human Services Commission has awarded an additional $24,100 for contract HHS #HHS000802100001 for personnel costs, supplies and other expenses for the WIC Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: Women, Infant and Children's Nutrition Program (WIC) grant funds in the amount of$24,100 are appropriated in Health Grants Fund 1066 for personnel costs, supplies, and other expenses for the WIC Program, for the period of October 1 , 2021 , through September 30, 2022. Section 2. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $24,100. Section 3. The City Manager or designee (Director of the CCNCPHD) is authorized to execute any future amendments to the grant contract that extend the contract period or increase or decrease the grant amount. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 '--► TEXAS Texas Health and Human Services Commission V Health and Human Services Cecile Erwin Young Executive Commissioner August 22, 2022 Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA#38 RE: Revised Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001. This is a notification of your organization's FY 2022 (October 1, 2021 to September 30, 2022) revised WIC Local Agency funding. Your organization will be receiving the funding listed below: 4th Quarter FY2022 Current Reallocation Revised Project Funding Amount Total Project Project Contact C$ $ $ Estimated General Elsa Rodriguez $837,738 $0 $837,738 Admin Funding* e1sa.rodriguez2(d)hhs.texas.gov Peer Counselor Asia Sartor $84,469 $7,000 $91,469 asia.sartor(a)hhs.texas.gov Registered Dietitian Stephanie Holland $60,000 $0 $60,000 stephanie.hollandl(a)hhs.texas.gov Lactation Services Ngoc Huynh $7,200 $0 $7,200 naoc.huynh(d)hhs.texas.gov Lactation Support Betzabel Botello $0 $0 $0 Center betzabel.botello(a)hhs.texas.gov Innovation Center Juliette Coronado $0 $0 $0 Juliette.Coronado(a)hhs.texas.gov Dietetic Internship Melissa Mouton $0 $0 $0 melissa.mouton(fths.texas.gov WIC-SNAP** Beatrice Watson (NGO) Nutrition on the Go beatrice.watson(a)hhs.texas.gov WIC-SNAP** Lindsey Gray (HCP) Health Care Providers Lindsey.Gray@)hhs.texas.gov $0 $0 $0 WIC-SNAP** Asia Sartor (Peer Text) Peer Text asia.sartor(a)hhs.texas.aov WIC-SNAP** Obesity Stephanie Holland Prevention stephanie.hollandl(cbhhs.texas.aov $0 $0 $0 P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov August 22, 2022 Page 2 WIC-SNAP** Ngoc Huynh $0 $0 $0 Breastfeeding ngoc.huynh(a)hhs.texas.gov SNAP-Ed** Beatrice Watson (NGO) Nutrition on the Go beatrice.watson(a)hhs.texas.gov SNAP-Ed** Lindsey Gray (HCP) $12,610 $0 $12,610 Health Care Providers Lindsey.Gray(a)hhs.texas.gov SNAP-Ed** Asia Sartor (Peer Text) Peer Text asia.sartor(a)hhs.texas.gov SNAP-Ed** Obesity Stephanie Holland $10,000 $0 $10,000 Prevention stephanie.hollandi(a)hhs.texas.gov SNAP-Ed** Ngoc Huynh $0 $0 $0 Breastfeeding ngoc.huynh(a)hhs.texas.gov Extra Funding Beatrice Watson Summer Food beatrice.watson(a)hhs.texas.gov $4,516 $0 $4,516 Program Extra Funding Tammye Farmer-Holloman $6,960 $0 $6,960 TXIN Internet tammye.farmerholloman(&hhs.texas.gov Extra Funding Cash Elsa Rodriguez Value Benefits elsa.rodriguez2(@hhs.texas.gov $0 $17,100 $17,100 Overtime (CVB-OT) Extra Funding Kara Nemethy Improving Participant $40,000 $0 $40,000 Experience kara.nemethy(a)hhs.texas.gov Extra Funding Tammye Farmer-Holloman $0 $0 $0 Nutrition Education tammye.farmerholloman(&hhs.texas.gov Extra Funding Tammye Farmer-Holloman $55,000 $0 $55,000 Other tammye.farmerholloman(&hhs.texas.gov Other Projects Tammye Farmer-Holloman $0 $0 $0 tammye.farmerholloman(&hhs.texas.gov Total $1,118,493 $24,100 $1,142,593 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR): $15.07 per participant plus any earned incentives. **Amount billed under SNAP for Oct-Dec is funded with WIC funds (CFDA 10.557). Starting January 2022, SNAP project costs will be paid with SNAP-Ed funding (CFDA 10.561). For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual (i.e., incurred), allowable costs associated with each project. If the allocation amounts on special projects are exceeded, the invoice will be returned to the Local Agency for correction and resubmission. This notice does not relieve the aclency from seekincl additional approvals as reauired by WIC Policy. For questions regarding purchase requests, please contact Belinda Saunders at belinda.saunders@hhs.texas.gov or WICLARequests@hhs.texas.gov. P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 • hhs.texas.gov August 22, 2022 Page 3 For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tam mye.farmerholloman(a)hhs.texas.gov. Sincerely, Edgar Curtis, Texas WIC Director Health and Human Services Commission cc: Steve Viera, Interim Public Health Director P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Ordinance Ordinance appropriating $24,100 from an increase in the Women, Infant and Children's Nutrition Program (WIC) grant for the period of October 1 , 2021 , through September 30, 2022; and amending the operating budget. City Council September 20, 2022 Summary & Background Acceptance of the Revised Notice of Award for the Women, Infants and Children (WIC) Program which in the amount of $24,100 • The grant award is to be used to provide for personnel costs, supplies, and other expenses to offer WIC services and associated activities related to the WIC program within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). • This amendment will increase the grant award by $24,100 for grant funding period. • Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education and breastfeeding support. City Council September 20, 2022 Fiscal Impact and Staff Recommendation Fiscal impact • No fiscal impact as the WIC program is 100% grant funded. • The total amount of the grant award will increase from $1,118,493 to $1 ,142,593. • The award includes an indirect cost allocation of 22.39% of direct salaries and wages. • The funding increase will not change current FTE levels. Staff Recommends Approval City Council September 20, 2022 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of September 20, 2022 DATE: August 26, 2022 TO: Peter Zanoni, City Manager FROM: Mike Culbertson, Interim CEO mculbertson@ccredc.com (361) 882-7448 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (the Second Quarter of Calendar Year 2022) OUTSIDE PRESENTERJa Name Title/Position Organization 1. Mike Culbertson Interim CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to the City Council. In accordance with this practice, the CCREDC will update the City Council on its activities and the status of the local economy. This presentation covers April — June 2022. Our last presentation was on April 19, 2022. The Metropolitan Statistical Area (MSA) economy is moving back to normal with ups and downs. Although gas has started to go down, the Eagle Ford is still not pumping as before. With the unknown of oil's future, investors are hesitant to put more money into drilling. The unemployment rate has been coming down, and the MSA was down to 5.1% for a couple of months. It has since increased to 5.8%. Some of the increase in the unemployment rate can be attributed to teachers who are on a nine-month contract and are considered to be "unemployed" during the summer months. This will reverse in August. We still have a challenge in trying to increase the Labor Rate Participation. We believe some of this is hidden by the "gig economy", which is a labor market characterized by the prevalence of short-term contracts or freelance work as opposed to permanent jobs. Additionally, the housing market remains superheated. One of the goals of the CCREDC is to secure high paying jobs and diversifying our economy. Sales tax collections are up across most cities in the MSA from 2021 with the exception of a couple of smaller cities. The CCREDC is working on 23 major projects that are valued at $23.0 billion in capital investment and that could possibly create 3,800 quality primary jobs. The CCREDC 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 we are also looking at re-shoring opportunities. We are coordinating with partners to push a "sense of place" initiative. Your CCREDC is delivering value to the City and the region. LIST OF SUPPORTING DOCUMENTS: CCREDC City Council Q2 2022 Quarterly Update City Council Quarterly Update Q2: April - June 2022 PaA Corpus Christi Mike Culbertson REGIONAL ECONOMIC Interim CEO DEVELOPMENT CORPORATION re . September 20, 2022 AE Mission Statement { ' -- The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the region's economic base by developing andlor supporting Corpus Christi projects that create primary jobs to improve REGIONAL • • the diversity and size of the local economy. DEVELOPMENT CORPORATION Corpus Christi Local Market Housing Data Date Sales Dollar Average Median Total Months Corpus Volume Price Price Listings Inventory Christi LIM MSA I Jun. 2021 42 $12032263460:$280,24 $250,000 629 W 1. 1.8 , , e Apr. 2020 126,106,891 $309,845 ` $2703000 21 2.0 May 2022 40 132 317 21 $325104 $286 395 FF FF Jun. 2022 39 $1243293,3595 $3143667 $2763000 910 2.3"' 2.7 IVISA Unemployment Rates _. 9-0 &0 7.0 6.0 4.0 3,0 2-0 1.0 0.0 Jun, Jul. Aug. Sept, Oct. Nov. Dec, Jan, fPh. Mar, Apr. May :> 2021 1071 7021 2021 70111 2071 71171 7017 7%77 2022 707? 5022 -@-Corpus Christi MSA 8.0 1.4 1.0 6.S 6.1 6.0 5.8 616 63 513 �.1 S.1 -@-Texas 63 3.8 5.5 S.1 •1.8 4.r 11-2 4S d.1 3,9 3.1 3-S 4.^o #U.5_ 6.1 5.! 5,3 4-6 4,3 3.9 3.1 4.4 '1.1 3S 3.3 3-4 3.� June 2022 Employment by Sector for Corpus Christi MSA Monthly May June,, June June June Industry Change 2022 2021 2020 2019 2018 Total Nonfarm oil 700 181,300 196,100 195,900 Mining, Logging and Construction -600 18,90 18,800 24,100 25,500 Manufacturing 0 8,10 8,000 8,500 8,300 Trade, Transportation, and Utilities 100 I',j, 33,00 32,100 32,900 33,500 Information 0 2,60 2,500 2,700 2,600 Financial Activities 100 8,200 8,500 8,300 Professional and Business Services 500 ' 17,700 19,100 18,200 Education and Health Services 400 31,200 32,100 32,100 Leisure and Hospitality 800 23,300 27,700 26,800 Other Services 100 5,800 6,300 6,400 Government -700 33,700 34,200 34,200 Unemployment Rate �C.C. MSA5.8% Texas 4.4% U.S. 3.8% CCREDC Project Pipeline 23 Active Projects • 96A GREAT PLACE TO LIVE Am WORK. � 3,800 Jobs $23.08 Cap Ex Projects Jobs Cap Ex Sector Corpus Chrisd REGIONAL 8 1,955 $17.88 Petrocheml Energy 4 1,060 $ 4.1 B SteellMetal Fab 6 540 $ 0.1 B DroneslAviation 2 125 $ 0.1 B GreenlRecycling 3 120 $ 1.06 Adv. Manufacturing ECONOMIC Recent Announcements • A A !► - • CC Polymers resumes construction i • Port Corpus Christi rail line • LyondellBaselll Buckeye power agreement Area Projects Net Taxable Value Taxing Entity 10 Year 20 Year City of Corpus Christi 175,105,109 851,303,341 ' Nueces School Districts 332,414,584IL 598,673,16 COASTAL S4Le,, Del Mar College 25,824,005 47,867,469 A GREAT PLACE TO LIVE AM WORK. Type A Effect 24,834,069 IL 22,448,032 . CorpusThese taxes are net of any incentive offered. Assumed the time REGIONAL ECONOMIC DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments Proactively planning for what the "New Economy" will yield in terms of opportunities and changes to business environment 2021 Targeted Industries Analysis • Supply Chain Analysis CCREDC Reshoring/Nearshoring • Economic Diversification (e.g., Petrochemicals, Steel) Options Projects 4 Place-Making (Place-Attachment Survey) • Assess the factors that make 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 • Follow-up results presented at August Sr. Executive Breakfast q'W Manufacturing Manufacturing Reshoring Webinar: August 3 The Texas Manufacturing Center at UTRGV will CCREDC host a webinar for the Coastal Bend to discuss their Manufacturing Reshoring Initiative for the UpcomingSouth Texas Region. Events The U.S. Economic Development Administration supported program is a multi-phased project Tuesday August 30,2022 that will identify and develop existing suppliers, OnlineWebinar fill supply chain gaps, increase job growth and 10:00 AM CT encourage diversification. Why Hiring Local? se,a•„m:SSMA IIT V T�.__ �USMFS 8® PROMOTE A COMPANY'S AREA IMII"SMl Q AES°UFCFFUIVETTI"GC°"TACTS COASTAL BEND FIRST JOB FAIR: SEPTEMBER 20TH rJ ..ILo L.111 TALENTWT-..K An exciting event to match local companies in the Coastal Bend area with job seeking students nearing graduation from TAMU-CC. Employer aE"fFIT FR°M AREA "`ENTIVE P"°`RAM= registration is now open. miere¢am cmi xt.azs.zeze to rn.caa•mieeaa aea c¢r¢¢r roes Tuesday.SeOtember M,YOYY i t200p.m. 3000 m i Teaas a6m umreratyCoraus Ct,rge u ve o om• ee in • e ne,egion"• wbrey access a iuny.CC zlo G¢nts^' Questions Mike Culbertson Corpus Christi Interim CEO REGIONAL ECONOMIC DEVELOPMENT CORPORATION so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of September 20, 2022 DATE: September 12, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361 .826.3622 Update and Overview of the Coastal Bend Council of Governments STAFF PRESENTER(S): Name Title/Position Department 1.Tammy Embrey Director, Intergovernmental Communication and Relations Intergovernmental Relations ISSUE: The City of Corpus Christi is a member of the Coastal Bend Council of Governments and council requested an update on the organization. BACKGROUND: The Coastal Bend Council of Governments consists of 11 counties and 33 cities and serves as a critical point of gathering for many different programs. The Intergovernmental Relations Director will give the Council a brief history of the COG, issues currently being worked and the makeup of the board of directors and working committees. LIST OF SUPPORTING DOCUMENTS: PowerPoint— (Coastal Bend Council of Governments update) Coastal Bend Council of Governments Tammy Embrey September 20, 2022 1. Panhandle Regional Planning Commission 2. South Plains Association of Governments manna Regional Councils of Governments 3. Nortex Regional Planning Commission24 Service Areas m© © 4. North Central Texas Council of Governments (Governor's State Planning Regions,Chapter 5. Ark-Tex Council of Governments woman341,Texas Local Government Code) 6. East Texas Council of Governments =000 7. West Central Texas Council of Governments M®OMEM 8. Rio Grande Council of Governments 9. Permian Basin Regional Planning Commission Isowoman 10. ConchoValley Council ofGovernments 01AWROMM� 11. Heart of Texas Council of Governments 12 Capital Area Council of Governments � a �R ,� ���� o }�A 13. Brazes Valley Council of Governments 14. Dee East Texas Council of Governments''- - 15. South East Texas Regional Planning Commission © 16. Houston-Galveston Area Council �� 17. Golden Crescent Regional Planning Commission 18. Alamo Area Council of Governments 19. South Texas Development Council 20. Coastal Bend Council of Governments 21. Lower Rio Grande Valley Development Council ' . 22. Texoma Council of Governments Texas Association 23. Central Texas Council of Governments of Regional Councils 24. Middle Rio Grande Development Council www.txregionalcouncii.org Coastal Bend Council of Governments -D- Z • Established in 1966 as one of the earlier regional councils formed in the state of Texas • The governing board of the COG is made up of representatives of member governing entities • 11 Counties are included in the Region —Aransas (2), Bee (2), Brooks, Duval, Jim Wells (2), Kenedy, Kleberg (2), Live Oak, Nueces(17), Refugio, San Patricio (4) • Counties receive on vote for every 20,000 persons in population • 33 Cities are members of the COG— City of Corpus Christi (9), Kingsville (2), Alice (2), remaining cities have one vote • Cities over 15,000 in population receive one vote and receive one additional vote for every 35,000 in additional population 3 CBCOG Board meeting Schedule -D- Z • Board meetings are held on the 41hFriday of the Month with the following exceptions: • In December the CBCOG Board will meet on the 2nd Friday of the month unless changed by a majority vote • The November meeting is waived unless authorized by the membership • A quorum is met by having representatives from 6 counties and 17.5 votes from Cities present in the room • The next meeting will be held on Friday, September 23rd at 2pm at the COG offices on Leopard across from Miller Stadium. 4 WU Corpus Christi Board Members Council Member Ben Molina Council Member Roland Barrera Council Member Michael Hunter Council Member Gil Hernandez Mrs. Tammy Embrey Mr. Michael Rodriguez Mr. Peter Collins Mr. Esteban Ramos Mr. Neiman Young Alternates Gabriel Hinojosa Sony Peronel CBCOG Associate Members • Port of Corpus Christi • South Texas Water Authority • San Patricio Municipal Water District • Nueces County Drainage District No. 2 • Nueces County WCID No. 3 • Corpus Christi MPO CBCOG Executive Staff • Executive Director John Buckner • Director of Finance Veronica Toomey • Director, Area Agency on Aging Viola Monrreal • Director, Planning and Economic Development Emily Martinez • Homeland Security Planning Coordinator RJ Thomas CBCOG Standing Committees • Area Agency on Aging Committee • Criminal Justice Public Protection Committee • Chaired by Pat Eldridge • Economic Development Committee • Regional Resilience Partnership with HRI • Homeland Security Advisory Board Committee • Solid Waste Advisory Committee • 9-1-1 Networking Committee