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HomeMy WebLinkAboutAgenda Packet City Council - 04/08/2014 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ply � xF Meeting Agenda - Final 011tUPIR ""o City Council Tuesday,April 8,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Rabbi Kenneth D. Roseman, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 14-00389 Proclamation declaring April 6-12, 2014, as "National Crime Victims' Rights Week" Proclamation declaring April 7-11, 2014, as "Human Trafficking Awareness Week" Proclamation declaring April 24, 2014, as "Pay It Forward Day" Proclamation declaring April 2014, as "Corpus Christi Safe Digging Month" Proclamation declaring April 2014, as "Sexual Assault Awareness & Prevention Month" Corpus Christi Page 1 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. City Performance Report -Health Department b. Other H. EXECUTIVE SESSION: (ITEMS 2 -3) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 14-00385 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys to seek advice on contract matters, with possible action and discussion in open session. 3. 14-00386 Executive Session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater systems, with possible discussion and action in open session. I. MINUTES: 4. 14-00390 City Council Retreat of March 4, 2014 and Regular Meeting of March 25, Corpus Christi Page 2 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 2014 Attachments: Retreat Minutes-March 4, 2014 Retreat Summary-March 4, 2014 Minutes- March 25, 2014 J. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 5 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 14-00291 Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14, based on lowest responsible bid for an estimated annual expenditure of$673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Bayfront Parks & Medians Strip Mowing Turf& Grounds Maintenance Aspen Lawn Care D-Bar Contractors Corpus Christi, TX. San Benito, TX $109,399.90 $152,423.60 Corpus Christi Page 3 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 D-Bar Contractors Maldonado Nursery & San Benito, TX Landscape, Inc. $52,186.40 Corpus Christi, TX $211,131.90 Dorame General Repair& Lawn, LLC Corpus Christi, TX $101,346.00 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 Attachments: Agenda Memo-Stormwater ROW&Bayfront Parks Mowing.pdf Bid Tabulation-Storm Water ROW&Bayfront Parks Mowing.pdf Service Agreements-Storm Water ROW&Bayfront Parks Mowing.pdf 6. 14-00297 Supply agreement for liquid aluminum sulfate for use at the O. N. Stevens water treatment plant Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI-0090-14 based on lowest responsible bid for an estimated annual expenditure of$1,248,390.00, of which $624,195.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo- Liquid Aluminum Sulfate.pdf Bid Tabulation- Liquid Aluminum Sulfate.pdf 7. 14-00308 Supply agreement for hot tap fittings for repairing or adding lines for new gas service Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI-0093-14 based on only bid for an estimated annual expenditure of$90,264.00, of which $45,132.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Corpus Christi Page 4 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 Attachments: Agenda Memo- Hot Tap Fittings.pdf Bid Tabulation- Hot Tap Fittings.pdf 8. 14-00288 Second Reading Ordinance -Amending the Unified Development Code by increasing time limit for Council action on applications (1st Reading 3/25/14) Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), and historic overlay districts or landmark designations; and providing for severance, penalties, and publication. Attachments: Agenda Memo- UDC Amendment, Time Limit for Council Action Ordinance- UDC Amendment, Time Limit for Council Action 9. 14-00117 Second Reading Ordinance -Amending the Fiscal Year 2013-14 Operating Budget to extend it by two months (1st Reading 3/25/14) Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. Attachments: Agenda Memo-2 Month Extension of Fiscal Year 2013-2014 Ordinance-2 Month Extension of Operating Budget Schedule of Adjustments-2 Month Extension 10. 14-00236 Second Reading Ordinance -Type AAgreement for Hausman Foods, LLC (1st Reading 3/25/14) Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. Attachments: Agenda Memo- Hausman Ordinance- Hausman Business Incentive Agreement- Hausman Project Service Agreement-Hausman 01-22-14 Corpus Christi Page 5 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 14-00361 Public hearing regarding a "Substantial Amendment" to the FY2013-2014 Consolidated Annual Action Plan to extend the current Fiscal Year Public hearing to inform the general public of the extension of the FY2013-2014 Consolidated Annual Action Plan which will be August 1, 2013 to September 30, 2014 and to allow for public comment. Attachments: Agenda Memo-Substantial Amendment to CAAP 12. 14-00303 Public Hearing and First Reading Ordinance -Exempting The Grand Reserve Subdivision Unit 2, located between Glenoak and Caribbean Drives and East of Flour Bluff Drive, from the wastewater lot/acreage fees Ordinance exempting The Grand Reserve Subdivision Unit 2, a subdivision located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Sanitary Sewer Connection, The Grand Reserve Subdivision U Ordinance-Sanitary Sewer Connection, The Grand Reserve Subdivision Unit 2 Location Map-Sanitary Sewer Connection, The Grand Reserve Subdivision Un Agreement-Sanitary Sewer Connection, The Grand Reserve Subdivision Unit Wastewater Master Plan Map-Sanitary Sewer Connection, The Grand Reserve N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 13 -20) 13. 14-00217 First Reading Ordinance - Participation agreement for the bridge on South Oso Parkway Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC, Developer of The Coves at Lago Vista Unit 3B, in the amount of$171,451.95 for the City's portion of the cost of the South Oso Parkway Bridge over King Estates Ditch, in accordance with the Unified Development Code. Corpus Christi Page 6 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 Attachments: Agenda Memo- Participation Agmt, Coves at Lago Vista Unit 3B Ordinance- Participation Agmt, Coves at Lago Vista Unit 3B Agreement-Coves at Lago Vista Unit 3B,Signed Location Map- Participation Agmt, Coves at Lago Vista Unit 3B Exhibits 1-4-Participation Agmt, Coves at Lago Vista Unit 3B 14. 14-00319 First Reading Ordinance - Appropriating funds for replacement of Gulf beach lifeguard stand Ordinance appropriating $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. Attachments: Agenda Memo- Lifeguard stand approp Ordinance- Lifeguard Stand approp 15. 14-00320 First Reading Ordinance -Accepting and appropriating Regional partial grant for the Elderly Nutrition Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo- ENP FY14 Grant Award#2 Ordinance- ENP FY14 Grant Award#2 Agreement- ENP FY14 ENPAA3-1148-4 16. 14-00322 First Reading Ordinance - Accepting and appropriating State grant for home delivered meals for the elderly Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services - Texans Feeding Texans. Attachments: Agenda Memo-Texans Feeding Texans Grant 2014 Ordinance-Texans Feeding Texans Grant 2014 Agreement-Texans Feeding Texans 2014 Grant Award 17. 14-00335 First Reading Ordinance - Engineering design contract for Old Robstown Road from State Highway 44 to Leopard Street (Proposed 2014 Bond Election) Corpus Christi Page 7 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. Attachments: Agenda Memo-Old Robstown Road BOND 2014 Ordinance-Old Robstown Road Project Budget-Old Robstown Road-with formulas Location Map-Old Robstown Road Contract-Old Robstown Road Presentation-Old Robstown Road 18. 14-00345 First Reading Ordinance - Construction contract for Runway 13-31 Extension/Displacement and Connecting Taxiway Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS, Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 - 8. Attachments: Agenda Memo-Construction CCIA 13-31 Runway Ordinance-Construction CCIA 13-31 Runway Project Budget-Construction CCIA 13-31 Runway.pdf Location Map.pdf Presentation-Construction CCIA 13-31 Runway 19. 14-00360 First Reading Ordinance - Lease agreement with Brooks Chapel for property located at 1517 Winnebago Corpus Christi Page 8 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. Attachments: Agenda Memo- Brooks Chapel Lease Agreement Ordinance- Brooks Chapel Lease 2014 Lease- Brooks Chapel 20. 14-00347 First Reading Ordinance -Appropriating funds for marketing and co-promotion expenditures at the American Bank Center Ordinance appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. Attachments: Agenda Memo-ABC Marketing CoPromotion Funding Ordinance-ABC Marketing CoPromotion Funding Summary-ABC Marketing Co-Promotion Events P. FUTURE AGENDA ITEMS: (ITEMS 21 -24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 21. 14-00213 Agreement for Bond Counsel Services Motion authorizing the City Manager to enter into an agreement with Fulbright &Jaworski, LLP of San Antonio, Texas to perform bond counsel services for the City of Corpus Christi. Attachments: Agenda Memo- Bond Counsel Services Evaluation Summary- Bond Counsel Services Letter of Agreement- Bond Counsel Services 22. 14-00334 Authorizing forensics building to be constructed at an alternate location due to excessive cost at planned location (Bond 2012) Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 - a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of the forensics building portion of the Project at an alternate, more suitable, and less costly location. Corpus Christi Page 9 Printed on 41312014 City Council Meeting Agenda-Final April 8, 2014 Attachments: Agenda Memo-Vehicle Impound Yard Phase 2 Forensics Building.pdf Resolution -Vehicle Impound Yard Phase 2 Forensics Building.pdf Location Map-Vehicle Impound Yard Presentation-Vehicle Impound Yard Phase 2 Forensics Building.pdf 23. 14-00344 Engineering design contract amendment no. 1 for Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for additional design, bid, and construction phase services. Attachments: Agenda Memo-Greenwood VVVVTP Project Budget-Greenwod VVVVTP Location Map-Greenwood VVVVTP Contract-Greenwood VVVVTP Presentation-Greenwood VVVVTP 24. 14-00321 Approving agreement and purchase of permanent art for Fire Station #5 Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Lynda Jones for a work of permanent art created in glass tile and authorize disbursement of$17,770 from the Bond Fund 3191 for such purchase. Attachments: Agenda Memo- Fire Station#5 artist agreement Attachment- Fire Station#5 drawing Artist Agreement-Fire Station#5 Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. R. ADJOURNMENT Corpus Christi Page 10 Printed on 41312014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, March 4, 2014 1:00 PM RETREAT LOCATION: Holiday Inn Downtown Marina 707 N. Shoreline Blvd. Corpus Christi,TX 78401 CITY COUNCIL RETREAT Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE MEETING ROOM. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. (Note: Council Member Scott arrived at 1:10 p.m.) Present: 7- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 2- Council Member Priscilla Leal, and Council Member Colleen McIntyre C. Welcome and Review of Retreat Agenda The retreat was facilitated by Ms.Toby Futrell. Ms. Futrell provided a review of the retreat agenda including the continuous improvements to be the Best City in Texas and what it takes;checking in on last year's Council Priorities; discuss proposed 2014 Council priorities; review the recent citizen survey results;finalize the 2014 Council priorities; and summary. D. Opening Comments City Manager Ron Olson discussed the need for continuous improvement and the changes made to the management process and organization culture. Mr. Olson referred to the strategic plan and the process to achieve those goals. Mr. Olson stated that as decisions are being made, he is implementing a 3-D process of discovery,discussion, and decision making. Mr. Olson added that the conditions of the City did not happen overnight,and the processes to make those changes will be long term. E. Report on 2013 Policy Priorities Corpus Christi Page 1 Printed on 41312014 City Council Meeting Minutes March 4,2014 Ms. Futrell referred to the 2013 Council priorities and highlighted the Council's focus areas including streets, building maintenance,asset management;the Mary Rhodes Pipeline Phase II;alternative water supply and development, water reuse;workforce development; infill redevelopment and specific area plans. City Manager Olson presented the steps implemented in each of the three priority area including 1)taking care of assets and resources,2)Water Policy and 3) Economic Development Policy. F. Discuss 2014 Policy Priorities Ms. Futrell referred to the discussion on the 2014 policy priorities. Ms. Futrell presented for discussion the following list of preliminary priorities provided by the City Council: 1) Road Conditions, including a residential road improvement plan and implementing major road reconstruction and maintenance plans; 2) Adopting Economic Policies that Shape our Economy including targeting industry niches, tailored incentives,and area specific policies;3)Water Policy addressing water supply education,development and contracts;and 4) Parks Maintenance Plan and Funding. G. Review Latest Citizen Survey Ms. Futrell referred to the review of the latest citizen survey. Dr. Daniel Jorgensen with Texas A&M University-Corpus Christi presented information on the survey methodology;demographics of the respondents;zip code coverage. Ms. Futrell provided a review of the survey areas for celebration including quality of life&long-term planning, parks and libraries, public safety, customer services,and quality of specific city services. Ms. Futrell also reviewed the areas for improvement including the quality of life and long term planning; road conditions;economic development; public safety; taking care of our assets and resources in code enforcement,environment,and parks maintenance;and quality of specific city services. City Manager Olson addressed the City needs for improvement and the action plans in progress. H. Finalize 2014 Policy Priorities Ms. Futrell opened discussion on finalizing the 2014 policy priorities.After a brief discussion and feedback from the City Council, Ms. Futrell summarized the 2014 goals as follows (see attached report, included as part of these minutes): 1) Road conditions, including residential roads;2)Water Policy;3) Economic Development Policy;4) Quality of Life&Long Term Planning;5) Taking Care of Our Assets&Resources;and 6) Public Safety. I. Retreat Summary& Close City Manager Ron Olson stated that staff will work to address and implement the Council priorities in addition to the continuing efforts to accomplish the work as part of the strategic plan. J. Council Meeting Calendar City Secretary Huerta referred to the City Council meeting calendar and recommended canceling the following Council meetings:August 12,2014; November 25,2014; December 23,2014;and December 30,2014. There was a consensus of the Council to cancel the recommended meeting date. Corpus Christi Page 2 Printed on 41312014 City Council Meeting Minutes March 4,2014 K. Adjournment The Council retreat was adjourned at 4:10 p.m. Corpus Christi Page 3 Printed on 41312014 S cP o INFORMAL STAFF REPORT tNCORPORAtE 1852 MEMORANDUM To: Ron L. Olson,, City Manager From: Esther Velazquez, Assistant to the City Manager Date: March 12,, 2014 Subject: 2014 City Council Retreat The City Council held their annual retreat on March 4, 2014. The retreat was facilitated by Ms. Toby Futrell. The following report is a summary of the retreat. In her opening comments, Ms. Futrell laid out the goals for the day's retreat. The objectives were: • Alignment among last year's Council priorities, proposed Council priorities for 2014 and the most recent citizen survey results; and • Alignment between the most recent citizen survey results and both the City's current policy discussions and management's current operational initiatives. Ms. Futrell explained that cities typically lagged in their citizen surveys whereby an area of concern is identified and subsequently the city reacts to explore and resolve the issue. With the recent citizen survey, Ms. Futrell found the Council and City Manager were leading the survey. The survey data validated the policy areas already under discussion and improvement plans were already underway in Corpus Christi. Ms. Futrell outlined the following topics of discussion for the retreat: 1. Continuous Improvement to be the Best City in Texas. What it Takes. 2. Checking In on Last Year's Council Priorities. 3. Discuss Proposed 2014 Council Priorities. 4. Review Recent Citizen Survey Results. 5. Finalize 2014 Council Priorities. 6. City Manager Goals Support Continuous Improvement Efforts. 7. Retreat Summary. Continuous Improvement To Be The Best City In Texas City Manager Ron Olson discussed the need for continuous improvement to be the best city in Texas. He reviewed his Strategic Plan diagram (see Attachment A) and the process of working towards the achievement of that goal. The key points were: • Understanding the Level & Complexity of Change Required • Involving Difficult Organizational Culture Change • Requiring Leadership Focus &Tenacity • Demanding a 3-D Process: Discovery Discussion Decision Making • Tees Up the Debate. Raises Awareness. Reflects in Survey. Validates We are ""Leading"the Survey • Expecting a Long-term Change Process: Results Will Not be Immediate Checking In On Last Year's Council Priorities Ms. Futrell reviewed the 2013 Council priorities as follows: • What is Being Done in each Priority Area? Priority 1: Taking Care of Assets & Resources Priority 2: Water Policy Priority 3: Economic Development Policy 2013 Council Priority 1: Taking Care of Assets & Resources • Street Investment Policy, including Dedicated Funding Through Bond Dollars & Street Maintenance Fee • Citywide Facility & Property Services Inventory & Improvement Plan • Asset Management: Parks & Public Utilities Master Plan Fleet Replacement Plan Solid Waste & Municipal Court Assessments Public Works & Utilities Reorganization Human Infrastructure: Class/Compensation Study, Workforce Succession Planning 2013 Council Priority 2: Water Policy • ROI Analysis, Funding & Construction of Mary Rhodes Pipeline Phase 2 • Water Supply Development Desalination 2 Brackish Aquifer Storage & Recovery • Conservation & Reuse (effluent) • Utility Rate Evaluation for Sustainability & Continuity for Future Capital Requirements 2013 Council Priority 3: Economic Development Policy • Drafting Economic Development Strategies & Policies • Comprehensive Plan Components Infill & Redevelopment Affordable Housing • Area Plans Central Downtown Business District, SEA District, Uptown, ROW from realignment of Harbor Bridge, Northside, & North Beach Southside Area Development Plan • Over the Last 3 Years, approximately $9 million Supported Workforce Readiness & Development Efforts in our Community Discuss Proposed 2014 Council Priorities A week prior to the retreat, the City Council was asked to provide a preliminary list of priorities as their top areas of focus for 2014. Ms. Futrell facilitated a round table discussion with Council to explain and explore the four preliminary areas identified as follows: 1. Road Conditions a. Residential Road Improvement Plan b. Implementing Major Road Reconstruction & Maintenance Plans 2. Adopting Economic Development Policies that Shape Our Economy a. Targeted Industry Niches b. Tailored Incentives c. Area Specific Policies (i.e., Downtown) 3. Water Policy a. Water Supply Education b. Water Supply Development c. Water Supply Contracts 4. Parks Maintenance Plan & Funding 3 Review Recent Citizen Survey Results Dr. Daniel Jorgensen, a professor of public administration at Texas A&M University-Corpus Christi discussed the survey history and methodology. Dr. Jorgensen explained the demographics of the respondents and the zip code coverage. Citizen Survey Methodology • A Survey Instrument of Approximately 109 Closed-ended Questions • 94 Attitudinal Categories With History From the 2011 Survey • 55 or About 60% With Benchmarks From Texas Cities • New Questions Look at Social Media Usage And Information • Cluster Sampling Process 1834 Households Selected For a Survey Throughout The City About a 1.5% Probability Your Household Would Be Surveyed • In-person Survey Delivery the 2nd And 3rd Weekends in November • 509 Respondents • Completion Response Rate of 27.75% -- Considered Good With No Incentives & a Long Survey Instrument • 95% Confidence Level • +/- 4.25% Margin of Error Ms. Futrell then reviewed areas in the survey where the City showed improvements. City Manager Ron Olson talked about Corpus Christi being on the brink of major growth and of its number 17 ranking in the Milken Institute's Best-Performing U.S. Cities. Areas for Celebration 1. Quality of Life & Long-Term Planning 2. Parks & Libraries 3. Public Safety: Police, Fire & EMS 4. Customer Service 5. Quality of Specific City Services: Solid Waste, Water Utilities, Animal Control, Flood Control City Manager Ron Olson explored the areas in the survey where the City needs improvement and shared with Council the in-progress action plans for each. Areas for Improvement 1. Quality of Life & Long Term Planning 4 Action Plan: Awarded Contract for Long-term Strategic Planning Services, Including Developing Strategic Comprehensive &Area Plans Downtown Area Development Plan Central Downtown Business District SEA District Uptown Harbor Bridge Realignment of ROW Northside North Beach Southside Area Development Plan 2. Road Conditions Action Plan: Four Comprehensive Street Strategies Street Maintenance: City Council adopted street maintenance fee, policies, & rates on 6/25/13 CIP for Reconstruction/rehabilitation of Arterials & Collectors: Bond in phases CIP Rehabilitation/Reconstruction for Local/Residential Streets: Bond in phases Assessment Program to be discussed with City Council in Spring Policies: Street Design Standards — City Council adopted new standards requiring 30 year life expectancy including additional base materials &curb/gutter backfill on 3/19/13 Street Cut Policy — City Council adopted street cut policy on 12/17/13 3. Economic Development Action Plan: Economic Development Strategic Plan Under Development Four Goals are: Economic Diversity Workforce Development Quality of Place Regional Cooperation 5 Ten Strategies Established, Including Strengthening Existing Businesses Working on Targeted Market or Industry Niches, Area-Specific Policies &Tailored Incentive Tool Guidelines Type A Retreat Planned for Targeted Investment of Remaining Dollars 4. Public Safety: Police & Municipal Court Action Plan: Continued Increase in Police Presence Traffic Enforcement (Up 37%) DWI Enforcement (Up 16%) No-Texting Ordinance SAD (Stop Aggressive Driving) Program Renewed Juvenile Curfew Ordinance Continue City Support of Juvenile Assessment Center to Aid At-Risk Youth Focused Multi-Agency Gang Enforcement Efforts Evaluate Adding In-Service Training to Improve Officer Interaction with Citizens Municipal Court — Software system replacement underway along with implementation of other improvement recommendations under new management 5. Taking Care of Our Assets & Resources: Code Enforcement & Cleanliness of City Action Plan: Realigned Code Enforcement & Neighborhood Improvement under Police Department Established Interdepartmental Nuisance Abatement Team Approved Litter Ordinance & Extensive Educational Program Built City's 1st Database of Facilities & Property Established Facilities & Property Maintenance Plan with 6 Recommendations for Improvement 6 6. Taking Care of Our Assets & Resources: Environment Action Plan: Centalized Management of Public Utilities Water Quality of Bays & Estuaries: Address SSOI Issues Approved Litter Ordinance & Extensive Educational Program for Litter Reduction Adopting Stormwater Best Management Practices Working with TCEQ to Identify Sources of Bacteria Developing Bacterial Mitigation Action Plan Drainage Issues: Street Funding Strategies Will Address Road, Curb & Gutter Issues 7. Taking Care of Our Assets & Resources: Parks Maintenance Action Plan: City Parks Master Plan Implementation Includes Parks Maintenance Plan Accelerate 10-year Master Plan to 3 years Evaluate Resources Needed as Part of Proposed Budget Mowing Consolidation Create Strategy for Youth Sports Organizations Assistance Pursue Public/Private Partnership to Develop New Athletic Complex for Tournaments 8. Quality of Specific City Services Action Plan: Taste & Quality of Drinking Water Heavily Influenced by the Water Quality You Start With Need to Explore Citizen Concerns with Gas Service Further: Holmes Drive Explosion Due to Gas Leak Although Decreasing, Continued High Volume of Gas Leaks Pilot Light & Gas Turn On Requests During 11/10/13 Cold Snap Ms. Futrell paused after each area of discussion to get feedback from Council on the findings. Finalize 2014 Council Priorities Ms. Futrell conducted another roundtable discussion regarding priority alignment. She pointed out that a very strong alignment existed between the data and the City's current policy discussions, as well as what Council had already identified as priority policy areas through recent decisions and direction to the City Manager. 1. Road Conditions, Including Residential Roads • Implement Major Road Reconstruction & Preventative Maintenance Plans • Develop, Fund, & Implement Residential Road Improvement Plan 2. Water Policy • Update & Report on State of Water Supply • Continued Water Supply Development • Comprehensive, Equitable Review of Water Supply Contracts 3. Economic Development Policy • Create Policy that Shapes Our Economy by Targeting Desired Industry Niches Using Tailored Incentives &Area-Specific Plans • Build on Diversity of Businesses Inside City Limits • Develop Strategies to Retain & Grow Existing Businesses • Continue Investment in Citywide Workforce Development and Readiness 4. Quality of Life & Long Term Planning: • Long-term Planning: Develop Comprehensive &Area Development Plans • Quality of Life: Improve City as a Place to Raise Children 5. Taking Care of Our Assets & Resources: • Code Enforcement & Cleanliness of City • Strengthen Enforcement Efforts to Eliminate High Weeds, Abandoned/Junk Vehicles, Dilapidated or Vacant Buildings • Litter Education, Prevention, & Enforcement • City Facilities & Property • Improve the Maintenance of City Facilities & Property 8 • Improving the Appearance of City Parks & Quality of Outdoor Athletic Fields o Environment • Continue Evaluating & Implementing Storm Water Drainage Best Practices • Monitor Impacts of Best Practices on Water Quality in Our Bays & Estuaries 6. Public Safety: • Develop Policing Strategies To Improve Nighttime Safety Downtown • Disrupt & Deter Gang-related Criminal Activity • Identify At-risk Youth & Reduce Juvenile Crime • Improve Officer Interactions With Citizens • Municipal Court Information Technology Improvements & Other Improvement Efforts Throughout the discussion, Council provided additional input. Ms. Futrell recorded all feedback and prepared the attached final 2014 Council Priorities (see Attachment B). City Manager Goals Support Continuous Improvement Efforts City Manager Ron Olson laid out five key goals which support the continuous improvement efforts: 1. Reaffirm the ethical foundation of the organization. 2. Institutionalize a sound and effective management process. 3. Set realistic expectations regarding services and continuously improve organizational performance until Corpus Christi becomes the pre-eminent benchmark among Texas Cities. 4. Make the financial capacity of the City sustainable. 5. Assure that appointed City leadership is capable & strong. Retreat Summary City Manager Ron Olson praised Council for a process he coined discovery, discussion and decision making. "Rather than fire, aim, ready, this Council is being very disciplined in a policy making process that is ready (discovery), aim (discussion), fire (decision making). By doing this, we are teeing up the public debate, increasing citizen involvement and raising awareness of key policy issues. This is why our policy initiatives are leading the citizen survey this time around and our policy making is hitting the mark," said City Manager Ron Olson. 9 OTHER BUSINESS City Secretary Rebecca Huerta reviewed the 2014-15 Council meeting calendar. She recommended the following Council meetings for cancellation: • August 12 — Summer Break • November 25 — Thanksgiving • December 23 — Christmas Holiday • December 30 — New Year's Holiday The Council concurred with the meeting schedule as proposed. Mayor Martinez adjourned the retreat at 4:10 p.m. 10 Where We Are Today Governance With Leadership By one voice Majority Rule Connect to Constituency Unified Vision Communication Persuasion / Influence gy Giving als much latitude Policy general guidance to staff as possible With Appropriate Oversight Best Performance in Delivering Municipal Services Process Improvement Execution 4 Engaged People Planning Capable 1 On Time Strategic I Ian Envision -- Believe "Cit 13 for Attachment A Best Financial Performance Best Performance in Customer Service Sotittoetion with OA' Personal Service - On Budget On Quality ' Quick Base Selection Training 4- Development 4-DiscipIine Business Plan Appoint a Champion. r Enforcement + ' Consequences A Measurement – Surveys + Feedback – Secret Shopper Business Plan Budget CPM Hire the right a Eyeball to Eyeball Training Kind of People r 4 Phone Training 4 General Training Clarify & Standardize Expectations Work Values 4—Mgt. Philosophy 4- Ethical Foundation Succession Plan' Strategic Plan CPM Vision 4—Goals 4—Budget Accounting System p g Long-term Tool 1 Debt 4—Succession Plan 4—Service 0, CIP ' Reserve Ratios ' Debt Service Ratios Tax & Fee Burden ' (also by household income) ' By Department ' By Mission Element ' By Service Component A Performance Against Budget 'le identity � =y 000perarion dness tconomy dent Appearance Hearth care taut _rioto Shoppingotto Sports Attachment B 2 014 C 0 U �m C ............... �1 IIII .IIII IIIIVIIIIV IIIIi�IIIIV Illllllllr° Illlllllli� Illlrllli ° � Residential Roads Utilities & Drainage Lighting & Sidewalks Park Maintenance & Enhancements Code Enforcement & Cleanliness Illli VIII' Illlll Continue Water Supply Development Educate the Public on Water Supply & Strategy Align Water & Wastewater Strategies VIII ° r° ..iii VIII VIII Illllllllrllli ° VIII°' Illll l Create Policies that Shape our Economy by Targeting Desired Business Niches Develop Area Specific Plans Using Tailored Incentives, i.e. Creating a Vital Downtown Expand Diversity of Businesses Retain & Grow Existing Businesses Quil..l.[ty of IIII. I[f e & VIII Ilia """ Illli llllr° VIII''°' VIII Ills liiii llli • Strengthen the City as a Place to Live & Raise Children • Nurture the Environment While We Grow the Economy • Improve Downtown Safety 11114 IIIIIIIIi Care of WrAssets & IllaZesource Execute Major Road Reconstruction & Maintenance li Plans Implement City Facilities & Property Maintenance Plan Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, March 25,2014 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Josue Gray, Iglesia La Luz del Mundo. Pastor Josue Gray gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Cadet Commander Jeffery Miller with the Flour Bluff High School NJROTC gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been granted a leave of absence. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City Secretary Rebecca Huerta. Present: 7- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 2- Council Member Priscilla Leal, and Council Member Chad Magill E. Proclamations /Commendations 1. Proclamation declaring March 25, 2014, as "Flour Bluff High School NJ ROTC Area 10 Texas State Champions 1994-2014" Proclamation declaring March 28-30, 2014 as "Corpus Christi Festival of the Arts" Proclamation declaring March 30, 2014 as "15th Annual Celebration of Cesar Chavez Day" Corpus Christi Page 1 Printed on 41212014 City Council Meeting Minutes March 25,2014 Proclamation declaring April as "Earth Month 2014", and Saturday, April 12th, as the day of celebration, to be held at Heritage Park, "Earth Day- Bay Day 2014" Proclamation declaring April 1, 2014 as "Mayors Day of Recognition for National Service" Proclamation declaring April 8, 2014 as "National Equal Pay Day" Mayor Martinez presented the proclamations. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the audience.Jack Gordy,Johnny French, Lonnie Lenningham and Mary Ann Kelley spoke regarding the possum policy.Joan Veith expressed condolences to Council Member Loeb for the loss of his father.Abel Alonzo thanked Police Chief Floyd Simpson and officers for protecting the community.Jerry Garcia invited the Council to open ceremonies at Southside Pony League and spoke regarding assistance for the league. Carlos Torres, President of the Corpus Christi Firefighters Association spoke regarding the assessment of efficiency and effectiveness of the Fire Department. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments a. City Performance Report -Library Services Director of Libraries Laura Garcia provided a briefing on the operation, mission and goals of the Library Services Department. b. Other None. H. EXECUTIVE SESSION: (NONE) I. MINUTES: 2. Special Meeting of March 4, 2014 and Regular Meeting of March 18, 2014 Mayor Martinez called for approval of the minutes. Council Member McIntyre made a motion to approve the minutes,seconded by Council Member Scott Corpus Christi Page 2 Printed on 41212014 City Council Meeting Minutes March 25,2014 and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 13-17) Approval of the Consent Agenda Mayor Martinez called for consent agenda Items 13-17. City Secretary Huerta announced that Council Member Loeb would abstain from the vote on Item 17. Consent agenda items 13-17 were passed by one vote as follows: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 13. Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at the southwest corner of Leopard Street and Rhew Road (1st Reading 3118114) Case 0214-01 Bill Ferguson: A rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Arnie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "I L" Corpus Christi Page 3 Printed on 41212014 City Council Meeting Minutes March 25,2014 Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030133 14. Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at 6045 Bear Lane (1st Reading 3118114) Case 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "I L" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030134 15. Second Reading Ordinance - Rezoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District, on property located at 4410 Ivy Lane (1st Reading 3118114) Case No. 0214-04 Santos and Virginia Herrera:A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. Corpus Christi Page 4 Printed on 41212014 City Council Meeting Minutes March 25,2014 Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030135 16. Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, on property located at 7201 Yorktown Boulevard (1st Reading 3118114) Case No. 0214-03 Yorktown Oso Joint Venture:A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. This Ordinance was passed on second reading and approved with the following vote: Corpus Christi Page 5 Printed on 41212014 City Council Meeting Minutes March 25,2014 Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: 030136 17. Second Reading Ordinance -Closing a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition located west of South Alameda Street and South of McKenzie Street (1st Reading 3118114) Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Council Member Allen, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 1 - Council Member Loeb Enactment No: 030137 Mayor Mratinez called for a recess until 1:17 p.m. CONSENT AGENDA: (ITEMS 3-12, 18-22) Approval of the Consent Agenda Mayor Martinez referred to the consent agenda Items 3-12 and 18-22. Mayor Martinez announced that staff requested that Item 10 be pulled for individual consideration.Johnny French requested that Item 6 be pulled for individual consideration.The remaining items on the consent agenda were passed by one vote as follows: 3. Purchase agreement for traffic control radar detection systems Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of$77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Corpus Christi Page 6 Printed on 41212014 City Council Meeting Minutes March 25,2014 Program. Funds have been budgeted by the Engineering Department in FY 2013-2014. This Motion was passed Enactment No: M2014-033 4. Service Agreement for Maintenance of City Hall HVAC System Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of$274,122 of which $24,794 is required for the remainder of FY 2013-2014.The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-034 5. Authorizing submission of grant application to State for automation of police training records Resolution authorizing the submission of a grant application in the amount of$35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030130 6. Agreement for permanent art to be located at the entrance to the Oso Bay Learning Center and Wetland Preserve Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. Mayor Martinez referred to Item 6. Johnny French spoke in opposition to the City spending$100,000 on art work and recommended the funds be allocated to Animal Control for the collection of small animals.This Motion was passed on the Consent Agenda. Enactment No: M2014-035 Corpus Christi Page 7 Printed on 41212014 City Council Meeting Minutes March 25,2014 7. Amendment No. 1 to architectural design contract for fleet maintenance heavy equipment shop roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re-stated fee of$59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 This Motion was passed on the Consent Agenda. Enactment No: M2014-036 8. Amendment No. 1 to architectural design contract for the museum roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re-stated fee of$130,040, for Museum Roof Replacement for the design, bid, and construction phase services. BOND ISSUE 2012. This Motion was passed on the Consent Agenda. Enactment No: M2014-037 9. Engineering construction contract for the Bear Lane waterline replacement Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. This Motion was passed on the Consent Agenda. Enactment No: M2014-038 10. Agreement to accomodate the wheeling of the Colorado River water to the Mary Rhodes pipeline Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery System for delivery of Colorado River water to the City of Corpus Christi. Mayor Martinez referred to Item 10.Assistant City Manager Gus Gonzalez stated that the attachments for this item were presented when the item was on the future agenda but were inadvertently left off from today's agenda. Mr. Gonzalez provided the documents that were originally presented. This Motion Corpus Christi Page 8 Printed on 41212014 City Council Meeting Minutes March 25,2014 was passed on the Consent Agenda. Enactment No: M2014-039 11. Reimbursement resolution for Marina "R" Pier project to allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds (Related items 11 - 12) Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. This Resolution was passed on the Consent Agenda. Enactment No: 030131 12. Second Reading Ordinance -Amending Capital Improvement budget to include pier"R" replacement project(1st Reading 3118114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of$3,239,496. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030132 18. Second Reading Ordinance -Accepting and appropriating a State grant for Local Border Security Program (LBSP) (1st Reading 3118114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030138 19. Second Reading Ordinance -Accepting and appropriating funds from State for training of police personnel and purchase of training equipment (1st Reading 3118114) Corpus Christi Page 9 Printed on 41212014 City Council Meeting Minutes March 25,2014 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030139 20. Second Reading Ordinance - Accepting and appropriating developer fees and interest for park improvements and other related projects (1st Reading 3118114) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030140 21. Second Reading Ordinance - Lease agreement for radio control automobile activity at Bill Witt Park (1st Reading 3118114) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030141 22. Second Reading Ordinance -Appropriating Lead Ballast Revenue (1st Reading 3118114) Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each Corpus Christi Page 10 Printed on 41212014 City Council Meeting Minutes March 25,2014 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030142 M. PUBLIC HEARINGS: (ITEM 23) 23. Public Hearing and First Reading Ordinance -Amending the Unified Development Code by increasing time limit for Council action on applications Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), and historic overlay districts or landmark designations; and providing for severance, penalties, and publication. Mayor Martinez referred to Item 23.Annika Gunning with Development Services stated that the purpose of this item is to amend the Unified Development Code to increase the amount of time that City Council has to take action on rezoning and historic designations. Ms. Gunning stated that staff and Planning Commission were in favor of the proposed amendments. Council Member Riojas made a motion to open the public hearing,seconded by Council Member McIntyre and passed. There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing,seconded by Council Member McIntyre and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 N. REGULAR AGENDA: (ITEMS 24 -30) 24. Approval of financial advisor for phase 2 of energy projects (Related items 24 -25) Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. Mayor Martinez referred to Item 24. Director of Financial Services Constance Sanchez stated that Items 24 and 25 are in relation to the funding of up to $9,000,000 for Phase 2 of the energy efficiency projects. Ms. Sanchez said these items include approving the appointment of M.E.Allison as financial advisor and authorizing the issuance of the obligations.There were no comments from the public. In response to a council member, Ms. Sanchez stated that M.E.Allison has been the City's financial advisor for over 40 years and fees have remained the same. This Motion was passed and approved with the following vote: Corpus Christi Page 11 Printed on 41212014 City Council Meeting Minutes March 25,2014 Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: M2014-040 25. Second Reading Ordinance -Approving the financing for phase 2 of energy projects (1st Reading 3118114) Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of"City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. This item was discussed under Item 24.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: 030143 26. Approving financial advisor for Proposed Bond 2014 design work (Related items 26 -27) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. Mayor Martinez referred to Item 26. Director of Financial Services Constance Sanchez stated that Items 26 and 27 are in relation to funding up to$8,000,000 for design work for the 2014 proposed bond street projects. Ms.Sanchez said these items include authorizing the appointment of M.E.Allison as financial advisor and issuance of the tax notes. There were no comments from the Council or the public.This Motion was passed and approved with the following Corpus Christi Page 12 Printed on 41212014 City Council Meeting Minutes March 25,2014 vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: M2014-041 27. Second Reading Ordinance -Authorizing financing for proposed Bond 2014 design work (1st Reading 3/18/14) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the tax notes; and providing an effective date. This item was discussed under Item 26.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: 030144 28. Second Reading Ordinance - Engineering construction contract for McArdle Road from Ennis Joslin Road to Whitaker Drive (Bond 2012) (1st Reading 3/18/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project#E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project#E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of$425,000; authorizing the City Manager, or designee, to execute a construction contract with Corpus Christi Page 13 Printed on 41212014 City Council Meeting Minutes March 25,2014 Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of$10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) Mayor Martinez referred to Item 28. Executive Director of Public Works Dan Biles stated that the purpose of this item is to award the construction contract for the McArdle Road bond project.There were no comments from the Council or the public.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: 030145 29. Change order authorization for the Mary Rhodes Pipeline Phase 2 pipeline section A, B, and C and pump stations/sedimentation basin Motion authorizing the City Manager or designee to execute non routine change orders of up to 5% of the contract value, of(1) the construction contract with Garvey Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for $84,121,405, or(2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for$29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (1) funding is available for that purpose; (11) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (111) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order(i) to avoid substantial delay damages from being incurred; or (ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. Mayor Martinez referred to Item 29. Executive Director of Public Works Dan Corpus Christi Page 14 Printed on 41212014 City Council Meeting Minutes March 25,2014 Biles stated that the purpose of this item is to authorize a change order for the Mary Rhodes Pipeline Phase 2 project.There were no comments from the Council or the public.This Motion was passed and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: M2014-042 30. Resolution opposing wind farm development in the City's extra-territorial jurisdiction Resolution opposing wind farm development in the City's extra territorial jurisdiction Mayor Martinez referred to Item 30.Assistant City Manager Wes Pierson stated that the purpose of this item is to approve a resolution opposing wind farm development in the City's extra-territorial jurisdiction. Mayor Martinez called for comments from the public. Karlis Povisils,Apex Clean Energy stated that the company has been working on this wind farm project near Chapman Ranch for five years. Mr. Povisils requested that the resolution be postponed to allow Apex to meet with the City to address their concerns. David Hearn,Scott Frazier, Kim Jacobs, Carter Green, Gerald Hopkins, Bart Braselton and Commissioner Mike Pusley spoke in opposition to the wind turbines on this property.Abel Alonzo spoke regarding the education system and affordable housing in the London Independent School District. Council Members spoke regarding the following topics: legislation preventing the City from regulating in the extraterritorial jurisdiction; lack of contact between the city staff and Apex representatives;timeframe to receive the prediction of growth patterns from the Goody Clancy report;concerns that the wind farm will affect air traffic from the Naval Air Station and airport; removal of the wind turbines after the projected life span;and annexation into the extra-territorial jurisdiction.This Resolution was passed and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 Enactment No: 030146 O. FIRST READING ORDINANCES: (ITEMS 31 -32) 32. First Reading Ordinance -Type A Agreement for Hausman Foods, LLC Ordinance Approving a Business Incentive Agreement between the Corpus Christi Page 15 Printed on 41212014 City Council Meeting Minutes March 25,2014 Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. Mayor Martinez referred to Item 32. Emily Martinez with the Corpus Christi Regional Economic Development Corporation (EDC)stated that the purpose of this item is to approve a business incentive agreement between the Type A Board and Sam Hausman Foods in the amount of$205,920. Ms. Martinez provided information on the terms of the contract,creation of jobs,annual payroll;and capital investment.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Magill Abstained: 0 31. First Reading Ordinance -Amending the Fiscal Year 2013-14 Operating Budget to extend it by two months Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. Mayor Martinez referred to Item 31.Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to amend the FY2013-2014 operating budget by extending the budget by two months to coincide with the change in fiscal year.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre and Council Member Riojas Absent: 3- Council Member Leal, Council Member Magill and Council Member Garza Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 33 -35) Corpus Christi Page 16 Printed on 41212014 City Council Meeting Minutes March 25,2014 Mayor Martinez referred to the Future Agenda. City Manager Olson stated that staff did not have any planned presentation. 33. Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14, based on lowest responsible bid for an estimated annual expenditure of$673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Bayfront Parks & Medians Strip Mowing Turf& Grounds Maintenance Aspen Lawn Care D-Bar Contractors Corpus Christi, TX. San Benito, TX $109,399.90 $152,423.60 D-Bar Contractors Maldonado Nursery & San Benito, TX Landscape, Inc. $52,186.40 Corpus Christi, TX $211,131.90 Dorame General Repair& Lawn, LLC Corpus Christi, TX $101,346.00 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 This Motion was recommended to consent agenda 34. Supply agreement for liquid aluminum sulfate for use at the O. N. Stevens water treatment plant Corpus Christi Page 17 Printed on 41212014 City Council Meeting Minutes March 25,2014 Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI-0090-14 based on lowest responsible bid for an estimated annual expenditure of$1,248,390.00, of which $624,195.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was recommended to consent agenda 35. Supply agreement for hot tap fittings for repairing or adding lines for new gas service Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI-0093-14 based on only bid for an estimated annual expenditure of$90,264.00, of which $45,132.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. This Motion was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 36 -38) 36. Animal Care Services -Small Trap Pickup Procedures Mayor Martinez referred to Item 36. Police Chief Floyd Simpson stated that the purpose of this item is to present factual information regarding the small animal trap pickup process. Police Commander Todd Green referred to a powerpoint presentation including the reasons for changing the procedures; information on murine typhus;the types and total number of calls received by Animal Control Services; the hours expended and cost to euthanize or relocate opossum;the state's response on the effectiveness of trapping possums to combat murine typhus;and effective measures. Commander Green stated that the policy is consistent with other major cities in Texas and the Animal Control Advisory Committee voted unanimously to endorse the practice currently in place. Council Members spoke regarding the following topics:euthanizing possums versus relocation;the Public Health Department's perspective on spending funds for possum removal; private services for wildlife removal; and prevention of disease by controlling environment. 37. Parks and Recreation - Mowing Consolidation Mayor Martinez referred to Item 37. Director of Parks and Recreation Michael Morris stated that the purpose of this item is to provide an update on the Corpus Christi Page 18 Printed on 41212014 City Council Meeting Minutes March 25,2014 mowing consolidation program. Mr. Morris provided information on the departments that do mowing; the methodology used;challenges; potential savings and recommendations for Phases I -III. Council members spoke regarding the following topics:the criteria for mowing high profile areas and the cost associated with Phase II. 38. Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Fire Department Mayor Martinez referred to Item 38. City Manager Ron Olson stated that the purpose of this item is to provide an overview of the results from the assessment of the efficiency and effectiveness of the Fire Department. Mr. Olson said this study is part of the City's focus on continuous improvement to departments and their functions. Mr. Olson provided an overview of the review process;the general objectives of the review;and the specific objective to determine how the Fire Department can best meet its mission while cost-effectively delivering services.Travis Miller with MGT of America Inc. provided information on the overview of the Fire Department; responses and recommendations to 11 specific questions;the demand by service; response performance;total incidents of concurrency by station by hour of day; and incident density. Fire Chief Robert Rocha stated that he concurred with many of the recommendations made and an action plan has been developed to implement the recommendations. Council members spoke regarding the following topics:social economics of the workload; updating the GIS database to include accurate information on streets; incident density and stations optimally located;and the timeframe for the action plan. Council Member Loeb made a motion directing the City Manager and staff to work to implement the recommendations and bring back to the Council action items to take the actions necessary to implement this study, seconded by Council Member McIntyre.The motion was passed and approved with the following vote: Martinez,Allen, Garza, Loeb, McIntyre, Riojas and Scott,voting "Aye"; Leal and Magill were absent. R. ADJOURNMENT The meeting was adjourned at 4:43 p.m. Corpus Christi Page 19 Printed on 41212014 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of March 25, 2014 2852 Action Item for the City Council Meeting of April 8, 2014 DATE: March 25, 2014 TO: Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulppcctexas.com (361) 826-3164 Michael Morris, Director of Parks and Recreation michaelmo(c_cctexas.com (361) 826-3464 Mark Van Vleck, Executive Director of Utilities markvv(a_cctexas.com (361) 826-1874 Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance CAPTION: Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14, based on lowest responsible bid for an estimated annual expenditure of $673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Strip Mowing Bayfront Parks & Medians Turf& Grounds Maintenance Aspen Lawn Care Corpus Christi, TX. D-Bar Contractors $109,399.90 San Benito, TX. $152,423.60 D-Bar Contractors San Benito, TX Maldonado Nursery & $52,186.40 Landscape, Inc. Corpus Christi, TX Dorame General Repair & Lawn, LLC $211,131.90 Corpus Christi, TX $101,346.00 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 PURPOSE: These service agreements will provide mowing for the Storm Water Improved Rights-Of-Way and turf and grounds maintenance for the Bayfront Parks and Medians. BACKGROUND AND FINDINGS: All options to extend the previous contracts have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation Department Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,956,462.44 $336,770.20 $2,293,232.64 Encumbered / Expended Amount $599,164.81 $0 $599,164.81 This item $336,770.20 $336,770.20 $673,540.40 BALANCE $1,020,527.43 $0 $1,020,527.43 Fund(s): Storm Water Fund, General Fund Comments: The $336,770.20 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $336,770.20 for the last six (6) months of the contracts will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0079-14 STORM WATER IMPROVED ROW STRIP MOWING & BAYFRONT PARKS & MEDIANS TURF & GROUNDS MAINTENANCE Storm Water Improved ROW Strip Mowing Aspen Lawn Care, LLC (1) Corpus Christi, Texas Barbarossa Construction, LLC Corpus Christi, Texas D -Bar Contractors San Benito, Texas Dorame General Repair & Lawn, LLC (1) Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. Corpus Christi, Texas O.J. Lawn Services Corpus Christi, Texas Pang Construction Corpus Christi, Texas Tuff Cut Lawn & Landscape Corpus Christi, Texas UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT CYCLES PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1.0 High-profile Areas: 1.1 Group 4 mowing 32.65 Acre 21 $95.00 $65,136.75 $105.00 $71,993.25 $85.00 $58,280.25 $95.00 $65,136.75 $85.00 $58,280.25 NO BID NO BID $100.00 $68,565.00 $150.00 $102,847.50 1.2 Group 5A mowing 37.22 Acre 21 $95.00 $74,253.90 $105.00 $82,070.10 $85.00 $66,437.70 $109.50 $85,587.39 $85.00 $66,437.70 NO BID NO BID $110.00 $85,978.20 $150.00 $117,243.00 1.3 Group 5B mowing 18.15 Acre 21 $95.00 $36,209.25 $105.00 $40,020.75 $85.00 $32,397.75 $95.00 $36,209.25 $85.00 $32,397.75 NO BID NO BID $95.00 $36,209.25 $150.00 $57,172.50 1.4 Group 5C mowing 11.00 Each 12 $23.00 $3,036.00 $115.00 $15,180.00 $85.00 $11,220.00 $100.00 $13,200.00 $85.00 $11,220.00 NO BID NO BID $100.00 $13,200.00 $150.00 $19,800.00 1.5 Group 6 mowing 6.50 Acre 52 $95.00 $32,110.00 $105.00 $35,490.00 $85.00 $28,730.00 $120.00 $40,560.00 $85.00 $28,730.00 NO BID NO BID $125.00 $42,250.00 $150.00 $50,700.00 2.0 Other Areas: 2.1 Group 1 mowing 30.13 Acre 21 $95.00 $60,109.35 $100.00 $63,273.00 $80.00 $50,618.40 $96.00 $60,742.08 $85.00 $53,782.05 NO BID NO BID $95.00 $60,109.35 $150.00 $94,909.50 2.2 Group 2 mowing 13.30 Acre 21 $95.00 $26,533.50 $100.00 $27,930.00 $80.00 $22,344.00 $106.00 $29,605.80 $85.00 $23,740.50 $105.00 $29,326.50 $105.00 $29,326.50 $150.00 $41,895.00 2.3 Group 3 mowing 13.06 Acre 21 $95.00 $26,054.70 $100.00 $27,426.00 $80.00 $21,940.80 $106.00 $29,071.56 $85.00 $23,312.10 $105.00 $28,797.30 $104.00 $28,523.04 $150.00 $41,139.00 2.4 Group 7 mowing 2.45 Acre 8 $95.00 $1,862.00 NO BID NO BID $80.00 $1,568.00 $200.00 $3,920.00 $85.00 $1,666.00 NO BID NO BID $200.00 $3,920.00 $150.00 $2,940.00 TOTAL: AWARDED: TOTAL AWARD: $309,984.90 $325,305.45 $109,399.90 $363,383.10 $293,536.90 $364,032.83 $52,186.40 $101,346.00 $299,566.35 $47,052.60 $58,123.80 $368,081.34 $528,646.50 (1) NOTE: Maximum award to any single bidder for this service agreement contract is 38 acres. Contracts will be awarded to more than one bidder to ensure work is completed in a timely manner. Bidders for high-profile areas must have performed similar work in a Storm Water Department high profile area within the last 24 months, have a local office with a local decision maker, and have 5 continuous years' experience in mowing and ditch slope mowing in order to be qualified to mow a high-profile area. Aspen Lawn Care, LLC and Dorame General Repair and Lawn, LLC are the only bidders that meet these qualifications necessary to mow Storm Water Department high-profile areas. ITEM Bayfront Parks & Medians Turf & Grounds Maintenance DESCRIPTION QTY. UNIT CYCLES Aspen Lawn Care, LLC Corpus Christi, Texas Barbarossa Construction, LLC Corpus Christi, Texas D -Bar Contractors San Benito, Texas Dorame General Repair & Lawn, LLC Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. (1) Corpus Christi, Texas O.J. Lawn Services Corpus Christi, Texas Pang Construction Corpus Christi, Texas Tuff Cut Lawn & Landscape Corpus Christi, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1.0 High-profile Areas: 1.1 Group 1 mowing 6.52 Acre 42 $75.00 $20,538.00 $55.19 $15,113.23 $45.00 $12,322.80 NO BID NO BID $45.00 $12,322.80 NO BID NO BID NO BID NO BID NO BID NO BID 1.2 Group 1A mowing 31.58 Acre 42 $75.00 $99,477.00 $55.57 $73,705.83 $45.00 $59,686.20 NO BID NO BID $45.00 $59,686.20 NO BID NO BID NO BID NO BID NO BID NO BID 1.3 Group 2 mowing 39.79 Acre 42 $75.00 $125,338.50 $55.32 $92,449.68 $45.00 $75,203.10 NO BID NO BID $45.00 $75,203.10 NO BID NO BID NO BID NO BID NO BID NO BID 1.4 Group 3 mowing 9.96 Each 42 $75.00 $31,374.00 $54.91 $22,969.95 $45.00 $18,824.40 NO BID NO BID $45.00 $18,824.40 NO BID NO BID NO BID NO BID NO BID NO BID 1.5 Group 4 mowing 23.86 Acre 42 $75.00 $75,159.00 $55.55 $55,667.77 $45.00 $45,095.40 NO BID NO BID $45.00 $45,095.40 NO BID NO BID NO BID NO BID NO BID NO BID 2.0 Other Areas: 2.1 Group 5 mowing 20.01 Acre 42 $75.00 $63,031.50 $54.90 $46,139.06 $40.00 $33,616.80 $60.00 $50,425.20 $41.86 $35,179.98 NO BID NO BID $65.00 $54,627.30 NO BID NO BID 2.2 Group 6 mowing 7.55 Acre 15 $75.00 $8,493.75 $54.00 $6,115.50 $40.00 $4,530.00 $90.00 $10,192.50 $41.86 $4,740.65 NO BID NO BID $90.00 $10,192.50 NO BID NO BID 0.92 Acre 21 $75.00 $1,449.00 $54.00 $1,043.28 $40.00 $772.80 $90.00 $1,738.80 $41.86 $808.74 NO BID NO BID $90.00 $1,738.80 NO BID NO BID 39.07 Acre 25 $75.00 $73,256.25 $54.00 $52,744.50 $40.00 $39,070.00 $90.00 $87,907.50 $41.86 $40,886.76 NO BID NO BID $90.00 $87,907.50 NO BID NO BID 2.3 Group 7 mowing 1.22 Acre 15 $75.00 $1,372.50 $54.00 $988.20 $40.00 $732.00 $75.00 $1,372.50 $41.86 $766.04 NO BID NO BID $80.00 $1,464.00 NO BID NO BID 41.23 Acre 21 $75.00 $64,937.25 $54.00 $46,754.82 $40.00 $34,633.20 $75.00 $64,937.25 $41.86 $36,243.64 NO BID NO BID $80.00 $69,266.40 NO BID NO BID 2.4 Group 8 mowing 10.19 Acre 15 $75.00 $11,463.75 $54.00 $8,253.90 $40.00 $6,114.00 $105.00 $16,049.25 $41.86 $6,398.30 NO BID NO BID $110.00 $16,813.50 NO BID NO BID 20.47 Acre 21 $75.00 $32,240.25 $54.00 $23,212.98 $40.00 $17,194.80 $105.00 $45,136.35 $41.86 $17,994.36 NO BID NO BID $110.00 $47,285.70 NO BID NO BID 15.76 Acre 25 $75.00 $29,550.00 $54.00 $21,276.00 $40.00 $15,760.00 $105.00 $41,370.00 $41.86 $16,492.84 NO BID NO BID $110.00 $43,340.00 NO BID NO BID TOTAL: AWARDED: TOTAL AWARD: $363,555.50 $637,680.75 $466,434.69 $363,555.50 $152,423.60 $319,129.35 $370,643.20 $211,131.90 $332,635.70 (1) NOTE: Maximum award to any single bidder for this service agreement contract is 160 acres. Contracts will be awarded to more than one bidder to ensure work is completed in a timely manner. Bidders for high-profile areas must have performed similar work in a Parks & Recreation Department high profile area within the last 24 months, have a local office with a local decision maker, and 5 continuous years' experiencce in turf and grounds maintenance in order to be qualified to mow a high-profile area . Maldonado Nursery & Landscape, Inc. is the only bidder that meets these qualifications necessary to mow Parks & Recreation Department high-profile areas. STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. BI-0079-14 THIS Storm Water Improved Rights-of-Way Strip Mowing (this "Agreement") is entered into by and between Aspen Lawn Care(the "Contractor") and the City of Corpus Christi, a Texas home- rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved-Rights-of-Way Strip Mowing in accordance with Bid Invitation No.BI-0079-14(which includes Specification 1104, dated 11/14/13). 2.Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi,Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11.Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No.BI-0079-14(which includes Specification No. 1104, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor Aspen Lawn Care Contact Willie Montez Address: 5502 Burnham City, State, Corpus Christi.TX 78413 361 906-0701 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (11INDEMNITEES11) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 20 day of January ,20-14—. Contractor Aspen Lawn Care Willie Mo Title: Business Manama CITY OF CORPUS CHRISTI("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0079-14 Exhibit B: Bidder's Bid STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights-of-Way Strip Mowing (this "Agreement") is entered into by and between b- 4r- th o trac r) and the City of Corpus Christi, a Texas home-rule municipal corporation (the��aitough its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights-of-Way Strip Mowing in accordance with Bid Invitation No.BI-0079-14 (which includes Specification 1104,dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation,material change in the coverages 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 31"), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8.Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi,Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district,county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0079-14(which includes Specification No. 1104, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90)days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor — ct r Co K4 V,O`C40 r-S Contact .�oscp L_ F)c Lc- 12�sc- Address: may/y w N sH-"' )L a l City, State, S ci h 3eh;Jv I-)­ 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and,if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL 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 ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of 120 Contractor �ose-rL T' . CITY OF CORPUS CHRISTI("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No.BI-0079-14 Exhibit B: Bidder's Bid STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights-of-Way Strip Mowing (this "Agreement") is entered into by and between tract ' and the CMoort Corpus Christi, a Texas home-rule municipal corporation(the "City y ' tl r ce i�s a�u1y' e� lty Manager or designee ("City Manager'),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights-of-Way Strip Mowing in accordance with Bid Invitation No. BI-0079-14 (which includes Specification 1104,dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31"), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi,Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0079-14(which includes Specification No. 1104, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90)days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Dorame General Repair& Lawn, LLC Contact Ramon J. Dorame Address: 4213 Hamlin Dr. City, State, Corpus Christi TX 78411 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and,if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL 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 ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 16 day of January 22014 Contractor Dorame General Repair&Lawn. LLC RqgiCn J. Dorame Title: President CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0079-14 Exhibit B: Bidder's Bid STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights-of-Way Strip Mowing (this "Agreement") is entered into by and between Maldonado Nursery and Landscape inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee("City Manager'),effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights-of-Way Strip Mowing in response to Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights-of-Way Strip Mowing in accordance with Bid Invitation No.BI-0079-14(which includes Specification 1104, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 315), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district,county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however,the Contractor must obtain prior written approval from the Storm Water Contract Administrator. hi using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No.BI-0079-14(which includes Specification No. 1104, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90)days' written notice to the City. 14.Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15.Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16.Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid,and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor Maldonado Nurser and Landscape headgtrs. Contact Victoria Miller Address: 16348 Nacogdoches Rd City, State, San Antonio Texas 78247 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and,if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL 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 ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this M��lay of 20\L . Contractor Maldonado Nursery and Landscape Actor Maldonado Title: Maldonado Nursery and Landscape Division Manager-Corpus Christi CITY OF CORPUS CHRISTI("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No.BI-0079-14 Exhibit B: Bidder's Bid BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE Service Agreement No. THIS Bayfront Parks and Medians Turf and Grounds Maintenance Service Agreement (this "Agreement") is entered into by and betweenD-34f G(the ac or the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"J;`��a�i�t�ir°ough its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one(1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Parks &Recreation Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Parks &Recreation Contract Administrator will be given at least thirty(30) days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11.Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Water Contract Administrator P.O. Box 9277 Corpus Christi,Texas 78469-9277 IF TO CONTRACTOR: Contractor 1)—l�moo' 4Y.e� S Contact �- Address: a s �/y w k s f4z� 21,r 12 21 Is 8 City, State, Slih 7-7e- _ - 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and,if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS CIINDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of -,20 Contractor L be Lam.(Z.5 c- Title: CITY OF CORPUS CHRISTI("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No.BI-0079-14 Exhibit B: Bidder's Bid BAYFRONTT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE Service Agreement No. THIS Bayfront Parks and Medians Turf and Grounds Maintenance Service Agreement (this "Agreement") is entered into by and between Maldonado Nursery and Landscape, inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Bayfront Parks and Medians Turf and Grounds Maintenance in response to Bid Invitation No. BI-0079-14 (which includes Specification 1168,dated 11/14/13)which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE,Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Parks& Recreation Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Parks & Recreation Contract Administrator will be given at least thirty(30)days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. 6.Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7.Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City(the City's fiscal year ends on July 315), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8.Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No.BI-0079-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district,county or justice court in and for Nueces County,Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors,however, the Contractor must obtain prior written approval from the Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0079-14 (which includes Specification 1168, dated 11/14/13). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety(90)days'written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15.Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax,hand delivery or certified mail,postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Maldonado Nursery and Landscape, inc(110's) Contact Victoria Miller Address: 16348 Nacogdoches Rd City, State, San Antonio Tx 78247 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL 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 ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this nday of 20 OA . Contractor Maldonado Nursery and Landscape,inc Hector Maldonado 1 /)-7 Title: Maldonado Nursery and Landscape Division Manager-Corpus Christi CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No.BI-0079-14 Exhibit B: Bidder's Bid d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of March 25, 2014 2852 Action Item for the City Council Meeting of April 8, 2014 DATE: March 25, 2014 TO: Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulppcctexas.com (361) 826-3164 Mark Van Vleck, Executive Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Supply Agreement for Liquid Aluminum Sulfate CAPTION: Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI- 0090-14 based on lowest responsible bid for an estimated annual expenditure of $1,248,390.00, of which $624,195.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The liquid aluminum sulfate is used by the Utilities Department as a primary coagulant at the 0.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,239,665.98 $624,195.00 $4,863,860.98 Encumbered / Expended Amount $1,946,801.85 $0 $1,946,801.85 This item $624,195.00 $624,195.00 $1,248,390.00 BALANCE $176687669.13 $176687669.13 Fund(s): Water Fund Comments: The $624,195.00 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $624,195.00 for the last six (6) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0090-14 BUYER -GERALD GOODWIN LIQUID ALUMINUM SULFATE General Chemical Brenntag GEO Specialty Univar USA Performance Products, LLC Southwest, Inc. Chemicals, Inc. Parsippany, NJ Houston,TX Little Rock,AR Corpus Christi,TX UNIT TOTAL UNIT I TOTAL UNIT I TOTAL UNIT TOTAL ITEM DESCRIPTION QTY I UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 ILiquid Aluminum Sulfate 113,0001 Ton $96.03 $1,248,390.00 $159.80 1$2,077,400.00 $224.43 1$2,917,590.00 NO BID NO BID TOTAL: $1,248,390.00 $2,077,400.00 $2,917,590.00 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of March 25, 2014 2852 Action Item for the City Council Meeting of April 8, 2014 DATE: March 25, 2014 TO: Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulppcctexas.com (361) 826-3164 Mark Van Vleck, Interim Director of Utilities Department markvv(a_cctexas.com (361) 826-1874 Supply Agreement for Hot Tap Fittings CAPTION: Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI-0093-14 based on only bid for an estimated annual expenditure of $90,264.00, of which $45,132.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The fittings are used for tapping into existing pressurized natural gas lines in order to block off a section of line in need of repair or to add an additional line for new gas service. BACKGROUND AND FINDINGS: None. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $359,382.55 $45,132.00 $404,514.55 Encumbered / Expended Amount $122,374.18 $0 $122,374.18 This item $45,132.00 $45,132.00 $90,264.00 BALANCE $191,876.37 $0 $191,876.37 Fund(s): Gas Fund Comments: The $45,132.00 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $45,132.00 for the last six (6) months of the contract will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0093-14 BUYER - GERALD GOODWIN HOT TAP FITTINGS M.T. DEASON COMPANY, INC. BIRMINGHAM, AL UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1.0 Control Fittings 1.1 Control Fitting -2" 200 each $46.90 $9,380.00 1.2 Control Fitting -4" 40 each $218.00 $8,720.00 1.3 Control Fitting -6" 15 each $391.00 $5,865.00 1.4 Control Fitting - 8" 10 each $863.00 $8,630.00 Three Way Stopple 2.0 Tee Fittings 2.1 Three Way Stopple- 2" 180 each $97.30 $17,514.00 2.2 Three Way Stopple- 4" 40 each $413.00 $16,520.00 2.3 Three Way Stopple- 6" 15 each $723.00 $10,845.00 2.4 Three Way Stopple- 8" 10 each 1,279.00 $12,790.00 TOTAL: $90,264.00 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 25, 2014 Second Reading Ordinance for the City Council Meeting of April 8, 2014 DATE: March 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Amendment to the Unified Development Code: Increasing Time Limit for Council Action on Applications CAPTION: Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), historic overlay districts or landmark designations; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to increase the amount of time Council has to take action on an application for a rezoning or historic overlay district. BACKGROUND AND FINDINGS: For rezonings and historic designations applications, the Unified Development Code (UDC) currently requires Council to take final action on an application within 45 days from the date the advisory board makes a recommendation on it. This time limit has proven itself unachievable in instances where Council wishes to table the application and where public notice timelines and Council workshops limit the number of Council dates available. Increasing the time limit for final Council action from 45 days to six months creates more flexibility in the development review process. For comparison, the former Zoning Ordinance allowed up to six months for final Council action and the UDC allows the Planning Commission up to six months to make a recommendation. Staff finds that six months is a reasonable time limit for final action. ALTERNATIVES: Denial or alteration of the proposed UDC amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and State law. DEPARTMENTALCLEARANCES: Planning Commission and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and staff recommend approval of the proposed UDC amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), historic overlay districts or landmark designations; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 25, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC subsection 3.3.3.0 is amended by revising the text to read as follows.. "3.3.3 Review Process "C. City Council Final Action "1. Following notice in accordance with Subsection 3.1.7, the City Council shall hold a public hearing and approve, approve with conditions, or deny the Zoning Map amendment. If a proposed amendment has been recommended for disapproval by the Planning Commission or when the action taken by the City Council regarding a special permit is less restrictive as to use or density than the recommendation of the Planning Commission, then the amendment shall not become effective except by a favorable vote of at least three-fourths of all members of the City Council momhorc �Nhether nr not all momhorc are present and "2. The City Council shall take final action on the Zoning Map amendment within 45 days six months from the date the request the finalrrt recommendation of the Planning Commission is made. In the event the City Council Ordinance—UDC Amdmt_TimeLimitCouncilAction_03122014 Page 1 of 3 shall fail to act within 45 days six months, such proposed tie Zoning Map amendment, s pplemon+' shall be deemed in all things denied." SECTION 2. That UDC subsection 3.4.2.D is amended by revising the text to read as follows.. "3.4.2 Review Process "D. City Council Final Action "2. The City Council shall take final action on the historic overlay zoning district or landmark designation within 45 days six months from the date the recommendation of the Landmark Commission is made. In the event the City Council shall fail to act within 45 days six months, designation shall be denied. SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance is effective immediately and applies to any rezoning that is in the process of or has taken effect. Ordinance—UDC Amdmt_TimeLimitCouncilAction_03122014 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance—UDC Amdmt_TimeLimitCouncilAction_03122014 Page 3 of 3 US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of March 25, 2014 xg Second Reading for the City Council Meeting of April 8, 2014 DATE: March 13, 2014 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director Office of Management and Budget eddieho @cctexas.com (361) 826-3792 Amendment of Fiscal Year 2013-2014 Operating Budget CAPTION: Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. PURPOSE: The purpose of this item is to revise and extend by two months the Fiscal year 2013-2014 Operating Budget to facilitate the change in the City of Corpus Christi's fiscal year. BACKGROUND AND FINDINGS: Ordinance Number 10274 dated November 23, 1939 set the City of Corpus Christi's fiscal year of August 1St through July 31St. The City Charter, Article IV. Administration, Section 2 (a) states that the City's fiscal year shall be set by ordinance but shall not be changed more often than every four years, except by two-thirds vote of the Council. On January 21, 2014, City Council approved Ordinance Number 030066 changing the City's fiscal year from August 1St through July 31St to October 1St through September 30th. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Department of Financial Services • Legal Department FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Future 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item $106,187,250 $10671877250 BALANCE Fund(s): All Operating Funds Comments: Total Revenues in the amount of$111,715,725 for all Operating Funds will also be increased. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Schedule of Adjustments Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. Section 1. That the Fiscal Year 2013.2014 Operating Budget adopted by Ordinance No. 029915 is amended to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds, as indicated on the attached Exhibit. Section 2. This ordinance takes effect upon date of final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Two Month Extension of Fiscal Year 2013-2014 Fund Revenues Expenditures Variance General Fund 27,995,811 30,754,563 (2,758,752) Enterprise Funds Water Fund(40 10) 22,962,145 12,676,906 10,285,239 Raw Water Supply Development(4041) 330,454 - 330,454 Choke Canyon Fund(4050) 13,256 - 13,256 Gas Fund(4130) 5,651,944 6,004,542 (352,598) Wastewater Fund(4200) 11,I35,444 4,006,864 7,128,580 Storm Water Fund(4300) 4,5841187 1,901,498 2,682,689 Airport Fund(4610) 1,4671610 1,258,946 208,664 Airport PFC(4621) 234,000 216,871 17,129 Airport CFC(4632) 252,250 261,763 (9,513) Golf.Center Fund(4690) 2,883 8,385 (5,502) Golf Capital Reserve Fund(4691) 16,745 - 16,745 Marina Fund(4700) 379,768. 482,125 (102,357) Total Enterprise Funds 47,030,686 26,81.7,900 20,212,786 Internal Service Funds Stores.Fund(5010) 635,062 618,572 16,490 Meet Maintenance Services(5 110) 2,599,971 2,369,089 230,882 Facilities Maintenance Services Fund(5115) 625,671 625,121 550 Municipal Information System(5210) 2,648,935 2,761,129 (112,194) Engineering Services Fund (5310) 962,689 870,868 91821 Employee Benefits Health-Fire(5608) 1,125,876 1,076,593 49,283 Employee Benefits Health-Police(5609) 954,694 991,848 (37,154) Employee Benefits Health-Citicare(5610) 2,349,662 2,373,524 (23,862) Liability/Employee Benefit-Liability(5611) 934,600 3,042,708 (2,108,108) Liability/Employee Benefits-Workers Compensation(5612) 519,740 1,031,065 (511,325) Liability/Employee Benefits (5613) 234,267 429,818 (195,551) Other Employee Benefits(5614) 350,393 401,705 (51,312) Total Internal Service Funds 13,941;560 16,592,039 (2,650,479) Debt Service Funds Seawall Improvement Debt Service(112 1) 554,809 554,809 - Arena Facililty Debt Service Fund(113 1) 2,710,002 2,709,867 135 Baseball Stadium Debt Service Fund(114 1) 2,024,684 2,024,534 150 Debt Service Fund (20 10) 651,341 8,230,249 (7,578,908) Water System Revenue Debt Service Fund(4400) 61,056 57,993 3,063 Wastewater System Revenue Debt Service(4410) 47,334 47,128 206 Gas Fund Debt Service(4420) 12 - 12 Storm Water Debt Service(4430) 196,852 196,603 249 Airport 2012A Debt Service(4640) 94,234 94,234 - Airport 2012B Debt Service(4641) 157,941 157,941 - Airport Debt.Service (4642) 118,050 1 18,050 - Airport CFT Debt Service Fund(4643) 139,763 139,763 - Marina Debt Service(4701) 266,850 266,850 - Total Debt Service Funds 7,022,928 14,598,021 (7,575,093) Special Revenue Funds Hotel Occupancy Tax Fund(103 0) 2,798,449 1,951,269 847,180 Public,Education, &Government Cable (103 1) 166,000 150,000 16,000 Municipal Court Security(1035) 15,820 24,000 (8,180) Municipal Court Technology(103 6) 21,050 32,170 (11,120) Municipal Court Juvenile Case Manager(103 7) 24,880 20,724 4,156 Parking Improvement Fund(1040) 11,000 - 11,000 Streets Fund (1041) 5,I10,911 4,897,818 2I3,093 Redlight Photo Enforcement.(1045) 301,305 276,410 24,895 Reinvestment Zone No.2(1111) 34,018 1,095,157 (1,061,139) TIF No.3-Downtown TIF(I 112) 11,270 121 11,149 Seawall Improvement Fund(1120) 1,233,528 557,310 676,218 Arena Facility Fund(1130) 1,228,884 2,827,825 (1,598,941) Business/Job Development(1140) 1,227,788 2,310,123 (1,082,335) Development Services Fund(4670) 1,070,052 997,726 72,326 Visitors Facilities Fund.(4710) 1,247,655 1,274,845 (27,190) LEPC Fund(6060) 632 11,929 (11,297) C.C.Crime Control District(9010) 1,221,498 997,301 224,197 Total Special Revenue Funds 15,724,740 17,424,727 (1,699,987) Total 111,715,725 106,187,250 5,528,475 Two Month Extension of Fiscal Year 2013-2014 Fund Revenues Expenditures Variance General Fund 27,995,811 30,754,563 (2,758,752) Enterprise Funds Water Fund (40 10) 22,962,145 12,676,906 10,285,239 Raw Water Supply Development(404 1) 330,454 - 330,454 Choke Canyon Fund(4050) 13,256 - 13,256 Gas Fund (4130) 5,651,944 6,004,542 (352,598) Wastewater Fund (4200) 11,135,444 4,006,864 7,128,580 Storm Water Fund(4300) 4,584,187 1,901,498 2,682,689 Airport Fund (4610) 1,467,610 1,258,946 208,664 Airport PFC (4621) 234,000 216,871 17,129 Airport CFC(4632) 252,250 261,763 (9,513) Golf Center Fund (4690) 2,883 8,385 (5,502) Golf Capital Reserve Fund (4691) 16,745 - 16,745 Manna Fund(4700) 379,768 482,125 (102,357) Total Enterprise Funds 47,030,686 26,817,900 20,212,786 Internal Service Funds Stores Fund (5010) 635,062 618,572 16,490 Fleet Maintenance Services (5 110) 2,599,971 2,369,089 230,882 Facilities Maintenance Services Fund(5115) 625,671 625,121 550 Municipal Information System(5210) 2,648,935 2,761,129 (112,194) Engineering Services Fund (53 10) 962,689 870,868 91,821 Employee Benefits Health-Fire (5608) 1,125,876 1,076,593 49,283 Employee Benefits Health-Police (5609) 954,694 991,848 (37,154) Employee Benefits Health-Citicare (5610) 2,349,662 2,373,524 (23,862) Liability/Employee Benefit-Liability(5611) 934,600 3,042,708 (2,108,108) Liability/Employee Benefits -Workers Compensation (5612) 519,740 1,031,065 (511,325) Liability/Employee Benefits (5613) 234,267 429,818 (195,551) Other Employee Benefits (5614) 350,393 401,705 (51,312) Total Internal Service Funds 13,941,560 16,592,039 (2,650,479) Debt Service Funds Seawall Improvement Debt Service (112 1) 554,809 554,809 - Arena Facililty Debt Service Fund(113 1) 2,710,002 2,709,867 135 Baseball Stadium Debt Service Fund (114 1) 2,024,684 2,024,534 150 Debt Service Fund (2010) 651,341 8,230,249 (7,578,908) Water System Revenue Debt Service Fund(4400) 61,056 57,993 3,063 Wastewater System Revenue Debt Service (44 10) 47,334 47,128 206 Gas Fund Debt Service (4420) 12 - 12 Storm Water Debt Service (4430) 196,852 196,603 249 Airport 2012A Debt Service (4640) 94,234 94,234 - Airport 2012B Debt Service (4641) 157,941 157,941 - Airport Debt Service (4642) 118,050 118,050 - Airport CFT Debt Service Fund(4643) 139,763 139,763 - Marina Debt Service (4701) 266,850 266,850 - Total Debt Service Funds 7,022,928 14,598,021 (7,575,093) Special Revenue Funds Hotel Occupancy Tax Fund (1030) 2,798,449 1,951,269 847,180 Public, Education, &Government Cable (103 1) 166,000 150,000 16,000 Municipal Court Security(1035) 15,820 24,000 (8,180) Municipal Court Technology(1036) 21,050 32,170 (11,120) Municipal Court Juvenile Case Manager(1037) 24,880 20,724 4,156 Parking Improvement Fund(1040) 11,000 - 11,000 Streets Fund (1041) 5,110,911 4,897,818 213,093 Redlight Photo Enforcement(1045) 301,305 276,410 24,895 Reinvestment Zone No. 2 (1111) 34,018 1,095,157 (1,061,139) TIF No. 3-Downtown TIF (1112) 11,270 121 11,149 Seawall Improvement Fund (1120) 1,233,528 557,310 676,218 Arena Facility Fund (1130) 1,228,884 2,827,825 (1,598,941) Business/Job Development(1140) 1,227,788 2,310,123 (1,082,335) Development Services Fund(4670) 1,070,052 997,726 72,326 Visitors Facilities Fund(4710) 1,247,655 1,274,845 (27,190) LEPC Fund(6060) 632 11,929 (11,297) C.C. Crime Control District(9010) 1,221,498 997,301 224,197 Total Special Revenue Funds 15,724,740 17,424,727 (1,699,987) Total 111,715,725 106,187,250 5,528,475 z AGENDA MEMORANDUM OR RN, Future Item for the City Council Meeting of March 25, 2014 1852 Action Item for the City Council April 8, 2014 DATE: February 21, 2014 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Type A Grant for Hausman Foods, LLC CAPTION: Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. PURPOSE: Hausman will invest in their meat processing facility on Beacon Street and create jobs in Corpus Christi. They will invest $2,100,000 and create 52 full-time employees with an annual payroll of $1,205,920. BACKGROUND AND FINDINGS: Hausman Foods, LLC has obtained contracts with several major retailers and food service companies that will require the staffing of a second shift. The United States Department of Agriculture Food Safety and Inspection Service (USDAFSIS) has approved the additional shift and staffing should be complete by the July 2014. This new activity will take place at 4261 Beacon Street, Corpus Christi, Texas 78405. Hausman Foods, LLC capital outlays will include refrigeration upgrades, additional grinding and freezing equipment, and rolling stock. Establishment primarily engaged in manufacturing sausages, cured meats, smoked meats, canned meats, frozen meats, and other prepared meats and meat specialties, from purchased carcasses and other materials. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Hausman has been a fixture in this community for over forty years. This grant will be used to invest in their facility and the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 205,9201 1 205,920 BALANCE 205,9201 1 205,920 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Hausman Foods, LLC in the amount of $205,920 for improvements to their meat processing facility and the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Type A Agreement Project Service Agreement Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013- 2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Hausman for the improvements to their facility on Beacon Street in Corpus Christi and the creation of jobs; in which Hausman will invest at least $2,100,000 for improvements to their meat processing facility and the creation of at least 52 full-time jobs with an average annual salary of at least $29,000 and annual payroll of at least $1,508,000 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and Hausman; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Hausman. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation of jobs between the Type A Corporation and Hausman that provides for the improvements to their meat processing facility and the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Hausman, which is attached to this resolution as Exhibit B. ORDINANCE-Hausman Page 2 of 3 SECTION 3. That $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Hausman for the improvements to their meat processing facility and the creation of jobs. SECTION 4. That Ordinance No. 029915, which adopted the FY 2013-2014 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $205,920 for a business incentive grant from the Type A Corporation to Hausman for the improvements to their meat processing facility and the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor APPROVED: day of 2014. Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb ORDINANCE-Hausman Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor ORDINANCE-Hausman BUSINESS INCENTIVE AGREEMENT BET WBEN. THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND HAUSMAN FOODS, LLC FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Co rpo ration") and Hausman Foods, LLC ("Hausman"), a Texas limited liability corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board, WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on November 9, 20,10; WHEREAS, Section 501,073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Hausman has been located in the City since 1939 and currently has four locations that process meat for resale to grocery stores and restaurants, WHEREAS, Hausman proposes to invest approximately $2,100,000 over a five year period; WHEREAS, on January 20, 2014 the Board approved this grant and determined that it is in the best interests of the citizens of Corpus Christi, Texas that business, development funds be Page 1 of 8 Type A Business Incentive Jobs Creation Hausman 0 2 07 2014 provided to Hausman, through this Agreement with Hausman, to be used by Hausman to add a second shift to their Beacon Street facility and will result in the creation of 52 full-firne jobs, with an estimated annual average salary of $29,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Hausman agree as follows: 1. Effective Date, The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance ReqUiretnents and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a,, In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased' employee who has a home address in the Corpus Christi MSA. b. Hausman agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Hausman agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d'. Hausman shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement, S. Utilization of Local Contractors and Suppliers, Hausman agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors, and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Hausman agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Hausman to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which, the City Manager or designee shall determine if Hausman is in compliance with this requirement, Failure to substantially comply Page 2 of 8, Type A Bus areas Iricentive Jobs creation Hausman 02 07 2014 with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6, Otifization of Disadvantaged Business Enterprises ("DBE). Hausman agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Hausman agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Hausman agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Hausman to comply with the OBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Hausman is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors, and suppliers that are determined to be disadvantaged business enterprises, including minority business, enterprises wornen-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7, Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health, and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9, Warranties. Hausman warrants and represents to Corporation the following. a, Hausman is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Hausman has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Hausman has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other Page 3 of 8, Type A Business Incentive Jobs creation Hai SM,an 02 07 2014 governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Hausman has received a copy of the Act, and acknowledges that the funds, granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement, e. The person executing this Agreement on behalf of Hausman is duly authorized to execute this Agreement on behalf of Hausman. f. Hausman: does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Hausman is convicted of a violation under §US.C. Section 1324a(f), Hausman shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 1201h day after the date Hausman has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Hausman shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non-Discrimination. Hausman covenants and agrees that Hausman win not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12, Force Majeure. If the Corporation or Hausman are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes, of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Hausman are temporarily suspended during continuation of the force majeure. If either party's obligation, is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon, 13. Assignment. Hausman may not assign all or any part of its rights, privileges, or duties under tNs Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement, 14. Indemnity. Hausman covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees'g against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any Page 4 of 8 Type A Business Wncentive Jobs Creation Hausman 02 07 2014 04, 1 manner connected with, or are claimed to arise out of or be in any manner connected with Hausman activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Hausman must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Hausman. The following, events constitute a default of this Agreement by Hausman: a, The Corporation or City determines that any representation or warranty on behalf of Hausman contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Hausman or any attachment or other levy against the property of Hausman with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days, c. Hausman makes an assignment for the benefit of creditors. d. Hausman files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Hausman become delinquent, and Hausman fails to timely and properly follow the legal procedures for protest or contest. f. Hausman changes the general character of business as conducted as of the date this Agreement is approved by the Corporation, g. Hausman fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Hausman is in default according to the terms of this Agreement, the Corporation or City shall notify Hausman in writing of the event of default and provide 60 days from the date of the notice ("Cure (Period") for Hausman to cure the event of default. 17. Results of Uncured Default by Hausman, After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Hausman, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure, Period. Page 5 of 8 Type A Business�ncenkive Jobs Creadon Hausman 0 2 07 2O14 a. Hausman shall immediately repay all funds paid by Corporation to them under this Agreement. b. Hausman shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon:, demand from the Corporation. c. Upon, payment by Hausman of all sums due, the Corporation, and Hausman shall have no further obligations to one another under this Agreement, 18 No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition, of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Hausman's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Hausman is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default, 19. Hausman specifically agrees that Corporation shall only be liable to Hausman for the actual amount of the money grants to be conveyed to Hausman, and shall not be liable to Hausman for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed' that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all Page 6 of 8 Type A Business Incentive Jobs Creafion Hausman 0 2 07 21D14 supporting documentation, as requested. Payments to be made shall also require a written request from Hausman to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Councfl, 21, Notices. a. Any required written inotices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Hausman: Hausman Foods, LLC Attn: Steven McClure, Sr. PO Box 2422 Corpus Christi, Texas 78403 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: President 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence Must be sent the City at the following address: City of Corpus Christi Attn.-. City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents, The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications, No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duty authorized to sign Agreements on behalf of each party. 24. Relationship of Parties, In performing this Agreement, both the Corporation and Hausman will act in an individual capacity, and not as agents, representatives, employees, employers, Page 7 of 8 Type A,Business Incentive Jobs,Creation Hausman 02 07 20714 partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions, The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability, a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this, Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Hausman. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties, relating to Section 14.a and b shall survive the termination of this Agreement. 2, The remainder of this page intentionally left blank. Page 8 of 8 Type A BUSineSS Incentive Jobs Creation Hausman 02 07 20,14 a. Corpus Christi Business & Job Development Corporation By: Robert Tamez President Date: Attest: By: Rebecca Huerta Assistant Secretary Hausman Foods, LLC By: Steven R. McClure, Sr. President Date, �- hz 114 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2014, by Steven R. McClure, Sr., President, for Hausman Foods, LLC, a Texas lAited liability corporation, on behalf of the corporation Notary Public State of Texas MEREDITH DARDEN State�s Notary Public,State at Texas pir s My commisston Expires July 25, 2017 Page 9 of 8 Type A Rusiness Incentive Jobs Creation Hausman 02 07 2014 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Hausman shall invest at least $2,100,000 to add a second shift to their Beacon Street facility, over a five year period. Hausman shall further, over the term of this Agreement, create 52 full- time jobs, with an average annual salary of$29,000 as described in the schedule below. Year Number of Annual Payroll Capital New Jobs Investment 1 10 290,000 300,000 2 15 725,0019 300,000 3 7 928,000 400,000 4 10 1,218,000 450,000 5 10 1,508,000 550,000 a, Grants, not to exceed $41,184 per year and a cumulative total of $205,920 over five years, are available on a per job created Ibasis. b. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fifth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that 20% of the Cash Incentive is being given premised on the payroll requirements of this Agreement and 80% of yearly incentive amount is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: Annual Investment commitment: 5th year: $1,508,000 5th year: $550,000 5th year actual: $1,305,000 5th year actual. $555,000 Percent of Total 85.54% Percent of Total 100% 5th.year incentive calculation: Reduced Cash Incentive calculation: Economic Incentive Calculation; 20% x 86.54% x $41,184 = $7,128 80% x 100% x $41,134 = $32,947.20 Total Cash Incentive $7,128.00 + $32,947.20 $40,075.20 A-1 Type A Business Incentive Jobs Creation and Retention Hausman 01 22 2014 In the 5th year, the Company would receive a reduced Cash Incentive of $40,07520 from the Corporation for not meeting the performance goals for annual payroll requirements. 2. The Corporation will award a grant to Hausman based on the formula above, payable not later than June 15 of each year if Hausman makes the required capital investment in buildings, furniture, fixtures and equipment, retains the minimum number of in the preceding year described in paragraph I above (collectively, the "annual performance benchmarks"'). A-2 Type A Business Incentive Jobs Creation and Retention Hausman 011 22 201:4 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Hausman Foods, LLC ("Hausman") has submitted a proposal to the Type A Corporation for a $205,920 grant for the investment of $2,100,000 and the creation of 52 new jobs in their existing meat processing facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Hausman's $2,100,000 investment and creation of 52 new jobs in their existing meat processing facility; and WHEREAS, the Type A Corporation and Hausman have executed a business incentives agreement for the investment and the creation of jobs related to Hausman's adding a second shift to their existing meat processing facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Hausman related to Hausman meat processing facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Type A Business Service Agreement-Hausman 01-22-14 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Type A Business Service Agreement-Hausman 01-22-14 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest Rebecca Huerta City Secretary Page 3 of 3 Type A Business Service Agreement-Hausman 01-22-14 d MaaP© a,EO AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 8, 2014 DATE: March 23, 2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe SThorpepcctexas.com 826.3898 Eddie Ortega, Director Eddie0p_cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBp_cctexas.com 826.3021 Public hearing regarding a "Substantial Amendment' to the FY2013-2014 Consolidated Annual Action Plan to extend the current Fiscal Year. CAPTION: Public hearing to inform the general public of the extension of the FY2013-2014 Consolidated Annual Action Plan which will be August 1, 2013 to September 30, 2014 and to allow for public comment. PURPOSE: On January 21, 2014, the Corpus Christi City Council voted to approve the passing of an ordinance changing the City of Corpus Christi's Fiscal Year from August 1 through July 31 to October 1 through September 30. Due to this approved change, the 2013-2014 Fiscal Year will be extended two months and will be August 1, 2013 to September 30, 2014. In accordance with the U. S. Department of Housing and Urban Development and the City of Corpus Christi's (City) 5-year Consolidated Annual Action Plan (CAAP), "Substantial Amendments" are required to amend each CAAP which will trigger a citizen comment period (24 CFR 94.115). The Substantial Amendment shall include a public hearing to inform the general public and will allow for a 30 day public comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to provide a public hearing and allow for a 30 day comment period. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: N/A AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of April 8, 2014 Second Reading Ordinance for the City Council Meeting of April 22, 2014 DATE: March 10, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Wastewater Lot/Acreage Fee Exemption by Urban Engineering, representative, for developer of The Grand Reserve Subdivision Unit 2 CAPTION: Ordinance exempting The Grand Reserve Subdivision Unit 2, a subdivision located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, from payment of the wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE. The purpose of this item is to exempt the proposed subdivision from the required wastewater lot/acreage fees because public wastewater facilities will not be available within the next 15 years. RECOMMENDATION: Planning Commission and Staff Recommendation (March 12, 2014): Approval of the wastewater lot/acreage fee exemption for The Grand Reserve Subdivision Unit 2 subject to a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: The developer has submitted a subdivision plat with 18 single-family residential lots. The developer's representative has submitted a request to have the property exempt from wastewater lot/acreage fees because there is no available wastewater service. The developer has indicated that it would be cost prohibitive to provide wastewater services to 18 residential lots. Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 2 In order to provide wastewater service to the subject property, the developer would have to install approximately 3,200 linear feet of 24-inch wastewater line. This does not include the required manholes along the way. This wastewater line would be eligible for full reimbursement from the developer's trust fund. The 3,200 linear feet does not include the master planned wastewater line within the developer's property which would also be eligible for full reimbursement. The monies for the 24-inch wastewater line would come from the Developer's Trunk Line Trust Fund. Reimbursing these wastewater lines would severely impact the trust fund. The cost to the trust fund outweighs the benefit of providing wastewater to 18 lots. Therefore, staff recommends approval of the wastewater lot/acreage fees. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: 1. Deny requested exemption and require payment of wastewater lot/acreage fees. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested exemption is consistent with the UDC. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning Commission Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Location Map Excerpt from Wastewater Master Plan map Ordinance Exhibit A — Sanitary Sewer Connection Agreement K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\4-8-2014\G RAND RESERVE UNIT 2\AGENDA MEMO.DOC Page 1 of 2 ORDINANCE EXEMPTING THE GRAND RESERVE SUBDIVISION UNIT 2,A SUBDIVISION LOCATED BETWEEN GLENOAK AND CARIBBEAN DRIVES, EAST OF FLOUR BLUFF DRIVE, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, The Grand Reserve Subdivision Unit 2 (Subdivision) is located between Glenoak and Caribbean Drives, East of Flour Bluff Drive and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that The Grand Reserve Subdivision Unit 2 (Subdivision) is located between Glenoak and Caribbean Drives, East of Flour Bluff Drive, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit "A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\03-25-2014\G RAND RESERVE UNIT 2\ORDI NANCE.DOC J CD / rm� THE GRAN D RESERVE UNIT 2 e r s , v Miles ��- 0 0.05D.1 0.2 44 286 Corpus Christi Bay Legend r._.._..- 358 i PLANNING.CITYLIMITS �yo L.u.u.s „ 'oe/0 NAS so I Rill N Site Printing Date:3/3/2014 B File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\The_Grand_Reserve_Unit_2.mxd Prepared By:corpjmm Illustrative purposes only. City Of Coordinate System: COT'pUS NAD 1983 StatePlane Texas South RIPS 4205 Feet LOCATION MAP / Christi ©City of Corpus Christi©Development Services �� SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and R. Bryan Johnson, 801 Lipan Street, Corpus Christi, Texas 78401 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for The Grand Reserve Unit 2, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 3 EXECUTED original, this day of , 2014. DEVELOPER/OWNER: R. Bryan Johnson STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 20147 by R. Bryan Johnson. Notary Public, State of Texas APPROVED: This day of , 2014 By: Renee Couture, P.E. Development Services Engineer APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 4 ?�0 a- c a� gl. `2 p� s " yam # at 4 YS G a s: . x �., as t r, 6 Mss _ °e r & va t p � ru EXHIBIT 1 Sanitary Sewer Connection Agreement The Grand Reserve Unit 2 Page 5 �. M" dill wl a r zil.. 1 y� a � "3 Y r.. f3 c3 I�! "� ,., 6" ry tl j „r q ¢� W +� f Ja d•m� ^i wu �f 3 Y dr"` r " ��i7 yCCy.. y"`.w."y � k. •y'c�,C,o"�• � ,fg M r�+„� - �'� a'�3 " , ,✓/ rrr �r�,a r"�.�'� `'� r" ,�a'�^�'��W'". ,u?' 7 ,wa � �'✓r ��' d���� r rr r r � Nk.S. r rAr{ rr rr'r r "Of l rrir rya N'�nlr ✓r< a � r ry wii raa ca rx ' r r n,�. r�r,r n+�, �„a `�W�✓ � M fA,uu3 'u�i 009 Inr,�.p 0--VII �f ✓� wa .—...._„ .gym C W eC pwp `N xu 'M^°D�uw xrvPoi wwr w+�°i rrouw5,pa avri EXHIBIT 1 K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\THE GRAND RESERVE SUBDIVISION\1-LAND DEVELOPMENT\2-UNIT 2.FINAL\8-EXEMPTION\SANITARY SEWER CONNECTION.DOC 7;i p -' Hare r� V ,r ✓ / � a �,im 717 �fy // / // ///� �! / /iia �� r�� ri, / r'lr i P/ �rfr lla,, u / r �� ma,i / U � r � /fir � r i AJ r � / r� / �° /� /f 7 f r � Jr J r ! i '� f:/F r� r ra r�'l ,, or LZE �'. d, ,u 7•l E14 G / 0 9/f j r d ww / % /% w follow � Y r 'rh' il ,n ., t r//G r o I jl� TF / L 4N . �� T /� / Apo r 6 �0�101 6po Jo, � «, Bu r 1 j I Y- P4.'A IN ZA, ....IOVIfViIVII�VI�VIIIIJ��VVNW 111111 @I @INNI�NV�,�..... � � irr �� q�``�� ...... J rr I �, �✓ EXHIBIT B WASTEWATER MASTER PLAN US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 8, 2014 Second Reading Ordinance for the City Council Meeting of April 22, 2014 DATE: 2/13/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, Interim Director, Development Services BarneyW@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC in the amount of$171,451.95. (Bridge on South Oso Parkway) CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with VOJO Ventures, LLC, Developer of The Coves at Lago Vista Unit 313, in the amount of $171,451.95 for the City's portion of the cost of the South Oso Parkway Bridge over King Estates Ditch, in accordance with the Unified Development Code. PURPOSE: VOJO Ventures, LLC, will construct the South Oso Parkway Bridge over King Estates Ditch. BACKGROUND AND FINDINGS: The developer, VOJO Ventures, LLC, is proposing to construct a continual residential subdivision on a tract of land located south of The Coves of Lago Vista Unit 1 and The Coves at Lago Vista Unit 2. VOJO Ventures, LLC is platting the property in order to obtain building permits. As a requirement of the plat, VOJO Ventures, LLC will be dedicating the right-of-way for South Oso Parkway, building a 40-foot back of curb to back of curb with a hike and bike trail for South Oso Parkway and constructing the South Oso Parkway Bridge of King Estates Ditch. The Unified Development Code (UDC) requires the developer to pay their half of the bridge over a ditch with a bottom width of 15 feet. King Estates Ditch has a bottom width of 50 feet. Therefore the City is responsible for 25 feet of the bottom width. Since VOJO Ventures, LLC owns only the south side of the ditch, they are responsible for the south 7.5 feet of the bottom width construction. The north side of the ditch has been platted, and their developer has deposited with the City their bridge participation costs. The City of Corpus Christi will participate in 25 feet of the bottom width of the proposed bridge. The Urban Transportation Plan designates South Oso Parkway as a "P1" parkway requiring 80 feet of right-of-way and a paved section of 40 feet from curb to curb with a hike and bike trail. The UDC requires the developer to build up to a residential collector which 40 feet from curb to curb. The developer, VOJO Ventures, LLC will be responsible for $35,335.74 and the City's portion will be $171,451.95 which includes the remaining 25 feet bottom width for the bridge, the over-size of the bridge and the additional roadway to connect the South Oso Parkway to existing pavement north of the bridge to the bridge. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The proposed bridge and abutting rights-of-way are consistent with the adopted Urban Transportation Plan. EMERGENCY/ NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services has reviewed the proposed width of the bridge and are in agreement with the proposal. The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2012 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 Encumbered / Expended Amount $106,459.82 This item $171,451.95 BALANCE $472,088.23 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: 1. Location Map 2. Participation Agreement 3. Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH VOJO VENTURES, LLC, DEVELOPER OF THE COVES AT LAGO VISTA UNIT 313, IN THE AMOUNT OF $171,451.95 FOR THE CITY'S PORTION OF THE COST OF THE SOUTH OSO PARKWAY BRIDGE OVER KING ESTATES DITCH, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement") with VOJO Ventures, LLC ("Developer"), for the CITY's portion of the cost of the South Oso Parkway Bridge, including all related appurtenances, for development of the Coves at Lago Vista Unit 3B, Corpus Christi, Nueces County, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and VOJO Ventures , LLC ("Owner"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 28.41 acres of land out of the North Y2 of Section 32, Laureles Farm Tracts, (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as The Coves at Lago Vista Unit 3B ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to extend and construct South Oso Parkway from its existing terminus, approximately one hundred sixty(160)feet north of King Estates Ditch, south to Oso Creek and including bridge improvements as depicted on and in accordance with the improvement requirements set forth on Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $171,451.95. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty(30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE VOJO Ventures, LLC-coves at Lago Vista Unit 313 Participation Agmt vFinal 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF THE COVES AT LAGO VISTA UNIT 3B DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice("Cure Period") to cure the default. VOJO Ventures,LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt Winal 4o(7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi VOJO Ventures, LLC Attn: Director, Development Services 6838 Greenwood Drive 2406 Leopard Street 178401 Corpus Christi, Texas 78415 P. O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 18, 2016. (EXECUTION PAGE FOLLOWS) VOJO Ventures,LLC—coves at Lago Vista Unit 3B Participation Agmt vFinal 5 of"7 EXECUTED in one original this day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: ° A Juli# Grant Senior Assistant City Attorney OWNER: VOJO Ventures, LLC ichard A. Voss Date Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Richard A. Voss, Member of VOJO Ventures, LLC, a Limited Liability Company, on behalf of said company. Notary Public's r na 'aY CATHERINE GARZA ,_°,•' ,.'' NOTARY PUBLIC rT! State of Texas Com.Exp.12 1S VOJO Ventures,LLC—coves at Lago Vista Unit 3B Participation Agml vFina! 6 or 7 MJP Island, LLC bate By, Michael Johnson Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Michael Johnson, President of MJP Island, LLC, a Limited Liability Company, on behalf of said company. Notary Public's SigAture UJ OXY SLs exel to e121s oliend Abvlo" ,vZi3ve 3NII VWO CATHERINE GAVIZA 8 Di TX85 is .12-Q5.2015 VOJO Ventures, LLC—Coves at Lago Vista Unit 3B Participation Agmt vFinal 7 f 7' Coves at Lago Vista Unit 3B Aerial Overview Map State of Texas County of Nueces FIRST VICTORIA NATIONAL BANK, hereby certifies that it holds a lien on the property owned by THE LAKES AT KING ESTATES, INC. dba THE COVES AT LAGO VISTA, as shown on the foregoing map and it approves of the subdivision and dedication for the purposes and considerations therein expressed. This the ____ day of _ 20___. BY: FIRST VICTORIA NATIONAL BANK BY --_ RICK H. BENAVIDES, Senior Vice -President State of Texas County of Nueces This instrument was acknowledged before me by RICK H. BENAVIDES as Senior Vice -President of FIRST VICTORIA NATIONAL BANK. This the ___ day of 20____. Notary Public in and for the State of Texos State of Texas County of Nueces THE LAKES AT KING ESTATES, INC. dba THE COVES AT LAGO VISTA, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has hod said lands surveyed and subdivided as shown; thot streets shown are dedicated to the public use forever; that easements as shown ore dedicated to the public use for the installation. operation and use of public utilities; end that this map wos made for the purpose of description and dedication. This the day of 20 By: THE LAKES AT KING ESTATES, INC, dba THE COVES AT LAGO VISTA By: RICHARD VOSS, President State of Texas County of Nueces This instrument was acknowledged before me by RICHARD VOSS, as President of THE LAKES AT KING ESTATES, INC. dbo THE COVES AT LAGO VISTA, on behalf of sold partnership. This the ___ day of Notary Public in and for the State of Texas State of Texos County of Nueces This final plot opproved by the Corpus Christi Nueces County Health Unit, any private water supply and/or sewage system shall be approved by the Corpus Christi-Nueces County Health Deportment prior to installation. This the day of _ u 20_ 20 Plat of The Coves at Lago Vista Unit 3B 28.41 acres of land out of the North 1/2 of Section 32, Lourdes Farm Tract; a map of which is recorded in Volume 3, Page 15, Mop Records of Nueces County, Texas. Notes 1.) Total platted ores contains 28.41 acres of land. (Includes Street Dedication) 2.) Set 5/8 inch iron rods with red plastic cap stamped "URBAN ENGR C.C, TX" at all lot corners, except where noted. 3.) The receiving woter for the storm water runoff from this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek, but it is recognized as an environmentally sensitive area, The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation" use. 4.) Bearings are based on the recorded plat of King Estates Unit 2, a map of which is recorded in Volume 57, Pages 107-108, Mop Records of Nueces County, Texas. 5.) By grophic plotting only, this property is 0 Zones "A11", "B" and "C" on Flood Insurance Rote Mop, Community Panel No. 485494 0520 D, City of Corpus Christi. Texas, which bears an effective date of June 4, 1987 and it is partially located in o Special Flood Hazard Area. 6,) The subdivision shall comply with all the conditions set forth In the approved Special Permit (Ordinance No. 027357). 7,) Minimum Finished Floor Elevation must be of least 18" above fronting streets and/or above minimum base flood elevation. 8,) The conveyance to any grantee of any lot within The Coves at Logo Vista shall include membership in the Homeowner's Association, which association shall hold title to all common areas in the subdivision. 9.) Lot 16, Block 12 is a private park. 10.)The City of Corpus Christi is not responsible for drainage within the private lakes In The Coves at Logo Vista Unit 38. The Homeowner's Association will be responsible for any maintenance and storm water discharge into the receiving waters. This responsibility also includes ensuring the storm water quality that discharges into the receiving waters comply with TCEQ regulations. 11.) Driveway separation along South Oso Parkway must average a separation of not less than 150 feet. SITE th Oso Pork Qea Por oy o LOCATION MAP N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi, Texos. This the day of , 20 Renee T. Couture, P.E. Development Services Engineer State of Texas County of Nueces This final plat of the herein described property was approved on behalf of the City of Corpus Christi. Texos by the Planning Commission. This the day of , 20 Mark Van Mock, P.E. Govind Nadkarni, P,E., C.E., Chairman Secretary State of Texas County of Nueces I, Diana T. Barrera, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument dated the _ day of _ _ 20_, with its certificate of authentication was filed far record in my office the ___ day of , 20 . At O'clock M„ and duly recorded the day of , 20____, at _ O'clock ___M., In said County In Volume __u Poge _ Map Records. Witness my hand and seal of the County Court, In and for said County, at office In Corpus Christi, Texas, the day and year last written. No. Filed for Record Diana T. Barrera, County Clerk Nueces County, Texas at O'clock _ _M. 20 By: Deputy State of Texas County of Nueces 1, Keith W. Wooley, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing mop from a survey made on the ground under my direction and is true and correct to the best of my knowledge, information and belief; I hove been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with d e-anrredsonabfe-dhgea$e— consistent with sound professional practice ll This the day of Keith W, Wooley, R.P.LS. Texas License No. 5463 , 20 U R B A N' DATE: April 26, 2013 ENGINEERING SCALE: 1"=100' CORPUS CHRISTI. TEXAS JQB ND.: 38035.82,00 SHEET: 1 of 2 b,ia .'iii s f mm: -'6 r, DRAWN BY; XG Exhibit 1 Page 1 oft T,5, 26 e ° c as 6b,Rh aP-9, -o 8 Plat of The Coves at Lago Vista Unit 3B 28.41 acres of land out of the North 1/2 of Section 32 Lourdes Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. LINE L2 BEARING 927'11'37"E N56'49'33'E DISTANCE 9.90 18.53' 64' 6 =54'59'51" R=1063.24' T=553.46' L=1020.59' CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH 01 49'57'17' 410.00' 190.99' 357.47' C2 50'26'02" 450.00' 211.92' 396.11' C3 25'13'34" 490.00' 109.65' 215.74' C4 95'30'59" 20.00' 22.02' 33.34' C5 22'10'06" 225.00' 44.08' 87,05' C6 60'22'05" 250.00' 145.41' 263.41' C7 35'30'36" 275,00' 88.05' 170.44' C8 23'07'26" 120.00' 24.55' 48.43' C9 259'10'49" 60.00' 72.55' 271.41' 010 66'07'48" 60,00' 39.06' 69,25' C11 77'30'18" 20.00' 16.05' 27.05' C12 87'00'13" 260.00' 246.75' 394.81' C13 8722'14" 300.00' 286.54' 457.47' C14 35'54'43" 340.00' 110.18' 213.11' C15 3722'39" 340,00' 115.01' 221.80' C16 82'49'09" 20,00' 17.64' 28.91' C17 82'49'09" 20,00' 17.64' 28.91' 018 8701'41" 265.00' 251.60' 402.52' 019 114'34'59" 240.00' 373,72' 479.96' C20 114'34'59" 215.00' 334.79' 429.97' C21 271'06'32" 85,00' 83.37' 402.20' C22 63'33'14" 70,00' 43.36' 77.65' 65.97'_ Radius Paint Bears 49'21'30"E 1063.24'- 77 =27'56'54" R-515.00' T=128.16' L=251.21' 877, 'The Coves at Lago Vgta U.t 3A 'Mo. 67, Pps 674-675, Mop Reco780 of %pees County Texas, North rich of Section 32 Laure:es Farm Tracts Vo',. 3, Pg. 15, Map Records of Nueaes County, Texas (0wrer, The Lakes at King Estates, Inc.) N32'31'29"E 24.73' 150 100 50 0 100 200 Graphic Scale 1 "=100' Il, N83'28'31 385,31' 58731'29"W 410.91 0 =04'29'24" T=19.21' T=49 L=38.40' URBAN' DATE: May 6, 2011 ENGINEERING SCALE: 1 =100' CORPUS CHRISTI, TEXAS JOB NO.: 3of 23580.81.00 SHEET: 2 '151-.110 '1917.41,2.0'. DRAWN BY: XG Exhibit 1 Page 2 of' w ' TC=12.75 TOP HDWL=12.00 TOP OF CURB 160' DRAINAGE RIGHT OF WAY TOP HDWL=12.00 TC=12.43 FL=5.65 TC=12.10± 4•.1SS 8'x5'x50' BOX CULVERT (TYP.) 5-8'x5'x50' BOX CULVERT & HEADWALL PROFILE SCALE: 1 "=30' EXHIBIT 2A UURBAIst ENGINEERING CORPUS CHRISTI, TEXAS 04 Firm08 Na 16 67463101 St, Corpus Christi, 6 —60 8404 PHONE (361) 664-3101 FAX: (361) 164-6001 JOB NO. 38035.B2.00 8-9-13 CU/crr Exhibit 2 Page 1 of 2 COVES AT LAGO I 0o VISTA UNIT 3B 4' CONC. 1 — SIDEWALK 1 0 0 0 160' DRAINAGE RIGHT OF WAY 5' TIED SIDEWALK WINGWALL/HANDRAIL COVES AT LAGO VISTA UNIT 1 TRANSITION TO EXIST. SIDEWALK s • 8' HIKE/BIKE PATH R.O.W. LINE -J i w COVES AT LAGO E VISTA UNIT 3B 5TIED SIDEWALK 1 WINGWALL/HANDRAIL TRANSITION TO EXIST. CURB AND SIDEWALK 1 TO CAYO DEL OSO 4' CONCY SIDEWALK k 5-8'x5'x50' BOX CULVERT & HEADWALL PLAN VIEW SCALE: 1 "=30' II 6° 'L' CURB R.O.W. LINE EXIST. PAVEMENT � I O 50.00' 8' HIKE/BIKE PA 4' CONC. SIDEWALK EXHIBIT 2B U\U N` URBA CORPUS CHRISTI, TEXAS ENGINEERING 04 FirmON Na 16 67463101 SL, Coryw MN% 2404 PHONE (361) 664-3101 F0X: (361) 654-6001 JOB NO. 38035.B2.00 8-9-13 CU/crr Exhibit 2 Page 2 of 2 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client: VOJO VENTURES, LLC for Job No. 38035.132.00 By: CRR THE COVES AT LAGO VISTA UNIT 313 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST A. STREET AND SURFACE IMPROVEMENTS: 1 Clear and Grub 29.84 AC $350.00 $10,444.00 2 Excavation-No Import 24,141 CY $5.00 $120,705.00 3 2" HMAC Including Prime Coat 5,888 SY $16.50 $97,152.00 4 1 1/2" HMAC Including Prime Coat 5,287 SY $14.00 $74,018.00 5 6" Crushed Limestone Base 5,287 SY $12.50 $66,087.50 6 8" Crushed Limestone Base 5,888 SY $14.00 $82,432.00 7 3" Crushed Limestone Under Curb 863 SY $5.50 $4,746.50 8 Alternate- Geo-Grid Fabric in lieu of LS Subgrade 12,834 SY $5.25 $67,378.50 9 6" 'L' Curb 5,279 LF $13.30 $70,210.70 10 8' Concrete Sidewalk 11,545 SF $4.80 $55,416.00 11 4' Concrete Sidewalk 8,108 SF $4.50 $36,486.00 12 5' Concrete Valley Gutter 394 SF $7.00 $2,758.00 13 Street Sign 2 EA $500.00 $1,000.00 14 Street Barricade 1 EA $1,325.00 $1,325.00 15 3'Valley Gutter between lots 18-19 851 SF $7.00 $5,957.00 PAVING SUB-TOTAL: $696,116.20 B. STORM SEWER IMPROVEMENTS: 1 48" RCP 771 LF $117.00 $90,207.00 2 36" RCP 349 LF $85.00 $29,665.00 3 30" RCP 292 LF $60.00 $17,520.00 4 24" RCP 310 LF $46.20 $14,322.00 5 18" RCP 174 LF $39.00 $6,786.00 6 OSHA Trench Protection 1,895 LF $1.50 $2,842.50 7 5' Diameter Manhole 1 EA $4,350.00 $4,350.00 8 5' Slot Inlet 7 EA $3,000.00 $21,000.00 9 Type 'B' Manhole 2 EA $3,325.00 $6,650.00 10 30" Plug 1 EA $450.00 $450.00 11 Outfall Structure with velocity inhibitors 2 EA $6,415.00 $12,830.00 12 Intake Structure 1 EA $5,985.00 $5,985.00 13 Temporary Drainage Swale Excavation w/Stablization 1,470 CY $10.00 $14,700.00 14 Fill In Existing Swale and Compact in 6" Lifts 4,515 CY $6.70 $30,250.50 15 Lake Excavation 42,000 CY $4.90 $205,800.00 STORM SEWER SUB-TOTAL: $463,358.00 C. WATER IMPROVEMENTS: 1 8" PVC C-900 1,431 LF $24.00 $34,344.00 2 6" PVC C-900 995 LF $21.00 $20,895.00 3 2" SDR 9 HDPE Pipe 471 LF $14.00 $6,594.00 4 8" Gate Valve and Box 2 EA $1,235.00 $2,470.00 5 6" Gate Valve and Box 2 EA $950.00 $1,900.00 6 2"Valve 4 EA $600.00 $2,400.00 7 6" Cap with 2"Tap Tee 2 EA $425.00 $850.00 8 8"x8"x6" Ductile Iron Tee 2 EA $475.00 $950.00 Exhibit 3 Page 1 of 3 Engineer: Chuck Urban, P.E. Cost Estimate 11-8-13 Client: VOJO VENTURES, LLC for Job No. 38035.132.00 By: CRR THE COVES AT LAGO VISTA UNIT 313 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL QUANTITES PRICE COST 9 Fire Hydrant Assembly Complete In Place 3 EA $3,200.00 $9,600.00 10 8" Cap with 2" Blowoff Valve and Riser 1 EA $500.00 $500.00 11 8" Ductile Iron Ditch Crossing w/4 45 Degree Bends 1 LS $2,750.00 $2,750.00 12 Tie to Existing Service 1 EA $750.00 $750.00 13 Long Single Lot Service Connection 2 EA $685.00 $1,370.00 14 Long Double Lot Service Connection 5 EA $825.00 $4,125.00 15 Short Single Lot Service Connection 2 EA $675.00 $1,350.00 16 Short Double Lot Service Connection 10 EA $735.00 $7,350.00 WATER SUB-TOTAL: $98,198.00 D. SANITARY SEWER IMPROVEMENTS: Sanitary Sewer Service will be by individual on-site treatment systems. E. MISCELLANEOUS IMPROVEMENTS: 1 Bonds and Insurance 1 LS $3,425.00 $3,425.00 3 CP&L Conduit-Street Lights 210 LF $13.00 $2,730.00 4 Construction Entrance 1 EA $2,350.00 $2,350.00 5 SWQMP3 1 LS $650.00 $650.00 6 Silt Fence 1,575 LF $2.00 $3,150.00 MISCELLANEOUS SUB-TOTAL: $12,305.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $1,269,977.20 BRIDGE IMPROVEMENTS: 1 2" HMAC Including Prime Coat 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 504 SY $17.50 $8,820.00 3 GeoGrid Fabric in lieu of Lime Subgrade 693 SY $7.00 $4,851.00 4 6" 'L' Curb 338 LF $14.00 $4,732.00 5 5' Tied Sidewalk 1,764 SF $5.25 $9,261.00 6 Handrail 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x40' Concrete Box Culvert 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 LS $21,000.00 $21,000.00 BRIDGE SUB-TOTAL: $214,156.00 ESTIMATED TOTAL COSTS: $1,484,133.20 Exhibit 3 Page 2 of 3 PARTICIPATION/REIMBURSEMENT ESTIMATE Aug. 9, 2013 FOR Job No. 38035.132.00 BRIDGE IMPROVEMENTS TO OSO PARKWAY SOUTH COVES AT LAGO VISTA UNIT 3B ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. BRIDGE IMPROVMENTS: 1 2" HMAC Including Prime Coat 480 504 SY $18.00 $9,072.00 2 8" Crushed Limestone Base 480 504 SY $17.50 $8,820.00 3 8" Lime Stabilized Subgrade 660 693 SY $7.00 $4,851.00 4 6" 'L' Curb 322 338 LF $14.00 $4,732.00 5 5' Concrete Tied Sidewalk 1,680 1,764 SF $5.25 $9,261.00 6 Handrail 240 252 LF $85.00 $21,420.00 7 5 Each 8'x5'x50' Concrete Box Culvert 1 1 LS $95,000.00 $95,000.00 8 Concrete Headwalls 2 2 EA $20,000.00 $40,000.00 9 Compacted Backfill 1 1 LS $21,000.00 $21,000.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $214,156.00 ENGINEERING, STAKING AND TESTING (10%): $21,415.60 ESTIMATED TOTAL COSTS; $235,571.60 DEVELOPER SHARE UNIT 3B 7.5/50 x$235,571.60: $35,335.74 PREVIOUS PARTICIPATION UNIT 1: $28,783.91 TOTAL ESTIMATED CITY PARTICIPATION/REIMBURSEMENT= $171,451.95 EXHIBIT 3 Urban Engineering Firm#145 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 Page 3 of 3 City of Corpus Christ],Texas All. Deparftnent of Development Services f—110MIL—I P-0,Box 9277 City of Corpus Christ],Texas 78469.9277 (361)826-3240 nith Corpus LocMed aL 2406 Leopard Street ONENOW {Corner ofl.eopard St.and Port Me) ONNOW NNW Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: YQigVentur-es. LL-Q STREET: 6838 Greenwood CITY: Corpus Christi ZIP: 78415 FIRM is: Z]Corporation E] 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 NIA 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 NIA 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 NIA N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly 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: Richard Voss Title: (Print) Signature of Certifying Person: Oates ' Z KDEVELOPMENTSWSWIAREDTAND DEVr.1,OPd6T0RD1NANCT-,ADMINISTRA7110MAPPLICATION FORMSTORMS AS PER LEGALQ0121D9SCLOSURr OF INTERESTS STATEMENT1 27.12.130C Exhibit Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCS)SHAREDILAND DEVELOPMEN71ORD1NANCE ADMINISTRATIOMAPPLICATION FORMSIFORMS AS PER LEGALU012\DISCLOSURE OF INTERESTS STATEMENTI.27,12.DOC Exhibit 4 Page 2 of 2 _ AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 8, 2014 Second Reading Item for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Appropriation of revenue for replacement of Gulf beach lifeguard stand CAPTION: Ordinance appropriating $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. PURPOSE: To appropriate funds collected from reparations to damaged lifeguard stands on the beach. BACKGROUND AND FINDINGS: In June of 2013, a Beach Rescue lifeguard stand was vandalized. The perpetrator was caught and required to pay for the damages. Since this stand is a necessity to beach rescue, operating funds were used to replace the needed lifeguard stand while the case was in litigation. The case has now been settled and the funds released to the City. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council approves appropriation of revenue. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 511,729 Encumbered / Expended Amount (3/14/14) (262,372) This item 11,500 BALANCE $ 260,857 Fund(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager or designee to execute documents necessary to appropriate $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand; changing FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenues and appropriations by $11,500 each. 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 appropriate $11,500 from additional revenue in Fund No. 1020 General Fund, Parks and Recreation operating budget for the replacement of Gulf beach lifeguard stand. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase revenues and expenditures by $11,500 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of April 8, 2014 xg Second Reading for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 FY14 Elderly Nutrition Program (ENP) Grant Partial Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. PURPOSE: Appropriate grant funds for the FY14 Elderly Nutrition Program. BACKGROUND AND FINDINGS: The Elderly Nutrition Program (ENP) is made available through the Area Agency on Aging of the Coastal Bend and through this addendum provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2013 through September 30, 2014. Reimbursement for ENP services provided during this period is made available with this amendment. This grant requires a minimum of 10% City matching funds which is met through funds budgeted in General Fund 1020, Senior Center Operations. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling &Advocacy Program of Texas (HICAP). The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 97,191 congregate meals; 70,940 home delivered meals; 47,723 Title XX Meals on Wheels; 15,132 Managed Care meals; 2081 Sponsored Meals for a total of 233,067 meals and 267 hours of Benefits Counseling service units during fiscal year October 2013 through September 2014. ALTERNATIVES: Eliminate the Elderly Nutrition Program services. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive and appropriate grant funds on an annual basis for the continuation of the Elderly Nutrition Program. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: This grant requires a minimum of 10% City matching funds, which were appropriated as part of the FY14 City budget General Fund. X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $ 219,808 $ 219,808 BALANCE $ 219,808 $ 219,808 FUND(S): Parks & Recreation Grant Fund 1067 Comments: NA RECOMMENDATION: Staff recommends that City Council accept the FY14 Grant Award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment— Notification of FY14 Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $219,808 partial grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. 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 and appropriate a $219,808 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services — Elderly Nutrition Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Co .Area Agency 'Rassn$a.�i aiisry I COASTAL 8EH0 esource COUNCIL o1= ;Center °IA�in g GOVERNMENTS October 1, 2013 Ms. Elsa Munoz, Superintendent City of Corpus Christi — Sr. Comm. Svcs Post Office Box 9277 Corpus Christi, Texas 78469 Re: Fiscal Year 2014 Contract Amendment Contract No. AA3-1148-4 Dear Ms. Munoz: Enclosed is your file copy of the CBCOG-AAA and the City of Corpus Christi - Senior Community Services Older Americans Act Contract Amendment for Fiscal Year 2014. The amended sections of the contract now extending from October 1, 2010 through September 30, 2014 are listed below. Contract Section I. (3) Contract Term. The original three year contract is hereby extended to four years. October 1,2010-September 30, 2014., Contract Section II. Amended Sections. Attachment A. Contract Attachment A is hereby replaced by the following Reimbursement Rates for Fiscal Year 2014 extending from October 1, 2013 to September 30 2014: RATES SERVICE FIXED Home Delivered Meals $4.95 One Meal Congregate Meals $6.36 One Meal Legal Assistance Over 60 $54.76 One Hour Contracting methodology remains as a Fixed Unit-Rate Contract as per original agreement. All meals will be provided in accordance with Standard Menu Pattern as described in 40 Texas Administrative Code, Rule 85.302 Attachment C. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts and Grants is updated for Fiscal Year 2014. This attachment is hereby made a part of the Fiscal Year 2014 Contract Amendment. LOCATION: 2910 LEOPARD STREET;CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 9909;CORPUS CHIRSTI,TEXAS 78469 TOLL FREE: 1-800-817-5743 www.aaacoastalbend.org 5.,�.�,, ,�,.J,ww.�� �„r, ,. FAX: (361)883-5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services Attachment G. Budget Work Papers are updated to reflect all Rate Setting Documents for Fiscal Year 2014 including Provider Profile, Provider Total Budget by Service, Analysis Sections 1 and 2, Budget Worksheets, Budget Worksheet Calculation of Unit Rate Forms, Budget Worksheet Certification Forms, and In-Kind Match Certification Forms for all services provided under this agreement. These signed documents are hereby made a part of the Fiscal Year 2014 Contract Amendment. Request for Proposal attachments are amended to reflect updated documents for Fiscal Year 2014 as follows: b. Summary of Insurance Coverage C. Written Plan for Emergencies j. Copy of Most Recent Texas Department of Health Food Service Establishment Inspection Report far each kitchen your organization uses to prepare meals. All referenced documents above are attached and made part of the Fiscal Year 2014 Contract Amendment. Attachment H. Approved Fiscal Year 2014 Waiver Form 2027 for Home Delivered Meals is attached to this document and is hereby made a part of the Fiscal Year 2014 Contract Amendment. Attachment I. Audit Certification form for Fiscal Year 2014 is attached to this document and is hereby made a part of the Fiscal Year 2014 Contract Amendment. Effective Date The effective date of the Fiscal Year 2014 Contract Amendment is October 1, 20I3. All other sections of the four-year Contract for OIder Americans Act Services extending from October 1, 2010 through September 30, 2014 between the City of Corpus Christi and the Coastal Bend Council of Governments » Area Agency on Aging remain in effect. Sincerely, John P. Buckner, Executive Director Coastal Bend Council of Governments S: n! nl r Pm' nd•Pp2® ®ST„RevOL Page 2 of COASTAL BEND //AxeaAAency rRAging&Disabillty COASTAL BEND esource ,t� COUNCIL OF Center on n GOVERNMENTS November 18, 2013 Ms. Elsa Munoz, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds Available) for FY2014 Dear Ms. Munoz: Enclosed is your first allocation for FY2014. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. Please note the FY2011-FY2013 Three-year Contract has now been amended to include FY2014. The contract period is now October 1, 2010 to September 30, 2014. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, /4 rom& Betty Lamb, Director Area Agency on Aging enclosure SApra0m0od AMWh&"FAhY1&WFA•1tkZd _11-W1 LOCATION: 2914 LEOPARD STREET;; CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 9949„CORPUS CHI STI,TEXAS 78469 TOLL FREE: 1-844-817.5743 www.aaacoastalbend.org FAX: (3 1)8835749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Date: November 18,2013 Ms. Elsa Munoz, Superintendent CONTRACT PERIOD: 10/01/2013 -09130/2014 City of Corpus Christi CONTRACT"NUMBER: AA3-l 148-4 Parks&Recreation Department AWARD ISSUANCE NUMBER: 1 Senior Community Services Post Office Box 9277 Corpus Christi,Texas 78469 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments Area Agency on Aging / Coastal Bend Aging and Disability Resource Center for the period October 1, 2013 through September 30, 2014. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. CONGREGATE MEALS III-C1/SGILNSIP $ -0- $38,482 $ 5,118 $43,6 .......................................................................................................................................................... ..,�,. .. .d mmrrrrrrrr ................................................................................... HOME DELIVERED $ -0- $38,327 $ 5,118 $438445 MEALS III CVSGRINSIP .................................................................... ............................... SUPPORTIVE SERVICES III-B $ '0- $ 2,386 $ -0- $ 2,386 TOTAL AWARD $ -0- $79,195 $10,236 $89,431 (1) This award represents initial funding for FY14 that has been allocated to your agency. .. ... .... ........ John P.Buckner,Executive Director cc, Aldilia S ldivar Coastal Bend Council of Governments Finance-Federal Grants I Am,u"A 11.s wvP­�hi i..c ,, fl: ruaF 4 In jjarA r1 )a aryl COASTAL BEND /Area Agency Aging L Dosabil COASTAL BEND e?6Wi a COUNCIL OF Center SGOVERNMENTS .•••. � . OIF Aff C8AiL1[86im February 10, 2014 Ms. Elsa Munoz, Superintendent City of Corpus Christi - Parks & Recreation Dept. Post Office Box 9277 Corpus Christi, Texas 78469 Re: NFA (Notification of Funds AvaiIable) for FY2014 Dear Ms. Munoz: Enclosed is your second allocation of funds for FY2014, reflecting year-to-date funds awarded through February 10, 2014. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. Your final allocation for FY2014 will be awarded when the Texas Department of Aging and Disabilities awards final FY2014 to the AAA. Also enclosed is FY2014 NFA #I dated November 18, 2013 for your records. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lamb, Director Area Agency on Aging enclosure 6. kFYfIfF10A7-1y y�1�•'� LOCATION: 2910 LEOPARD STREET,;;CORPUS CHIRSTI,TEXAS 78408 PHONE: (361)883-3935 MAILING: POST OFFICE BOX 99W CORPUS CK STI,TEXAS 78469 TOLL FREE: 1-800-8175743 www.aaacoastalbend.org FAX: (361)8835749 The Area Agency an Aging is funded in part by the Texas Department of Axing and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND POST OFFICE BOX 9909 CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: Date: February I0,20I4 Ms. Elsa Munoz, Superintendent CONTRACT PERIOD: 10/01/2013 -09/30/20I4 City of Corpus Christi CONTRACT NUMBER: AA3-1148-4 Parks&Recreation Department AWARD ISSUANCE NUMBER: 2 Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments Area Agency on Aging / Coastal Bend Aging and Disability Resource Center for the period October 1, 2013 through September 30, 2014. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. r y w m i u and �, M1 CONGREGATE MEADS III-C1/SGR/NSIP $43,600 $49,307 $14,454 $107,361 .............. ­. ......................................................................., ...................................o......- HOME DELIVERED $43,445 $49,105 $..14,454.............. ..............................____....... MEALS III C2dSGR/NSIP 107,004 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ..... SUPPORTIVE SERVICES Ill-B $ 2,386 $ 3,057 $ -0- $ 58443 TOTAL AWARD $89,431 $101,469 $28,908 D219,808 (1) This award represents partial funding for FY14 based on funds awarded to CBCOG AAA through February 10, 2014. John P.Buckner,Executive Director c( Aldifia Saldivar Coastal Bend Council of Governments Finance Federal Grants Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Federal Executive Order 12549 requires the Texas Department of Aging and Disability Services(DADS)to screen each covered potential Wiltractorigrantee to determine whether each has a right to obtain a contract/grant in accordance with federal regulations on debarment,suspension,ineligibility,and voluntary exclusion. Each covered contractor/grantee must also screen each of its covered suboontractors/providers. In this certifi cation 'contractor/grantee' refers to both contractor/grantee and subcontractorlsubgrantee. 'cont racYgrant' refers to both contract/grant and subcontract1subgrant. By signing and submitting this certification the potential contractor/grantee accepts the follovAng terms: I The certification herein below is a material representation off t upon which reliance was placed when this conlract/grant was entered into. If it is later deter6ned that the potential contractor/grantee knowingly rendered an erroneous certification,in addition to other remedies available to the federal government,the Department of Health and Human Services"United States Department of Agriculture or other federal department or agency,or the Texas Department of Aging and Disability Services may pursue available remedies,including suspension and/or debarment. 2. The potential contractorigrantee shall provide immediate written notice to the person to which this certifi cation is submitted if at any time the potential contractorigrantee learns that the certification was erroneous when sub6tted or has become erroneous by reason of changed circumstances. 1 The words'covered contract' 'debarred,*'suspended,*'Ineligible,''participant,' 'person,' 'principal,"'proposal,'and'voluntarily excluded," as used in this certifi cation have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549, Usage is as defined in the attachment, 4, The potential contractor/grantee agrees by subm"Ming this certification that,should the proposed covered con/ rant be entered into,it shall not knowingly enter into any subcontract with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department of Health and Human Services,United States Department of Agriculture or other federal department or agency,and/or the Texas Department of Aging and Disablity Services,as applicable. "S" Do you have or do you andc1pate having sub con tractors/subgrantees under this proposed contract? —X—YES NO 5, The poten4al oDntraclor/grantee further agrees by submitting this certification that it will include this certification titled'Cerlificallon Regarding Debarment, Suspension,Inergibility,and Voluntary Exclusion for Covered Contracts and Grants'without modification,in all covered subcontracts and in solicitations for all covered subcontracts 5. A contractor/grantee may rely upon a certification of a potential sub ntraclor/surant that It is not debarred,suspended,ineligible,or voluntarily excluded from the covered oDniract/grant,unless it knows that the certification is erroneous. A contractortgrantee must,at a minimum,obtain certifications from its covered subcontractorstsubg rant ees upon each subcontracCs/subgranCs initiation and upon each renewal, 7'. Nothing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document The knowledge and information of a contraLlor/grantee is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 8. Except for oDnitacts/grants authorized under paragraph 4 of these terms,if a contractor"grantee in a covered contracVgrani knowingly enters into a covered subcontract/subgrant with a person who is suspended,debarred,ineligible,or voluntarily excluded from parltipalmn in the transaction,in addition to other rem available to the federal government,Department of Health and Human Services,United State Department of Agriculture,or other federa',,,department or agency,as applicable,and/or the Texas Department of Aging and DisabVity Services may pursue available remedes,Including suspension and/or debarment. ----------11 1–, 11------------ CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS AND GRANTS Indicate which statement applies to the covered potential contractor/grantee: calion,that neither it nor its principals Is pr esently debarred,suspend for ed,proposed The potential conlractorigrantee certifies,by submission of this cedif debarment,declared ineligible,or voluntarily excluded from participation in this contract/grant by any federal department or agency or by the Slate of Texas The potential contractor/grantee is unable to certify to one or more of the terms in this certification In this anslance,,the potential contraclorigrantee must attach an explanation for each of the above terms to which he is unable to make certification. Attach the explanaUon(s�to this certification. Cfty of Co us Christi-Parks and Recreation Department-Senior Communft Services 74-6000574 NAME OF POTENTIAL CONTRACTOWGRANTEE. VENDOR 10 NOJFEDERAL EMPLOYER'S ID NO. Michael Morns Signature ofA a0zed Representative PrinledfTyped Name of Authorized Representative Date Title of Authorized Representative TIHS CERTIFICATION IS FOR FFY 2014,PERIOD BEGINNING OCTOBER 1 2013 AND ENDING SEPTEMBER 30,2014. INSTRUCTIONS F CERTIFICATION 1. By signing and submitting this proposal,the prospective contractor/grantee is providing the certification set out below. 2. The inability of a contractor/grantee to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective contractor/grantee shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective contractor1grantee to furnish a certification or an explanation shall disqualify such contractor�grantee from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If is later determined that the prospective contractor/grantee knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective contractor/grantee shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective contractor/grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," ''principal," "proposal,"and "voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations(13 CFR Part 145). 6. The prospective contractor�grantee agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective contractorgrantee further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions, "provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may,but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 Attachment 9/11/2013 1:29 PM Submission#1 6,28 13 Department of in and Disability Services Uniform Rate Negotiation Workbook/Budget Federal Contract Period: 10-01-13109-30-14 Common Provider 1 Nutrition Providers Legal Business Name: City of Corpus Christ! 2 Street Address: 1201 Leopard 3 Mailing Address: 1201 Leopard 4 Clty: Corpus Christi,TX 5 Zip Code: 78401 6 Phone Number: 361-826-3150 7 E-mail Address: elsam@cctexas,com Contact Name: Elsa Munoz Nutrition Providers website address: cctexas.com 10 Did this Nutrition provider complete a rate setting workbook last year? Yes 11 If Yes what was the provider name listed on the workbook? C!ty of Corpus Christi 72-is the Provider a AAA Provider? Yes 13 If Yes,select the AAA Name: -----Area Agency on Aging of the Coastal Band If Yes,contact name at AAA: Betty Lamb 15 If Yes,is it a contract or vendor relationship? Contract 16 Is the Provider a DADS Community Services Provider? Yes 17 If Yes,Contract Manager name at DADS Community Services: Teresa Saenz If Yes,select the DADS Region Number: Region 11 Vg if Yes,enter the DADS contract number: 167400 Service Delivery Information Home Delivered Meals YO Does this Nutrition provider serve home delivered meals paid for by DADS or the AAA? Yes '21 Does this Nutrition provider have an approved Home Delivered Nutrition Waiver for 2013? Yes 22 Is this Nutrition provider requesting a Home Delivered Nutrition Waiver for 20147 Yes 23 Total number of home delivered meat routes for this provider: 11 24 Total number of meal preparation sites used by this provider: 1 Congregate Meals 25 Does this Nutrition provider serve congregate meals paid for by the AAA7 Yes '26 Does this Nutrition provider have an approved Congregate Nutrition Waiver for 20137 No IIs this Nutrition provider requesting a Congregate Waiver for 2014? No Total number of meal preparation sites used by this provider: 1 Tatal number of meal sites used by this provider. 8 Provider Total BmArt by Service_ Provider Nami t t @ - Herne Nutrition 1 Nutrition 1 Total Agency I Defternd Education e Education 1 9a Meat P _ Tei-:. AAA Clients f RLS Cluing Personnel Salaries(Identified by Job tBs) 1 € € Stall Auletants I1.5 FTE Positrons] T5 1U7 DOI to NT . 1 ';, Homos Coadnaban l (1 FTE Position- :+42x9 WE 173cn311U Krishan Supervisor (1FTE Position 23511 DO' I8.(lei 1X1_ Cooks (2.48 FTE Peed:mug 4H I-'7 66 2517-.5 Mr Tradeshatper (1 FTE Position)! te432 lei 3 Se011- Laborer (2.45 FTE Positions) TO 51g DUI 29 XIIV E Outreach Works 11 FTE Postme1 28_ '',7,.0 C 1) Accounting TWa8tlun (1 FTE Poeanns 4144 1W3 ,666 Mt Senor Aomunl Clerk (1 FTE Positions in 798187 -U "1:1074V Staff Assistants (4.02 FTE Positions(039 in Sondem Senior 5lcm SuPedvew (1 FTE P.d.... (777.0,770 s Sita M Building end Grounds Cualndlen 11( 9 FTE Positions_.; it t .8 4 Ms Supsnterdsnl (1 FTE P 51 143 Lei III - i _8 Management Aide €(1 FTE Position - 047 73113 :# Admmsbabve Assistant (1 FTE Pcsite8;1 14 lit CV Senior Canter Supervision (5 B2 FTE Position 174.9715 IV Meal Count: 52% HDM. 41% Congregate and Sler Plus 7% AU IG(rhan Stag mal alocation is based on meal woof AYane x111 cost allocabon Is based on hen sleds pe anlage teal Total Sat./r.. Payroll axes It Benefits (Employer Pal..:) ..._ __— .._.. Federal Iniwincs compensation A0 (FICAI't Texas Unemployment Cempensibon AG ITUCA)' Federal Unemployment Tax ACi (FUTA): 241 I °x Nil. - -- -� Workers cernpsnee.* l -ail 17 115" Health Insuren •i 174 733, ?KIM! Congregate 1 Meer -.Fant l: Adrr.rs!ationf TAR Plus Canter Meals <-- oboes Ileamessr iipp%ceble 1 appkcabfe replace wtth We : replace wit Ida umlaut ts11h title of other agency of other agency; of other agency eabince no ed Is 39411 13 947 (YI 11 x8848881 10.912 60 7 757 ,V) 20 742 §77ate 411 ,U2:7,1":91.3 3,511rY to ( 759 t 26 63111'.. 1.177 7I P P7 UT4 PIP 7.181 4`1 414 748 74...1891 7,13717 1.5 E7417. [1111€ Retimmanl Cakrulatd at 2445 x Salary v Retirement TAWS and FICA ToldPo:_Team d Beinehtss Pad: Contrast atilt Neatly by Position!, Total Contact sloth r=te=11 7 574 NII = ^179 4777477 4 1 4213 €#7 158.=;2 2.1811 8481 -4-12, Eta Professional Dams.:=_E, ant Cones fence (IIx Con'Fence & Alton deul Benefits Counseling Trawling (7 slag) and local Yining for senior saner and kitchen stag required for licensors such as Foot Aid8CPR. Food' Managers Cerb1c.Yon. Food Hems Cards. Me. ( Tau Cselerences mos (list OrganitaUon FTamil Meda on Wheels *sweetest o1 Amens* and Meals on W he.le a1 Texas eta& Dues' aluGl. (list Item te: 2T1 T9-11 181 z 111 3`74;;90 Provider Tot I Coil Area Prookaar Hama' smrzoo T30 PM udt by SFvk Rowe potholed .4e1 Pum ]U21O 02 UM TTAVErTA1 -41TOUTT5 Total Agaacy Budget Estimated raw food coat 51.3Mund 'Taal Raw Feed gF 60 g g Pitha S Carrara! Kiketwo FFOUgil Meiti Chided Meals -ty Notidarr Palace Eder -atom Edo:ash:or cgoto MA Maud RLS C.Aenka PhoM Puow§m STAR PI Maas Rausaa Nrawber. AoSusiegraddei Comer qawarlues s A alth. CTs Pa Asa ap wawaLToa a r of other 4e5.37.6 - 1G5.T.20 t"Xj 2,5 875 trJ Shed Stable Meals kiii511 Uri 4 477 9t14 tri ,Y# - Purchased Meals 4 477(.13 U" S1 Cogasuenahua iiderriihyW type) tice-Capeul Eqoproweillasi east S5,000 pat Raul Papoipessas gawk inoperaW, Pare*, ulertaaa eta) Meal Doever-yCanaurnatrie Supplies Pais/Parw/Coaided Altereada PedaRaitA+Cooking utonas 50f- O Caakrara Supplied Altaidoure led, drawaehrod liquid: &yea apple harslet*. plasiro woe papta lowela, par souetrare etc (18,667} °thaw (identify i5diVidually afi home 0,19F Sam -a Cade arierabalatap 7-414 Caretwowava Toroi alalFeed Tatalgthtm Provider Total Bud Powder Nwr el_pr -7. c p_ '1112917 1 - PM ���� et 6_ _Service Home Delivered cal the Coastal Bend - _— --til applicable = k applicable - applicable Nutrition Nuhitron € I - Adm.1FstlatrwJ , replace mei title - replace grin tills t replace MD rills Edcutron- Eduueon I Congregate „ STAR Pin Cartier Participant t of other agency - of other agency of niter agency AAA Ciento RLS Ciento f Meal ' - am 1. heal. € _born Aaseaement 1- Masat 000 . en Depreciation Nimbly Ham, yew purchased, cost) T� Tatalaprr ince NM= Interest pais Wily Hem, year purchased, cosi* W Intmost. Leasing (identlty Hem, year leased) Cop Renata, Ceniutsr Rentals, Gauss Dap Removal, Dumps'r Fen, Thee are 4 copiers 6u1 ase leased in addition to 6 computers. Thee shoe the replacement of agv.pment u pet the contract schedule Tow /Maintenance (Identify Ilam, yew purchased, coat >- Kitchen Equipment purchased In 26011 and Minter equpms%L and PC` repairs `,472-0204 m Telal E-- A portion of the Ciya aver match Nig 1P beside center:. opsiationnedministraten Based on.. _. for FY F7 — Total Undies Dapischafin P - Dapisch0m pdanoty item, year perc1 0& coil 14t1 135 03 13 07D 047 €,i UFO fai Insurance (Identity type of insurance) To e.:€tee Inhales Total kiss-__:i Satdutlly Alarm Syele 1 el 161 senor center and Nutrlbon Education 5 , :: Cantor ti=- I u 1L-) - - a =sem A portion of the Cltys orw match rs6 yo Meerda center':. opesaau edma.stration otk Supplies for 1 61 senior ram . and Husibon Education Service Center A poem of the City. ore match w6 go towel. upon opsraeonhladmirustra1on Repair (Id.Mlh Nliaaama-aver $l0o.) Dreae sanity ma.dansnce M include AIC, Heating. PWmbrng, genet r.palre, .k. Tlue includes Bening MWntraunce Aaocelbn as per City Budget office `= 34 dEh 9U11 22260< Tann (Identity Type of Tax) 3:747 - MEIT Total Taxes _-.'.. - 3-1 u. W. i PdJt-uqb Servic Coot Argo Possfjo- Homo: I 9111/2913 1 30 .7z/so Sok - R o sof siaTof A/al As) f71 -6Afath C- I Fissom tiobilsoo I Nolfraos T* -1 wRW Dalkaaj . f-feff fka Pf-f: CfalW 01-5 CkalL 6 Adaffafba-d rs-s-vois STAR Pao Cassia Paliaraot 9/ ktoolf I mt.-a Assootonaol I I /I of -Or -sae tw4-of (9-90 /wtosa oo9.90 Mpt-Off .af-/ Oflo fatf agenal - o( atAi olawoo Tal solo /7. - am I - tadosial 903 Hopass IldAttlity Nom & Toff aff f4a I1 12w3), Tf_kf fla 511 (1999) assl 0/1-loa-f Vas fsOs 4/4 La /info/soca 1 o/ /four Total /e--- oolot/salAsos V&naf amschmood, coal —11111 _ - IMGMEEMIMIINERNM .110W.111111—.J1101111111 Ell Totai 0 - ilaiotoos /Mai lo sal Teal T WI MI I MEM 111111111111MM I I I MN EU 1=111111111 s/ /_ ) I MI I MI 1111 I I I I ME Mg • 111 Hi 111=1 MI • I 111 11111111 I I I I I III II I Cost Alae Provider Total Budget by Service Floodlit Nunn 1 CAyai Clams CIntt 91{1(2917 1/30 FM MA Name, Area Agency on Ague) of the Coastal Bend RNunhbur R Total Agency Bud 1 Nutnlex I Nutrition Educator e 1 Educatmn AAA Cline R1.5 Ciente Congregate 1 Meg Pi en! em TAR Plus Meals Administration/ Cents sborts Participant Asaossmonl appPauhM replace %Nts DP* of ams agency em 1 .ppbc bl. lep4Ge loth pile of other regency .m I' .ppliubio lephice loth pts of timer y.ney am Balance lull eted Administrative & General Printing Copying T Olein Supplies Office ConUactual Agreements 111111111111111111111111 111111=11111111111111 1111111111111 11111•111INTIONTIE111111111111111 111111M= AMMIIIEMME1111 MIME TataI Con adureamit Postage Talar Pet ft Telecommunications 6.9 Fees IIMINIMIIMMIIIIIIIIIINIIMitimma..111=11111=1111111.1.111MMUMM • I I I III mimmim in I I I 1. I I I I I I I I I I I 1111111.1MIMI 1M MA WIN IMO Consulting Fees Other Fees 'Explain) Other Mho. (Explain) Clodoog IUmfmm.( Minor Computer Equipment Minor Odie Equipment A�Yn1.5pa1 infermaten Syslents Cwt Alloca■on (delermm.d by Office el Management and Budget) Ileal Contribution Deposit Stipples Mace lode end Equipment A portion of Be Ctrs oral match loll go bounds Gaoler atioruladnrnlstia6an. ro .39" 'RA1 01i MI ZOO tX-11 1 42s raj 10101111.7 at'on vace tb,e_ UP /x3 7,4 Cin — Total other Nitro. Trial AdminlsUetlre & General TOW B xw_w __,__ Educi_ _o_ R _. .- yd . y . _ Educa0ag as a sewate somw.( 9/112013 1:57 PM Provider Name' City of Corpus Christi AAA Name; Area Agency on Aging of the Coastal Bend Region Number! Region 11 Section 1 This section is used to compare the amounts budgetedfallocated to each program by cost area, Example:What percent of the agencies personnel cost is budgeted/allocated to home delivered meats versus congregate meals and other agency programs?The information should be used as a review tool to gain an understanding of the agencies overall budget and operations. Percentage of the Total Cost Area Budgeted to Home Delivered Congregate Cost Area Meals Meals Other Programs Total Personnel 21.80% 27.48% 50.72% Total Professional Development 24.48% 19.34% 56.18% Total Raw Food 5138% 4204% 658% Total Purchased Meals 5059% 45 021% 440% Total Frei; ht 000% 0001% 050% Total:Storage Co,�t 000% 000% 000% Total Consumables 69 5211% 21 960,6 852% Total Other Meal/Food 51,85`✓cx 4074% 7 41% Total Meals/Food 54..48% 3866% 6.87% Total Equipment 27.34% 13.06% 59,61% Total Occupaincy/Building 6,08% 28.64% 65.28% Total Trans ortationfTravel 79,97% 8.10% 11,93% Total Administrative&General 14.65% 16..70% 68.65% Total of all Cost Areas 30.55% 2727% 42.18% Example of how to use this information: Compare the percentage of total personnel budgeted to the mean programs and other programs, Based on the percentages of total cost does the percentages appear reasonable and equitably distributed between programs? If the percentages are not easily identified as equitable a further review of the salaries may be necessary There are many reasons for variances in percentage for example the agency may use volunteers for some of the programs this may cause the overall percentages appear out of line REMEMBER. There are no right or wrong percentages The reviewer through analysis of the budget and discussions with the provider must determine if the allocation is acceptable. The reviewers notes detailing budget review, discussions with the provider„and decisions made should be included in the work file. 9/1112013 1:57 PM Provider Name: City Of Corpus Christi AAAName-. Area Agency on Aging of the Coastal Send Region Number. Region 11 Section 2 This section Is a summary of Information to use to analyze the cost and how they are allocated between Congregate and Home Delivered Meals.The Information is presented in three different ways' •Total Cost:Amount budgeted by cost area •Percentage of total cost:Percentage of the total of cost area for the two meat programs applied to each program •Cost per unit:How much of the unit cost Is used to pay for each cost area $X XX of the cost of each meat is for XX cost area Below the cost area summary Informal Is additional Information showing; •Percentage of the total budgeted meat cost applied to the home delivered and congregate meal programs •Percentage of the total budgeted meals(home Delivered&congregate)applied to the home delivered and congregate programs. •Whole Unit rate for each meal program •Calculated meal rate based on information entered an the home delivered and congregate meal budget worksheels Total st Percenta le of Total Cost Cost er unit Home Home Home Delivered Congregate Delivered Congregat Delivered Congregate 1, a Meals Meals Meals Cost Area Meals Meals Meals a 4424% 55,76% 260.528.00 328.402,00 55.A 220 q'IR 86 1 Total Personnel 4 002 0.02 Total Professional Develo Mont 2.093.00 1,65400 5586% A-14% -- Total Raw Food 202.07400 165,326 CO 55.00`1,4w 4500%1 1 72 1 73 .......... Purchased Meals Hot Prepared Meals Purchased from a 11(30% 00001,11) --i Supplier or Central Kitchen Frozen Meals 0.017% 6667 Chilled Meals - 0 010IN, 0 OW110 Shelf Stable Meals 447700 Qil:kA Fin `52 91*I'D 4709% E29 5 295 Total Consomables 57 926 00 18301 00 75 99"Nh 24 01'/6 049 019 7000 55 00 56 001:�G 44 009's 000 000 Total Other Mi - 193 2231 295 019 00(l 264.54700 187.666,,00 5850% 4150% 193 Total Mealsi -009 . 005 10,936.00 5,22300 67,68% 32.32% - 11 Total E ul Mont 82,49% 020 114 Total Occu anc li 23,490,00 110.65&00 17,51% i.46 0,18 Total Trans ortationloravel 173,763,00 17,60200 9080% 9.20% Total Adminis tive&General 20,863.00 23,78500 4673% 5327% 018 024 6 37 6,94 Subtotal 756,220,00 674.98700 52.84% 47.16% Nutrition Education 5 rj�,)6 72 4 Total 761,726.7 6.99 20700 Total Bud eked Cost 100 674,98700 �1,431 "0 greenta a of Total Bud oted Meal Cost 52.54�% 47.16% 10000% 111i 11 11,,ated meals 97,191 faillal % AC WICIL parcenta eafTotal Bud et dMeals. 151489(7�% hole Unit Rate Full ost er eat .42 6.99 i:1a:to:d R,�t, 4.95 6.36 911112013 1:57 PM Provider Name; City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number 11 Example of how to use this information: Review each of the cost areas based on the three different ways the information is presented Determine if the dollar amount is reasonable for each of the cost areas. Is the percentage of the cost allocation between congregate and home delivered comparable to the percentage of total budgeted meads for each program? Review examples: e OccupancylBuilding cost is expected to be higher for congregate than home delivered because the home delivered program should only be charged a share of the cost for the kitchen and delivery preparation area for the time those areas are used to prepare and disburse meals. The congregate program would be charged a share of the cost for the kitchen area for the time those areas are used to prepare meals and include the cost associated with the area used to consume meals,. e How are Personnel costs allocated between the two meal programs? Is the allocation based on the percentage of meals, percentage of total cost,or actual time spent between the two programs? • Review the cost per unit of raw food„ Is the amount the same for both programs?If not,why are they different? • Review the total cost per unit rates,„ are the rates for the programs similar? Because the program requirements are different, small variances are expected.If the variances cannot be explained by program differences,you need to explain in your review papers why they are different.. -Provider Name: AAA Name: Area Agency on Aging el Me Coastal Bend Regan Number RuaD57- 11 0t110 1 43 Pm Most Recent Completed Midget 2012 Year Home Delivered Meal Btlgt Worksheet -- Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Pro osed Budget Proposed Budget 1 1 1 -• -else 1 i Variance 1 1 1 1 1 k ' per General] Approved minus 1 Percentage 1 Peleadliage , 1 Budget I ' I Area 1 Ler 1 Msd±at • EperDs. 1 ttt Vadance i are Un4 Cosi Pers,orinsi Saiiiiii; PR Yaleal Senerai- 157271 DO 1 20636.00 I 94.:11 i .32855[ i ss052!40 r wiact tt0f, COID!,.:071* itgregi, PR Taxes di Sene6is I 21.2111-10 . 21,128.13M -90 --' EA3% , 5G35 12 44-05% Nutrition Education MIMS 1 r , i 0.1Xr ,......1i7 1 0.00 0 I ___._,-0.80% 0.0%" DM% 0.00, 0.G31 000 E 0.03%4 0.0%1 .„ Contract stall, Conmensakora 1 0E1 Taal ----, . _,:_____L1221§2_20° 21-,1200- t -- 00 ITVW% .2, - - 3.2015L _ c„Dam, f 21 _ _ 34.05%, _ -.÷ unierance „„„„ ,. C Glance 1,,e.crroTtas90, s„ ---- .2-, 91%1 7826% 1273 00 120.00 list% ptstsswoosiOweStwt_sst puss 49220 , 276.00 -215 0 s.,0*-- . 17 DO -75.61%„ 01:71 -L -m„ ,------ -----"--377:1 -111•641aal:-.1E71°6c5796 367 2003031, 35.25% . ..... ..------ :15.52% ... I tcris ;so- -.0 , 198 3020 H.0 i . , f E , „ i -24.6611 70320477.77.:02 1000% [chased Meals I 5023, 1 5123 1 100.00%1 swage , 0csli s 00c041.4%. -.., -0-00 1;1ii7/6%51.: Freight E dal n 0001 E Consumables 51.898 00 is 56,622.00 4.926 , -13.67 r 5792706.aw3 - Other •N 1911.00% -53.02% yof.71....._ ._,., Equ 643 sail 5 =2_2,, 7.1,1 30 93 ra , - , NA- 547.Do _ _ 3132% -1:- s•-60,197.00 50.00 Depreciation 0 i- 0:110% 0.Eari% sing 3245.G.5 6.63203 3192 1 -51 11% 500.°23311t 1 44 14% 0.00 I, 0 1 0 dr31 truest 4875 U77 intenance 4205.00 3,156.0 -1,049 _i___ 33.24%. 100360 505 dC-o3 otal 7.4WiE 1E793 - -2,343 -17 ---'23.07, : _ 1.14 -60, f 0 'DV 0.001 Oacu /13unienre. 1.414 1- - - 0 A ia f - - -- 9 966 PO_ - I . 11: 01-50:. GU 11, 0.C.3% 31155511 s•s -12.43'i 13070 DO , Depreciation 0 li 0.N1 0.00341 Mortgage interest 1 0i1s3 1 0 0.00% OM' 0.03,31 10surance013 0 072,4% 10-10.C11 0 03, 0.80%1 Security 4,134001.002.00 1 -3.152 317.56% -75.38%1 Janitorial 3242 00 3.24200 . 0 12.02% 2278E101 718A 051 -3313.34Z epair 0 5.353.50 1435600 9.371 -53.57%[ 0C-0% 0.00 0 0 00%- _________O 22,177,5- U0.00- - 7603 % ._ , '--- 23409 co Percentage i Vanance PYRIN Yawl Actual to Proposed 1 PercenWge al Unit 1 Pipmc-analliMaist Windt Cost 35.5057•4- 00%E. --- 33 50V71 3420% - Explanation otVariances !neaten Factor 2012 1u2013 1014% - inflation Factor 20 13 to2014 0125, Cointhried IntLstan Factor, 2020. 1 An explanation of variance must be Provided for each cost area yams the expenses per General L • r • varies ham the eppreVed budget for the most recent completed year by 10% or more 2 An explanation of valiance must be provided tor each coat area +shere the ed 1 amount exceeds the prior year actual amount by more than the two year combined inflation factor FY 12 - Variance due to vacant positrons. FY 14 - personnel variance due vacant Warms staring at entry level salary FY 14 decrease due to more goiiig nto salaries from Nutrition Educar 1-Y 12 - didlidhave to wadi" shell stable meets - liatable Meals wino' - purchased until emergenc-y situation. FY14 Shelf Stable meals budgeted again 10 case emergency situahcin warrants. FY14 consumables inaease due to a very sienthcant increase in diver plates (novo .42Jeach). Torai FYI2 - Leaelfig - variance due to allocabon between Center Ops and granL FY 12 Maintenance - unanticipated lnaease in equipment maintenance FY 12= Utility Coal - t decrease due tO alocatiori FY 14 to react actual cost increase thou Juno 2013. FY 12 Security - Increase due to allocation 813 correct %alb FY14_ FY 12 decrease due to allocation formula FY 14 allocation was ediusled FY 12 Repairs - decrease in amount charged to this lace item due to alocalion Issue plus basset anticipated repays FY 14 Repais amount mad was adjusted to reflect historical expenses Home Delivered Meal Budget Worksheet Provider Name: City of Corpus Chnsu AAA Name: Area Agency on Aging of me Coastal Bend Region Number Radon 11 9111113 1-43 PM Most Recent Completed Budget Year 2012 Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Pro l.sed Bud :-t Proposed Budget Mileage Delivery Gas6pl Repairs Insurance Depreoakon/Iease Interest d Ucenses Expense '.. per General Approved Led - _ ed feel Tran Itonfrrevel Reimbursement 3,943.00 Cost Area 199.488.011 ] 51a.O0 91830 205,432.00 1,060.00 1,239.00 0.00 000 0.00 0.00 Variance Budget nen. Eyeglass Percentage of Variance Percentage of LMd Cost PoirvqwqBudget Percentage Variance Prior Year Actual to Proposed Percentage of Unit Budd Cost 1.892 5.944 246 261 0 0 0 0 Total 201,331.f 209.67400 8,343 AdnrInlstrativs & General -97.38, -2-89 -23.21% -21.0 036% 0.00% 0.00% Advertising Printing Copying Office Suppliers Contractual Agreements Postage Telecommunications hairy Insurance Legal Fees Accounting Fees Consulting Fees Other Fees {Explain) Audit Other Misc. [Explain) Total Total of at Cost Areas Total Number of Meals Whole Cost eer Meal 148 w0 14800 497 0D 779.00 75.00 754 00 377.8 2.7.0 165.00 165.00 3,352.00 1,288.00 0.00 208.00 771.00 0.00 0.00 0.00 0.00 0.00 5,393.00 21,956.0(1 17 17 2.055 509 0 133 17 0 0 0 0 0 5-393 -1030 -10.30% -65.17% -39.52% 0.00% 63.94% -2.20% 0.00% 0.00% 0.00% 0.00% 0.00%' 100.00,4 21,579 - =95.28% 3.00 Total 651275.00 520-1-70T-613% 201,943.00; -2367% arTMeal Rate [Title IIi� oved {Title XIX? 4 100.00% 725.001 1321.57% 171032,00 -14.25% 1102.00 35.38% 904.00 -7.57% 0 00 0.00%. 0 00 0.00% 0.00 0.00%1 0.00''. -13.69% '65.000,: 92.57% 171.00.. 15.54% 733.001 47.48% 1505.0(1 156.10% OOt 0.00% 1430(1 90.67% 1350 79.05% 0.00 0.00% Q00 O:rrz 0.001 0.00% 0 00 0.00% 0 00'..- 0.00% 9317-00 100.005. 6669.0 3 1722.02% 651,01% 22.51 % Explanation of Variances actor 20L to 2013 Inflation Factor 2013 to 2014 Combined Irritation Factor 1 An explanation of variance must be provided for each cost area Where expenses per General Ledger vanes from the approved budget for the most recent completed year by 19% or more. 2. An explanation of variance must be provided for each rust area where est proposed Cudgel amount exceeds the prior year actual amount by more Man the two year combined inflation factor. the FY 12 Mileage decrease due to lack of mileage claimed by staff, plus a9acafion issue behveen HDM and Congregate programs, also outreach now uses city vehicle FY14 Mleage = amount budgeted was adjusted 10 reflect the pest two years history FY12 Delivery Expense- sightly under due 10 number of meals not delivered. FY 14 - Deivery Cost • Mhaease in meal delivery rate to S1, 46 based on actual cost per meal charged by RMR, In addition, deivery costs were a net decrease due to newer meals planned. FY12 Gas 6 08 sightly under budgeted amount. FY14 Oil6 Gas increased based on fuel increase. FYI2 Repair.- decease due 10 atocation. FY 12 - Advertising- slightly under budget FY14 sight increase due la neabon for product FY12 Printing - sightly under budget FY 14 sight inflationary increase FY12 copying -Cey charges for copying not fully charged to HDM program. FY14 Budgeted for copying expenses as have been charged hstc4ica6y. FY 12 error leo charges for oifce supplies caused decrease. FY14 Office Supplies Moused budgeted due to annuakzed estimate for FY 13. FY12 Postage- underspent budget FY14 Postage naease based postage Increase and decrease to FY 13 budget FY 14 Telephone- budgeted based on FY 13; naease in allocation. FY14 Audit - Budgeted for expense that was not charge to department In FY12 but should have been. FYI2 Other Miss- - MIS charges allocated were not charged to Meal Program- only charged to Center Ops (General Fund). Uniforms were charged another grant year. FY 14 Other Mise. efocalian formula was adjusted mei additional expenses charged to Center operations. FY 14 Includes undorms that wig be purchased, minor =muter eget minor office equipment and minor tools and .. - -L and d...„...;. for meal d - : MIS allocation vial not be Provider of Corpus Ch4is0 AM Name: Area Agency on Aging of me Coastal Bend Region Number Rns-u,-- 11 9/11 13 1 43 Most Recent Completed Budget 2012 Year Cast Area Home Delivered Meal Budget Worksheet Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Pro..sed Bud -et Proposed Budget Explanation of Variances Expense I per Genera j Approved Ledger Budget Solway DADS A11 AAA DADS Tide XJ( DASX1XLC8Ai 60 hrome Other Funds - _ Meals Other FuWi- Non ' Meals Local Funds - Beir 04 Match Local Funds - Cas Ural Exceeded DADS MI -AM 'No XX Cocal•Funds • Cso Lind Exceeded Tele XIX Provider Total !Ledger:Ad Hems Delivered Meals arlance (Provider Total Be ed itrus DerryIota ears by Funding Source Estimated Number of Nutrition Education Units AAA Clients Nutrition Education Eludiel_-_ AM Clients Calculated Cost ste Unit 491 5,505 72 11,22 Percentage of Unit COM t Proposed Budget Percenlage Variance - Prior Year Actual to Proposed Percentage ol Unit Budget Cost Calculated Rate Revenue St.lalol 1- a:atv 2112 io 201 ild1FC.2O13.L2O13 Ce%rm fled k1fi'g' 1 An explanation 01 variance must be provided for each oast area V•411310 the expenses per General Ledger varies from the approved. — Afar the most recant completed year by 10% or more 2. An explanation of vermilion must be provided lor each cast area where the proposed budget amount exceeds the pnor year actual amount by more than the two year combined inflation factor 4 95 267142 Pr Meals • Calculated Units 4.95 0.00' 236229 Meats *Cakulated Units Meats • Calculated Units 6A2 9.746 Meals Calculated Units 6.42 72238 Proposed Meals • Calculated Units 6.42 ed Meats • Calculated Units 0.57 60.359 DADS A61 MA Pr Meats Tele XX PI Meats 'Calculated Rate 090 95,304 DADS MI AM Meals *Titre XX Meals 'Calculated Rate 030 DADS Title XtX Pr Meats 'Calculated Rale 761.816 9111113 1 A4 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number: Region 11 Home Delivered Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1, Total Budgeted Expenses for Contract Year 1,. $ 761.726,72 2.. Total Number of Anticipated Meals 10 be Provided by Fun&ng Source DADS A&II AAA 58,1170 Title XX 47„723 Title XIX 0 Other Funds Other Funds- Program Income 1,518 Eligible Meals 11.252 Non-Eligible Meals 0 118,663 3,. Whole Unit Rate(Line 1 divided i by Line 2) 3, $ 6.42 Reimbursement,Calculation DADS A&I!AAA &Title XX Tide XIX 4 Projected NSIP per Meal'Value 0.64 NIA 5. Rate Less NSIP per Meal Value S 5.73 NIA 6, Mandatory Loi:W Match of 10% S 0,57 — N Appllllcatala„Match Reduction From the In-kind Match Cerhfication form S Required Cash Match S 0.57 NIA 7, Proposed Meat Rate(Line 3 minus Line 6) S 5.85 $ 6,42 8. Rate Cap Applicablie to Title XIX,Title XX and DADS A&l AAA Common Providees S 495 $ 6.12 9. Excess of Cap Rate Reduction S (0 B0) $ (030) Accepted Un4 Rate for Current Year $ 4.95 ' $ 612 If any portion of the required match is in-kind,you must complete an In-Kind Match Cerdficallon form. By signing below„the provider acknowledges that all related records are subject to audit in accordance with contract requirements and all applicable federal and state laws. City of Corpus Christi Michael Morris.`Director Legal Name of Contracted Provider Printed typed Name of Signer el la l`3 xgnature Date Area Agency on Aging of the Coastal Bend Region 11 Name of Area Agency on Aging Department of Aging and Disability Services fill i' r &?C rc,v c/k ~ Pnntedlryped Name of Signer Printedlfyp Si ner Signature Signature ate Date 9/11/131A5 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Region Number: Region 11 Home Delivered Meals BUDGET WORKSHEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief, this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor, the owner must sign the Budget Worksheet Certification. If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation, the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore,falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Nnme of Contracted Provider Printedfryped Name of Signer Date Signature Signer Authority: i."' Sole Proprietor Association officer (check one) ,"' Partner Board Member " Corporate Officer Governmental Official 9011113 11;46 PM AAA Name,, Area Agency on Aging of ire Coastaii Bend Region Number, Region 11 IIome Delivered Meals IN-KIND 1NI ATCH CERTIFICATION Provider. City of Corpus Chn'sb In-kind Contribution(s): SO For any item identified below,you must maintain support documentation, ITEM DATE OF RECEIPT VALUE f TOTAL SO Note; All contributions must meet the requ irements of IRS Publication 561 htt ," .irss o,. o_qbIirs-pd f 5csl p f Examples of Documentation linelude; Rent„ 1„ Letter of Agreement with Owner 2. Adequate Valuation of Property on a Current Basis(this shouild be reviewed at least every two years and if senior center,based on property value and center participation) Labor; I,, Minimum wage 2,. Documented prevailing wage in the Area.For prevailing wage information visit the Texas Workforce Commission's website at Ilu):G,ly roi iii m,,.iu m m,,, aa'uro� All in-kind labor must be required for the service to be provided. If you would not hire someone to perform the labor if it were not in-kind then you cannot count it. Utilities,, 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name or Contracted Provider Printed/Typed Name of Signer sh Date Sign t Fr 1s 41 Co U1140 8,86 Hamm: A44 Aunnyin Agiog 6-2 Me Con -P1 Born Col-via:gate Meal Budget Worksheet Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Proposed Budget rn Most Recent Completed Budget Year 2012 Cost Mea 9111113 5-67 011 Proposed Budget IE 1 1 I 1 I 1 • .4 t • 1 1 I 1 t 1 • Variance _, PR To Emomme pm 1 finmal Aomoved Long.- Broltlet 1 Personnel 2195374X117317 17003 i 1 Peron -line r • &noel 1 1 1 1 8 Vanance . Pinr I minus 8 Pmconago 1 Peacenlage I 1 1 If....1 Actual ks, r Percoologo of Urn 1 - 1 1 EizerripioLof Variance 1 of Una Coat 1 15 Foolmtvw• go -,,v tompotadn86v4 st 97.333 1 .70 69% E. 1 49 38%r 1 = I 1 325 606Ctg i [ g 1 i i 1 1 1 ' EC - h „PP Team A Bailable Piaci ataff. 4-48887041 3367240 13,974 WI' a, 1804 - 1 11 P3 E 97.331 , 1 46 13 I -67 %. 02 40T1 2-00 1-8 4 517 26 72%7 49C1E ZI 78-2. • 326.407 M81 49 33% laiaM • r 1 0 1 1 1 440401-188 - 4-11(16 m-%, g cgcmo TOM j• 13 974184 • 1997400 k `= 2931(f caw aa 72% bad man. Comprom�o 2191147110 31711400 Hannon Education 770_%4, Carfaance 1 1 OM 0917 1 057 06 1 063 1 -46 224M t • Proleaalocal Oev ehipmeol - • 1 256 7.27 1 es 1 344 73) 1 000 E -344 OPT 02%.1. • , 1 , 1 1 155 CC i 1 6 en • 8 I 0 03-720-- 1 .11 I I •. 70 .48544 1.6-U 03 1 1 1 348 PI 8 1 407.041 519 8, -27 60; 0 25%4 t1 8° , , ' . t Meals/Food 1 111973 Le / 136.•1 • .69 I 24.934 r -le 39%1-11 f P-nchesm3 g , _ 1835 932846 Lew I g 3.940(91 1 3.901 1 10007%1 4 ce 1 Fonght 1 I o gimgN I ; i I Simege r 0 8 03 I . 197-38401 2 Consumables i• 15.739 80 I 1595540 I 199 1 -1 25%1 16_661 C61 - t- 1 99 883 1 1 -69 9.5 MAO 53 66•1 0 65%1 t 1 1 126 527 C9 I 155 511 MI , 28 964 4 81604%, 2555104 1 a 2,8_ cl 0.4,4i -r. -..._r 1._ , 157.82P- 70 6,33ament • • nrswT 1 6 mg 1 a 1 000951, t-- 1 _ 2 929 00 i rr 3.165 93 I 1.119 1 -35 36%1 WM. - 2,_ 4187.2 .1 _ 4 639 W • 5 Mi= 03 1 • 363 6%1L° O91%4 lr.-.7 - 1 1 066•5 ___. a emi .1 gf - I I a it.e 1 a 1 07 NM 06 1 IIC°401 trio %% 01451 in 1 76.32161 P3 I 23.979 1 233 ' . I I 1 i a m I a i a mN . i 01815884 1 g 1100 1 a I a wtm 1 1 :at g 1 1 awl a 1 amtwg 1 4 1 1 g - 1 000101 9911111159100 1 6 1 6ON 1 1-612 CO1 -a a7x1 1.! 63961_1/1 1S126.63 1 -6.667 1 391 66-,14 1 i 1 666 CC I 1 40 883 On 1 -79.10%1 I 1140 . 6 1 a ma% i k 1 No 00%78%11 TaEea i 1 N3 00i i,i gig W y. 23 376 r: -2-35251 1 111 Gni ; 116 6.66 C* 1._ 'rail 22218M° notle Railikit..1§ft11.1 T 1 437 gg_kl i 1,233 cG i .192 I .- -.- 1 ' Tmov.alialaw4716,4.i 7 gedliaiy. -7: I 1 G66 6,1.X, Reyna very 1 [ 494388 6666 CQ 1 5 1 0.11%1 I 54817 .30 1 93112 00 1 .1-02 2 97%1 I 01-1_ t I • 1 0 00%1 7,653.!O ; two aoa3,41 a awl I 6 CO 0 i .ffirbe. 0 DA" Demonalnotease 1 1 9. 663 1 0 1 9-0-3 1 1 000 I 11 a a wag 90095 1 1 :°003%° 0 *4° M° 71 To 11 P52 071 11125 847 li 3E7 73.r8fil 1702 En 1 5194%j dveltring AMP61213-itivs A General 111 CP i 111 0. 3-l 70 91 1611 11140 1 20 , _ ,,---, : Rtt: cow ii. I& 79%1 114073 2527101 Preging Ohne Suppiet 1 661) Pi 1 7223 CO 1 283 371 CO I 29257 2.3 1 1.171 1.12-VEnt 147770873%1 bactual Atlieements 1 1140 1 0 . 000101 - e --nr4 bona 139391.91 6,4P102 i .3W 411tWi 1 119 M [ 72 16,9A951-'E6C(Z: i 1 L 1085210' 60 sax 40.31142 •52 03%1 0 00%1 22 7617%.92411. 49 38%1 111000101 0 cox] o 14 15%1 -4444*_ 6.3 63 4132% 271 Explanation el Variances 15j04.. FoUo. 2012 10 20 Itillatvin Fedor 2013 it..241i Curnbaux110114min Fuclrat_ 1._ An V10806800 Of YORAM° must be provided for each cost arse iitime the expenses per 1Genera1 Ledger vanes horn the approved budget 10. 010 most mond completed year by 1 tot !nova 2 An explanalion ol variants moil be provided fp each cost area Miens the proposed Ibudgel arnounl ascends Ole Om year .61011 .100001 by were than the leo year comlined Mdlaben 1.740 14. 1 611% 2 3914 1.0,1277Iances due 10817.7.1 positions and an mice IMool enough naiades congregate meals from Center operations. FY 14 variance due lo lEducalion and error In rval enough salahee bang charged lo congrega loperehons FY 14 decrease due le tens Poing 104,salaries Huntion Educate41 1FY 124117.1010373 40414604 8109 dtua la lending and vaca.nlpoollions FY 14 Crinfmance • astriated berring coal resigned ititli bay Hefted. bul nth maned number. ol FY 12 MEW,. Eta amount iv BMX Outline hum charged 411 14 DOM - Rem _FY -12 Rae Food • levier meals aemed than 0114 FY 14 Manisa food cost lo 81 72 pre meal, plug 5 Mkt mOie piNvmd meals compared lo Mose actuatly served FY 12 Shell Slable- did nol have b purchase shelf stable mots - as stable meals ere int piechased unbl lemergency situatein FY14 Shelf Stable meets budgeted again In caS amergency enuation lemmata FY14 consumables increase due le • very eigrefIcant Magma in clan Males Pim 42leedil FY 17 edditonal Sam's Club mintherslip card FY 14 deasesed number ol 865,5461 Sane club RED alert • oath pm- meat Is accurnie FY12 - Leasing • valence due In Mocatein Wyman Corder Ope and grind. FY 14 Leasing 000%1 1 con ecled budgmed allocabon for this Medan FY 12 Maintenance - unastticip.ted Increase in 56 05%1 1 laqvaprivera maintenance -23 91614, . 1 1 X6021.611 li.,OOSCO 1 4,184 1 .11.98981 -1 a 02%1 1 1932951 -9399511 1 -34349.1 1 956-191921 883 92%1 5 3984 5 4 g fFY 12 Obit" CosI -4.01.1.0.100011001000 chaigedlodenler Operations and Moen. al low sdes lo Om hours ol operation FY 1410 reflect actual coil noses. tau June 2013. 112 Jandraiel -income due lo Moostion Pam miller 017.43 11916166961e FY 14.431010.111 • 1 based on FY 13 atlocation. FY 12 Repair - slighl decrease In eslanaled amount FY 114 loielfecl eon& cost Increase emu Jima 2013 end Managed maintenance lo facilities (HVAC systems,. elt) 1 - I•FY 12 Mileage - &kr-atm en. bah/noe416304and corrgreete mesh caused • sighl Increase FY14 Mileage • amount . • • ad ems decreased due lo allocalno between Conley Ops end Home Delwin led Meats FY14 04 4 Gee wics eased based on fuel Inaesse FY 14 Repair. - lino ease in Moe ilem due lo aging of vans and bared on year 10 3.1. 01 4404.1 21 II I idumprie r ca 1 FY 12 - Advertising sightly wider budget FY14 slight Increase dulb 141.00n141.00n for goodact i FYI2 Printing - sightly under budget. 49 14 I hillitonery Increase FY12 copying - City for gyeng not nay 10 ROM progrem. FY14 • BudgeHd lor copying I1 responses en here been chafged hroloncatly FY 12 error lii chargee for eeerne 1 caused We. nese FY14 Office Semites increased budgeted du. lo annuskzed annals lei FY 13 1 FY12 Postage - underspenlbidgel 41144 Postage inCrepla braid postage Increase and 1 &amnia b FY 13 budget_ FY 14 Telephone - budgeted based on FY 13. 1.11108 10 9/11113 1:47 PM Department of Aging and Disability Services Congregate Meals-Request for Waiver Federal Contract Period: 10-01-13 1 09-30-14 Provider Must be a AAA Congregate Nutrition Provider Nutrition Providers Legal Business Name; Street Address: Mailing Address, City: Zip Code: Contact Name: AAA Provider: AAA Contact Name: 1 Does this Nutrition provider have an approved Congregate Nutrition Waiver for 20113?: Waiver to Serve Congregate Meals less than five(5)days per week 2 Number of mean sites included in this waver. 3 Percentage of total meal sites included in this waiver: 0% 4 The circumstances necessitating this waiver request:(select"Yes"for all that apply) Rural area where 5 days a week is not feasible Low number of consumers at the site Insufficient number of staff or volunteers Insufficient funding Other 5 If other„a reason for the request must be provided: 6 If the answer to question one is no, how will the consummers and the general public be notifiied of the change in the pattern of meal service Local newspaper Flyers Posting at the meal site Other 7 If other is selected method used must be provided: Assurances By submitting this waiver request to the Texas Department of Aging and Disability Services(DADS,Access and Intake Divisior requesting this waiver assures adherence to all AAA contractivendor agreement requirements and applicable Texas Administrr Codes. J S Provider Signature Date �r112 �3 ( X"2_ - Provider Nana. City ol Caltre peal AAA Simms A:3,1.74 akkakag 4.4 Vika 41.4,--4.1.4-10ka. Most Recent Completed Budget ;3012 9411117 1-421711 ate Meal Budget Worksheet Review of Most Recent Completed Year Approved Budget to Actual Year End Expense and Current Proposed Budget Year Proposed Budget Taal of a cam A.T5g1. 'Fatal Nakkataka 04 Masks Coat pui Pawl 77 ,y41-1 105 i_M° 1 r11.1301X1 39,217 50 1 31 087 ___1 ,70 27%1 1 71%' 71791 W1 Wl 1- 479.590M 857.553 Cal 181,13100 -27 95 Total 6 791 1 1--- 07%49718 f 42 57VOT -3 Mae I I F T k k k k , k i Vaklamaa k Percentage 1 1 . posse per [Variance - Prix 1 1 maw li Accikkakla-kg Fekka 1 kalkality 0t1A-VloaZa agal Fees C44144444 1 Caukaaal I App. -woad I kakmaa :k,.,.' percentage perummege .1 L ) 1100 [... 0 1 0 M74 1 Emplace t el Valiance 1 of UM Cesq ; 0 , 0 Offal r F p-2,,,,4_ ,--.9.214 Pmp.-109 0.4.0774-rj., Cosi 1100 , Year Actual to 1 Percentage of Unit 1 0 00%1 1 1 1 0 IV k 0 i 0 00%1 1 , Comaing Feet i [ 0 CO 1 0 .,-., , 9 2-99%1 Claw Fakaa kEsakairkk 1, 0 Da [ 11 1 0 00%! k, , EE UM 1 100 09% I ) 4.587 CO 1 OW 1 100 041%1 I 1 Oakak 'h&c. Maakkkka 251 .7.2 k_ 24.023 1:43 r 24 372 d .97108%4 i 1 50065531 wrakk .: 113 ti4%.4 I- 5. MI- - utubtrovoi Meal Rale Tiaa al a 5 70 r F -1-.4.g SCUMS DADS 051 055 . &M00 Padded Psug Income Other Funds Msate OMer Funds -14entE:wbre, Meals I Purposed 1 4741 4.1d7 4554t Loud Funds t. %mural Match Other Sources 5 Ohm Mumma 6 Meals arT_Fortators 5ourosa _ — Provider Total bled CurtorsjLeet Maas Variance 1ProvIder Total Bifidoted Congregate Meals - Taal Ideals by nurnang Secorce1 1 97191 1 97191 111 Estimated Number of Manna, Educate:ma Untla AAA Chao% 141111105 641111505 Boustut - 055Clkaass Ceittenated Coal pa (inn 1374 4510 Caudated Pots 4, 000000 515 300503 04 ' Mari' Calcsdated Units 5.59500Meats Calol ciated Liras -ii 32 99 271u1 5350 Meals ' Caudated Undo 3 22168 3 6,8114; Prtateou Irleals ' Calculaled Units Musts ' Calculated Mats Explanation of Variances lalarkitskk Faankko 201249 2E113 Ficlea 2013 lo 21114 Conkbaaad losileasens,E1 21126% 1 An explanation 01 vanance 11l1fl 61.8 pros" for each cola area Mere the es pumps per ;mom. tGeneral Ledger vanes from the mpprented budget for the meet mood comploted veer by 15% 2. An explanaliero el mamas musl be providad6leach cosi wee ehare progrobed [budget amount mama% the prior year modal ernouni by mom Man Me bto year cumbined vinItatice factor abocation FY14 Audd - Budgeted for expense lhat tem not change b deportment in F1'12 but should have been_ FYI2 Other Misc.. MIS dunes elocaled were WI clumped b Meal Progreso,- only charged b Center Op. (Genera Fund). Uniforms pee charged mother gong I yea FY 14 Other blew. allocation lamella vras adapted rah edabonal expenses charged le !Centre opeoeberes FY 14 kiddie, uniforms that eal be purchased, mono, computer eget. limed elks equipment end nand lode and eppt and dewed supplies for meal donabons, MIS allocation Mil roam charged Mee 1155 f 105 Meals ' Caudated Units 055 5110Wm% ' Calculated Una 029385 59 T.ndFteve-nue 9111J13 1 A PM Provider Name: City of Corpus Christi AAA Name;, Area Agency on Aging of the Coastal Bend Congregate Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1. Total Budgeted Expenses for Contract Year 1. $ 679,497.28 2 ToW Number of Anticipated Meals to be Provided by Funding Source Other Funds DADS A&[AAA 47,249 Eltiglble Meals 45,942 Other Sources 5 0 Other Funds- Non-Etig,ible Program Income 4„000 Meals 0 Other Sources 6 0 2. 97,191 3. Who'*Unit Rate (Line 1 divided by Line 2) 3. $ 6.99 Reimbursement Calculation DADS A8!AAA 4, Projected NSIP per Meal Value 0.69 5, Rate Less NSIP per Mea!Value $ 6.30 6. Mandatory Local Match of 10% S 063 ” If Applicable,Match Reductiion From the In-kind Match Certification form $ Required Cash Match $ 0.63 7, Proposed Meal Rate(Line 3 minus Line 6) $ 6.36 , If any port'on of the required match is in-kind,you must complete an In-Kind Match Certirxcabon form. By signing below„the provider acknowledges that all related records are subject to audit in accordance with contract requ*ements and all applicable federal and state'aws. City of Corpus Chrisli Michael Morris,Director Legal Name of Contracted Provider Printed/Typed Name of Signer r �lz!/ Signature Dale Area Agency an Aging of_the Coastal Bend Name of Area Agency on Aging .To/,(,/ / Xi"r C A- Printed[Typed Name of Signer Signature Date 9111113 1:49 PM Provider Name: City of Corpus Christi AAA Name: Area Agency on Aging of the Coastal Bend Congregate Meals BUDGET NVORKSIIEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief, this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor,the owner must sign the Budget Worksheet Certification. If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation,the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore, falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Name of Contracted Prodder Printedrry ped Name or Signer 4�rz�i3 Date Signatu e Signer Authority: El Sole Proprietor ^m""t Association Officer (check one) �� U Partner � � Board Member Corporate Officer Governmental Official 9111173 1°49 PM AAA Name: Area Agency on Aging of the Coastal Bend Congt•egate Meals I\-KIND \IATCII CERTIFIC,ITION Provider: City of Corpus Christi In-kind Contribution(s): $0 For any item identified below,you must maintain support documentation. ITEM DATE OF RECEIPT VALUE TOTAL $0 Note: All contributions must meet the requirements of IRS Publication 561 httu: ti4uu.6r5.co�Fapuab irs-pdfeg561.pdf Examples of Documentation Include°, Rent! 1. Letter of Agreement with Oumer 2. Adequate Valuation of Property on a Current Basis(this should be reviewed at least every two years and if senior center„based on property value and center particiipation) Labor:. L Minimum wage 2- Documented prevailing wage in the Area. For prevailing wage information visit;the Texas Workforce Commission's website at huugj All in-kind labor must be required for the service to be provided. If you would not hire someone to perform the labor if it were nq.m in-kind then you cannot count it. Utilities; 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name of Contracted Provider Printed/Typed Name of Signer Date Sig nture LalAssistance Pvcreickot ram.. r ., -L Name- Pew wj a:asa1- _ Review of Most Recent Completed Year Approved Bud et la Actual Year End Expense and Current Proposed Bud Proposed Budget = Explanation of Variances Most Recent Completed Budget Year 2012 Cml Arm 0e -gage dam %rsx Veer FeiLe4 n _ 11 Ad es plawkeliacl ei variants We pd Hca Serle cosi woe %IMO d1e (Omani Lkons dres appeovad bAssigWtae the 68,01t molt completed pew ty1 11. Nene 2 AR explenekonS1 keneoce must be peoadd Ho kAch cosi ems lerrentee elEeeee the FON leas acktel atiscaad Nee. thie lams FY 12 -VAleaffeDeclanMciaise akocklem pea ----.c en tne -....Seem _---------Sim 1 t 1 ---. • e 0 H1• '14 7e M 1.3110 - 12Y100 9431%' 0 MEI 1 FY 12 dd not hely• d [planned aannpt. sod 04 001 - (Q 0.a3 dMl 0 1200 6n07 1300 0 DJ • e CO 4 d 1 O CON eVrh.1 cam - :I - 2v<h 001.4% -90 Mt.C., 23.0€% FYI= -Leaifetkaree duple Cocoa: 0 ra- r so tea Conics -Omani! Gra•%. Y12 FY 9e4 k� tweaksleramcwoled r cepesmeal marl roe EON O 1 0 WW1 a H p1€re1€a a 1111 [ 0M. 0 Mk 0f-41 toh p1 PMI 0 0 MI 0 iri 1 10, MN e cciE 1 OW--% 1: --- CO 1w 13 --.-. m1 ceasi • l a 1 5=1 d MI tea MI 1 FY 1 a-.000414 smadeto .., t.na, deemed i Candsappo '.F ase mode emordslefy U.+ armaaskmed satmastfl. bt FY 13 FY 12 a -.- - die n lack of mama* lamed by 0111, also came 1 lferrbe FY14 Weage. amaze .nig .;alwas adpusted to relied d. P:11.0 years 222%, 10] 1 1;%1 31x2 DI- 1230%1 C. •0O03%1 d 1 17 -MI -M95% 40 M 28%1 0 rkik4 - 0 ,1 acoAl 0 iM rcEr EmE 0 • .- 712 CO( Poi' [ 0111 :30==14' 0Eiwi 0MN FY 12 Adv t. ..Igl.ly t.rde,&door FY14 .uala rue•;• due n relation re. panni FY 12 Among - dgMy under budget; FY 14 sight iNetorrry Yvelea FY 12 wPleq • Car dirges to among net bray charged to HOM program. FY14 . b ooppg [expenses es hen bear charged hi/molly FY 12 end n drapes Id office supplies caused leve&_ FY14 per,• Supplies Ynamsed . •-t due b we aldad •strode tor FY 13 111 Y12 Postage - tad.spee budget FY14 ° x -� a rapine Wised postage nuns. end [dew rase b FY 13 fidget. FY 14 Telephone - badgered tread on FY 13, Slue... es [eeomon- FY14 Aide - ad to elpense that res nem chem. to depalrerere h FY12 but ]should haw been. FY12 Der. lir:, - MLS doves a1xeled were nal charged lo Heel ]Program orgy chopped b Center bps IGemeral Fund). Urlolms.ae charged another gnarl [year FY 14 Otter Mae rlbraten lormin was adpeted web eddtbrml expenses charged Et [Center operations. FY t4 imitates laiumsgol .il Ir pec0sad, mild campia sup.. Im:m, olfl. egtepreeM and r rte. and top. aro loots adepose rgpfas la mwol donelpei WS aeoeauan to red be ri.rgd hie. LegalAssistance Revlow of Most Recent Completed Year Aiproved Budget to Actual Year End Expanse and Current Prosed Bud Proposed Budget _ Eaplanaaon of Variances V666606 I E B al t per General em! = Pal e L vet 61 _- - 'elVu a27to . tar .976Y lairdd Coal Sem- a — 2ar.9e 7 ifta® 33,270.05. 1553% t75,7.9 . _ .22,31roe% 5906-365 _44._ _ _ -37.38 Preneage Valence- Penn Year Acme' to gal ltri Cos! TMal Number One Wort Mole Cost T - o afE TL u 'RiT 2d7 SOLVE® DASYS AtI �10%kylshC ed RADS Alt AAA • 2S % klatch '>: Lured RAPS Ail AAA = Fu lied Rau Lo'-Fi__._._. Tim L_ --X was -ed Math NM_ [Celeuined Rate Revenue 11.020 92 WWI Funds •R 25% - Other &SWUM _het Solaces 7 011.ace-0 Ota on* FunAm*# 5oix04 292 alaIRTertenuec 4024425 ted Cosh Llnf 00ee lash- asam 2012 2031 sora o 7043 ka 2034 -O%9 hki34&9 1. An erplanaeOn OF eanarece must be ooeded for each coal area Mule the eyrerss per _General Ledger miss From dee approved budget Io the most recent completed year by 1I1% re more. 2 An esplanemn of Armee mum. be p. prided for Goch mal area where the propmred budget moue exceeds the pall year ashlar Arnaud by more time the Me yam lacier 9111113 112 PM Provider Name: City of Corpus Christi AAA Name Area Agency on Aging of the Coastal Bend LegalAssistance BUDGET WORKSHEET CALCULATION OF THE UNIT RATE 17otall Budgeted Expenses for Contract Year 1. S 16,24300 2,Total Number of Anticipated Units to be Provided DADS A&I AAA-10% Program Match Required 267 Income 0 Other Sources 6 a DADS A&I AAA-25% Local Funds- Match Required 0 Eligible Trips 0 Other Sources 7 0 Other Funds- DADS A&I AAA-Full Unit Non-Eligible Rate 0 Trips 0 Other Sources 8 0 2. 267 3 Cost per unit(Line I divided by Line 2)-Full Unit Rate 3. $ 60-84 Reimbursement Calculation for Contracts Requiring Unit Rate Match Reduction 4,Mandatory Local Match of 10% 6,08 If Applicable,Match Reduction From the In-kind Match Certification form $ Required Match 4. S 608 5 Full Unit Rate Less Required Match(Line 3 minus Line 1 5. $ 54,76 4, Mandatory Local Match of 25%® 5 15.21 — If Applicable,Match Reduction From the In-kind Match Certifi cafion form S - R ui Match 4, $ 1521 5 Full Unit Rate Less Required Match(Line 3 minus Line,! 5. 4563_ ­If any portion of the required match Is In-kind,you must complete an In-Kind Match Certification form Contract Reimbursed at Full Cost Per Unit Rate.Match Requirements Will Be Met Through Provision of Additional Units $ 6084 Contractor Initial AAA Initial City of Corpus Christi Area Agency an Aging of the Coastal Bend Legal Name of contracted Provider Name of Area Agency on Aging Signaft e Signature— f Michael Morris,Director Printed,rTyped Name of Signer Print /Typed Name of Signer — ; 7 A 2.//,s — -r — Date 9M1/13 1:53 PM Provider Name; City of Corpus Christi AAA Name; Area Agency on Aging of the Coastal Beni Leg,alAisistunce BUDGET NVORKSHEET CERTIFICATION AS SIGNER OF THIS BUDGET WORKSHEET,I HEREBY CERTIFY THAT: • I have read the note below and the instructions applicable to this budget worksheet. • I have reviewed this budget worksheet after its preparation. • To the best of my knowledge and belief,this budget worksheet is true, correct and complete, and was prepared in accordance with the instructions applicable to this budget worksheet. • This budget worksheet was prepared from the books and records of the contracted provider. • I acknowledge that all books and records related to this rate setting process are subject to audit in accordance with contract requirements and all applicable federal and state laws. Note: The person legally responsible for the conduct of the contracted provider must sign this Budget Worksheet Certification. If a sole proprietor,the owner must sign the Budget Worksheet Certification„ If a partnership,a partner must sign the Budget Worksheet Certification. If a corporation,the person authorized by the Board of Directors Resolution must sign the Budget Worksheet Certification. Misrepresentation of information contained in the budget worksheet may result in adverse action,up to and including contract termination. Furthermore,falsification of information in the budget worksheet may result in a referral for prosecution. City of Corpus Christi Michael Morris,Director Name of Contracted Provider Printed/Typed Name of Signer Vlab-1 M" Date Z natur Signer Authority. Sole Proprietor Association Officer (checkone) 11 Partner Board Member Corporate Officer it Cavernmenial Official 9111/13 1:53 PM AAA Name: Area Agency on Aging of the Coastal Bend Legal,A,ssistancc en lN_KlNnm,k,rciI CLRI'mcATION' Provider: City of Carpus Christi In-kind Contribution(s): $0 For any item identified below,you must maintain Support documentation. ITEM DATE OF RECEIPT VALUE ------------- TOTAL $o Note: All contributions must meet the requirements of IRS Publication 561 u b i rs- d�F5 6 1�, d F Examples of Documentation Include: Rent: 1. Letter of Agreement with Owner 2• Adequate Valuation of Property on a Current Basis(this should be reviewed at least every two years and if senior center,based on property value and center participation) Labor: 1. Minimum wage 2• Documented prevailing wage in the Area.For prevailing wage information visit the Texas Workforce Commission's website at V up� All in-kind labor must be required for the service to be provided. if you would not hire someone to perform the labor if it were not in-kind then you cannot count it. Utilities: 1. Copy of Bill 2. Agreement of Amount Paid if Partial City of Corpus Christi Michael Morris,Director Name of Contracted Provider PrintedlTyped Name of Signer Date sign tore .h........ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW 11111100=111, September 12,2013 Y of ICIO113US Area Agency on Aging of the Coastal Bend •Chr isti Attention: Betty Lamb P. 0. Box 9909 Corpus Christi, Texas 78469-9909 LEVAL DEPARTMENT .....................I ................................- Dear Ms Lamb: 1,110 Box 9277 CorPLB Chrisid The City of Corpus Christi is a self insured public entity as allowed by the State of Texas 784619-9277 Texas for General Liability,Auto Liability, and Workers' Compensation. Liability Phoii°ic W-8]26-3360 limits are established by the Texas Tort Claims Act. The City of Corpus Christi's Fw�361-826­3239 liability under the Act is limited. Under the Act, liability in cases of personal injuries or death is limited to a maximum amount of $250,000 per person and Aluniripa(Court $500,000 for each single occurrence. prosm::-ulor s,Office p 210 N.Ghapw,ral The Risk Liability Fund is fimded by the City of Corpus Christi in accordance with Corpwts('11rilis'll generally accepted accounting practices through actuarially calculated annual Temas 7 8 40 i contributions. Information regarding filing a claim with the City of Corpus Christi Phoine 561-886-253D can be obtained from the Risk Management office at City Hall, 1201 Leopard F�ax 3 6 1 886-2567 Street, s Christi, Texas 78401, or by phone at (361) 826-3680. Juvenile(..'Ourr Prosecutor T Oflice Sincerely, 61 S' Leopard'Strect Suhe 113 Com.iis(.."hristi Texas 7,84105 Phir,nic 36i,,,826- 0i4 rax,316 1 4 3 09 Donna James-Spruce Police Legal Advisor ®5 Manager 32 i John Sartain Corpus Christi Texas 784101 DJS/vlt Phic.me If-;1-886-2f.i108 Flax 3(1i..;9816 2634 1h,manReldlions, �PO Box 19277 ("'Oiqpu 13 cha isti Trxas 784169-5111277 Phone 3161-826-31,90 Fax 36 k8216-3192 ,Ri,vA-Alanagemnent 110 Box�92.77 Corpits("'1hristi Te�,,was 79469 9277 Mimic.36 1-826-31680 Fax 361-826-361!,)7 10VWw.cCtC,,mrJ,C1(RM SUMMARY OF INSURANCE COVERAGE Service Providers rntist mainta.in insurancii-.:.1 that protects I"iealth and safety r-.:)f clients and employees that comply witl,-i all state and federa.l., laws. TAC Title 40, Part I, Chap-ter 84 , Rule 84 . 1 (k) . Detail your insurance coverage as indicated: CPJRRENT PERI()D TYPE CARRIER OF COVERAGE FIRE & CASUALTY DESCRIPTION OF COVE RAG WORKMEN' S COMP DESCRIPTION OF COVERAGE: .............................................................................................................................. ............................ GENERAL LIABILITY DES('..RIPTIO1,4 OF COVERAGE: BONDING ------------------------- ------ 'Vehicles c] assified as soc.i.a.]... serv.:-.1 ces agency auto-m.obiles rT.t,ust prov.:]�..de at.1to instirance as reqtiired :,1n the Trans port at i3O 1"l Service Sta.1ridards . T.A(',. Ru.1.e 84 . 3 (1) Detail you.,.[ auto insurance coverage as ind Lcated. C(JRRENT PERIOD ARRIER 01'�" COVERAGE DESCR.'FPT'1FO]'�,4 017 COV.172AGE ........................................................................;;................................;;.............................................................................................................................. ........................................................... L I AB I L I'17 Y COLLISION & COMPREHENSIVE: ............... ............................ PROPERTY DAMAGE; .................................................................................................................................................................. DO NOT ATTACH POLICIES Written Plan for Emergencies FY14 Update a) Please review your written plan for emergencies submitted with your original FY2O11 Contract, or FY2O11 Vendor Agreement, as applicable. If there are any changes or updates to that plan, please attach the updated version. b) If there are no changes, please check off this box ❑ c) At a minimum, please update the `Emergency Contact' form below. Please give your cell phone numbers as well; these numbers will not be used except in a case of emergency. Elsa Munoz Superintendent, Senior (361)826-3145 (361)81547814 elsam@cclexas.com Community Services Lisa Oliver Supervisor, Senior (361)826-3132 (361)947-3594 lisao @cctexas,com Services Connie Reschman (Nutrition Coordinator (361)826-4123 (361)290.0015 coMiere CCtexas. com .-, ,., ,......... -.....mm . ... .... . , mmm -- -,-,-. ....... ....... w,,, EMERGENCY PREEARDNESS ELAN City of Corpus Christi Parks and Recreation Senior Community Services NUTRITION EDUCATION AND SERVICE CENTER (NESC) 4101 A Old Brownsville Road Corpus Christi, Texas 78405-3556 361-826-4120 (Located at Del Mar College West Campus) CITY OF CORPUS CHRISTI PARK & RECREATION DEPARTMENT SENIOR COMMUNITY SERVICES DIVISION HURRICANE SUPPLIES for the Nutrition Education and Service Center Located In Hall in front of Men's Room FOR QUESTIONS OR CONCERNS CONTACT CITY OF CORPUS CHRISTI SENIOR COMMUNITY SERVICES ADMINISTRATION OFFICE AT 826-3150 NESC STAFF RESPONSIBILITIES Nutrition Services Program Coordinator_mm Connie Reschman Supervises staff assigned to the Nutrition Education Service Center. Assists with coordinating the division's Emergency Preparedness Plan„ Responsible for the coordination and implementation of the Emergency Preparedness Plan for the ENP Home Delivered Meal Program and internal food operations for the EOC and provide food/beverage for designated evacuation staging areas. Assigned will report to the City's Emergency Operations Center(EOC) to provide support and assistance as assigned.. Shelf Stable meals will be ordered at the beginning of each Hurricane Season and stored with vendor as per standing agreement. NESC Kitchen Supervisor- Bobby Salinas, Interim Assists the Nutrition Coordinator in the implementation of the site specific (NESC) Emergency Preparedness Plan. Provides support to the Nutrition Services Program Coordinator for the coordination and implementation of the Emergency Preparedness Plan for the ENP Home Delivered Meal Program and internal food operations for the EOC. Cook-- Monica Jones (Temp.) Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee is to assist in turning off all gas and electric cooking appliances, turn off all air conditioning units and securing Mechanical Room #120. Cook - Andy Salinas Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee will insure that dry food products in storage are off of the floor, lights out and dry storage room door is closed. Cook --Althea Flowers Employee will be assigned to the internal food operations for the EOC and assist in providing food/beverage/snacks for the designated evacuation staging areas. Employee will insure that items in the Paper and Chemical storage room are off of the floor, lights are out and storage room door is closed. Trades HeIper (Vacant) Employee will assist in the Kitchen area and will insure dry food products in the storage are off of the floor, lights are out and dry storage room door is closed. Employee will insure that all items in the Paper and Chemical storage room are off of the floor, lights are out and storage room door is closed. Sr.Account Clerk—Alma Roberts Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area and in Office Room#114. Staff Assistant -m Stephanie Salinas Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area and in Office Room #112. Title XX Accounting Technician—Lena Herrera Employee will secure items as identified on the Office Checklist for the NESC Administrative Office Area in Room #112-Meeting Room. Laborer— Ruben Rojas Employee will relocate Vehicle#2912 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and/or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. Laborer-Andrea Mayo Employee will relocate Vehicle#838 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and /or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. Laborer- Ronald Johnson (Temp.) Employee will relocate Vehicle#825 to MOW Driveway; Close and Lock all Doors. Employee will assist in kitchen area as needed and/or the staff office rooms. Employee will be assigned to the internal food operations for the EOC. POST-EMERGENCY NESC STAFF RESPONSIBILITIES Upon reporting to work following an emergency all staff will assess damage; assist with clean up; test kitchen equipment; identify damages and report findings. Normal meal production operations will commence as soon as practical, Post emergency Shelf stable meals will be delivered (for up to an additional three days) to Home Delivered meal clients and/or a designated congregate meal site. Page 2 of 2 NUTRITION EDUCATION AND SERVICE CENTER (NESC) EMERGENCY PREPAREDNESS PLAN There will be a designated team to prepare and secure the NESC according to the Checklist. Team Captain: Connie Reschman Staff: Bobby Salinas Monica Jones(Temp.) Andy Salinas Althea Flowers Ruben Rojas Andrea Mayo Ronald Johnson(Temp.) Stephanie Salinas Lena Herrera Alma Roberts After securing the NESC staff will be given instructions in providing support to Senior Centers, Evacuation Support or other EOC support assignments. CHECKLIST: Office Room#114,#112 and Staff Office Area 1. Make sure all computers are downloaded if necessary. 2. Turn off and unplug all electrical appliances (calculators, computer, copy machine, etc.). 3. Move all loose items from the floor onto desks. .................................................................................. 4. Cover all desks with plastic. 5. Move contents of lower shelves of bookcases in all offices to the top shelf and cover with plastic. 6. Move contents of bottom file drawers to top of file cabinet. Cover with plastic. ....................... 7. Store all adding machines and any other small equipment in desk drawers. 8. Turn off, unplug and cover Copy machine with plastic. Page 1 of 2 NUTRITION EDUCATION AND SERVICE CENTER(NESC) EMERGENCY PREPAREDNESS PLAN. cont'd. CHECKLIST: Kitchen Area ---------------- 9. Turn off all gas and electrical cooking appliances. 10. Secure dry food storage area, items off of floor, lights out, and door closed. 11. Secure dry paper and chemical storage area, items off floor, lights out, and door closed. 12. Turn off and unplug Oliver machine. 13. Turn off all lights, set alarm, and shut door. General Area 14. Close all exterior doors. 15. Turn off all air-conditioning units. Mechanical Room#120 16. Turn off hot water heater. 17. Check that roof hatch is closed and latched shut and locked. 18. Make sure everything is picked up off the floor. 19. Close and secure door. Wash Basin Area Outside - 20. Take all mops, brooms, chairs, ash can, garbage cans, milk crates and/or bread trays and move inside building. Wash basin area and dock area should be free of any objects. NESC: Two Emergency Preparedness Scenarios Scenario#1: Team assignments during NORMAL WORKING HOURS. Staff on duty at the NESC will secure the premises according to the Checklist. Scenario#2: Team assignments during evening, weekend, or holidays. Staff will report to the SCS Administrative Office at City Hall for Assignment Each team of up to five staff is responsible for the implementation of Emergency Preparedness awareness that all facilities have been properly secured in accordance with standards outlined in the supplement to the Emergency Preparedness Plan. Page 2 of 2 DIVISION STAFF RESPONSIBILITIES SUPERINTENDENT OF SENIOR COMMUNITY SERVICES- Elsa Munoz Responsible for the coordination and staffing of evacuation of General Population and Functional and Access Needs Citizens and serves as Incident Command of the City's Evacuation Operations at the Corpus Christi Natatorium. Oversee all storm readiness preparations for Senior Community Services facilities. Coordinates assignment reviews for SCS staff as appropriate to weather conditions, Employee will report to the City's Emergency Operations Center(EOC) to provide support and assistance in coordinating internal food operations for EOC staff. SENIOR SERVICES SUPERVISOR- Lisa Oliver Responsible for the General Population and Functional and Access Needs Citizens Evacuation Operations and serves as Facility Manager of the City's Evacuation Operations at the Corpus Christi Natatorium. Oversee and coordinates the hurricane preparedness plan implementation for all senior centers„ Conducts staff notification and assignment reviews for SCS staff as appropriate to weather conditions. Responsible for insuring that all centers are properly secured and that the senior center staff assignments have been completed. Employee also provides EOC support to address concerns and issues affecting elderly residents in the community, NUTRITION COORDINATOR- Connie Reschman Employee is responsible for overseeing the Nutrition Education and Service Center(NESC)and assisting with the implementation of the Home Delivered Meal Emergency Preparedness Awareness Plan. Oversees notification protocols for all HDM clients and communicates evacuation needs as warranted. Coordinates all internal food operations for EOC staff and provide food/beverage for designated evacuation staging areas. NESC PHONE BANK- Administrative support staff(Lena Herrera, Alma Roberts, Stephanie Salinas) are responsible for calling all HDM clients to verify evacuation needs and ascertain status. Employees may be assigned to assist with the City's Hurricane Evacuation Operations after all homebound clients have been contacted. SENIOR CENTER SUPERVISORS Oveal Williams Carla Garcia(Temp.) Northwest Tammy Rodriguez (Temp.) Ethel Eyerly Deborah Henry Zavala Kathy Almaguer Broadmoor Lisa Vargas Lindale Evila Salinas Greenwood Sonia Garza Garden Ninfa Chavera Supervisors are responsible for the implementation of the Emergency Preparedness Plan for their respective facilities. Staff will insure that all facilities have been properly secured in accordance with standards outlined in the Supplement to Emergency Preparedness Plan. Retail Foo"d' 'E' 'st'ab"11slimelpt Insp'e'eflon-Report Page I of 2 Date C. T. Permit i e I i t of F d anager #of Food Handier I-- ---Permits Permlts Purpose of Inspection; I-Compliance -"Routine 3-Field Investigation 4-Visit 5-Other Establis hment Owner: Physical Address; 2" —----- ZIP. Ph.M Out------ COS Food Tempera—tureJ/Time Requirements —5 Pts ----- Violations Require Immediate Corrective-Action Remarks L Proper Cooling-for Cooke rep Food 2.Cold Hold(41 degrees Fahrenheit/45 degrees Fahrenheit) -----—------ Item/Loca 'on/Tern ----- —---- Ju—t-------- Co Personnel/Handling/Source Reqniretnents——----—---- 4 Pts Vial do D.——-Immediate Corrective Action Remarks 6.Personnel with Infections Restricted/Excluded 7 P—n-r/AqEguatHandwashini 8.Good H rienic Practices —----- �E��Iil 9.A roved Rnlmc ofr --- 10.Sound Condition ------- IL t Foods 12. oked Fo�ods/Otber _�—-------- 13 s/Tunc as Public Health Con l% — 14.­ e cient Ca ac of a=n Cold Under Pressure Out COS ciii i a lre ents - Pis Vialations D--.-'re Immediate Correction,Not To Exceed I s Remarks 15,Faninment A 16.Handwash 17.Handwash Fa ------- 8.No Evidence 19.No Evidence er ima s I ­:_ rb-- Labeled/Stored/Used ------- 21. ellMechanicRal ----- LMWLarewash Sanitizin ­ --------- 22,Mana__ r%-- --on of Kn2ow1kdRe/qcrtific 23,A roved Sew _teter is ial S stem 24.Tbermorneters Provide d/Accura t o rI Cali do enheit} 25. air 26.Is uffet Mate) 27.-- -—------- ubtatal --- Other Violations - Require Corrective Action,Not to Exceed 90 Days or the Next Inspe------- cd.on, WWchcvcr Comes First 4 pt 3 pt TU 7—-------- Ins ted Rv: Print., Ph.N., FOLLOW Up e N-0, s/,,' ' j Received bv-- V ------ Print., Tifle, —-—------- US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of April 8, 2014 xg Second Reading for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a_cctexas.com 361-826-3494 Texans Feeding Texans Grant Award for the Home Delivered Meal Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services —Texans Feeding Texans. PURPOSE: Appropriate grant funds to supplement the Elderly Nutrition Program Home Delivered Meals Program. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. Additional grant opportunities are also sought to expand program operations and fund special initiatives. This grant does not require any City match funding. The Texans Department of Agriculture Texans Feeding Texans Program provides state funding to directly supplement or extend meal services to homebound persons that are elderly or disabled. The Senior Community Services, Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. Funding for this program is contingent on an approved resolution through the county in which meals are served. The Nueces County Commissioners Court approved a resolution to authorize the City of Corpus Christi's application for FY 2014 funding. The City of Corpus Christi's grant allocation was to be determined by census data for elderly living in Nueces County as included in the grant application submitted by Nueces County. Last year's funding for this grant was $140,220.79. The Texans Feeding Texans Program provides funds to supplement the food and food supply budget and supports one full time staff position dedicated to the Home Delivered Meal Program. ALTERNATIVES: Do not accept the grant. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Accounting, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 62,142.63 62,142.63 BALANCE 62,142.63 62,142.63 Fund(s): Parks & Recreation Grant Fund 1067 Comments: There is no required city match for this grant. RECOMMENDATION: Staff recommends approval as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services — Texans Feeding Texans. 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 and appropriate a $62,142.63 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2014 Senior Community Services—Texans Feeding Texans. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor TEXAS DEPAR I MEN"I"' OF A�('."'I'R,.".1',C',LJ'LTL',�"'RE TODD STAPLES COMMISSIONER Date: January 3, 2014 To: 2014 Home Delivered Meal Provider From- Karen Reichek,Grants Coordinator Re: Texans Feeding Texans: Home-Delivered Meal Grant Program Agreement The Texas Department of Agriculture(TDA) is pleased to inform you that your 2014 application to the Texans Feeding Texans: Home-Delivered Meal Grant Program has been approved. Acceptance of this grant is conditional upon the completion and return of the enclosed Grant Agreement ("Agreement"). Carefully review the Agreement to determine whether your agency can meet the conditions. The Agreement includes a budget form that must also be completed and returned. The budget should indicate how the organization intends to expend the 2014 grant funds. While we urge you to represent your budget as accurately as possible,there are mechanisms described in the agreement, Attachment B, Section 4; to revise the budget during the grant year, if necessary. Please note that the grant award will be distributed in two installments; once in February and the remaining funds in August. Grant funds must be used to directly supplement or extend existing meal services to homebound persons that are elderly and/or have a disability. Grant funds may not be used for the purchase of capital assets, which would include any equipment valued at$5,000 or more. In order for TDA to monitor the expenditure of grant funds,you will be required to provide Quarterly Grant Spending Reports. It is important to know that the Quarterly Reports will require you to detail how TDA grant funds are spent. Please sign Agreement and attachments and return ALL DOCUMENTS by close of business, Physical Address: Mailing Address: Ms. Mindy Fryer, Grants Specialist Ms. Mindy Fryer,Grants Specialist Texas Department of Agriculture Texas Department of Agriculture 1700 North Congress Avenue P.O. Box 12847 Austin,Texas 78701 Austin,Texas 78711 A copy oft a fully executed Agreement will then be returned to you for your records. If TDA does not receive your signed Agreement by the due date,your initial grant payment will he delayed. If you have any questions please contact Ms. Mindy Fryer at(512)463-6908 or by email at Grants@TexasAgriculture.gov. O. Box 12847 Ausdn,'Fexas 78711 (512)463-7476 rax. (888) 223-8861 www.1'ex2sAgriculture.gov TEXAS DEPARTMENT OF AGRICULTURE Ex, GRANT AGREEMENT C(Dp)r ToODSTAPLES COMM15,�TMER Grant Agreement Number �Xnaount of Grant Funds 1 DM-14-1210 $62,142.63 Period of PerformanceiTerin of Agreement AnIoUnt of,Matching Funds From: 02/01/2014 To: 01/31/2015 $ 0.00 Grant Program- Type Texans Feeding Texans: Home-Delivered Meal State®General Revenue Grant r o ram Project Title: 2014 Texans Feeding Texan Home-Delivered Meal rant Program GRANTEE GRANTOR Name Name City of Corpus Christi, Parks and Recreation Dept. Texas Department of Agriculture Senior CommunitZ Services iv Physical Street Physical Street P.O. Box 9277 1700 North Congress Avenue Stephen F.Austin Build i th or cay�'Sratc/zap City/Stare/Zap Corpus Christi, TX 78469 Austin, Texas 78701 Project Manager Grants Coordinator Elsa Munoz Karen Reichek Phone Emad Phone E mail 361-826-3145 elsam@cctexas.com Phone ail Grants@TS-lasA mculture-eov 1� ......................................................................................................­­.......................................................... ................................................................................................... Authority and Purpose Chapter 12 of the Texas Agriculture Code (Codc) provides that the Grantor,shall encourage the proper development ofagricultore and mar the Grantor may enter into cooperatiVeagreemeats with local, state, federal and other governmental entities to carry out its duties Linder the Code. In accordance with Section 12,042 of the'rexas Agriculture Code,funds liave been appropriated to the Grantor to help defray the costs of providing[iome,dchvcred meals that are not fially funded by the Department of Aging and Disability Senices or an area agency on its tip;, .................I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I................. ............................................................................................­�...°,,,,,,,,,.,,,,........I,,,,.,.,............... .................. . .................................................................................................................................................................................................................................lase'W„„..w..... ............................................................................................... .............. equired Attachkrticnr E-Allowableand Non-Allowahle Expenses,�qpp&able ment A ,-kward Specific Provisions tn r F W,9 For .ktrachincrat B,�.-Standard Terms and Conditions .Artachment C­,Approved.Grant proposal and Budget Attachment D Certification and Assurances ..............­ ....................................................................................................................................................................................................................................................................... All required aitachmentsare incorporated into this grant agreementas if fullyset forth harem. Except as specifics By, provided othenvise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall I)e b r a mendment in wrung .and executed by both parnes t o t his Agreement or as othen-vise provided. Such ,amendments shall not invalidate this ag.reenicair,nor relieve or release the Grantor or the Grantee from its obla ations under thi reemem. ­.....'�............................................................................................................................................................­­...................... ..........................................................................................................................8..........................................................................................1��k .................................................................... .................................................................................°,,.............................................................................................................................................................................­.............7--­­..................................... a__________........................................................................................­'�...................................... Authorized Signatory. Each person signmg the Agreement certifies that lie or she is authorized by die Grantor or Grantee to bind the parry on whose behalf they ire signing to the terms and conditions in the kgreement, is executed In the Parries in,thei,r canacrues is stated bclow,, ............ ....................................................................................... ............................................................................ Grantee .............. ................ i �iachll Morris,Director( DeEME�2!Mssi ne Dom-DeBern, 0 r ........................................-—----- ...„W_._._ ........ Date Date kill 93J L J1 ............ ....................................................... .................................................................................... ................. ................................................................................................ ......................................................................................................... Award Agreement#HDM.14-1210 TDA—City of Corpus(hristi!,Parks and Recreation Dept 5e6or Cornri►u►ty Services Di1v P ag,e I of I Texas Department of Agriculture Attachment A—Award Specific Provisions I Program Purpose and Grant 1.1 This Agreement is for the Texans Feeding Texans: Home,,Dehvered Meal Grant Program ('Program") to distribute grant funds to eligible organizations that provide horrie-delivered meals to homebound persons who are elderly and/or have a disability. 1.2 Grantee has applied for a grant from the Program and has met all requirements for receiving the Grant. 1.3 Grant Budget. Grantee shall provide a detailed budget for the year, attached hereto as "Attachment C", not to exceed a total of$62,142.63 for all awards granted for the Term of the Agreement, signed by the Grantee, using the budget categories by which Grantee shall be submitting Quarterly Report information. 2 Grantee Obligations 2.1 Payment Schedule, The Grantor shall make a grant award not latter than February I to Grantee. Fifty percent ( c'o'o), of grant funds awarded shall be allocated and distributed to Grantee on or before February 1. The remaining fifty percent (50%) of such grant award shall be allocated and 's `bated to Grantee on or before August 1. Notwittistanding any other provision of this subchapter, the Department may deny, revoke, suspend, or withhold a ant award for misuse of grant funds, or failure to comply with any requirement of Tex-is Administrative Code Tide 4,Part 1, Chapter 1, Subchapter 0,Sections 1.950 et seq. 2.2 Performance by Grantee. Grantee shall use Grant M' accordance with the terms of this Agreement and 1'exas Administrative Code Tide 4, Part 1, Chapter 1,Subchapter 0, Sections 1.950 et se q. 2.3 Non expended Grant f,unds. Grantee understands and acknowledges that grant funds at are not expended by Grantee prior to the end of the Term of Agreement, includingany authorized extensions, must be returned to the Grantor. Failure to remit unused funds may result in legal action against Grantee, including,without limitation, making Grantee ineligible for future Program funds. 2.4 Grantee's Menu and Substitution Procedure. Grantee shall have all menus and meat substitution procedures approved by a registered dietician or a person with a bachelor's degree (or higher) in loo d and nutrition, dietetics, or food service management,who is currently employedas a dietitian or dietary consahant in a hospital, nursing facility, school, home-delivered meal organization, or in private practice. Grantee shall maintain documentation of such approval. 2.5 Grantee Meal Delivery and Temperature Standards and Procedures. Grantee shall m-untain policies to ensure comphance with meal temperature standards and the Program's four-hour delivery requirement at each meal preparation location. Grantee shall, also maintain records demonstrating compliance with Grantee's policies. If Grantee does not comply with meal temperature standards and ffic four-hour delivery requirement due to exceptional circumstances, the Grantee should seek a nritten waiver from Grantor as soon as practicable follo-,ving the ?ccurrence of the exceptional event or circumstances. If Grantee Eus to comply wittrth' Program's ibur'h6iir delivery requirement, Grantee will be required to implement corrective action, as determined bv, TD,:k, prior to applying for future funds. Award Agreement NHDM-14,1210 II,of Corpus Christ',Pxrrks and Recre,)tion Dept.Senior Community Services Div Page 1 of 2 2.6 Failure to Obtain a Food Establishment Permit or Comply wid,"rexas Food Establishment Rules (TFER). If it is determined that Grantee failed to obtain a required food establishment permit, or that Grantee failed to comply with TFER, Grantor, at its sole discretion, may exercise the remedies set for in sections 6.1 and 7.1 of this Agreement, including,without limitation, termination of the Agreement and taking legal action to obtain full repayment of the Grant. 2.7 Notice of Failure to Receive County Grant. Grantee sliall promptly noti , the Grantor of any failure to receive or reduction in the amount of the county grant funds required by Texas Administrative Code Tide 4, Part 1, Chapter 1, Subchapter 0, Section 1.953 as reported by Grantee mi its application for funds under this Program. Failure of Grantee to receive, or reduction in the amount of, county grant funds may result in the withholding or revocation of a Grant or require Grantee to refund Grant funds disbursed. 2.8 Eligible Meals. The Grant is based on the number of Eligible 'Meals served by Grantee. Eligible Meals are calculated by subtracting the meals funded by the Texas Department of Agingand Disabilities and/or Area ,Lgency on Aging from the total number of meals delivered as reported by Grantee in a county between September 1, 2012 a ,kugust 31, 2013. The Grant is calculated on the remaining number of meals. For purposes of this Grant, any, meals that are not Eligible Meals are classified as Ineligible Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Ineligible Meals, Grantee will be required to repay Grantor the amount of the excess Grant funds received, on terms and conditions as may be set by Grantor. Award AgrE�ernent NIMM-144210 TDA•-City of Corpus Christi,Pavks and Reirreation Dept.SeMor Carninnuriky Services Div ipaige 2 Texas Department of Agriculture Attachment B—Terms and Conditions 1.1 Application. Grantor and Grantee (the Parties) agree to the following terms and conditions, which are applicable unless a to of the Award Specific Provisions clearly indicates otherwise. fn the event that any terms between Attachment A and Attachment B of this agreement conflict,Attachment A shall control. 2. Definitions 2.1 "Agreemene, –The Grant A eetnent ands ll attachments thereto. 2.2 "'Authorized Official" ­ Grantee's representative authorized to bind the Grantee and take action on its behalf. 2.3 "Commissionee, ­The Commissioner of Agriculture. 2.4 "Departmene'–The Texas Department of Agriculture. 2.5 "Deputy, Commissioner" ­The Deputy Commissioner of Agriculture. 2,6 "Fiscal Officer" - Grantee's designued representative responsible for all financial and budget reporting functions related to the administration of the grant, as required by the Agreement. 2.7 "Grant Coordinator" ­ Grantor's designee responsible for and authorized to coordinate the Grant Program. 2.8 "Non-Expendable Personal Property" -, Tangible personal property having a useful, life of more than one year and an acquisition cost of$5,000.00 or more per unit. 2,9 "Pr oject Manager" – Grantee's designated representative responsible for day-to-day project management and coordination. 3 Reporting Requirements. 3.1 Performance Reports. A. Quarterly Reports Required. Performance reports shall be sub fitted on a for prescribed by Grantor. These reports shall be in a narrative format, from one to three pages in length, and detail the accomplishments of the project objectives for the previous three-month period. The due dates for reports are thirty days after the end of each report period set in section 3.3. B. in Performance Report. The final report shall follow the format prescribed by the DepartmK..w.of Agti,cul cure Trade&BLIinuss DLvck iprnc nt-G,ranu, I(if 13 \tTactimcnt B—'I=5,and(;ondjion, Grantor. Tlie Final Performance Report is due thirty days after the expiradon or termination of this Agreement,whichever occurs first. 3.2 Budget Reports. A� Budget Reports. Budget Reports shall be submitted on a form prescribed by Grantor. These reports Shan detail use of grant funds spent to to and must be submitted wittlin the time prescribed by Section 33 of this Attachment B. B. Budget Report. Both the Fiscal Officer and die Project Manager must sign the Final Budget Report. The form shall detail the use of an award funds in accordance with the approved budget. I'lie Final Budget Report is due sixty days after the expiration or termination of this Agreement, whichever occurs first. Grantor Shan not reimburse any expenses incurred after the termination of this Agreement 3.3 Quarterly Reporting Periods. Quarterly reports must be submitted no later than thirty days after the end of the following reporting periods: • September I thru November 30; • December 1 thru Feb ru,-m, 28; • March 1 thru INlay 3 1; and • June I thru August 31. 3.4 Annual Inventory of Property. Grantee's Project Nlanager or Fiscal Officer shall provide to the Grantor an Annual Inventory of Grantor Non-Expendable Personal Propert,ti detailing the items' location and condition on the form prescribed by, the Grantor. 3.5 Failure to Comply %vith Reporting Requirements. Failure of Grantee to comply with any of the reporting requirements in this Agreement may result in the revocation of a Grant, withholding of request(s) for reimbursement, requiring the repayment of Grant funds disbursed to Grantee, and/or Grantee's ineligibility for future Program funds. 4 Agreement Modifications 4.1 Agreement Modifications. The Agreement cannot be changed, terminated or modified in any manner other than as provided for here` . Grantor is not obligated to approve requests for modification. 4.2 Requested Agreement Changes by Grantee. The Grantee may request changes to the -kgrcement, budget or objectives and deliverables by sub rnitting the requested change to the Grantor in writing. Exceptas othemise provided 'in the kgreement, requested changes Shan only become effective upon written approval of the Grantor. Written notice of approval or de "al of the Grantee's request will be sent to the requestor. 4.3 Time f o r Requesting Agreement Changes. The Grantee may request changes t o t he -kgreement by submitting the requested change, in a format prescribed by Grantor, including Justification for the request, to the Grant Coordinator no later than thiity days prior to the end of the Term of Ngreement. Requests for Agreement changes may be submitted for :1 cxx�Dcpartmc,ru of 1�ki!ru:iafiruriL rade.&Busincs,,;Dant+;pnwnir,-Gr"1111F Page 2 of 13 tradimmt B-, I Lrm,,and lC ondaron"; approv, A within thirty days prior to the end of the Term of Agreement, but only for good cause as determined by the Grantor based on the justification submitted with the request. The following requests shall be considered: A. Material Budgetary Changes. If a budgetary change for an amount exceeding 1V?o of the Grant Award is needed, it must include: 1) A statement explaining the need for the change;and 2) Documentation indicating the line items and amounts to be changed. B. Programmatic Change. If a programmatic change is requested, such as the scope, target, or focus of fl�ie Grant Project, the request shall include a detailed explanation and a statement for the change. C. Agreement Extension. Grantee shall submit to Grantor written request with an explanation, for an extension of the Agreement not less than thirty days prior to the end of the Term of Agreement. The explanation should demonstrate that the extension is necessary due to unforeseeable circumstances preventing completion of the Grant Project. 4.4 Budgetary Revisions. The Grantee 11S allowed to make budgetary revisions without priot approval for up to 1001110 of the grant award. The total of the revisions is a cumulative amount totaling 10% of the award. These funds may only be reallocated to eligible Fund previously approved line items, excluding indirect costs and equipment purchases. Notification of any revisions must be submitted to the Grantor 'in writing within ten business days prior to the subsequent payment request. 4.5 Grantor Amendment. Grantor may alter, amend, change, modify, revise, or supplement the terms of the Agreement by providing written notice of amendment to Grantee. Grantee's continued performance under the Agreement constitutes acceptance of Grantor's amendment. 4.6 Approved Changes Become Part of Agreement. Once approved in accordance with this Attachment, approved changes become a part of the Agreement, superseding all provisions that are inconsistent herein, 4.7 Lack of Approval for Budget Transfers. Lack of prior approval for the following will be grounds for denial of reimbursement requests for the following items: A. Budget transfers exceeding 1V o of the grant award; B. Indirect costs; and/or C, Equipment purchases. 4.8 Grantee Project Manager Change. Grantee shall notify Grantor in writing within seven days of Grantee's Project Manager separation from, or notice of intent to separate from the Ft,xa,Dupiomntot %gricWture Gonts 3 of 13 Vtachmt-rit B E,crm.,t ind(:ondm ns Grant during the Term of the Agreement. Such notice shall include the date of termination of the Project Nlanager's affiliation. 4.9 Grantor's Approval of Proposed Project Manager Change. Grantor shall review Grantee's request and provide written approval or denial of the proposed change within 10 business days after receiving such notice from Grantee. If Grantor does not approve such substitution, then the Agreement shall be temporarily suspended until an alternative Project Nianager is approved or the Agreement is terminated in accordance with Section 8.1 of this Attachment B. 4.10 Reimbursement After Project Manager Separation. Unless Grantor has approved the Project Nianager change under Section 4.9 above, Grantor will not reimburse Grantee for an), expenditure directly associated with the Project Nlanager under the Agreement that is incurred after the effective date of termination provided in the written notice under Section 4.8 above. Such expenditures include, but are not limited to the Project Manager's salary, incidentals, and/or travel. In the event of any conflict between Sections 4.10 and 8.5 of this Attachment B,Section 8.5 will prevail. 5 Compliance 5.1 Access to Records. During die Term of Agreement and for at least three years after termination of the Agreement, Grantee shall allow representatives of Grantor and/or the State Auditor's Office upon request by such, access to and die right to examine the premises, books, accounts, records, files and other papers or property belonging to or in use by Grantee and pertaining to the Agreement. Such records shall be maintained by Grantee at a location that is, readily accessible to Grantor and/or the State Auditor's Office. 5.2 Authority to Audit and Investigate. Grantee understands that acceptance of grant funds under the Agreement acts as acceptance of the authority of the State Auditor's Office, its successor agency, and a representative of the Grantor to conduct an audit or investigation in connection with such funds. Grantee further agrees to cooperate fully with the State Auditor's Office, its successor or any representative of the Grantor in the conduct of the audit or investigation,including providing all records requestedand providing the State -kuditor or any representative of the Grantor with access to any information they consider releN ant to the investigation or audit. Grantee shall ensure that the clause concerning the authority to audit funds received indirectly by any subcontractors used by Grantee and their requirement to cooperate is included in any, subcontracted awards. 5.3 Records Retention. All records under the Agreement are required to be maintained by the Grantee for three years after the expiration or termination of the Agreement, or any litigation or audit is completed, whichever is longer. 5.4 Copies of Financial Audit. If Grantee has a 6nancial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to Grantor or provide information as to where the audit report can be publicly viewed, including the audit transrMittal letter, management letter, and am schedules 'in which the Grantor's funds are included. fus as Deparrmcnr of \pncu Itu ru �vadc&Husnun;s Dcv(.4qwncT1t-Grants Pagc 4 of 13 krinchmuir B-•" L.-.rms:aNu]1( ondinow 5,5 Notification Regarding Grantee's Fiscal Officer or Authorized Individual Changes. Grantee shall immediately notify, Grantor if Grantee's Fiscal Officer or Authorized Individual leaves or otherwise changes during the'rerm of Agreement. Grantor shall not process grant payments during any period of time for which Grantee has failed to designate a Fiscal Officer or Authorized Individual. 5.6 Notification of Subcon tract/Assignsnent.Any delegation by Grantee to a third party of any of the duties and responsibilities under the Agreement shall not relieve Grantee of its responsibility to Grantor for its proper performance under the Agreement. Grantee cannot subcontract or assign any of its duties under the Agreement without advance written notice to Grantor and prior written approval of Grantor,which shall tiot be unreasonably withheld, Lack of notice may be grounds for termination of the Agreement. 6 Intellectual Property 6.1 Copies of Materials to Grantor;Non-Disclosure. The Grantee shall provide to the Grantor any Intellectual Property,information,data, conclusions,or reports as it may develop or produce as aresult of the Agreement at least thirty days prior to its publication, release,or dissemination,in any form, for Grantor's review and comment. If Grantee and Grantor agree for good cause that such materials or information should remain confidential, Grantee shall not disclose or publish any 'in formation gathered, compiled,produced, reviewed or controlled by Grantee in connection with the approved Grant Project defined in ,kttachment C. For purposes of this section,good cause includes (i) breach of the Agreement by Grantee and (ii) Grantee's failure to meet the Grant Project's objectives. The Grantee shall provide to the Grantor copies of all printed or recorded materials which describe or publicize the project,including brochures, press clippings,audio and view tapes, and photographs of sites and signs. The Grantor shall have the right to publicize the Grant Project and to use and disseminate the information, data, conclusions, articles,reports, brochures, audio and videotapes, photographs, and other items provided by Grantee. Notwithstanding any other provision in the ;kgreement, Grantee agrees that if Grantee commits a material breach of the Agreement, or if Grantor tertninates the Agreement for cause, then Grantor shall be the sole owner of any Intellectual Property created under the Ckgreement,and Grantee has no rights to said Intellectual Property whatsoever. 6.2 Reports to Grantor. If the Grantee first conceives of,actually puts into practice, discovers, invents,or produces any intellectual property during the course of its work under, the Agreement,it shall report that fact to the Grantor. 6.3 Copies of Intellectual Property Materials to Grantor. The Grantee Must SUbrmit a copy of any intellectual property materials produced as a result of the Grant Project to the Grantor at least thirty days prior to publication, release, or dissemination. 6.4 Funding Statement. All materials produced as a result of the Grant Project must include a statement that the work was funded, in whole or in part, by the Grant Program as administered by the Texas Department of Agriculture. 11',,,,as[Xpartmcnt.ofAgriculuarL 1'v.a& .1k Bustnq�s,,;L)c%t:N pment (irancs 5 of 13 W;1ChML11R B- I w=4 ind Conchdon,.; 6.5 Grantor's Rights. The Grantee may obtain governmental protection for rights in the intellectual property. However, the Grantor reserves a royalty-free, nonexclusive, perpetual and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property created or produced in whole or in part with funds received under the Agreement and for which the Grantee obtains intellectual property° rights. G. Grantee's Responsibilities. In perforn-ting work under the Agreement, the Grantee shall comply with all laws,rules, and regulations relating to intellectual property, and shall not infringe on any third party's intellectual property rights. It shall hold the Grantor harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the Grantor agamst, any claims for infringement related to its work under the Agreement. 6.7 Subcontract Provisions. The Grantee shall include provisions adequate to effectuate the purposes of Section 6 oft `s Attachment in all subcontracts under the Agreement in the course of which intellectual property, rnni T be produced or acquired. 6.8 Intellectual Property Developed with Other Funding. Nothing in Section 6 of this Attachment is intended to give the Grantor a right to any intellectual property developed with funds other than those provided by the Agreement or used as matching funds under the Agreement. 7 Payments. 7.1 Lack of Funding. The Agreement is subject to the avnilabilitV of state, federal or private funds. If such funds become unavailable during the Term of Agreement and Grantor is unable to obtain sufficient funding for the Agreement, the Agreement will be reduced or terminated. 7.2 Grantee in on Standing. Grantee understands that 'in order to be eligible for payment from Grantor, Grantee must be m good standing with the Texas Comptroller of Public Accounts. 7.3 Reimbursement. Grantor shall reimburse Grantee only for actual, reasonable and necessary expenses,in accordance with the following circulars, directives, policies and standards: A. 02\113 Circular 102, 2 CF R 215, 2 CFR 220, 2 CF R 225, and 2 CFR 230 as applicable; B. The Uniform Grant Management Standards ("L'G.NLIS"); C. As provided form' Attachment C, and to the extent the expenditure is allowable as determined by Grantor;and D. Only to the extent such expenses have been incurred bi Grantee in the fulfillment of the objectives provided for in Attachment C. 7.4 Reimbursement Documentation. Grantee shall submit to Grantor, for each Of A!,MLARMC (.AIMUS Pagc 6 of 13 kirmichnurn B [Crms And Condition, reimbursement request, a completed Payment Request and Budget Compliance Report on a for designated by Grantor,including the Following information,if applicable: A. Personnel Costs. Back-up documentation for salary/wages and fringe benefits must be provided that detail personnel time billed directly to the program, B. Travel Costs, Travel costs are allowable for transportation, lodgingand related expense items incurred by Grantee while traveling within Texas on official business directly related to the Grant Project. Reimbursement for travel is limited to the federal Domestic Per Diem Rates,which can be found on the U.S. General Services Administration (GSA) Web site. For locations not listed on the GS site, the rate will be limited to travel reimbursement rates as set by the Texas Comptroller of Public Accounts. The Grantor will address exceptions on a case-by-case basis. Copies of receipts for all expenditures, regardless of the amount, must accompany the request—including, but not limited to, airfare, lodging, transportation, incidentals, etc. A brief justification for the travel must I also be included. Meals, or any food related .terns related to travel and or per them expenses are not an allowable cost and will not be approved for reimbursement. C. Supplies and Other Operating osts. Copies of vendor invoices for purchases of 5500.00 or more and an itemized list of all invoices for purchases of less than $500.00 must accompany the Payment Request. All backup documentation, including original copies of vendor invoices, must be made available to Grantor upon request during any audit conducted at Grantee's premises under the Agreement. D. Indirect Costs. Grantoesmaximumobligation also includes 'indirect costs of up to ten percent (IV,ij) of actual costs. The inclusion of these indirect costs shall not change Grantor's maximum obligation under this Agreement. In order to be reimbursed for indirect costs, Grantee must provide an Indirect Cost Plan to Grantor for approval. 7.5 Payment Requests. Grantee must submit payment requests in a manner as prescribed by Grantor at least quarterly,with no greater frequency than monthly. 7.6 Final Payment Request. The final payment request must be received no later than sixty days following the completion of the Grant Project or after the expiration or termination of the Agreement,whichever occurs first. 7.7 Payment Schedule. In order to be eligible for reimbursement of payment request, all reporting requirements must be current. Grant funds shall be paid according to the following schedule. A. Up to 901'',�n, of the total grant award may be disbursed provided the work for which payment is requested has been completed and proper documentation to substantiate the request has been submitted pursuant to Section 7.4. B. The remaining 10",,4 may only be disbursed if the disposition of all property purchased under the Agreennent is submitted utilizing the form designated by the Grantor (if applicable)- 11':::x.;[X partmm r.or kkrirulnxn.r Grant, V,v,v '74 13 hl VEachin(Mr..B I F,..rm and(Aindinions 7.8 Payment Classification. Funds reimbursed under the Agreement must be chissified as "grants" for financial reporting purposes. 7.9 Use of Funds. Quarterly reports must demonstrate the expenditure of funds in a timely manncr, as well as corresponding progress towards Grantee's project objectives. Lack of progress will be considered a breach of this agreement and unless cured in the time prescribed by Grantor,vv' result in the termination of this agreement. 7.10 Non-expended Grant Funds. Grantee understands and acknowledges that grant funds that are not expended by Grantee prior to the end of the Term of Agreement,including any authorized extensions, shall be forfeited. 7.11 Required Repayment of Grant Funds. A. Grantor will deny any requests for reimbursement and/or require repayment of Grant funds disbursed to Grantee if 1) Grant funds are tnisused; 2) Grantee violates any term, condition or provision of this Agreement; or 3) Grantee made any misrepresentations to Grantor in obtaining this Grant. B. This provision is not excluslVe of other grounds for with holding or requiring repayment of grant funds or any other remedy, civil or crin-unal, which may be available to Grantor. 7.12 Matching Funds. Grantee is required to expend matching funds in an amount equal to or greater than the pledged match as outlined in Attachment C. Requests for reimbursement w ill only be paid after Grantee provides documented minimum expenditure of matching funds in an amount proportionate to the reimbursement request. 8 Termination of Agreement 8.1 Agreement Termination. The Agreement may be terminated at any time by mutual consent. In addition, either party may terminate the Agreement,without cause, upon thirty, days'written notice via registered or certified mail, re turn recelp t requested, to the o ther parry. Early termination of the Agreement shall not relieve Grantee from the obligation of providing final performance and budget reports regarding the expenditure of grant funds received prior to termination. If one party terminates the Agreement, pursuant to this section, then the effective date of termination is thim-days from the date that the non tern-driating party receives the notice of termination. 8.2 Immediate Termination. Any default or breach of the.Agree met, including but not ted to, Grantee's failure to meet reporting requirements for more than one quarter (does not have to be consecutive), or fulfill any other obligation under the Agreement, shall constitute cause for U'=cdiate termination of the AgreemenL Such termination is effective upon written nod cation by Grantor by mailing written notice via registered or certified mad, return receipt requested, to Grantee. The effective date of termination is three days after Grantor mails Grantee notice of termination. I(.xas DcrartmLnt trot \mculture I raJE;&Bumm�s DL%Jopm;1-nt-Grants Paw. 8 of 13 ktrachMLnr 13 , I LfMS,,)nd Conditions 83 Curable Breach. If Grantor determines that a breach by Grantee is curable, Grantor may send written notice to Grantee stating the nature of the breach. Should the breach not be cured by Grantee within thirty days from the date of the notice, the Agreement win be immediately terminated. Forbearance oft 's section or any other termination provision by Grantor shall not constitute a waiver of the breach. 8.4 Termination for Lack of Appropriate License/Permits. Grantee's failure to obtain and maintain applicable federal,state, and local licenses and permits shall constitute cause for immediate termination of the Agreement. 8.5 Reimbursement upon Termination. In the event of termination of the Agreement, Grantee shall be reimbursed for eligible, documented expenses maccordance With the ,.Agreement up to the date of termination. Expenses incurred beyond the date of iemuination will not be reimbursed,and Grantee specifically waives all rights to any further funds upon termination of the Agreement. 8.6 Effect of Expiration or Termination. Sections 3.1, 3.2, 5.1, 5.2, 5.3,5.4, 6.1,6.3, 6.4, 7.11, 8.1, 9.5, and 9.6 of this Attachment B shall survive the expiration or termination of the Agreement. Notwithstanding anything to the contrary contained in the Agreement,, termination of the Agreement shall not release or relieve either Grantor or Grantee from any liabilities or damages arising out of any breach of the representations and warranties made by it, its failure to perform any of the covenants, agreements, dudes or obligation arising under the Agreement. 9 Disposition of Property 9.1 Property Vested in Grantee. When personal property is acquired by Grantee with grant funds, tide shall be vested in Grantee, subject to the Agreement. 9.2 Personal Property Used in Accordance with the Agreement. During the Term of Agreement, such personal property shall be used in accordance with the Agreement to accomplish the public purposes served by the Grant Project. 9.3 Maintenance of Property Records. Grantee must maintain property records that include a description of the property, a serial number or other identification number, the source of property, who holds the tide, the acquisition date, and cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultiniate disposition data including the date of disposal and sale price of the property, on a form prescribed by Grantor. 9.4 Physical Inventory. A physical 'inventory of the property shall be taken and the results reconciled with the property records at least once every two years,or prior to termination of the Agreement,as applicable. 9.5 Non-Expendable Personal Property. tkfter the termination of the zkgreement, Grantee may continue to use any Non-FE,-xpendable Personal Property acquired under the Agreement ILX,V A�,i&&Business Duvelr,ap mr .:w-Grnanvi 9 ot 13 \rrachmcnt B—'Ferrns and Condirton, in the Grant Project as long as needed,whether or not the project continues to be supported by grant funds. In the alternative, Grantee may sell the property and reinvest the proceeds in the Grant Project. 9.6 Property Disposition at Project Expiration or Termination. If the Grant Project has terminated and the property is no longer being used for the purposes specified in the Grant Project, then the property must be disposed of as follows: A. If the property has a current per-unit fair market value of less than $5,000.00, Grantee may use the property for other activities without reimbursement to Grantor or sell the property and retain the proceeds. B. If the property has a current per-unit fair market value of 55,000.00 or more, Grantee may retain the property for other activities, or sell it, but shall in either case compensate Grantor for its share. 717he amount of compensation shall be computed by applying the percentage of Grantor's actual participation in the cost of the original project to the current fair market value of the property. C. If Grantee has no further need for and is unable to sell the property, Grantee shall request disposition instructions from Grantor. 9.7 Expendable Personal Property. Expendable personal property shall vest in Grantee upon acquisition. If there is a residual inventory of such property exceeding$5,000.00 in total aggregate fair market value upon completion of the Grant Project, Grantee may retain the property for other activities, or sell it, but must in either case compensate Grantor for its share. e amount of compensation shall be computed in the same manner as Non- Expendable Personal Property. If Grantee has no further need for and is unable to sell die property, Grantee shall request disposition instructions from Grantor. 10 General Terms and Conditions 10.1 Delegation to Third-Pafty. Grantee is not relieved of its dudes and obligations imposed by the Agreemenr through delegation by Grantee to a d-drd-party. 10.2 Agreement Binding. The Agreement shall be binding on and inure to the benefit of the parties and their officers, executives, administrators, legal representatives, and successors except as otherwise specified herein. Neither party may assign or transfer the Agreement without the written consent of the other party. The parties intend to be legally bound and have executed the Agreement as evidenced by their signatures on the date indicated below. The Agreement is not effective unless and until it has been si gn ed by both parties. 10.3 Grantee es ponsible for Compliance. Grantee shall be solely responsible for compliance ru `with all federal, state, and mu icipal laws, ordinances, regulations, and purchasing or contracting guidelines in the accomplishment of the Grant Project funded by the Agreement, and failure to comply with such shall constitute cause for immeiate termination of the Agreement in accordance with Section 8.2 of this Attachment. Texas Dcpartment of Agnculture Tradc&Business Devi-hopmenr Granu Page 10 of 13 Wachment B—Term.,and Condmons 10.4 Agreement does not Create Debt. The Agreement shall not be construed as creating any debt on behalf of the State of Texas, and/or Grantor in violation of Article III,Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, all obligations of the State of Texas or Grantor hereunder are subject to the availability of appropriations and authorization to pay by the Texas Legislature. 10.5 Delivery Methods. Unless specifically provided herein,,any required notice to be given by either party to the other party must be affected by personal delivery in writing or by mailing same the registered or certified mail,return receipt requested. All notices shall be addressed to the parties at the address stated in the Agreement unless a change of address has been given in the manner provided for in this section. 10.6 Inspection by Grantor. During the Term o[Agreement, Grantor may inspect Grantee's premises,nccoun ting records,property records,and other records, to monitor Grantee's performance of the work and expenditures of the grant funds. Grantor finther has the tight to make a visual inspection of any assets purchased or constructed with grant funds. 10.7 Indemnification. Grantee shall indemnify and hold harmless, to the extent allowed by the laws and Constitution of the State of Texas,Grantor,its executives, officers,agents and employees, from any and all claims, demar0s, and causes of action arising from or related to Grantee's performance under the Agreement,including reasonable attorney's fees and settlement costs incurred in defending or settling any such claims. 10.8 Grantee Not Employee of Grantor. Grantee,its employees, contractors, and/or subcontractors shall not present themselves as or be construed as employees or agents of Grantor. Neither Grantee nor Its employees have an employer-employee relationship with Grantor. 10.9 Representations and Warranties of Grantee. Grantee represents and warrants that: it has the full right and authority to enter into the Agreement and to bestow on Grantor the rights and privileges set for in the Agreement;it has obtained all necessary approvals prior to execution of die Agreement;it is in good standing with the Texas Comptroller of Public ,1lccounts, and in all other jurisdictions in which it is required to be so qualified for performance of the Agreement;and it has paid all necessary fees, and it has obtained all necessary certifications,registrations, approvals and licenses necessary to perform the ,1 eement. 10.10 Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of the State of rcxas. Exclusive venue shall lie in the District Courts of Travis County,Texas. 1,0.11 Dispute Resolution. "I'lleAgreement is subject to the dispute resolution procedures set forth in Chapter 2260 of the Texas Government Code. 10.12 Uniform Grant Management Standards. The Agreement shall comply in all respects with, the Uniform Grant Management Standards (UGNLIS),Texas Government Code, \V83.007, In 1[ Dupartmunt of,kgriculrutc Ira &Hwul Dc%ch VP al 4,fit 6ranrs llagc I I of 13 1u4c[IMLnt B Terms and(:ondaions the case of any conflicts between UGNIS and the Agreement, UGNIS shall control. 10.13 Texas Public Information Act. Grantee acknowledges that all information prolided by Grantee pursuant to the Agreement, including information and material referred to in the Agreement, attachments and/or any amendments thereto,is subject to the Texas Public Information Act, Texas Government Code, Chapter 552,and may be subject to disclosure to the public. 10.14 Headings. Captions and headings of the sections or paragraphs of the Agreement are for convenience and reference only and she not affect, modify or amplify the provisions of the Agreement, nor shall they bee Ioye to interpret or aid in the construction of the Agreement. 10.15 Severy bility. If any part of the Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion she be deemed severed from the Agreement and the remaining part she remain in full force and effect, and the parties shall promptly negotiate to replace invalid or unenforceable provisions that are essential parts of the Agreement. 10.16 Waiver. A waiver by Grantor of any provision hereunder shall not operate as a waiver of any other provision,or a continuing waiver of the same provision in the future. 10.17 Antitrust. Grantee represents and warrants that neither Grantee nor any firm, corporation, partnership, or institution represented by Grantee, or anyone acting for such firm, corporation or institution has (1) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the federal antitrust laws; or(2) communicated directly or indirectly the Proposal to any competitor or any other person engaged in such line of business during the procurement process for this grant award. 10.18 Force Majeure. Neither Grantee nor Grantor she be liable to the other for any delav in, or failure of performance,of any requirement caused by force majeure. The existence of such causes of delay or failure she extend the period of performance until after the causes of delay or failure have been removed provided the non performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are bevond die reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which,by the exercise of all reasonable due gence, such party is unable to overcome. Each pam mustmiform the othermi writing, with proof of receipt,within three (.gyp business da%s of the existence of such force majeure, or otherwise%-,�aive this right as n defense. 10.19 Buy Texas. Grantee shall purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. 10.20 Electronic and Information Resources Accessibility Standards,A,s Required by 1 IL-as DLparrrw,�fu of \gnoudirurc [radii-&Bu.incs-,Dcvk.r1q.jp!n,L:nt ('runrs PAgL 12 of 13 ktTaCIMILm B Tcrmsanid(- Nniduilons TAC Chapter 213. a. Effective September 1, 2006 state aRencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. b. If applicable,, Grantee shall provide DIR with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration ..–Buy Accessible Wizard] (http://-,v-,v%v.buy,.tccessible.gov). Vendors not listed with the ­Buy Accessible izardl or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the —Buy Accessible Wizardl or obtaining a copy, of the VPAT is located at http://%v-,v-%v.secdon508.gov/. 10.21 Confidential Information. If it is necessary for Grantee to include proprietary or otherwise confidential information in its Proposal or other submitted information,, Grantee must clearly label that proprietary or confidential information and identify the specific exception to disclosure M' the PIA. Merely making a.blanket claim the entire Propa:)Sal is protected from disclosure because it contains some proprietary information is not acceptable,and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal th.,,a are considered by Grantee to be proprietary or confidential must be clearly labeled as described below.Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PLA. Subject to the Act, Grantee may protect trade and confidential information from public release. I WAL Bwmnc,� Duwdopum nT Grants 13 ir u if 113 Vt,-4dunuot B ­ I tans and Ckjradawm; TEX As DEPAR,rrvIENT OF AGRICULTURE ATTACHMENT C-.APPROVED BUDGET Name of Grantee. City of Corpus Christi, Parks and Recreation Dept.Senior Community Services Div As previousIv stated at AnachmentA,the Grant is based on the number of Eligible Meals served by Grantee.Eligible M 7 eals-are caiculated Lai subtracting the meals funded bv DADS/AAA from the total number of meals delivered as reported by Grantee stn count% berween September 1,2012 and.;kugust 31,2011 The Giant is calculated on the rem.unmg number of meal& For purposes of this Grant,anv meals That are nor, Eligible Meals are classified as Inelignble Meals. If an audit or review of the Grant reveals that Grantee has received Grant funds based on Inclipble Meals, Grantcevnit be required to repay Grantor the amount of the excess Grant funds received,on terrors sand conditions set by Grantor. J•AF-.0 -'--BFL-Clk—V.Mease estimate, to the hest of%,our abthtv how Texans Feeding Texas-Flonic Delivered Meal Grant Program fainds will be expended for your organization during die grant period. tnutp C ajF N Ue C'I' .A. lication.Number HDM-14-1210 .Total#A.feajq Delivered 4v d b Grantee) 141,353 d hV 'IS114A 103'869 J..q 37,484 Total#.Afeals Funded hv DADSIAAA(Incligible) 103,869 femminin-M&-l'ble Menis 37,484 C lated Ghtnt.Amount $62,142.632 F-sdm etc dAmaunt Personnel $ EqLupment ........................ ........................................................... Office S lies and Sera-ices Othen Please specify exactly S S d. .... S Total Grant Amount $62,142.632 Duning the grant year,Grantee must demonstrme diatIT)A gr.knr funds werc used to directly supplement or extend inusung meal services to homebound persons that are elderk -ind/or havea disability. By.signing., [certify th-at flic informat.ion entered on this form is trucand correct To the best of my knowledge, AurLorized Official Signature 1.11te: Nlorns,Dircct�o � ...........................I................... . .....................................................................................................................11.............. MA IMM-14-INO ("ear of Cmpes Chruri, Park;and Recreation Di:;-pr seldor Consmanav Sendcev Do, Trade&Business Developguent-Comas Offul-V 41(achasew C 8§0"ree Attachment D CERTIFICATIONS AND ASSURANCES This certification is a material representation of fact upon which the Texas Department of Agriculture(MA) relies in determining the award of this agreement. If it is later determined that the Grantee knowingly rendered an erroneous certification,TDA, in addition to any other remedies available to the state and Federal governments,may take appropriate action. Grantees must complete this form before they wilI receive state and/or federal funds. Recipients OF state and/or Federal funds must Ful1v understand and comply with these requirements, Failure to comply with -iin applicable assurances may result in the withholding of funds, tern anon of the award,or other sanctions. The Grantee hereby assures and certifies compliance with-,dI applicable federal and state statutes, regulations, policies,guidelines and requirements,including OMB Circulars No—A-21 (2 CFR Part 220),A-87 (2 CFR Part 225), A.110 (2 CFR Part 215),A-122(2 CFR Part 230),and A-133,as applicable;Executive Order 12372;and Uniform Agreement Management Standards (UGMS) that govern the application, acceptance and use of funds for this project.Also,by signature hereon, the Grantee assures and certifies that: 1. LEGM, AUTHORYI-Y -.1— It possesses legal authority to enter into the agreement, including all understandings and assurances contained therein, and the person identified as the official representative of the Grantee is duty authorized by the Grantee to act in connection with the agreement, to provide such additional information as mav be required, to sign and execute the agreement on behalf of the Grantee,and to validly and legally bind the Grantee to all of its terms,performances,and provisions. 2. CONTRAC-17,XGREENfENT AD-NITNIS'MATION -- It wifl maintain an appropriate agreement administration system to ensure that all terms, conditions and specifications of the agreement, including these standard-.is surances, are met. 3, B --Lr\TrVES It-,vifl comply Nvidi Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Grantee's governing body or of the Grantee's contractor shall vote or confirm the employment of any person related wid-iin the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer o r e mployee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed For a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 4 PUBLIC INFORNIATION — [t wifl ensure that a-11 information collected, assembled or maintained by the Grantee relative to as project assisted by this award will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 5, OPEN NIERTLNGS IF the Grantee is a governmental. entity, it will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings OF governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. G. CHILD SUPPORT PAYMENTS --- Under Section 231,006, Texas Family Code, relating to child support obligations, the Grantee and any other individual or business entity named in this agreement, contract Or application is not ineligible to receive the specified agreement, loan,grant award or pa)ment and acknowledges that this agreement may be terminated and paymenc writhheld if this certification is inaccurate. Paae I of 4 Attachment D 7. SUSPECTEQ CHILD ABUSE — It will comply %vith the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Chad Protective and Regulatory Services. Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. 8. NONDISCIUMINATION ­- It will comply with all State and Federal statutes relating to nondiscrimination,including the following: * The Civil Rights Act of 1964,asamended (42 U.S.C. 2000d et seed.) * Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 4 The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.) # The Age Discrimination Act of 1975 (42 U3.C. 6101 aseq.) 9. DISPL-\CED PERSONS . ..... It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 U.S.C. §§ 4601 - 4655) which provides for fair and equitable treatment of persons displaced as as result of federal and federally-assisted programs. 10. P01,11-ICAL 11 0 Bill IY It ,,.ill comply %vith provisions of federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection vvith an acuvirt financed in whole or in part by federal agreements. (5 U.S.C. CS 1.501 et seq.) 11. FAIR LABOR-�.ST—AN DAD MS ACT ­­ It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act ,"26 U.S.C. �§ 201 - 219) and the Intergovernmental Personnel Act of 1970,as applicable. 12. EPA VIOLATING FACILITIES It gill ensure that the facilities under its ownership, lease or supervision which shall be utifized in the accomplishment of the project are not fisted in the I.nvlronmcntal Protection Agency's (EPA's) Est of Violating Facilities, and that it%,611 notift,TDA of the receipt of any,communication from the Director of the EPA Of of Federal Activities indicating that facility to be used in the pro ect is under consideration for listing by the EPA. 11 FLOOD INSURANCE — It -,vi1l comply vith the flood insurance purchase re fit&emtints of Section 102(a) of the Flood Disaster Protection Act(42 U.S.C. § 4001). This section requires, on anclafter March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any for of loan, agreement, guaranty, insurance pray ent, reb ate, subsidv-1 disaster ,assistance ssistance loan or agreement, or any other for of direct or indirect Federal assistance. 14, LQNiSER%Wrl0N- — It%xill co ply with the Wild and Scenic Rivers Act of 1968 (16 U. S,C, \5 1271 el i-eq.) rel, ated to protecting components or potential components of the national Nvi1d and scenic river system. 15. HISTORIC PRE--SERYLLION — It will comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1974 (16 U.S.C, 469 et seq.) by(a) consulting with the Te-sas Historical Commission, as necessary, to identify properties listed in or elig ible for inclusion in the National Register of Historic 9 Places that are subject to adverse effects (see 36 CFTC Part 800-8) by the activity, and notifi-ing'IDA of the existence of any such properties, and by (b) complying with afl requirements established by the Texas Historical Commission or'[DA to avoid or mitignte adverse effects upon such properties. Page 2 of „ItuichmentD 16. LXNIINLAJ- WELFARE ® It will comply with the Laboratory Animal Welfare Act of 1966 (Public Law 89-544, as amended, 7 U.S.C. 2131 el jvq.) pertaining to the care, handling and treatment of warm blooded an”mals held for research, teaching,or other activities supported by this award. 17, L1V_1M_A_1N „SST E&TS __ It will comply with 45 CFR Part 46 regarding the protection of human _�L subjects involved in research, development and related activities supported by this award. I& 1=kKE- _ It will comply with all State and Federal tax laws and is solely responsible for filing all required State and Federal tax Forms. The Grantee also certifies that it is not delinquent in the payment of any franchise taxes owed the State of Texas. 19, ELIG FBILI TY. FINANCIAL PARnC1LATTQN °­"""""",1 Under Texas Government Code,Section 2155.004, no person who received compensation for participating in preparing the specifications or request for proposals on wtuch this agreement is based has any financial interest in this agreement. The Grantee certifies that the individual or business entity named in this agreement, contract or Application is not ineligible to receive the specified agreement, loan, grant award or payment and acknowledges that this agreement may be termin:aced and payment withheld if this certification is inaccurate. 20. f_,Q7%fPI.LkNCE- WrITH REOUIR "DE ENTS ® It will comply, and assure the compliance of® its sub grantees and contractors, with all applicable requirements imposed by federal and state laws, executive orders, regulations,policies, program requirements and other administrative requirements governing this program, 21. WOR 9 1,,�1-CE---Or-Q-11ME—U—NIES ­, It will adopt and implement applicable provisions of the model 1 TrV,/AfDS workplace guidelines of the Texas Department of Health, as required by the Texas health and Safety Code,Sec. 85.001 et frf"'�. 22. 7LICT OF IMIE.—REST " It will establish safeguards to prohibit employees from u,,,,;ing their positions for a purpose that is,or gives the appearance of being motivated by desire for private gain for themselves or others,particularly those with who they have family,business or other ties. 23. LDBBYING—No funds provided under this agreement has been or will be used to pay-,tny person for influencing, attempting to influence, or communicating with a member of the legislative or executive branches of state government (which includes a member-elect,a candidate for,an officer,an officer-elect, or an employee of the legislature or legislative committee or any state agency,department, or office in the executive branch),a Member of Congress, an officer or employee of Congress or a federal agency, or an employee of a Member of Congress in connection with any legislation, administrative action, the awarding or making of any state or federal contract, agreement, or loan, the entering into of any cooperative agreement, And the extension, renewal, amendment or modification of any state or federal contract, Agreement,loan or cooperative agreement. Also, the Grantee will require that the language of this certification be included in the Award documents for all sub-awards at all tiers and that all sub,.recipients shall certify actor dinglv. 24. —E]SM-CUTIVE HEA ......... Under Section 669.003,Texas Government Code, the Grantee certifies that no person who, in the last four vears, served as ,,in executive of TDA oranv other state Agency was involved with or has any interest in the grant application or proposM or this agreement. If die Grantee employs or has used the services of a former executive head of TDA or any od-icr state agency, then the Grantee will provide the following information to TDA: name of former executive', name of state agency; date of �eparation from the state agency,.position with the Grantee,and date of employment with the Grantee. 25. E�FLQINY—Sections 2155.006 and 2261,053,Texas Government Code, prohibit TDA from awardin17 a contract to any 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 Kquini,or Page 3 off ld Attachment D any other disaster occurring after September 24, 2005. The Grantee certifies that the individual or businm entity named in this agreement, contract or application is not ineligible to receive the specified agreement, loan, grant award or pa)"rrient ,Ind acknowledges that the agreement may be terminated and pay ment`withheld if d-:iis certification Is inaccurate. 26. DRUG-_FREFWORKPLACE — It -will maintain a drug-free work environment and compIy with applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, tide V, § 5155, Nov. 18, 1988, 102 S tat.4307) and 41 U.S.C. 8 101 el seq. 27 AUDIT—If the Grantee currently expends combined federal funding of$500,000 or more in a year, the Grantee will submit an annual sinileaudit b% in independent auditor made in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501­75071r -Ind revised OMB Circular A 133, "Audits of Stites,Local Governments,and Non-Profit Organizations." If the Grantee currently expends combined federal funding of less than $500,000 in a near, the Grantee is eye pt from the Single Audit Act and cannot charge audit costs to as 'IDA agreement. 'rhe Grantee understands,however, that TDA may require as limited scope audit as defined in ONEB Circular Al ­133. 28. D_FBARNi [ENIT— TDA is federally mandated to adhere to the directions provided in the President's Executive Order 13224, Executive 6rder on Terrorist Financing - Blocking Propem and prohibiting Transactions With Persons NN"ho Commit, Threaten to Commit, or Support Terronsm, effective 9/24/2001 and any subsequent changes made to it via crass-referencing respondents/vendors uith the I-ederal General Services Administration's Svstcm for A-%%ard Management (SA I),L1ttPi Z aLL-,,r% ov, _ which is inclusive of the United States Treasun"s Office of Foreign Assets Control (OFAC) Specially Designated National (SD N) list. 'llic Grantee certifies that the Grantee and its principals are eligible to participate in this agreement and have not been subjected to suspension, debarment,or similar ineligibility determined by any federal, state or local governmental entity and the Grantee is in compliance uith the State of Texas statutes and rules relating to procurement and that Grantee is not listed on the federal government's terrorism witch list is described in Executive Order 13224. Entities ineligible for federal procurement are listed at LIt &LEVNE al-Ell—M-r—ov. Signa re of Authonzed fficial D ate R1 I dv,&bh,,P-Pos Rrt��ar-J Printed Narne and Tide of Authonzed Official Page 4 of 4 �gUS C Gd 0 AGENDA MEMORANDUM wIna©�R�o First Reading for the City Council Meeting of April 8, 2014 xs Second Reading for the City Council Meeting of April 22, 2014 DATE: March 12, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Old Robstown Road From State Highway 44 to Leopard Street CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with CH2M Hill, Inc. for Old Robstown Road from State Highway 44 to Leopard Street project so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Old Robstown Road from State Highway 44 to Leopard Street. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalks, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design ALTERNATIVES: 1. Authorize execution the contract. 2. Do not authorize execution the contract. (Not Recommended) OTHER CONSIDERATIONS: CH2M Hill, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond 2014 Street Projects, dated August 1, 2013. CH2M Hill, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $554,390.00 $4,785,610.00 $5,340,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $554,390.00 $0.00 $554,390.00 Future Anticipated $0.00 $0.00 $4,802,520.00 $4,802,600.00 Expenditures BALANCE $0.00 $0.00 $16,990.00 $16,990.00 Fund(s): Street Bond 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the engineering design contract with CH2M Hill, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $127,540.00 from Storm Water CIP Fund 3494, $66,320.80 from Wastewater CIP Fund 4510, and $61,219.20 from Water CIP Fund 4479 to the Bond 2014 Street Project Old Robstown Road from State Highway 44 to Leopard Street; increasing expenditures in the amount of $255,080.00; and authorizing the City Manager, or designee, to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas in the amount of $554,390.00 for Old Robstown Road from State Highway 44 to Leopard Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $127,540.00 in Storm Water Capital Improvement Program Reserves from Fund 3494, $66,320.80 in Wastewater Capital Improvement Program Reserves from Fund 4510, and $61,219.20 in Water Capital Improvement Program Reserves from Fund 4479 to the Bond 2014 project Old Robstown Road from State Highway 44 to Leopard Street. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $255,080.00. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with CH2M Hill Engineers, Inc., a Delaware Corporation with Branch office in Corpus Christi, Texas for the Old Robstown Road from State Highway 44 to Leopard Street in the amount of $554,390.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Old Robstown Road from State Highway 44 to Leopard Street E13098 PROJECT FUNDS AVAILABLE: Bond 2014 - Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $ 299,310.00 Waterwater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 66,320.80 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 127,540.00 Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 61,219.20 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 2,370,690.00 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 2,414,920.00 TOTAL......................................................................................... 5,340,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,786,545.45 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 378,654.55 Design Fees: **Design Engineer - CH2M Hill Engineers (authorized services) ... ... ... ... .. 554,390.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 96,120.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 80,100.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 373,800.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 26,700.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 26,700.00 TOTAL......................................................................................... 5,323,010.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 16,990.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation mair i'?......... Jr ri W d1m, /F TNIII, pal ......... 7 II ! v PROJECT LOCATION �� ���I ;� � �� �1� � ;;/e/ �% 'f�/%/� J, p 4 NXI" Al' A ow . ......... F,-,, Z ......... �" +,s}P � ;/1/%^�„ i i �/ r o, J a„,, P//3'I ;r,JU y,rw N k;f�l r R 0� Jr�// "��[/„, io' LOCATION MAP- NOT TO SCALE PROJECT#E13098 CITY COUNCIL EXHIBIT OLD ROBSTOWN ROAD CITY OF CORPUS CHRISTI, TEXAS S TA TE HIGHWAY 44 TO LEOPARD BLVD. DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and CH2M Hill Engineers, Inc., a Delaware Corporation, 555 N. Carancahua, Suite 310, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Old Robstown Road from State Highway 44 to Leopard Street (Project No. E13098) BOND 2014 — Project limits include Old Robstown Road from State Highway 44 to Leopard Street. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb and gutter, sidewalks and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A/E)Services Pagel of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements asset forth in Exhibit «B„ 5. FEE The City will pay the A/E a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed $554,390.00, (Five Hundred Fifty Four Thousand Three Hundred Ninety Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Engineering(A/E)Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI CH2M HILL ENGINEERS, INC. Natasha Fudge, P. E., Date Sidney A. Faas, P. E., Date Acting Director of Capital Programs Vice President 555 N. Carancahua, Suite 310 Corpus Christi, TX 78401 (361) 888-8100 Office RECOMMENDED (361) 888-8600 Fax Valerie Gray, P. E., Date Director of Street Services APPROVED Office of Management Date and Budget ATTEST City Secretary Department Fund Source No. Amount Street 2013 TN 550950-3550-00000-E13098 $299,310.00 Wastewater Capital Reserves 550950-4510-00000-E13098 66,320.80 Storm Water 2012 Rev Bonds 550950-3494-00000-E13098 127,540.00 Water 2010 Rev Bonds 550950-4479-00000-E13098 61,219.20 Total $554,390.00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 K:\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Old Robstown Road (State Highway 44 to Leopard Street) Project Number: E13098 Bond Issue 2014 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare Consultant contract award recommendation PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify potential right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct preliminary hydraulic analysis to quantify the storm sewer design of existing and proposed systems. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. M) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of EXHIBIT"A" Page 1 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide anticipated index of drawings and specifications. 6. Provide a summary table of potential ROW parcels 7. Provide list of potentially contaminated soil sites based on TCEQ's Leaking Petroleum Storage Tank (LPST) database. q) Submit one(1) copy in an approved electronic format, and one(1) paper copy of the Draft Engineering Letter Report. r) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. S) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. t) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans (as available from City Engineering files). d) Field location of existing city utilities (A/E to coordinate with City Operating Departments). e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT"A" Page 2 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. d) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. e) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets,warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. 3. Include summary output tables from the Hydrologic and Hydraulic analyses. f) Furnish one(1) set of the interim plans (60%submittal-electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist& drawing checklist"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. The computer model used to assess drainage shall also be submitted. 2. Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. g) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and begin final plans and bid documents upon Notice to Proceed. }� Provide nne (1) cot of the pre final plans and hid! r n-a-urnents (990.4 si ihmittal a le-rutrnnin an`J haFd nnpY ii n Gity Ctanrlarrlr_s r�n ) to the Gity staff fe revie�.y and approval pi irpnses with revise`) estimates of prnhahle r--p-rotro. Inn,OR- � plan eXeG 1ti�io mmani prnieGt nheGLlist and plan nh�Llist�.yith the si ihmittal prurr cmv� mm�rvJ r-vrT rcrr urra-prarrvrr rcrr i1 HGIGI ...A.-IteS to wnrkiRg days of the FneetiRg. Assimilate all review TT rnmmentc 0 c and innnrnnrete env rent 1irement into the plans enr! cnenifinetinnc and 0 ad se Git�erPnn`Jinn and nnn_rerPnn`Jinn partinipant -appropriate. Benin final plans and spenifinatinns i ipnn Alntine to Drnneer! j) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. EXHIBIT"A" Page 3 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc k) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate. Begin bid plans and specifications upon Notice to Proceed. 1) Provide one (1) set of the bid plans and contract documents (electronic and full- size hard copy using City Standards as applicable)suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. M) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. n) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit"A-2" for required form. o) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacting the project. C) Assist the City in solicitation of bids by identification of prospective bidders. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services'approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. EXHIBIT"A" Page 4 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc g) Prepare Agenda Memoranda and Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) 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. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform construction administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor, and authorize required changes that do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. 1. The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 2. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and are not contractually obligated under this Agreement to inspect a city construction contractor, its subcontractors, or the personnel of any or either of them, for health and safety concerns. 3. The presence of Engineer's personnel at a construction site is for the Engineer to provide the Owner with review and input regarding whether the completed construction work will conform generally to the construction documents and whether the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the EXHIBIT"A" Page 5 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. f) Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Provide Consultant the construction "red-line" drawings. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a I Ininn Danifin Railroad, i i NAiccnri Danifin Railroad, or aRy Other railread eperatinn in +h�a h Tvfl(lT utility anr! onvirnnmon+aI permits, multiple use anroomen+c A. � \/\/o+I�nrlc rlolino�+inn �n`J Dormi+ d. Temporary DirGharge Permit e. TPDES Permit/Amendments (including SSC, NOI NOT)Consultantwill prepare NOI for signature by City's responsible party. f. Tov;;c m of Cn\nrnnmon+ l Quality(T-GF=Q) Dorits/AmR_Admon+c a Ali ionoc Q_G11Rty h Tov;; I-1 c ic+nrin;;l CAmmiccinn (THIC) n. i I I C Cich ;;Pd \A/ildUp CorVino /I ICC\A/C\ EXHIBIT"A" Page 6 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc j. U.S.S AFFn y r`eFps Of F=RgiReeFG (1 ICAG-E U. I Ini4or! States Cnv _ irnnmon41 Drn4on4iGR AgeRGY (1 SEPA) n I. Texas Department of Licensing and Regulation (TDLR ) 4;4- To.._C (lff.Ge (T-G O) -R-. (l4hor�nonnv PFGjen4_cpeGifin PeFFnit 2. Right-of-Way (ROW) Identification Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the Engineer's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. EXHIBIT"A" Page 7 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc 4. ROW Acquisition and Parcel Maps. (TO BE DETERMINED) All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. b) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. C) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. d) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 5. Environmental Issues. To Be Determined. 6. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City (may require a contract amendment if revisions required after the project construction meeting). Prepare notices, handouts and exhibits for public information meetings. 7. Subsurface Utility Investigation. (AUTHORIZATION REQUIRED) a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating EXHIBIT"A" Page 8 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. C) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occurthat could affect total Project cost and/or execution. These conditions and cost/execution effects are not the responsibility of Engineer. 8. Closed Circuit Television (CCTV) Inspection —Waste Water. (To Be Determined) 9. Structural and H&H Analysis of Existing Storm Water Concrete Box. (To Be Determined) a) A/E will analyze cost savings and constructability of a parallel, supplemental storm line as an alternative to replacing existing storm system in its entirety. b) Forensic testing of existing 8.25'x7.5' box culvert to determine structural integrity of the box. C) Clean and televise existing storm water lines.Actual length will be determined by the engineer and authorized by the City. 10. Construction Observation Services. To Be Determined 11. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvements under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 12. Geotechnical Investigation. a) Obtain pavement cores and sample, identify and measure the pavement constituents at twenty locations. In addition to the pavement cores, borings will be performed at ten core locations. Perform five borings to termination depths of 25-feet and five EXHIBIT"A" Page 9 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc borings to termination depths of 5-feet within the roadway(Total Number of Borings: 10; Total Linear Feet of Drilling: 150 LF). b) A geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does not supersede Exhibit"A". II. SCHEDULE The contract schedule is based upon the anticipated Notice to Proceed (NTP). All schedule dates will be adjusted based on the actual NTP; each task will be adjusted by the number of days differential between the anticipated and actual NTP. Date Activity City provided Traffic Monday, January 27, 2014 assessment Friday, April 18, 2014 NTP Friday, June 6, 2014 Draft ELR Submittal Wednesday, June 25, 2014 City Draft ELR Review Meeting Wednesday, July 9, 2014 Final ELR Submittal 60% Design Submittal Wednesday, October 8, 2014 Meeting Wednesday, October 29, 2014 City 60% Review Meeting 90% Design Subn#ttaA 99 Revi&A4 NAoLzt_ n Wednesday, March 4, 2015 100% Final Submittal Wednesday, March 25, 2015 City 100% Review Meeting Friday, April 24, 2015 Bid Set Submittal Monday, May 4, 2015 Advertise for Bids Wednesday, May 13, 2015 Pre-Bid Conference Wednesday, May 20, 2015 Receive Bids Tuesday, June 23, 2015 Contract Award July, 2015 Begin Construction December, 2016 Complete Construction October, 2017 Warranty Phase Report EXHIBIT"A" Page 10 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these 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, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 89,990.00 2. Design Phase $ 272,515.00 3. Bid Phase $ 12,630.00 4. Construction Administration Phase $ 25,355.00 Subtotal Basic Services Fees $ 400,490.00 Additional Services Fees (Allowance) 1. Permit Preparation $ 3,910.00 2. ROW Identification Survey $ 23,482.00 3. Topographic Survey $ 44,748.00 4. ROW Acquisition and Parcel Maps To Be Determined 5. Environmental Issues To Be Determined 6. Public Involvement $ 8,620.00 7. Subsurface Utility Investigation (Authorization Required) $ 29,220.00 8. Closed Circuit Television (CCTV) Inspection —Waste Water To Be Determined 9. Structural and H&H Analysis of Existing Storm Water To Be Determined Concrete Box 10. Construction Observation Services To Be Determined 11. Warranty Phase $ 3,600.00 12. Geotechnical Investigation $ 40,320.00 Sub-Total Additional Services Fees $ 153,900.00 Total Fee (Basic +Additional Services) $ 554,390.00 EXHIBIT"A" Page 11 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $44,995.00 $11,698.70 $22,497.50 $10,798.80 89,990.00 2 Design Phase 136,257.50 35,426.95 68,128.75 32,701.80 272,515.00 3 Bid Phase 6,315.00 1,641.90 3,157.50 1,515.60 12,630.00 4 Construction Administration Phase 12,677.50 3,296.15 6,338.75 3,042.60 25,355.00 Subtotal Basic Services Fees 200,245.00 52,063.70 100,122.50 48,058.80 400,490.00 Additional Services Fees (Allowance) 1 Pemit Preparation 3,910.00 0.00 0.00 0.00 3,910.00 2 ROW Identificaion Survey 11,741.00 3,052.66 5,870.50 2,817.84 23,482.00 3 Topographic Survey 22,374.00 5,817.24 11,187.00 5,369.76 44,748.00 4 ROW Acquistion and Pacel Maps 0.00 0.00 0.00 0.00 TBD 5 En\ironmentalIssues 0.00 0.00 0.00 0.00 TBD 6 Public Involvement 4,310.00 1,120.60 2,155.00 1,034.40 8,620.00 7 Subsurface Utility Investigation 14,610.00 3,798.60 7,305.00 3,506.40 29,220.00 (Authorization Required) 8 Closed Circuit Television (CCTV) 0.00 TBD 0.00 0.00 TBD Inspection -Wastewater Structural and H&H Analysis of 9 Existing Storm Water Concrete 0.00 0.00 TBD 0.00 TBD Box 10 lConstruction Observation Services 0.00 0.00 0.00 0.00 TBD 11 Warrant Phase 1,800.00 468.00 900.00 432.00 3,600.00 12 lGeotechnical Investigation 40,320.00 0.00 0.00 0.00 40,320.00 Subtotal Additional Services Fees 99,065.00 14,257.10 27,417.50 13,160.40 153,900.00 Total Authorized Fee 299,310.00 66,320.80 127,540.00 61,219.20 554,390.00 EXHIBIT"A" Page 12 of 12 Revised November 26,2013 K\Engineering Data Exchange\ANGIEM\STREET\E13098 OLD ROBSTOWN FROM STATE HIGHWAY 44 TO LEOPARD BOND ISSUE 2014\2014 03 10 Old Robstown Road-EXHIBIT A LARGE AE.doc EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS Bond Issue 2014 Old Robstown Road (State Highway 44 to Leopard Street) (Project Number: E13098) I. SCOPE OF SERVICES Project Limits Project limits include Old Robstown Road between the north right-of-way of the Tex-Mex Railroad (excludes the Tex-Mex Railroad and SH 44 right-of-way) and the south right-of-way of Leopard Street (excludes Leopard Street right-of-way). The main portion of the project is approximately 4,600 linear feet in length and will exclude the approximately 850 linear feet of parallel, residential access road. Surface improvements include reconstruction of collector roadway consisting of one travel lane in each direction, as well as ADA compliant sidewalks. Utility improvements include rehabilitation or construction of new water, wastewater, and storm water system lines and appurtenances. Improvements do not include proposed Storm Water Master Plan improvements or traffic signalization. A. BASIC SERVICES 1. Preliminary Phase a) Presentations and Meetings (1) Prepare Consultant contract award PowerPoint presentation in City format for City Council Meeting, and attend City Council Meeting. (2) Hold Project Kick-off Meeting (3) Hold Project review meeting with City Staff and receive City comments on the Draft Engineering Letter Report (ELR) (4) Present summary of ELR findings to Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). Prepare PowerPoint presentation, handouts, and exhibits. Provide follow-up and response to comments. b) Deliverables (1) Draft Engineering Letter Report to include (a) Basis of Engineering Design (b) Geotechnical Testing Report EXHIBIT"A-1" Page 1 of 9 (c) Analysis of Existing City Traffic Count Information/Recommendation for Additional Needs (i) City to provide traffic data needed to assess capacity improvements (d) Cross Section Recommendations (e) Life Cycle Cost Estimate Using FHWA Real Cost Program (f) Right-of-Way Requirements (g) Preliminary Layout and Alignment (h) Existing/Proposed Utilities —Coordination with operating departments and private utilities (i) Coordinate with AEP and City Traffic Engineering for street lighting and traffic signalization power requirements. (i) Identify requirements of governmental authorities having jurisdiction to approve design of the Project Q) Coordination with Agencies (RTA, CDBG, USPS, CCISD, community groups, TLDR) (k) Drainage Areas and Preliminary Hydraulic Analysis (1) Conformance to Master Plans (m)Identification of needed additional services (n) Identification of needed permits and environmental consideration (i) Research potentially contaminated soil sites based on the TCEQ database of Leaking Petroleum Storage Tanks. (o) Recommended Public Outreach and Community Stakeholder Requirements (p) Identification of Quality/Quantity of Materials of Construction (q) Construction Sequencing (r) Site Photos (s) Anticipated Index of Drawings and Specifications (t) Preliminary Opinion of Probable Construction Costs (2) Final Engineering Letter Report to incorporate review comments from City review meeting EXHIBIT"A-1" Page 2 of 9 2. Design Phase a) Coordinate with City Operating Departments, Private Utilities, and Agencies b) Hold Review Meetings (60% Submittal AND Review, and 100% Review). Prepare meeting agenda and meeting minutes. c) Deliverables (1) 60% Submittal (a) Plans —Anticipated sheets include the following (i) Cover Sheet (1 Sheet) (ii) General Notes and Abbreviations (1 Sheet) (iii) Estimated Quantities (2 Sheets) (iv) Overall Layout and Project Control (2 Sheets) (v) Construction Sequencing and Testing Schedule (1 Sheet) (vi) Demolition Plans (5 Sheets) (vii) Existing Typical Sections (1 Sheet) (viii) Proposed Typical Sections (1 Sheet) (ix) Plan and Profile—Street and Storm (8 Sheets) (x) Overall Drainage Area Map (1 Sheet) (xi) Storm Drain Analysis (2 Sheets) (xii) Miscellaneous Details (2 Sheets) (xiii) City Standard Details (5 Sheets) (xiv) Curb Ramp Details (5 Sheets) (xv) Curb Ramp Layouts (5 Sheets) (xvi) Plan and Profile —Water and Wastewater (10 Sheets) (xvii) City Standard Details (10 Sheets) (xviii) Permanent Pavement Marking Plans (5 Sheets) (xix) TxDOT Standard Drawings (12 Sheets) (xx) Construction Phasing Layout and General Notes (1 Sheet) (xxi) Traffic Control (5 Sheets) EXHIBIT"A-1" Page 3 of 9 (xxii) TxDOT Standard Drawings (14 Sheets) (xxiii) SWPPP Notes (1 Sheet) (xxiv) Curb Inlet Protection (1 Sheet) (xxv) SWPP Plan Sheets (5 Sheets) (b) Plan Executive Summary, Project Checklist, Drawing Checklist (c) Engineer's Opinion of Probable Cost (d) Summary Output from Hydraulic and Hydrologic Analyses (2) 100% Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Cost (3) Bid Set Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Cost d) Quality Assurance/Quality Control e) Monthly Status Reports EXHIBIT"A-1" Page 4 of 9 3. Bid Phase a) Pre-Bid (1) Prepare draft Authorization to Advertise (ATA) (2) Attend pre-bid conference (3) Review pre-bid questions and prepare addenda b) Bid Tabulation and Recommendation (1) Attend bid opening (2) Analyze and evaluate bids, prepare bid tabulation, and make recommendation concerning award of the contract. (3) Prepare Contractor bid award recommendation PowerPoint presentation in City format for City Council Meeting 4. Construction Administration Phase a) Pre-Construction (1) Provide a recommended agenda for, and attend pre-construction meeting (2) Review contractor submittals for conformance to contract documents (3) Review, evaluate and recommend for City consideration a Contractor Value Engineering proposal. b) Construction (1) Review and interpret field and laboratory tests (2) Provide interpretations and clarifications of the contract documents for contractor and authorized changes that do not affect contractor's price and are not contrary to the general interest of the City (3) Make regular visits (1 hour per week for 77 weeks) to project site to confer with City project inspector. c) Post-Construction (1) Attend final inspection with City staff (2) Provide punch list items to City's construction engineers (3) Provide Certificate of Completion (4) Prepare Project record drawings in AutoCAD dwg format EXHIBIT"A-1" Page 5 of 9 B. ADDITIONAL SERVICES (ALLOWANCE) 1. Permit Preparation a) TPDES Permit (1) Prepare Notice of Intent for City submittal (a) City to pay Application Fee b) TDLR (1) Register project with TDLR and pay registration fee (2) Provide copy of contract documents to TDLR and pay plan review fee (3) Prepare request for inspection on behalf of City (a) City to coordinate and pay for RAS inspector directly 2. Right-Of-Way (ROW) Identification Survey a) Perform plat map, deed, and easement document research of Subdivisions adjacent to the Old Robstown road right-of-way. b) Prepare working sketch of record information of the corner locations for use in locating boundary evidence. c) Recover and measure existing boundary evidence, i.e., fence corners, monuments and iron pins sufficient to determine the location of the existing right- of-way. d) Prepare a preliminary base map containing the apparent right-of-way, showing the lot lines, land ownership, and site addresses per appraisal district records. 3. Topographic Survey a) Survey (1) Establish primary horizontal and vertical control for the basis of survey and secondary control outside the limits of project construction disturbance. (2) Control will conform to the City 's Global Positioning System control network State Plane Coordinate System (NAD 83), Texas South Zone, US Survey feet in grid, the North American Vertical Datum of 1988 (NAVD 88) and will be established using conventional methods. (3) Provide detailed surface feature surveys within the project limits and 50 feet beyond the right-of-way of Old Robstown Road on cross streets. (4) Required survey data will include x, y, z points at all existing ramps, sidewalks and above ground appurtenances such as existing curb and gutter, EXHIBIT"A-1" Page 6 of 9 power poles, traffic signal foundations, traffic signal controller boxes, electric junction boxes, utility valves, manholes, fences, fire hydrants, curb inlets, signs, trees, etc. which may affect the design and proposed construction. (5) Driveway and approach walk elevations will be surveyed beyond the right-of- way line in non-fenced areas a minimum of 25 feet inside the property. (6) Locate 10 total proposed soil boring locations to be determined by the engineer. (7) Surveys to include signs, fences, and other planimetric features at and near the vicinity of the ROW line. (8) Points shall be adjusted as needed to reflect the center and diameter of utility poles, sign poles, etc. (9) Square and rectangular features shall be located at each corner. (10) Point descriptions shall be adequate to identify the item being located. (11) All obstacles shall be tied in with as many points as needed to determine precise placement. (12) Invert depths of storm drain inlets, storm water manholes, wastewater manholes and top elevations of water valves. (13) Survey data will include breaks in grade, driveway edges and centerline elevations, edge of asphalt, flowline of curb, top of curb, edges of existing walk, ground at right of way, ground elevations 25 feet inside the adjacent property at approximately 50 foot intervals. b) Drawing Preparation (1) Process the survey data to generate line work and symbology. (2) Add annotations of invert data, surface utility evidence and other surface feature annotation. (3) Prepare a digital terrain model and include contour data at an interval of one- foot. 4. ROW Acquisition and Parcel Maps (TBD) 5. Environmental Issues (TBD) 6. Public Involvement a) Attend one public meeting after submittal of Final Engineering Letter Report. (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. EXHIBIT"A-1" Page 7 of 9 (2) Provide follow-up and response to citizen comments. (3) Revise contract drawings to address citizen comments, as directed by the City. b) Attend one public meeting prior to start of project construction (1) Prepare notices, PowerPoint presentations, handouts, and exhibits. (2) Provide follow-up and response to citizen comments. (3) Revisions to the contract drawings to address citizen comments, as directed by the City's preference (not design errors), will be addressed through a contract amendment. 7. Subsurface Utility Investigation a) Provide an estimated forty-five (10) spot locations for elevations of possible conflicts with existing utilities (no more than 10 feet of depth per test hole). (1) Actual number of locations will be determined by the engineer and authorized by the City. 8. Closed Circuit Television (CCTV) Investigation -Waste Water (TBD) 9. Structural and H&H Analysis of Existing Storm Water Concrete Box (TBD) 10. Construction Observation Services (TBD) 11. Warranty Phase a) Conduct inspection of project toward the end of one-year period after acceptance of the project. b) Document defects of project and prepare report for City staff. (1) Submit report no later than 60 days prior to end of maintenance guaranty period. 12. Geotechnical Investigation a) Obtain pavement cores and sample, identify and measure the pavement constituents at twenty locations. In addition to the pavement cores, borings will be performed at ten core locations. Perform five borings to termination depths of 25-feet and five borings to termination depths of 5-feet within the roadway (Total Number of Borings: 10; Total Linear Feet of Drilling: 150 LF). b) A geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench EXHIBIT"A-1" Page 8 of 9 excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project (1) Evaluate the subsurface soils within the limits of the proposed roadway rehabilitation project by obtaining information on the in-situ soils and groundwater conditions and to provide flexible and rigid pavement sections suitable for 20 and 30-year pavement designs. (2) Provide recommendations on the suitability of recycling the existing asphalt roadway to be re-used as base material for either a flexible or rigid pavement section. If the material is suitable, provide recommendations suitable for 20 and 30-year pavement designs. If milling and reclaiming the existing pavement constituents is not suitable, also provide this recommendation in the final report. (3) Provide recommendations for the use of either reinforced concrete or non- reinforced concrete pavement and the suitability for each option. (4) Provide soil parameters, trench excavation design parameters, OSHA soil type classification and recommendations needed by the contractor/engineer to design braced excavations for installation of underground utilities. In addition, prospective contractors will utilize the information provided in this report during the bidding process. EXHIBIT"A-1" Page 9 of 9 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT Pagel of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant 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 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. EXHIBIT Page 2 of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT Page 3 of 3 KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1.000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 1196 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 2396 clotSUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Carpus DISCLOSURE OF INTEREST Christi 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". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CH2M Hill Engineers,Inc. P. O.BOX: N/A STREET ADDRESS. 555 N. Carancahua, Suite 310 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. 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) 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Sidney A.Faas,P.E. Title: Vice President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Chri sti, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Ch r°st Capital Programs Old Robstown Road from State Highway 44 to Leopard Street Council Presentation April 8, 2014 PROJECT SCOPE 11 Corpus Christi Engineering Project includes: • Full reconstruction of Old Robstown Road from State Highway 44 to Leopard Street • Replacement of utility lines, curb, gutter sidewalks, driveways, and ADA ramps 2 PROJECT SCHEDULE Corpus Christi Engineering Project Estimate: 660 Calendar Days 22 Months *Actual bid date & Construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 PROJECT BUDGET Corpus Christi Engineering PROJECT FUNDS AVAILABLE: Street - Tax Notes $ 299,310.00 Wastewater CIP 66,320.80 Storm Water CIP 127,540.00 Water CIP 61 ,219.20 * Future 2014 General Obligation Bonds 2,370,690.00 * Future Capital Improvements - Revenue Bonds (Utility) 2,414,920.00 TOTAL 5,340,000.00 FUNDS REQUIRED: *Construction (preliminary estimate) 3,786,545.45 Contingency (10%) 378,654.55 Design Fees: **Engineer (CH2M Hill Engineers, Inc.). 554,390.00 Construction Materials Testing (TBD) 96,120.00 507.300.00 Reimbursements TOTAL 5,323,010.00 ESTIMATED PROJECT BUDGET BALANCE $ 16,990.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 �vs c 0 AGENDA MEMORANDUM wIORPOKR o First Reading for the City Council Meeting of April 8, 2014 1852 Second Reading for the City Council Meeting of April 15, 2014 DATE: April 2, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Fred Segundo, Director, Aviation freds @cctexas.com (361) 289-0171 Construction Contract Runway 13-31 Extension / Displacement and Connecting Taxiway CAPTION: Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050- 2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS' Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 —8. PURPOSE: The purpose of this Agenda Item is to execute construction contract with Bay, Ltd. of Corpus Christi, Texas for the Runway 13-31 Extension / Displacement and Connecting Taxiway project. BACKGROUND AND FINDINGS: This project is located at the Corpus Christi International Airport and addresses safety issues resulting from potential runway incursion incidents. A Taxiway Utilization and Redevelopment Plan recommended the proposed airfield reconfiguration projects for Runway 17-35 and Runway 13-31 to improve the safety of the airfield movement areas where the majority of runway incursions have occurred (the south end of the airfield where Runways 13-31 and 17-35 are coupled). This project is comprised of extending Runway 13 and Taxiway Bravo by 1,000 feet to the north and displacing the threshold of Runway 31 by 1,000 feet to the north. Included in the project is the construction of one new connecting taxiway connecting the new Runway 13 threshold to parallel Taxiway Bravo, reconstruction and reconfiguration of Taxiway 131 Taxiway B5, the construction of a run-up area on the north end of Taxiway Bravo, and blast pad. All paving will be bituminous, matching the existing runway and taxiway paving on the airport. This work will include extensive grading and drainage improvements. As a result of the runway threshold relocations, additional lighting and signage will be installed and all navigation aids will be appropriately relocated. Access drives to the relocated navigation aids will also be constructed. The Distance-To-Go signs will also be replaced. A new Medium Intensity Approach Lighting System with Runway Alignment Lights (MALSR) will be installed to serve the approach end of Runway 13. All taxiway lighting and signage serving Runway 13-31 will be converted to LED. Lastly, Runway 13-31 and all bituminous pavements constructed within this project will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 1 is comprised of the construction of two new connecting taxiways, Taxiways B2 and B3, connecting Runway 13-31 to Taxiway Bravo. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield area serving Runway 13-31. As a result of the new locations of these connecting taxiways, new LED lighting and signage will be installed. All new connecting taxiway paving will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 2 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield areas serving the Terminal Parking Area. As a result of the new connecting taxiway locations, new LED lighting and signage will be installed. All new connecting taxiway paving will seal coated and marked. Additive Alternate No. 3 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. This work will include the removal of two existing connecting taxiways and extensive grading and drainage improvements of the infield areas serving the Terminal Parking Area. As a result of the new connecting taxiway locations, new LED lighting and signage will be installed. All new connecting taxiway paving will seal coated and marked. Additive Alternate No. 4 is comprised of the reconstruction of the East General Aviation Apron Phase II from bituminous paving to Portland Cement Concrete paving. The existing bituminous paving section of the entire apron will be removed to the bottom of the existing base and replaced with a new PCC paving section. Additive Alternate No. 5 is comprised of the relocation of an existing 48 inch diameter water line currently located under the proposed Runway 13 extension. Included in the work will be excavation for the proposed water line, removal of portions of the existing water line under proposed pavement areas, encasement of the proposed water line under proposed/future pavement areas, and installation of all valves, fittings, and other necessary equipment. Additive Alternate No. 6 is comprised of the construction of the North General Aviation Apron Extension. This work will include concrete paving, grading, and minor drainage improvements. Additive Alternate No. 7 is comprised of the construction of a new wash rack adjacent to the General Aviation Apron Extension constructed in Additive Alternate No. 1. This work will include grading, paving, electrical and utility improvements, as well as the installation of an oil-water separator and connection to an existing sanitary sewer pump station. Additive Alternate No. 8 is comprised of providing line stops for the existing 48 inch diameter water line should the existing gate valves prove to be non-operational during construction. On March 5, 2014, the City received proposals from one (1) bidder. The single bid is as follows: Additive Total Base Contractor Base Bid Alternates 1 - 8 Bid Plus Add Alts 1 - 8 Bay, Ltd. Corpus Christi, Texas $20,151,501.87 $14,615,135.23 $34,766,637.10 ALTERNATIVES: 1. Execute the construction contract with Bay, Ltd. as proposed. 2. Execute the construction contract with Bay, Ltd. with base bid and Additive Alternate 1, Additive Alternate 2, Additive Alternate 5 and Additive Alternate 8 only. (Not Recommended) 3. Do not execute the construction contract with Bay, Ltd. as proposed. (Not Recommended) OTHER CONSIDERATIONS: The City's Consultant Engineer, KSA Engineers, Inc. conducted a bid analysis of the one proposal submitted to the City. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Bay, Ltd. of Corpus Christi, Texas has the experience and resources to complete the project. FAA provides funding for 90% of the project's design and construction. This project conforms with FAA policies and requirements and is to be funded from approved FAA grants. Grant monies allow for certification of Base Bid, Additive Alternate 1, Additive Alternate 2, Additive Alternate 5, and Additive Alternate 8. Additive Alternate 3, Additive Alternate 4, Additive Alternate 6, and Additive Alternate 7 will only be constructed pending certification and availability of additional FAA grant monies. The Contract for Construction and selection process complies with the State Procurement Act and City Policy. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; appropriating funds and the FY 2013-2014 Airport Capital Improvement Program budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,052,000.00 $16,210,000.00 $18,625,000.00 $35,887,000.00 This Ordinance Item 23,277,531.00 23,277,531.00 Revised Budget 1,052,000.00 39,487,531.00 18,625,000.00 59,164,531.00 Encumbered / Expended Amount 1,052,000.00 1,052,000.00 This item 34,766,637.10 34,766,637.10 Future Anticipated Expenditures 4,720,893.90 18,625,000.00 23,345,893.90 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Airport CIP Fund Grant, Airport 2012 Cl P; Seq. 2013-2014 CIP Nos. AV 6, 8, 9, 11 RECOMMENDATION: City Staff recommends the approval of the construction contract for the Base Bid and Additive Alternates 1 through 8 with Bay, Ltd. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Ordinance Page 1 of 2 Ordinance Ordinance appropriating $23,277,531 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 in the No. 3020 Airport Capital Improvement Fund for the following projects: 13/31 Runway Extension Displacement and Connecting Taxiway, 1,000 ft Extension Displacement and Connection of Taxiways, Expansion of the North GA Apron, Reconstruction of the East GA Apron, Reconstruction of the Air Carrier Taxilane, Extension of Taxiway F, and Runway 18-36, NAVIDS' Site Work and Installation of Gate 1013; changing the FY 2013-2014 Capital Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $23,277,531; and authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 — 8. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $23,277,531 from the Federal Aviation Administration Grant No. 3-48- 0051-050-2013 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That the FY 2013-2014 Capital Budget adopted by Ordinance 029565 is changed to increase revenues and expenditures by $23,277,531. SECTION 3. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $34,766,637.10 for the 13/31 Runway Extension Displacement and Connecting Taxiway Project for the Base Bid plus Additive Alternates 1 — 8. Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2014, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 2014, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 12014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Runway 13-31 Extension/Displacement Project No. E11047, E12156, El 2156A FUNDS AVAILABLE: Airport CIP Reserves (Estimated) $13,534,356.91 FAA CIP Grant 47 (Previously Awarded) $1,210,350.00 FAA CIP Grant $23,277,531.00 Future FAA Grant Funding (Pending Availability) $4,908,648.35 Total Funds Available $42,930,886.26 FUNDS REQUIRED: Construction: (Base Bid) Runway 13-31 $20,151,501.87 Additive Alternate 1 $4,191,522.83 Additive Alternate 2 $3,042,686.35 Additive Alternate 5 $2,413,477.70 Additive Alternate 8 $58,800.00 Total Construction Cost(Base Bid +Add Alt's No.1, No. 2, No. 5 No. 8 ) $29,857,988.75 Addtitive Alternate 3(Pending FAA Funding) $990,846.30 Additive Alternate 4 (Pending FAA Funding) $1,113,619.70 Additive Alternate 6 (Pending FAA Funding) $2,524,931.35 Additive Alternate 7 (Pending FAA Funding) $279,251.00 Total Construction Cost(Including Additive Alternates No.3, No,4, No.6,No.7) $34,766,637.10 Contingencies $3,476,663.71 Consultant Fees: Engineering Design Fees, This Project Only-(KSA Engineers, Inc.) $1,210,350.00 Construction Management& Materials Testing (Not to Exceed) $1,750,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $429,308.86 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $1,287,926.59 Misc. (Printing, Advertising, etc.) $10,000.00 TOTAL $42,930,886.26 ESTIMATED PROJECT BUDGET BALANCE ($0.00) • Original Contract approved by City Council May 17, 2011. • Geotechnical Investigation performed under KSA Contract • Construction Inspection to be performed under KSA Contract • Total KSA Contract Amount is$3,823,338.05 I G `F u n �/ �, ��. „ ,,.,,.,,,,,,, �f,. � I � � it i4�Y��P����P��i di�'4+����G�'�`l Nw ,�� I �h��� I i✓u( � � �I} ��f�, U I, -✓ Imad� le�l ��� , �� / 1 i I� / �Vu � / G PROJECT LOCATION Corpus Christi International Airport Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Runway 13-31 Extension/Displacement DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 Corpus Chr sti Capital Programs Runway 13-31 Extension / Displacement Council Presentation April 8, 2014 Project Scope Corpus Chr'sti Capital Programs PROJECT LOCATION Corpus Christi international Airport Runway 13-31 Extension/Displacement Project Schedule Corpus Chr sti Capital Programs May 2013 Aug Sep Oct Nov Dec 2014 2015 CI CI Apr CI CI CM Fe b Aug Sep Oct Nov Dec Feb Apr Bid/Award Project Estimate: 400 Calendar Days N 13 Months Projected Schedule reflects City Council award in April 2015 with anticipated construction completion in May2015. p p Project Budget Corpus Chr'sti Capital Programs FUNDS AVAILABLE: Airport CIP Reserves (Estimated) FAA CIP Grant47 (Previously Awarded) FAA CIP Grant Future FAA Grant Funding (Pending Availability) Total Funds Available $13,534,356.91 $1,210,350.00 $23,277,531.00 $4,908,648.35 $42,930,886.26 FUNDS REQUIRED: Construction: (Base Bid) Runway 13-31 $20,151,501.87 Additive Alternate 1 $4,191,522.83 Additive Alternate 2 $3,042,686.35 Additive Alternate 5 $2,413,477.70 Additive Alternate 8 $58,800.00 Total Construction Cost (Base Bid + Add Alt's No.1, No. 2, No. 5 No. 8) $29,857,988.75 Addtitive Alternate 3 (Pending FAA Funding) $990,846.30 Additive Alternate 4 (Pending FAA Funding) $1,113,619.70 Additive Alternate 6 (Pending FAA Funding) $2,524,931.35 Additive Alternate 7 (Pending FAA Funding) $279,251.00 Total Construction Cost (Including Additive Altemates No.3, No,4, No.6,No. $34,766,637.10 Contingencies $3,476,663.71 Consultant Fees: Engineering Design Fees, This Project Only- (KSA Engineers, Inc.) $1,210,350.00 Construction Management & Materials Testing (Not to Exceed) $1,750,000.00 Reimbursements: $1,727,235.45 TOTAL ESTIMATED PROJECT BUDGET BALANCE $42,930,886.26 ($0.00) US 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 xg Action Item for the City Council Meeting of April 22, 2014 DATE: March 23, 2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manager SThorpe(a7 cctexas.com 361.826.3898 Eddie Ortega, Director EddieO(a_cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyBp_cctexas.com 826.3021 Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. CAPTION: Ordinance authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. PURPOSE: The purpose of this agenda item is to execute a lease agreement with Brooks Chapel for the 1517 Winnebago location. BACKGROUND AND FINDINGS: Brooks Chapel AME Early Childhood Development Center, Inc. (Brooks Chapel) has requested a lease to be executed for the purpose of operating a childcare operation at 1517 Winnebago. The daycare will serve as a daycare facility of low and moderate income families at all times in accordance with the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) regulations and all local, state and federal requirements and law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the Ordinance. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council pass the presented Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance Authorizing the City Manager or designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of one year, with a four year renewal option. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a lease with the Brooks Chapel AME Church Early Childhood Development Center, Inc. ("Brooks Chapel") for City property located at 1517 Winnebago Street, for a term of one year, with a four year renewal option. The property is being leased to Brooks Chapel for child care programs being offered to eligible children of Corpus Christi in consideration of Brooks Chapel maintaining the property under the terms of the lease. SECTION 2. 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 of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor LEASE AGREEMENT ORIGINAL BETWEEN THE CITY OF CORPUS CHRISTI AND BROOKS CHAPE L CHILDHOOD DEVELOPMENT CENTER STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement("Lease")is entered into by and between the City of Corpus Christi,a Texas home-rule municipal corporation("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and Brooks Chapel AME Early Childhood Development Center Inc., a Texas nonprofit corporation("Lessee"). VI[HEREAS, the City is the owner of real property located at 1517 Winnebago Street, Corpus Christi, Nueces County, Texas; WIIEREAS, the Lessee has requested the use of the property for the purpose of operating a childcare operation subject to the terms,conditions, and covenants contained in this Lease; and WHERE AS, City desires to allow Lessee to use the property for this purpose. NOW,THEREFORE,the City and the Lessee,in consideration of the mutual promises and covenants contained in this Lease, agree as follows: Section I. Leased Property. The City leases to Lessee the Teal property located at 1517 Winnebago Street, Corpus Christi, Nucces County,Texas, also known by its legal description as Lots 9, 10, 11, 12 and 13, Block B, Diaz Addition, in Volume 1842,,Page 952 of the Deed Records of Nueces County,Texas ("Premises"). The Premises includes all improvements now existing and that may be constructed, with the City's permission, during the term of this Lease including,without limitation, the buildings,playground,and parking lot. Section 2.Effective Date of Lease. This agreement takes effect on date of last signature. This Lease will not be effective prior to final approval by the City's City Council. Section 3. Lease Term. The term of this Lease is for one year from its effective date, unless sooner terminated as set out herein.The Term of this Agreement may be extended for a period of four additional years for a total of five years.The option to extend the term is contingent upon the Lessee obtaining childcare licensure from the State of Texas. Should Lessee desire to exercise the option, Lessee must provide written notice to the City of its desire to exercise the option not less than 90 days prior to the expiration of the initial term of this Lease. Section 4. Lease Payment. In consideration of Lessee's agreement to maintain the Premises during the term of this Lease and such other consideration as is provided under this Lease, a Lease payment of ten dollars ($10.00)per year is due and payable on the effective date of this Lease and on that same date each succeeding year of this Lease. Section 5.Purpose of Lease. (A) The purpose of this Lease is to enable Lessee to operate a childcare business at the Premises for children of low and moderate income families.Lessee shall establish and maintain during the term of this Lease a childcare business,which is open to the public, and may not operate the Premises for any other purpose without the City Manager's prior written approval. (B) Lessee shall operate the Premises to further the primary objectives of Title 24, Code of Federal Regulations,Part 570,in accordance with the U. S. Department of Housing and Urban Development's Community Development Bloch Grant regulations. Section 5. Contact Person.For this Lease, the City's contact person and lease administrator is the Administrator of Community Development. Section 7.Utilities and Services. (A)Lessee shall pay for all utilities related to usage of the Premises,including garbage collection,water, gas, and sewage service,prior to the due date.Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. -(B).Lessee shall pay for any additional services that Lessee obtains at the Premises,such as telephone,cable,janitorial, and security services,prior to the due date.Failure to pay any service bill(s)prior to the due date constitutes grounds for termination of this Lease. Section S.Maintenance. (A) During the term of this Lease, Lessee shall maintain, at its sole expense, the exterior and interior of the Premises including,without limitation, the building,all fixtures and equipment, exterior walks and driveways,playground equipment, and all lawn,vegetation, and landscaping. Maintenance shall be of such quality as to maintain the Premises in a first-class condition to include,but not be limited to,painting and keeping in good repair the plumbing fixtures,light fixtures, air conditioning/heating equipment, and elevator,if the Premises contains an elevator. Any additional maintenance required during the term of this Lease is the sole responsibility of Lessee. (B) Lessee shall be responsible for cleaning the entire Premises and will supply paper goods and chemicals necessary for cleaning. Clean-up duties will consist of keeping the entire interior area clean within the standards of the Texas Department of Health, the Nueces County-City of Corpus Christi Health District,and all applicable laws and ordinances, as amended, of the State of Texas and the City,respectively,pertaining to childcare service operations. Clean-up tasks Page 2 of 11 will include,but are not limited to, keeping tables clean,cleaning up spilled food and drinks, and includes the removal of trash from the Premises and the placement of same trash in a trash receptacle. (C) The City shall maintain the utility lines serving the Premises,subject to sufficient annual budget appropriations. Section 9.Furniture,Fixtures, and Equipment. (A) Lessee is responsible for furnishing and equipping the Premises, and the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All personal property and trade fixtures furnished by or on behalf of Lessee will remain the property of Lessee,unless such personal property and trade fixtures are specifically donated to the City during the term of this Lease. (C) All capital construction at the Premises that may be undertaken by Lessee,with City's advance written approval, during the terra of the Lease will remain the property of the City. Section 10.Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that, in the operation of the business being conducted at the Premises and all programs offered by Lessee at the Premises,it will promptly comply with and fulfill all laws,ordinances,regulations,and rules of federal, State, County, City,and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Premises. Additionally, Lessee shall ensure that it meets all ordinances and regulations imposed by the City for the correction,prevention,and dbatement of nuisances or code violations in, or connected with, the Premises during the term of this Lease, at Lessee's sole expense. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all licenses and permits that may be required for Lessee's operations at the Premises. Lessee shall also bear the expense of meeting and complying with all health regulations and certificate of occupancy requirements applicable-to childcare operations. (C) Lessee shall comply with any other federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 11.Entry and inspection.The City reserves the right to enter the Premises at any reasonable time during the term of this Lease for the purpose of inspecting the same in order to determine whether the terms and conditions of this Lease are being observed and carried out by the Lessee including, but not limited to, provisions relating to exterior and interior maintenance. Section 12. Capital Improvements.The City may, from time to time, and in the City's sole discretion,undertake capital improvements to the Premises.Prior to commencing any capital improvements, the City shall notify Lessee,in writing,of the dates in which Lessee,shall be Page 3 of 11 required to vacate the Premises, should the City Manager deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 13.Relationship of Parties.This Lease establishes a landlord/tenant relationship and none other, and this Lease must be construed conclusively in favor of that relationship.In performing this Lease,both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers,partners,joint venturers, or associates of one another. The employees or agents of either party shall not be,nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 14.Insurance. (A) . Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit A, which is incorporated in this Lease by reference. Lessee shall use an insurance company acceptable to the City.Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit A,constitutes grounds for termination of this Lease. (B) The Certificate of Insurance must be sent to the City's.Risk Manager prior to occupancy of and operations at the Premises. The Certificate of insurance must provide that the City will have not less than thirty(30) days advance written notice of cancellation,intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the City's Risk Manager upon the written request of the City Manager. (D) The City retains the right to annually review the amount and types of insurance maintained by the Lessee, to require increased coverage limits, if necessary in the interest of the public's health,safety,or welfare, and to decrease coverage,if so warranted. In the event of any necessary increase, the Lessee will receive thirty(30)days written notice prior to the effective date of the requirement to obtain increased coverage. (E)Lessee shall,prior to any addition or alteration to, in,on,or about the Premises,obtain prior written clearance from the City's Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by the Lessee.This clearance is in addition to the prior consent required under Section 9 of this Lease. Section 15. Indemnity. (A) In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively,Indemnitees") Page 4 of 11 from and against any and all liability, loss, damages, claims, demands, suits, and-causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to'person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or'remotely, wholly or in part; (1) Lessee's performance pursuant to this Lease; (Z) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees;or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act,,or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the solemegligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees,which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. (S) Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any Idnd whatsoever arising from any said liability, injury, damage, loss, demand, claim, or action. Section 16.Alteratiens. (A) Lessee shall not make any alterations, additions,or improvements to,in,on,or about said Premises without the prior written consent of the City Manager. lessee must also obtain clearance from the City's Risk Manager as required by Section 14 above. (B) All approved alterations, improvements,and additions made by the Lessee upon said Page 5 of 11 Premises, although at Lessee's own expense, shall,if not removed by Lessee upon the expiration or termination of this Lease,become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal_if items are installed in such a manner as to become fixtures, such fixtures may not be removed by the Lessee upon expiration or termination of this Lase and become the property of the City. Section 17.Signs. (A) Lessee shall not exhibit,inscribe,paint, erect, or affix any signs, advertisements,notices, or other lettering("Signs") at,on,or about the Premises, or any part thereof,without the City Manager's prior written approval. (B) The City may require Lessee to remove,repaint, or repair any Signs allowed.If Lessee does not remove,repaint, 'Or repair the Signs within ten (10)days of the City Manager's written demand, the City may do or cause the work to be done, and Lessee will pay the City's costs within thirty(30)days of receipt of the City's invoice. If payment is not timely made, the City may terminate this Lease upon ten(10)days written notice to Lessee.Alternatively, the City may elect to terminate this Lease after ten(10) days written notice to Lessee. Section 18. Sublease and Assignment.Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City Manager, Lessee shall not in whole or in part, assign or transfer directly or indirectly any interest in this Lease unless prior written approval has been obtained from the City Manager. Section 19.Default. (A)Upon 30 days prior written notice to Lessee, the.City may, at its option, in addition to any other remedy or right hereunder or provided by law,terminate this Lease upon the occurrence of any of the following conditions ("Default"),provided that Lessee has not cured the Default prior to termination: (1) Failure to operate the Premises for the purposes set forth in this Leases,except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated.by this Lease. (2) Failure to maintain the Premises as set out in this Lease. (3) Failure to abate any nuisance specified in writing by the City within the time specified in writing by the City. (4) Failure to comply with any term of this Lease. (S) Failure to keep in force and effect the policies of general liability insurance, workers'compensation insurance, and other required insurances as specified under this Lease. Page 6 of 11 (6) Abandonment of the Premises in excess of 30 days. (7) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease. (B) Upon termination of this Lease for Default as herein provided or as may.be otherwise permissible by law, the City may enter the Premises and resume possession without being liable in trespass or for any damages.The foregoing rights and remedies given to the City are deemed to be cumulative of any other rights the City may have under law.The City's exercise of one right or remedy shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. Section 20. Notice. (A) All notices,demands, requests,or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i)by personal delivery; (ii)by deposit with the U. S.Postal Service as certified snail, return receipt requested,postage prepaid; (iii)by prepaid telegram; (iv)by deposit with an overnight express delivery service,for which service has been prepaid; or(v)by fax transmission. (B) Notice deposited with the U. S. Postal Service in the manner described above will be deemed effective two (2)business days after deposit with the U.S.Postal Service.Notice by telegram or overnight express delivery service will be deemed effective one (1)business day after transmission to the telegraph company or overnight express carrier.Notice by fax transmission will be deemed effective upon transmission with proof of delivery. (C)All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Brooks Chapel Early Childhood P.O.Box 9277 Development Center, Inc. Corpus Christi,Texas 78469-9277 1517 Winnebago Street Attn:Administrator, Comm.DeV. Corpus Christi,Texas 75401 (361)826-3186 Office (361)884-8861 Office (361)844-1740 Fax (361)884-3661 Fax Page 7 of 11 (D) Either party may change the address to which notice is sent by using a method set out above.Lessee shall notify the City of an address change within ten(10) days after the address is changed. Section 21.Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons,with regard to employment and the provision of services at,on,or in the Premises on the grounds of race,religion,national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas.The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 22.Modifications.No changes or modifications to this Lease may be made,nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 23.Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party,no matter how long the same may continue, shall not be deemed a waiver by said party of any of its rights hereunder.No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied,shall be taken to constitute a waiver of any subsequent breach of the covenant or condition,nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City.It is expressly understood that,if at any time Lessee is in default in any of its conditions or covenants hereunder,the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City,but City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default.Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 24. Force Majeure.No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including,without limitation, any delays or failures in performance caused by strikes,Iack outs,fires,acts of Cod or the public enemy, common carrier,severe inclement weather,riots or interference by civil or military authorities. Such delays or failures to perform shall extend the period of performance until these exigencies have been removed. Lessee shall inform. the City,in writing, of proof of such force majeure within three(3)business days or otherwise waive this right as a defense. Section 25. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises roust be surrendered, Page 8of11 upon the expiration or termination of this Lease in as good a condition as received, reasonable use and wear, acts of God,fire and flood damage or destruction where Lessee is without fault, excepted. Section 26.Enforcement Costs.In the event any legal action or proceeding is undertaken by the City to repossess the Premises,collect the Lease payment(s)due under this Lease; collect for any damages with regard to this Lease, to the Premises,or to in any way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys`fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 27.Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 28.Interpretation.This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts.Venue lies in Nueces County,Texas,where this Lease was entered into and will be performed. Section 29.Survival of Terms.Termination or expiration of this Lease for any reason shall not release�either party from any liabilities or obligations set forth in this Lease that the parties have expressly agreed shall survive any such termination or expiration, or remain to be performed, or (c)by their nature would-be intended to be applicable following any such termination or expiration. Section.30.Construction of Ambiguities.The parties expressly agree that they have each independently read and understood this Lease.Any ambiguities in this Lease shall not be construed against the drafter. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 32.Entirety Clause.This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted.All other agreements, promises, representations,and understandings, oral'or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions,promises,and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 33. Severability. If,for any reason, any section,paragraph,subdivision,clause,provision, phrase,or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said terns or Page 9 of 11 provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision,phrase, or word hereof be given full force and effect for its purpose. Section 34. Disclosure of interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B,the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUUPLICATE, each of which shall be considered an original, on the day of_ , 2014. LESSEE. BROOKS CHAPEL AME EARLY CHILDHOOD DEVELOPMENT CENTER, INC. Chanan & CEO Printed Name ps!�; 'n-o r Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2014, by Chairman & CEO of Brooks Chapel AME Early Childhood Development Center, Inc., a Texas nonprofit corporation, on behalf of the corporation. MONAKOSTER WELL S Notary Public, State of Texas MY COMMISSION EXPIRES Fehtuary2l,2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager APPROVED AS TO LEGAL FORM this day ofGlr 2014. Buck Brice Assistant City Attorney For the City Attorney Page 11 of 11 EXHIBIT A INSURANCE REOUiREMENTS I. LESSEE"S LIABILITY INSURANCE A. Lessee shall 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. B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk,Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE NIINIlVIUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate Commercial General Liability including: $1,00(1,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2.- Premises—Operations 3. Poducts/Completed Operations Hazard 4. Contractual Liability S. Broad Form Property Damage b. Independent Contractors 7. Sexual Abuse&Molestation PROPERTY INSURANCE Lessee shall purchase All—Peril Property Coverage to provide coverage for Real and Personal Property. WORKERS' COMPENSATION Which Complies With The Texas Workers' Compensation, And Paragraph 11 Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee 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.U.Box 9277 Corpus Christi,TX 78469-9277 (361)826-4555-Fax# D. Lessee agrees that with respect to the above required insurance, all insurance policies acre to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, fine 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. Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to discontinue sales/work hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 2014 Community Housing and Development Brooks Chapel Daycare —ins. reqs. 3/17/2014 ds Risk Management "Exhibit B" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Cixy o-[` Cntpus Christi 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". See definitions on next page. COMPANY NAME: STREET ADDRESS: P.O.BOX: CITY: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest»constituting 3% or more of the ownership in the above named"firm." Name ,fob Title and City Department(if known) A ter 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest»constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest'constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant'for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an'ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested;and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as change cur. Certifying Person: Title: Signature of Certifying Person: P1!6i� Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an Independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "Official."The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. a. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest Is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." 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. -11- Us 0 - AGENDA MEMORANDUM 4N First Reading Ordinance for the City Council Meeting of April 8, 2014 xg Second Reading Ordinance for the City Council Meeting of April 15, 2014 DATE: March 19, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP@cctexas.com (361) 826-3082 Appropriating Funds for Marketing and Co-Promotion Expenditures at the American Bank Center CAPTION: Appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. PURPOSE: The purpose of marketing/co-promotion funds for the American Bank Center Arena is to assist the Corpus Christi American Bank Center Arena (the "Arena") in promoting, retaining, securing, and hosting sports-related tenants, concerts, attractions, conventions, and other events at the ABC Arena that generate a positive economic impact for the City of Corpus Christi. Previously appropriated funding has been instrumental in securing nationally televised sporting events and high-profile concerts over the past year. American Bank Center and City staff request replenishment of this funding in the amount of $100,000 in order to continue securing noteworthy events at the American Bank Center. BACKGROUND AND FINDINGS: Marketing/Co-Promotion funding serves as valuable tool with which the American Bank Center management and City management are able provide an incentive in negotiations for high-profile events considering Corpus Christi as a location. Over the past year, six events were secured as a result of this incentive being available. The economic impact of each event to the city exceeded the Marketing/Co-Promotion incentive provided. On March 17, 2014, the Type A Board approved a motion to grant the additional $100,000. ALTERNATIVES: The alternative is to not approve additional dollars for Marketing/Co-Promotion. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request is for a continuation of a policy that has been previously approved by the Type A Board and City Council. EMERGENCY/ NON-EMERGENCY: This is a routing, non-controversial item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services Type A Board Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $125,000 $125,000 Encumbered / Expended Amount $120,000 $120,000 This item + $100,000 112Q.1-0-00 BALANCE $105,000 $105,000 Fund(s): Transfer from Arena Facility Fund to Visitors Facility Fund Comments: n/a RECOMMENDATION: Staff recommends approval of the $100,000 for Marketing/Co-Promotion funding to be utilized by the American Bank Center. LIST OF SUPPORTING DOCUMENTS: Ordinance—ABC Marketing Co-Promotion Funding Summary—ABC Marketing Co Promotion Events Page 1 of 2 Ordinance Appropriating $100,000 from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferring to and appropriating in the No. 4710 Visitors Facilities Fund for American Bank Center Marketing and Co-Promotion Expenditures; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase revenue by $100,000 and expenditures by $200,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $100,000 is appropriated from the unreserved fund balance in the No. 1130 Arena Facility Fund and transferred to and appropriated in the No. 4710 Visitors Facility Fund for American Bank Center Marketing and Co-Promotion Expenditures. SECTION 2. That the FY 2013-2014 operating budget adopted by Ordinance 029915 is amended to increase revenues by $100,000 and expenditures by $200,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Marketing CoPromotion Funding Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20147 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance-ABC Marketing CoPromotion Funding Americwftwk 0,CCNTFIke arena i, convention center I >e ena aL6torkjni Event Information for American Bank Center Arena Marketing Co- Promotion Special Event Funding Client: Leija/Battah Boxing (FOX) Date of Event: April 13, 2013 Type of Event: Live Televised Boxing Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Corpus Christi was awarded this fight over San Antonio. Client: Live Nation Concerts Date of Event: June 21, 2013 Type of Event: Tim McGraw Concert Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Client: Rocks Xtreme MMA Date of Event: September 7, 2013 Type of Event: Mixed Marital Arts Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Local promoter who has brought the facility six shows in the past year. Client: Icon Concerts Date of Event: September 21, 2013 Type of Event: Steve Trevino Comedy Special Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Show will be broadcast on HBO, Showtime or Netflix. Client: Top Rank HBO Boxing Date of Event: November 9, 2013 Type of Event: Live Televised Boxing Event Marketing/Co-Pro Funding: $15,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Event was broadcast live to 120 countries. Corpus Christi was awarded this event over El Paso, Dallas and Las Vegas. Client: Bookem Nano, LLC Date of Event: February 8, 2014 Type of Event: Alan Jackson Concert Marketing/Co-Pro Funding: $25,000 Net financial return to the City exceeded the Marketing/Co-Pro incentive amount granted. Ending balance of original funding = $5,000 SC c° AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 "`ORP°R�`° Action Item for the City Council Meeting of April 15, 2014 1852 Y 9 p DATE: April 8, 2014 TO: Ronald L. Olson, City Manager FROM: Constance Sanchez, Director of Financial Services constancep@cctexas.com 361-826-3227 Barney Knight, Interim City Attorney barneyk cctexas.com 361-826-3873 Bond Counsel Services CAPTION: Motion authorizing the City Manager to enter into an agreement with Fulbright & Jaworski, LLP of San Antonio, Texas to provide bond counsel services for the City of Corpus Christi. PURPOSE: Fulbright & Jaworski, LLP will serve as bond counsel for the purpose of providing legal opinions and advising the City of Corpus Christi (City) in matters pertaining to the issuance, approval, sale and delivery of, and other special issues that may arise regarding municipal bonds and other debt instruments authorized by the City. BACKGROUND AND FINDINGS: The agreement will be for five-year period and contains an option to extend upon mutual agreement of the parties. Pricing in connection with the issuance of bond obligations will be charged as a rate per $1,000 denomination increments of the obligation. The fees are "at-risk" in that fees are only paid in the event a successful transaction occurs. Hourly rates are applicable for counseling that falls outside normal bond obligation services at the designated rates for each attorney and staff member of the firm. The City issued a Request for Qualifications for bond counsel services in November of 2013. Seven qualification statements were received with three finalists chosen for interviews. Of the three finalists interviewed, Fulbright & Jaworski, LLP has been selected as the most qualified firm. They have worked well with the City over the past five years, have a diversified staff to handle any situation that may arise regarding bond counsel services and have initiated many strategies that have resulted in millions of dollars in savings for the City's taxpayers. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to City policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTALCLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Funding for these services is included in the costs associated with the issuance of the various obligations sold by the City. RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Evaluation Summary Letter of Agreement RFQ Evaluation Summary BI-0076-14 BOND COUNSEL SERVICES ...........................................................................................................................................-....................................................................-............................................................................................................................................. The City issued a Request for Qualifications (RFQ) under the guidelines provided for the selection of professional services. Seven responses were received. Three firms met the submittal requirements in the RFQ, were selected as finalists and interviewed. These finalists were then evaluated based on their qualifications and competence. The following firms responded to the Request for Qualifications. The comments denote the reason(s) firms were not selected as finalists. The three finalists are so noted. Firm Finalist Comments Andrews Kurth LLP No Sample municipal government documents not provided as required. Bracewell & Giuliani LLP Yes Haynes Boone No Sample municipal government documents not provided as required. LM Tatum PLLC No Submitted for bond co-counsel services in lieu of the bond counsel services solicited by the City. McCall Parkhurst Horton Yes Fulbright& 7aworski, LLP Yes Peck Shaffer& Williams LLP No Sample municipal government documents not provided as required. No Texas municipal government experience. NORTON ROSE FULBRIGHT April 22, 2014 Fulbright&Jaworski LLP 300 Convent Street,Suite 2100 San Antonio,Texas 78205-3792 United States Direct line+1 210 270 7102 Honorable Nelda Martinez clayton.binford @nortonrosefulbright.com Mayor City of Corpus Christi, Texas Tel+1 210 224 5575 1201 Leopard Street Fax+1210 270 7205 Corpus Christi, Texas 78401 nortonrosefulbright.com Re: Engagement to Provide Bond Counsel Services to the City of Corpus Christi, Texas (the City) in Connection with the City's Request for Qualifications to Provide Bond Counsel Services (File No. I-0076-14), dated November 15, 2013 (the Request) Dear Mayor Martinez: This letter is prepared in response to the City's selection of Fulbright& Jaworski LLP (the Firm) to serve as its Bond Counsel, pursuant to the process represented by the Request. As provided herein, this letter incorporates by reference the Request, as well as the Firm's response to the Request, dated December 18, 2013 (the Response). The Request and the Response are attached hereto as Exhibits A and B, respectively. This letter confirms that we will represent the City as its Bond Counsel (the Representation), in the manner described in the Request [and which includes rendering bond counsel services to the City in connection with the issuance of any debt instrument or certain other obligations (the Obligations) by the City or any non-profit corporation created by the City (subject to approval by any such non-profit corporation, to the extent that such approval is required), as well as any third party debt issuance whose repayment obligations the City has agreed to provide by contract all or a part thereof, and other matters incidental or related to the administration of the City's debt portfolio (such representations, collectively, the Matter)]. It is our understanding that this engagement is for a five year initial term, with an option to extend this term to be exercised at the sole discretion of the City This letter shall set forth our agreement with respect to the terms of the Representation. Our acceptance of the Representation becomes effective upon the execution and return of the enclosed copy of this letter. As Bond Counsel to the City, we will represent the City's interests in regard to the Matter. Although we will endeavor to achieve satisfactory Matter results, it is understood that we make no promises or guarantees concerning the outcome of any particular transaction and cannot do so. Our representation of the City as its Bond Counsel will include provision of the services necessary to accomplish the "Scope of Work" specified in the Request. Assuming that the City can make certain representations, we will render our Finn's standard bond counsel (or"market") opinion concerning the validity and enforceability of a series of obligations issued by the City (or on its behalf by a non-profit„ City-sponsored corporation) and, to the extent necessary, the exemption of interest for federal income tax purposes to the holders of such obligations. Fulbright&Jaworsk LLP is a limited liabEty partnership registered under the laws of Texas. 481843524 Fulbright&JaworsW LLP,Norton Rose Fulbright LLP, Norton Rose FulbNght Australia,Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa(incorporated as Deneys Reitz, Inc,)%each of which is a separate legal!entity,are members of Norton Rose Fulbright Verein,a Swiss Verein, Details of each entity,wYth certain regulatory information,are at nononrosefulbright cam Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services 10 clients Mayor Nelda Martinez NORTON ROSE FULB I HT April 22, 2014 Page 2 Terms of Engagement This letter sets out the terms of our engagement in the Representation. Certain of those terms are included in the body of this letter, and additional terms are contained in the attached document, entitled Additional Terms of Engagement. That document is expressly incorporated into this letter, and it should be read carefully. The execution and return of the enclosed copy of this letter constitutes an unqualified agreement to all the terms set forth in this letter and in the attached Additional Terms of Engagement. It is understood and agreed that our engagement is limited to the Representation. We are not being retained as general counsel, and our acceptance of this engagement does not imply any undertaking to provide legal services other than those set forth in this letter. Our Personnel Who Will Be Working on the Matter As provided in the Response, I, Clay Binford, will serve as the Firm's primary contact with the City for the Matter. Other Firm personnel, including Firm lawyers and paralegals (being, primarily, those persons identified in the Response) will participate in the Representation if, in my judgment, their participation is necessary or appropriate. City personnel may call, write, or e-mail me whenever there are any questions about the Representation. Our Legal Fees and Other Charges In connection with the issuance of Obligations, our fee will be based upon the scale attached hereto as Exhibit C and incorporated by reference for all purposes (the Scale), plus reimbursement for reasonable expenses as described below. Our fees and expenses are payable out of proceeds from the sale of the Obligations, and are contingent upon the sale of the Obligations. There will be no additional fees for time spent and resources allocated to (i) responding to or participating in pre-financing inquiries and discussions concerning transaction structure, pricing, or related matters; (ii) post-issuance compliance questions posed by the representatives of the City concerning any Obligations and necessary action in response thereto; or (iii) other routine discussions with, and services rendered in response to questions posed by, City representatives that are usual and customary in a comprehensive bond counsel relationship or that relate to the expenditure of public funds (being, in general, the "Scope of Work" identified in the Response). For any work that (i) is beyond the "Scope of Work" identified in the Response, (ii) requires our Firm to represent the City in front of any court, tribunal, or regulatory or legislative body (excluding the Texas Attorney General's Office in connection with a routine review and approval of any series of Obligations, the Texas Water Development in connection with its purchase of a series of Obligations, or the Internal Revenue Service in connection with an initial response to a routine (and not targeted) examination request concerning a series of Obligations), or (iii) is related to novel financings (meaning financings that, to our knowledge, have not been successfully completed in the State of Texas by a political subdivision) undertaken at the specific request of the City, our fees are based on the time spent by the attorneys and the paralegal personnel who work on the Matter, subject to and in accordance with the provisions of 46184352.4 Mayor Nelda Martinez NORTON ROSE FULBRIGHT April 22, 2094 Page 3 Exhibit D hereto. The Firm shall undertake no activities that will result in additional billing outside of the amounts prescribed by the Scale without the prior written direction (which may be in an electronic format) of the City's Director of Financial Services and the City Attorney. In addition to our fees for rendering professional services, our statement will include other charges for expenses and services incurred incident to the performance of our legal services, such as delivery charges, travel expenses, Texas Attorney General's filing fee, transcript preparation costs, overtime for secretaries and other non-legal staff, specialized computer applications such as computerized legal research and filing fees. A copy of the Firm's current recharge schedule, which is subject to change from time to time, is attached hereto as Exhibit E. It is not our policy to make any profit on any of these other expenses and services. Our invoices will reflect the cost to us of the products and services. In some situations, the actual cost of providing the product or service is difficult to establish, in which case we will use our professional judgment on the charges to be made. In some situations, we can arrange for ancillary services to be provided by third parties with direct billing to the City. Representation of Others; Conflicts of Interest Before accepting the Representation, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest that would bar our Firm from representing the City in the Matter. Based on the information available to us, we are not aware of any potential disqualification, except as disclosed in the Response. We reviewed that issue in accordance with the rules of professional responsibility adopted in Texas. We believe that those rules, rather than the rules of any other jurisdiction, are applicable to the Representation; and the execution and return of the enclosed copy of this letter by the City represents an express agreement to the applicability of those rules. You understand that we represent many investment banking firms, commercial banks, and other parties to public finance transactions from time to time in connection with other issues, including the City's financial advisors and potential underwriters for your securities, and you do not object to our continued representation (in connection with other issues) of any such firm with respect to which you choose to do business in connection with issuance of the Obligations, since doing so is how we are able to gain the experience we need to complete the Matter in an effective and efficient manner. If a controversy arises between you and any other client of our Firm, we, after taking into account the rules of professional ethics applicable to us, may decline to represent either you or such other client or both you and such other client Conclusion This letter and the attached Additional Terms of Engagement constitute the entire terms of the engagement of the Firm in the Representation. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by further written agreement signed both by the City and the Firm. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either the City or the Firm. 46134352.4 Mayor Nelda Martinez NORTON ROSE FULBRIGHT April 22, 2014 Page 4 Please carefully review this letter and the attached Additional Terms of Engagement. If there are any questions about these terms of engagement, or if these terms are inaccurate in any way, please let me know immediately. If both documents are acceptable, please sign and return the enclosed copy of this letter so that we may commence the Representation. Very my ur C �fo CSB 4 Attachment City of Corpus Christi, Texas Agrees to and Accepts this Letter and the Attached Terms of Engagement: CITY OF CORPUS CHRISTI„ TEXAS By: Title: Date: 46184352..4 FULB IGHT&JAWORSKI LLP Additional Terms of Engagement This is a supplement to our attached engagement letter. The purpose of this document is to set out additional terms of our agreement to provide the Representation described in our engagement letter concerning the Matter. Because these additional terms of engagement are a part of our agreement to provide legal services, the City should review them carefully and should promptly communicate to us any questions concerning this document. We suggest that the City retain this statement of additional terms along with our engagement letter and any related documents. The Scope of the Representation We will perform all usual and necessary legal services as Bond Counsel. Specifically, we will prepare and direct legal proceedings and perform other necessary legal services with reference to the issuance of Obligations, including, but not limited to, the following: 1. Prepare all instruments pursuant to which the Obligations will be authorized, issued, secured, sold, and delivered in consultation with the City's staff, the City Council, and other officials and consultants of the City. 2. Attend meetings of the City Council and meetings with the City staff to the extent required or requested. 3. Cooperate with the City and its consultants in the preparation of official statements, or other securities laws disclosure documents, if any, including review of the information therein describing the Obligations, the security therefor, and the federal income tax status thereof, if applicable. 4. Attend meetings with prospective bond purchasers, and meetings with any rating agencies or credit enhancers to the extent requested or required. 5. Supervise the printing, execution, and delivery of the Obligations to the purchasers. 6. When so desired, render an opinion covering the validity of the Obligations under Texas law, the defeasance of refunded obligations, if any and as required, and tax exempt status of the interest on the Obligations under federal income tax laws. 7. As requested by the City, provide follow-up advice concerning subjects including, without limitation, such as arbitrage and rebate matters and the application of Obligation proceeds. As lawyers, we undertake to provide representation and advice on the legal matters for which we are engaged. It is important for our clients to have a clear understanding of the legal services that we have agreed to provide. Thus, if there are any questions about the scope of the Representation that we are to provide in the Matter, please raise those questions promptly, so that we may resolve them at the outset of the Representation. Any expressions on our part concerning the outcome of the Representation, or any other legal matters, are based on our professional judgment and are not guarantees. Such expressions, even when described as opinions, are necessarily limited by our knowledge of the facts and are based on our views of the state of the law at the time they are expressed. 45184352.4 - 1 - Upon accepting this engagement on the City's behalf, the Firm agrees to do the following: (1) provide legal counsel in accordance with these terms of engagement and the related engagement letter, and in reliance upon information and guidance provided by the City; and (2) keep the City reasonably informed about the status and progress of the Representation. To enable us to provide effective representation, the City agrees to do the following: (1) disclose to us, fully and accurately and on a timely basis, all facts and documents that are or might be material or that we may request, (2) keep us apprised on a timely basis of all developments relating to the Representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with us. Our Firm has been engaged to provide legal services in connection with the Representation in the Matter, as specifically defined in our engagement letter. After completion of the Representation, changes may occur in the applicable laws or regulations that could affect the City's future rights and liabilities in regard to the Matter. Unless we are actually engaged after the completion of the Representation to provide additional advice on such issues, the Firm has no continuing obligation to give advice with respect to any future legal developments that may pertain to the Matter. It is our policy and the City's agreement that the person or entity that we represent is the one identified in our engagement letter, and that our attorney-client relationship does not include any related persons or entities. For example, if a corporation, partnership, or other organization is identified as our client in our engagement letter referenced above, we do not represent any related parent companies, subsidiaries, affiliates, employees, officers, directors, shareholders, partners, members, commonly owned corporations or partnerships, or other such persons, entities, or affiliates, whether becoming such by virtue of merger, dissolution, acquisition, or any other means. Accordingly, it is understood that we may represent another client with interests adverse to any such affiliated or related person or entity without first obtaining consent from the City. It is further agreed that the attorney-client relationship terminates upon our completion of the services for which we have been retained in the Representation. Who Will Provide the Legal Services As our engagement letter confirms, the Firm will represent the City in the Matter. The Firm is a registered limited liability partnership under Chapter 152 of the Texas Business Organizations Code. Although our Firm will be providing legal services, each client of the Firm customarily has a relationship principally with one attorney, or perhaps a few attorneys. At the same time, however, the work required in the Representation, or parts of it, may be performed by other Firm personnel, including lawyers and paralegals. Such delegation may be for the purpose of involving other Firm personnel with experience in a given area or for the purpose of providing services on an efficient and timely basis. Communications and Confidentiality We have available Internet communication procedures that allow our attorneys to use e-mail for client communications in many instances. Accordingly, unless the City specifically directs us otherwise, we may use unencrypted e-mail sent on the Internet to communicate with the City and to send documents we have prepared or reviewed. 461 84392.4 - 2- We recognize our obligation to preserve the confidentiality of attorney-client communications as well as client confidences, as required by the governing rules of professional responsibility. If the Matter involves transactions, litigation or administrative proceedings or like proceedings in which our Firm appears as counsel of record for the City in publicly available records, we reserve the right to inform others of the fact of our representation of the City in the Matter and (if likewise reflected of record in publicly available records) the results obtained, unless the City specifically directs otherwise. Fulbright & Jaworski LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc.), each of which is a separate legal entity, are member firms in Norton Rose Fulbright Verein, a Swiss verein organization that does not itself provide legal services to anyone. Fulbright & Jaworski LLP and the other member firms in the verein share non-privileged information about our respective clients for research, practice management, training and administrative purposes as a means of enhancing the quality and breadth of the services we are able to provide our clients; and, unless you direct us otherwise, we will share non-privileged information about you with those other member firms. Confidentiality agreements among the firms are in place to ensure maintenance of confidentiality with respect to such shared information. Disclaimer The Firm has made no promises or guarantees to the City about the outcome of the Representation or the Matter, and nothing in these terms of engagement shall be construed as such a promise or guarantee. Termination Our representation may be terminated prior to the conclusion of the Matter by either of us by written notice to the other party. We are subject to the codes or rules of professional responsibility for the jurisdictions in which we practice. There are several types of conduct or circumstances that could result in our withdrawing from representing a client, including, for example, the following: non-payment of fees or charges; misrepresentation or failure to disclose material facts; fraudulent or criminal conduct; action contrary to our advice; and conflict of interest with another client. The right of the Firm to withdraw in such circumstances is in addition to any rights created by statute or recognized by the governing rules of professional conduct. Further, a failure by the City to meet any obligations under these terms of engagement shall entitle us to terminate the Representation. We try to identify in advance and discuss with our clients any situation that may lead to our withdrawal. Termination of the Representation will not affect the City's obligation to pay for legal services rendered and expenses and charges incurred before termination, as well as additional services and charges incurred in connection with an orderly transition of the Matter. Further, in the event of termination of the Representation, the City will take all steps necessary to release the Firm of any further obligations in the Representation or the Matter, including without limitation the execution of any documents necessary to effectuate our withdrawal from the Representation or the Matter. 48194352.4 Document Retention At the close of any Matter, we send our files in that matter to a storage facility for storage at our expense. The attorney closing the file determines how long we will maintain the files in storage. After that time, we will destroy the documents in the stored files. At the conclusion of the Representation, we return to the client any documents that are specifically requested to be returned. As to any documents so returned, we may elect to keep a copy of the documents in our stored files. Standards of Professionalism and Attorney Complaint Information Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are to advise our clients of the contents of the Texas Lawyer's Creed, a copy of which is attached. In addition, we are to advise clients that the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled Attorney Complaint Information is available at all of our Texas offices and is likewise available upon request. A client that has any questions about State Bar's disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1-800-932-1900 toll free. 46184352A THE TEXAS LAWYER'S CREED — A MANDATE FOR PROFESSIONALISM The Texas Supreme Court Texas Court of ri r I Appeals adopted this r eed, with the requirement lawyers vi it clients of its contents when undertaking representation. I am a lawyer; 1 am entrusted by the People of Texas to preserve when hearings, depositions, meetings, conferences or closings are and improve our legal system. I am licensed by the Supreme Court canceled. I will agree to reasonable requests for extensions of time of Texas. I must therefore abide by the Texas Disciplinary Rules of and for waiver of procedural formalities, provided legitimate Professional Conduct„ but I know that Professionalism requires objectives of my client will not be adversely affected. I will not serve more than merely avoiding the violation of laws and rules. I am motions or pleadings in any manner that unfairly limits another committed to this Creed for no other reason than it is right, party's opportunity to respond. I will attempt to resolve by I. LEGAL Ala lawyer owes to the administration of agreement y objections to matters contained in pleadings and discovery requests and responses. I can disagree without being justice personal dignity, integrity, and independence. A lawyer disagreeable. I recognize that effective representation does not should always adhere to the highest principles of professionalism I require antagonistic or obnoxious behavior. I will neither encourage m passionately proud of my profession.Therefore, y word is my nor knowingly permit my client or anyone under my control to do bond." I am responsible to assure that all persons have access to anything which would be unethical or improper if done by me. 1 will competent representation regardless of wealth or position in life, I not, without good cause, attribute bad motives or unethical conduct commit myself to an adequate and effective pro bond program. I am to opposing counsel nor bring the profession into disrepute by obligated to educate my clients, the public, and other lawyers unfounded accusations of impropriety. I will avoid disparaging regarding the spirit and letter of this Creed, I will always be personal remarks or acrimony towards opposing counsel, parties conscious of my duty to the judicial system, and witnesses, I will not be influenced by any ill feeling between II. LAWYER TO CLIENT. A lawyer owes to a client allegiance, clients. I witl abstain from any allusion to personal peculiarities or learning, skill, and industry. A lawyer shall employ all appropriate idiosyncrasies of opposing counsel. I will not take advantage, by means to protect and advance the client's legitimate rights,, claims: causing any default or dismissal to be rendered,when I know the and objectives A lawyer shall not be deterred by any real or identity of an opposing counsel, without first inquiring about that imagined fear of judicial disfavor or public unpopularity, nor be counsel's intention to proceed. I will promptly submit orders to the influenced by mere s lf,int r st. I will advise my client of the Court. I will deliver copies to opposing counsel before or contents of this Creed when undertaking representation. I will contemporaneously with submission to the court, I will promptly endeavor to achieve my client's lawful objectives in legal approve the form of orders which accurately reflect the substance of transactions and in litigation as quickly and economically as the rulings of the Court. I will not attempt to gain an unfair possible. I will be loyal and committed to my client's lawful advantage by sending the Court or its staff correspondence or objectives, but I will not permit that loyalty and commitment to copies of correspondence. I will not arbitrarily schedule a deposition, interfere with my duty to provide objective and independent advice I Court appearance, or hearing until a good faith effort has been will advise my client that civility and courtesy are expected and are made to schedule it by agreement. I will readily stipulate to not a sign of weakness. 1- will advise my client of proper and undisputed facts in order to avoid needless costs or inconvenience expected behavior, I will treat adverse parties and witnesses with for any party. I wilt refrain from excessive and abusive discovery. I fairness and due consideration.A client has no right to demand that will comply with all reasonable discovery requests. I will not resist I abuse anyone or indulge in any offensive conduct. I will advise my discovery requests which are not objectionable. I will not make client that we will not pursue conduct which is intended primarily to objections nor give instructions to a witness for the purpose of harass or drain the financial resources of the opposing party. I will delaying or obstructing the discovery process. 1 will encourage advise my client that we will not pursue tactics which are intended witnesses to respond to all deposition questions which are primarily for delay. 1 will advise my client that we will not pursue any reasonably understandable. I will neither encourage nor permit my course of action which is without merit. I will advise my client that I witness to quibble about words where their meaning is reasonably reserve the right to determine whether to grant accommodations to clear.. 1 will not seek Court intervention to obtain discovery which is opposing counsel in all matters that do not adversely affect my clearly improper and not discoverable. I will not seek sanctions or client's lawful objectives. A client has no right to instruct me to isqualificalion unless it is necessary for protection of my client's refuse reasonable requests made by other counsel. I will advise my lawful objectives or is fully justified by the circumstances. client regarding the availability of mediation, arbitration, and other IV. LAWYER AND JUDGE. Lawyers and judges owe each other alternative methods of resolving and settling disputes respect,diligence,, candor, punctuality,and protection against unjust III. LAWYER TO LAWYER.A lawyer owes to opposing counsel, in and improper criticism and attack. Lawyers and judges are equally the conduct of legal transactions and the pursuit of litigation, responsible to protect the dignity and independence of the Court courtesy, candor, cooperation, and scrupulous observance of all and the profession. I will always recognize that the position of agreements and mutual understandings. III feelings between clients Judge is the symbol of both the judicial system and administration shall not influence a lawyer's conduct, attitude,or demeanor toward of justice. I will refrain from conduct that degrades this symbol. I will opposing counsel. A lawyer shall not engage in unprofessional conduct myself in court in a professional manner and demonstrate conduct in retaliation against other unprofessional conduct. I will be my respect for the Court and the law. I will treat counsel, opposing courteous, civil, and prompt in oral and written communications, I parties,,the Court,and members of the Court staff with courtesy and will not quarrel over matters of form or style,but I will concentrate on civility. I will be punctual. I will not engage in any conduct which matters of substance. I will identify for other counsel or parties all offends the dignity and decorum of proceedings. I will not knowingly changes I have made in documents submitted for review I will misrepresent, miscaractriz , misquote or miscite facts or attempt to prepare documents which correctly reflect the agreement authorities to gain an advantage. I will respect the rulings of the of the parties. I will not include provisions which have not been Court I will give the issues in controversy deliberate, impartial and agreed upon or omit provisions which are necessary to reflect the studied analysis and consideration, I will be considerate of the time agreement of the parties. I will notify opposing counsel, and, if constraints and pressures imposed upon the Court,Court staff and appropriate, the Court or other persons, as soon as practicable counsel in efforts to administer justice and resolve disputes. 46164352.4 - ,5 EXHIBIT A City's Request for Qualifications to Provide Bond Counsel Services (File No. BI-0076-14) 46164352,4 - 1 EXHIBIT C Bond Counsel Fee Scale* Principal Amount of Obligations Obligations* (per$1,000 denomination) $0- $10,000,000 $1.2500 $10,000,001-$25,000,000 $1.1250 $25,000,001 - $50,000,000 $0.8750 $50,000,001 - $100,000,000 $0.7500 $100,000,001 - $200,000,000 $0.6250 Over$200,000,000 $0.5000 *This scale will be increased by 20% for the issuance of any refunding Obligations and provides for a minimum fee of $15,000 for the issuance of any Obligations. In addition, the City will authorize an amount not to exceed $5,000 to our Firm for additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly billing rates. *Variable Rate Obligations (without third-party liquidity) will be billed at our standard fee scale, plus $25,000; remarketings of outstanding variable rate Obligations to new variable rate term periods or fixed rate conversions will be billed at 50% of our standard fee schedule (plus $5,000 for additional federal income tax expertise in the event that any such remarketing or conversion results in a reissuance of Obligations under federal tax law). *To the extent that our Firm is responsible for preparing the offering documents relating to the issuance or remarketing of any Obligations, an additional fee of $7,500 will be charged. "This fee scale is not applicable if the Obligations are issued in a variable rate mode (except as described above), are further secured with a liquidity facility, and/or involve the utilization of any derivative products, are issued by a non-profit corporation created by the City, or are issued in connection with an economic development financing, including a TIRZ or other similar financing. *This fee schedule is applicable to the following types of Obligations: general obligation bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness. 46164352,4 - I EXHIBIT D Hourly Fee Schedule This schedule relates to matters that are unrelated to or are not anticipated to result in the issuance of a series of Obligations. Generally, our hourly billing rates for domestic offices range from $390 to $700 for partners, from $310 to $485 for senior associates, from $350 to $580 for senior counsel; from $175 to $525 for counsel; from $185 to $350 for associates; from $950 to $350 for patent agents; from $390 to $700 for of counsel; from $90 to $250 for paralegals; and $155 to $255 for senior paralegals. Work performed by paralegals will be charged at rates ranging from $140 to $215 an hour. Billing rates for both attorneys and paralegal personnel are reviewed annually and generally are revised at the beginning of each year to reflect an attorney's and paralegal's increased experience level. The foregoing hourly billing rate schedule was included in our Firm's Price Submittal, dated as of December 18, 2013, delivered to the City in response to the Request. Our Firm will charge for all time spent in representing your interests, including, by way of illustration, telephone and office conferences with you and your representatives, opposing counsel, and others; conferences among our attorneys and paralegal personnel; factual investigation, if needed; legal research; responding to your requests for us to provide information to you or your auditors; contract review and negotiation; drafting letters and other documents and travel, if needed. With respect to fees and charges billed on an hourly basis, and unless an alternative fee arrangement is agreed to at the time of authorization by the City Attorney and the City's Director of Financial Services of a Matter subject to billing outside of the Scale, the Firm will not immediately submit an invoice (nor will such amounts immediately become due for payment); however, our Firm will provide to the City Attorney's office, on a quarterly basis, a statement indicating the amount of accrued time for services rendered and at such time unpaid. At the time of the City's next occurring issuance of a series of Obligations, the City shall, with respect to those outstanding fees and charges having a sufficient nexus to such series of Obligations to allow payment thereof as an authorized use of the proceeds of those Obligation (such sufficient nexus to be determined by mutual agreement of our Firm and the City Attorney), include a line item, in addition to the regular Bond Counsel fee owed by application of the Scale attached hereto as Exhibit C to such series of Obligations, for payment of those fees and charges. Our Firm will then, at such time, separately bill the City for any remaining fees and charges, to be paid by the City from other lawfully available funds. As an accommodation to the City, and for the term of the Representation, our Firm will, with respect to each novel financing (if any) of the type described in the engagement letter, provide to the City a credit equal to $5,000 to be applied against these hourly charges prior to their payment from lawfully available City funds (including the proceeds of any series of Obligations). 46184352.4 - 1 EXHIBIT E FULBRIGHT&JAWORSKI LL (San Antonio) Expenses and Services Summary PESE/SEVICE CHARGE Binding N/A (Pricing varies in other office locations) Data Base Research Lexis, Westlaw, Information America Costs allocated by the Firm Deliveries Overnight/Express Direct Cost Outside Courier Direct Cost In-House N/A Courthouse Messengers (Pricing varies in other office locations) $40.00/Hour plus Transportation (Pricing varies in other office locations) Duplicating Photocopy $0.15 per page Color photocopy $0.85 per page Microfilm/Microfiche $0.50 per page V'ideography (duplication) $5.00/tape plus$20.00/duplication Electronic Mail (via Internet) No Charge Library Research by Library Staff $130.00 per hour Weekend & Late Evening Air Conditioning NIA (Pricing varies in other office locations) Postage Direct Cost on any item or group of items which cost$1.00 or more Secretarial Overtime $28.00 per hour (Pricing varies in other office locations) Telephone Long Distance (Domestic) $0.30 per minute Long Distance (International) 80% of direct dial rate File Storage Retrieval NIA (Pricing varies in other office locations) 46184352.4 - 1 EXPENSE/SERVICE CHARGE Transportation Mileage (personal automobile) Applicable IRS allowable rate per mile Lodging Direct Cost Meals Direct Cost Car Rental/Airline/Rail/Etc, Direct Cost CD-ROM Research $30.00-$50.00 per Search (rate varies based on length of search) Graphic Arts $150:00 - $175.00 per hour, plus direct cost of supplies Practice Support $200.00 per gigabyte per month E-Discovery Direct Cost Firm hosting of on-site document review $10.00 per hour performed by outside contract attorneys 46184352.4 E,- se Ak o 0ONVO%11 AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of April 8, 2014 Action Item for the City Council Meeting of April 22, 2014 DATE: March 20, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 FROM: Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886-2603 Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Resolution Police Vehicle Impound Yard and Garage Phase 2 Forensics Building CAPTION: Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. PURPOSE: To seek City Council approval authorizing the City Manager, or designee, to proceed with construction of forensics building portion of the Project at an alternate, more suitable and less costly location. BACKGROUND AND FINDINGS: Proposition 7 of Bond 2012 authorizes the design and construction of the Vehicle Impound Yard and Garage Phase 2, which was originally proposed as "an expansion of the current vehicle impound lot, including a 3,000 square feet forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes". The forensics building portion of the Project would be placed on the unimproved portion of the site. Staff has reviewed the preliminary design work and found that to place the forensics building portion of the Project on the unimproved portion of the site, as was originally envisioned, would require large utility installation cost and a larger than normal engineering and construction effort. Due to the site's history as a landfill, the Texas Commission on Environmental Quality requires very specific construction methods for any building on the site, including a 2-feet air gap between the existing grade and the foundation of the building, which would require the garage floor to be suspended instead of on-grade. Construction of this type would cost substantially more at this location therefore, staff recommends placing the new forensics building at the location of the old vehicle impound lot located at the City's Service Center. To design and construct the forensics building or garage portion of the Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Project (Project) at its originally proposed location would be unwise, unnecessary, and costly. The City Manager or designee is authorized to proceed with the design and construction of the Project, and any portion thereof, using alternate, more suitable locations that would accomplish the intent of the Project. This authorizes the placement of the new forensics building on the site of the old vehicle impound lot located at the Service Center. ALTERNATIVES: Do not provide authority to proceed with construction of forensics building portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project. CONFORMITY TO CITY POLICY: The Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $350,000.00 $175,000.00 $525,000.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $350,000.00 $175,000.00 $525,000.00 Fund(s): CIP Bond 2012 Proposition No. 7 Public Safety Improvements, Sequence No. 1 Comments: N/A. RECOMMENDATION: Passage of the Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Resolution Resolution determining that to construct a portion of the Police Vehicle Impound Yard and Garage Phase 2 — a Bond 2012 Project (Project) at its originally proposed location would be unwise and unnecessary; authorizing the City Manager or designee to proceed with construction of forensics building portion of the Project at an alternate, more suitable, and less costly location. WHEREAS, Proposition 7 of Bond 2012 authorizes the design and construction of the Vehicle Impound Yard and Garage Phase 2 (the "Project"), which was originally proposed as "an expansion of the current vehicle impound lot, including a 3,000 sq. ft. forensics garage for investigative work on vehicles and holding area for vehicles involved in crime scenes"; WHEREAS, the forensics building portion of the Project would be placed on the unimproved portion of the site. WHEREAS, staff has reviewed the preliminary design work and found that to place the forensics building portion of the Project on the unimproved portion of the site, as was originally envisioned, would require large utility installation cost and a larger than normal engineering and construction effort. WHEREAS, due to the site's history as a landfill, TCEQ requires very specific construction methods for any building on the site, including a 2' air gap between the existing grade and the foundation of the building, which would require the garage floor to be suspended instead of on- grade. WHEREAS, due to the larger than normal and substantially more costly engineering and construction efforts that would be required if the forensics building portion of the Project were to be built on the originally proposed site, staff recommends placing the new forensics building at the location of the old vehicle impound lot located at the Service Center. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. To design and construct the forensics building or garage portion of the Police Vehicle Impound Yard and Garage Phase 2 Bond 2012 Project (Project) at its originally proposed location would be unwise, unnecessary, and unnecessarily costly. SECTION 2. The City Manager or designee is authorized to proceed with the design and construction of the Project, and any portion thereof, using alternate, more suitable locations that would accomplish the intent of the Project. This authorizes the placement of the new forensics building on the site of the old vehicle impound lot located at the Service Center. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor KAEngineering DataExchange\VELMAP\POLICE\5249 VEHICLE IMPOUND FACILITY\FORENSICS BUILDING\Resolution- Vehicle Impound Yard Phase 2 Forensics Building.docx Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott KAEngineering DataExchange\VELMAP\POLICE\5249 VEHICLE IMPOUND FACILITY\FORENSICS BUILDING\Resolution- Vehicle Impound Yard Phase 2 Forensics Building.docx y y da, " � �/u�r�✓�' il r G � r���� 9 �/Ar i VI f r 711/ k��r��j/ /jar 4 ✓,//� � f // �� /P '!i/f����%/��j�✓�� r �r, ,,,,,,,,, � y "� � � Diu �r��� 1%j� l�i�ivr ..; �N ✓1�'r/oi/�^ E �' r /✓�� y r✓,Dii �� ,'G. �,JS a 9 Sri/ H„G J/:r✓/r�G i�/ r f f /� .SG.,.µ, IIII ��i NCI r / ORIGINAL *� f PROPOSED �1,, r %,� LOCATION I / " ,r " � � (>p '°r �r �S N� al rid �fJ �Jj J�/jrirr�✓��r�r/ / d i � 9 ail I ill II i ll 0 II D�� 9u �� °i✓ 1 r r / r/ 'i r ✓%///% r REQUESTED LOCATION E121 �[ � ro 0 �%� 'd �fjfJ� fi� ✓ i, dA ��"��'�� ,,� ��/�O�f;�w/r'a4r Gr "''�� � ,i, ��i�v� //// /'✓ I �����%Jli�, ®�✓ rr � �r�(�� e; a A " I s �I i, / '�, a r, �✓GII�� t9 y kl 'V AL r/ All VEHICLE IMPOUND CITY COUNCIL EXHIBIT YARD & GARAGE, CITY OF CORPUS CHRISTI, TEXAS ; PHASE 2 (BOND 2012) DEPARMENT OF CAPITAL PROGRAMS PROJECT #E12126 PAGE 1 OF 1 Corpus Chr sti Capital Programs Police Vehicle Impound Yard and Garage Phase 2 Forensics Building Bond Issue 2012 Council Presentation April 8, 2014 Project Scope Corpus Chr sti Capital Programs PROJECT LOCATION Vehicle Impound Yard and Garage Phase 2 Original Proposed PROJECT LOCATION Vehicle Impound Yard and Garage Phase 2 Requested Location US IT AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 a Action Item for the City Council Meeting of April 15, 2014 DATE: March 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 MarkVan Vleck, P.E., Executive Director, Utilities MarkVV @cctexas.com (361) 826-1874 Engineering Contract Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement for additional design, bid, and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the Urban Engineering contract for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement Project. BACKGROUND AND FINDINGS: This project involves the rehabilitation and replacement of the aging equipment on the clarifiers, anaerobic digesters, and other structures. Specifically, this amendment allows Urban Engineering to provide design services for the anaerobic digester domes and replacement of the aeration basin sluice gate that are outside the scope of the original contract but are required for successful project completion, as well as bid phase and construction administration services. Urban Engineering estimates a construction cost of$718,100. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $750,000.00 $400,000.00* $1,150,000.00 Encumbered / Expended Amount $49,840.00 $49,840.00 This Item $32,710.00 $32,710.00 Future Anticipated Expenditures This Project $667,450.00 $174,522.00 $841,972.00 BALANCE $0.00 $225,478.00 $225,478.00 Fund(s): Wastewater CIP #18 Comments: The amendment will result in the expenditure of an amount not to exceed $32,710. *Future funding in the amount of $400,000 will be requested through the Capital Improvement Plan 2015. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $32,710, for a total restated fee not to exceed $82,550 for the Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement FUNDS AVAILABLE: Wastewater CIP 2014.......................................................................................... $750,000 Wastewater CIP 2015.......................................................................................... $400,000 TOTAL............................................................................................................ $1,150,000 FUNDS REQUIRED: Construction (estimate)......................................................................................... $718,100 Contingencies (10%)............................................................................................ $71,810 Engineer Fees: *Engineer(Urban Engineering)............................................................................... $49,840 Engineer Amendment No. 1 (Urban Engineering)....................................................... $32,710 TestingEstimate............................................................................................. $10,772 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ $12,567 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)............... $23,338 Misc.................................................................................................................. $5,386 TOTAL.............................................................................................................. $924,522 PROJECT BUDGET BALANCE............................................................................. $225,478 *Administrative Approval on August 16, 2013 e II i PROJECT LOCATION #E11302 v « J API i u 9 1; Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Plant Process Rehabilitation/ DEPARM NT OF CAPITAL PROGRAMS Replacement (El 3026) PAGE 1 OF 1 CITY OF CORPUS CHRISTI AMENDMENT NO. I CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Urban Engineering, hereinafter called "Engineer," agree to the following amendment to the Contract for Professional Services for Greenwood Wastewater Treatment Plant Process Rehabilitation/Replacement--(,Pr iect No. E13026), as authorized and amended by: I Original A/E Agreement August 16, 2.013 ,Administrative Approval $49,840.00 EXHIBIT "A", SCOPE OF WORK shall be amended to include additional design, bid and construction administration services as specified in the attached Amendment No. 1 Exhibit "N'. EXHIBIT "A", SCHEDULE shall be amended as specified in the attached Amendment No. 1 Exhibit"A". EXHIBIT "A", FEES shall be amended as specified in the attached Amendment No. I Exhibit "A", for a revised fee not to exceed $32,710.00 (Thirty-Two Thousand Seven Hundred Ten Dollars and Zero Cents , for a total restated fee not to exceed 82,550.00 (Eigihb -Two Thousand Five Hundred Fi Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. I Exhibit"B". All other terms and conditions of the August 16, 2013 contract between the City and Engineer will remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENG1NEERING ms-,,4 2v I,( Natasha Fudge, P.E., (Date) Ja s L. Urban, P.E., (Date) Acting Director of Capital Programs 2725 Swantner Drive Corpus Christi, Texas 78404 (361)854-3101 Office RECOMMENDED (361)854-6001 Office Ue T OperaACDepartment (Date) ENTERED APPROVED IA MANAGER Office of Management and Budgiet (Date) Project No. E13026 ATTEST Fu!ndl Source No. 5550950-4252-00000-E13026 Fund Name: Wastewater 2013 CIP (Rev Bds) Encumbrance No. Rebecca Huerta, City Secretary AMEND. NO. 1 Page I of I MENGINEERING I)ATAEXCHANOEQENNIFERSWASTEWATERIE13026GREEN OOO VVWTP PROCESS REHABILITATION REPLACEMENTtAMENOMENT NO I=NTRACT\CONTRACT.DOCX URBAN Job No.: 26175,13101 ENGINEERING January 30, 2014 TRANSMITTED VIA EMAIL Mrs, Natasha Fudge, P,,E. Acting Director of Capital Programs City of Corpus Christi P. 0, Box 9277 Corpus Christi, Texas 78469 Subject: Qreenwood,WWTP'Process Rehabilitation/Replacement City Project No. E1302 Dear Natasha. We have an A/E Agreement to provide design services for the subject project. This project involves rehabilitation of the aging equipment in the Influent Structure, Primary Clarifiers, Anaerobic Digesters and other structures, The 100% plan and specification submittal package was submitted to the City for review on January 17, 2014, The package included an estimate of probable construction cost in the amount of$718,104. We are now requesting an amendment to our present AE Agreement to provide some additional design services as well as all of the bidding and construction administration services required for the project. The additional design services include work on the Anaerobic Digester domes and replacement of the Aeration Basin sluice gate that was added after we started on the design. We propose to perform, the engineering services indicated above for an additional fee not to exceed $32,710.00. A proposed fee table and revised schedule are attached. We are requesting that the schedule be revised to reflect that our authorized start date was approximately a month after the date indicated in our original schedule and our prelliminary submission was later due to the additional work added, If the above is acceptable, please prepare an Amendment No. 1 to the agreement. Should you have any questions please let me know, Sincerely, URBAN ENGINEERING �L- Mark Ma,roney, P.E.n MW Enclosure xc: James Harris,, P.E.-Project Manager Wend. via email (361)854-3101 2725 SWANTNER DR.a CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urboneng.com TBPE Firm#145 AMEND. NO. I EXHIBIT "All I Zagej of 3 Revised March 17, 2014 PROPOSED SCHEDULE FOR GREENWOOD WWTP PROCESS REHABILITATION/REPLACEMENT(#E13026) Original Contract Amendment No. 1 Day Date Date Activity Tuesday July 29, 2013 August 20, 2013 Begin Design Friday September 23, 2013 November 22, 2013 1 Prel. Submittal Monday October 14, 2013 January 6, 2014 City Review Monday November 11, 2013 January 20, 2014 Pre-Final Submittal Tuesday November 25, 2013 February 18, 2014 City Review Thursday December 9, 2013 February 27, 2014 Final Submittal Monday December 23, 2013 May 5, 2014 Advertise for Bids Tuesday January 7, 2014 May 13, 2014 Pre-Bid Conference Wednesday January 22, 2014 May 21, 2014 Receive Bids Tuesday March 4, 2014 July 22, 2014 Contract Award Monday April 14, 2014 August 25, 2014 Begin Construction Friday TBD March 25, 2015 Complete Construction AMEND. NO. 1 EXHIBIT"A" Pa e2of3 Summary of Fees Greenwood Wastewater Treatment Plant Rehabilitation/Replacement Original Contract Amendment No. 1 Total Fee Basic Services 1 Preliminary Phase $8,100.00 $0.00 $8,100.00 _L Design Phase 33,900-00 12,100.00 $46,000.00 3 Bid Phase Mo 4,200.00 $4,200.00 4 Construction Phase 0.00 14,010.00 $14,010.00 Subtotal Basic Services $42,000.00 $30,310,00 $72,310.00 Additional Services (Allowance) 1 Permit Preparation as applicable) 0.00 0.00 0.010 2 ROW Acquisition Surve AUTHORIZED) 0.00 0.00 0.00, 2_Topograp ic Survey/Field Investigation 7,840.00 0.00 7,840.00 4 Environmental Issues 0-00 OM OM 5 Construction Observation Services 0.00 0.00 0.00 6 !Start-up Services 0.00.1 OM 0.00 7 lWarrant y Phase 0.00 2,400.010 2,400.00 Subtotal Additional Services $7,840,00 $2,400.00 $10,240,00 Total $49,840.00 $32,710.010 $82,550.00 08/16/13 Admin Admin Approval Approval AMEND. NO. I EXHIBIT "A" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 - 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1, 000 $1,250 $8,250 $750 $1, 500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY-C7 - PURCHASING DIVISION City o f CITY OF CORPUS CHRISTI City of Christi DISCLOSURE OF INTEREST 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". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P.O.BOX: N/A CORPUS 78404 STREET ADDRESS: 2725 SWANTNER DR. CITY: CHRISTI ZIP: FIRM IS: 1. Corporation 2. Partnership H7 3. Sole Owner ❑ 4. Association B 5. 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) 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 r1 � 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subiect of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certif � Title: FlU J YfA L- y (Type or Print) Signature of Certifying Date: Person: �N DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture, receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Greenwood Wastewater Treatment Plant Rehabilitation/Replacement Council Presentation April 8, 2014 Project Scope PROJECT LOCATION Greenwood Wastewater Treatment Plant Process Re habiRation/Replacement 2 Project Schedule Project Construction Estimate: 210 Calendar Days N 7 Months Projected Schedule reflects City Council award of design contract in July 2014 with anticipated construction completion in March 2015. 3 Project Budget FUNDS AVAILABLE: Wastewater CIP 2014 $750,000 Wastewater CIP 2015. $400,000 TOTAL $1,150,000 FUNDS REQUIRED: Construction (estimate).................................................................................... $718,100 Contingencies(10%)...................................................................................... $71,810 Engineer Fees: *Engineer (Urban Engineering) $49,840 Engineer Amendment No. 1 (Urban Engineering)................................................... $32,710 Testing Estimate $10,772 Reimbursements. $41,291 TOTAL $924,523 PROJECT BUDGET BALANCE $225,478 *Administrative Approval on August 16, 2013 4 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of April 8, 2014 Action Item for the City Council Meeting of April 15, 2014 DATE: March 17, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Public Art for Fire Station #5 CAPTION: Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Lynda Jones for a work of permanent art created in glass tile and authorize disbursement of $17,770 from the Bond Fund 3191 for such purchase. PURPOSE: Authorize an artist agreement for permanent art for the Fire Station #5 relocation as part of the City's public art program. BACKGROUND AND FINDINGS: Incorporated into the design of the front of the newly constructed Fire Station #5, the proposed glass tile mosaic by artist Lynda Jones will be approximately 110 square feet made of %2" sintered glass. The proposal was unanimously approved by the Arts and Cultural Commission at their February 25, 2014 Special Called meeting. ALTERNATIVES: Do not approve purchase of artwork. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑x Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 18,270.00 18,270.00 Encumbered / Expended Amount 500.00 500.00 This item 17,770.00 17,770.00 BALANCE 0.00 0.00 Fund(s): Bond Fund 3191 Comments: none RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Attachment—Concept drawing of artwork Artist Agreement Attachment Fire Station #5 — Public Art (;,I.JT I""I ' JII" „ TE WALI PANELS , .W)�"W M r,,.., w�it �,� m�yj x. ,m,�i ✓r, n kr ( rv, i.. nn ww mm e d - .... �... ......... ... - ._:....... .®... .,. 4,— yry RIETIE P MR EVEALF PkQPGSt.D 'A Project Size: 110 sq ft (400" x 100") Tile Type: %" sintered glass Artist: Lynda Jones Location: 3105 Leopard h 4 rl I I a I I i Page 1 of 14 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND LYNDA JONES FOR ARTWORK AT FIRE STATION #5 This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home-rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Lynda Jones of Corpus Christi, TX ("Artist"). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of Fire Station #5 located at 3105 Leopard, Corpus Christi, Texas, 78408 ("Project Premises"); WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission ("Commission"); WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, and installed in order to promote the integrity of Artist' ideas and statements as represented in the artist's proposal and as represented by and in the completed Artwork; NOW, THEREFORE, the City and the Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of mosaic art ("Artwork"). A representative design of the Artwork, including plans and specifications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork, currently attached to this Agreement as Exhibit A, had previously been reviewed and approved by the City's Arts and Cultural Commission ("Commission"), a commission whose members are appointed by the City's City Council ("City Council"). Section 4. Term of Agreement. This Agreement, excluding certain covenants that survive this Agreement including, but not limited to, Sections 17, 19(B), 22, 23, and 25, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. Page 2 of 14 Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $17,770.00, which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $2,665.50 will be remitted by the City to the Artist within ten (10) working days of this Agreement being signed by both parties, (ii) $8,885.00 will be remitted by the City to the Artist within ten (10) working days of the plans and specifications being approved by the City, (iii) $4,442.50 will be remitted by the City to the Artist within ten (10) working days of the Artwork being substantially completed in Artist's studio, (iv) $1,770.00 within ten (10) working days of the Artwork being installed and Notice of Final Acceptance has been issued. Section 6. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Director, or designee, shall inspect the Artwork plans and specifications. Upon acceptance of the Artwork plans and specifications, the City shall provide Artist with "Notice of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this Agreement ("Notice of Acceptance"). Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. B. Artist shall send to Director a written notice of substantial completion ("Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A and will issue payment to Artist, under Section 5(B)(iii) of this Agreement. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance") of the Artwork and will issue payment to Artist, under Section 5(B)(iv) of this Agreement. Final acceptance shall not Page 3 of 14 be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions and cost estimate regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibit A. Section 12. Taxes. A. The City is a tax-exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist' equipment, tools, and machinery; and taxes levied on Artist' interest in this Agreement. Section 13. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry or from employing qualified personnel to work under Artist' direct supervision and control with respect to the Artwork. Section 14. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist' progress with respect to the Artwork. Page 4 of 14 Section 15. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist' employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 17. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 18. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agents or legal representatives of the City for any purpose whatsoever, and Artist are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 19. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Page 5 of 14 Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 20. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist have completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 15 of this Agreement, for loss or damage of the materials paid for by the City while in Artist' possession and control. Section 21. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitors") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 22. Artist' Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years, and guarantees the Artwork against faulty material and workmanship, including inherent vice, for 1 year. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. Page 6 of 14 B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 23. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist' failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 25. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 26. Non-Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 27. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist' performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Page 7 of 14 Section 28. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 30. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: IF TO ARTIST: City of Corpus Christi — Parks and Recreation Lynda Jones Attn: Michael Morris, Director 602 Vaky Street 1201 Leopard; 3 d Floor Corpus Christi, Texas 78404 P.O. Box 9277 (361) 852-8301 Corpus Christi, Texas 78469-9277 (361) 880-3464 (361) 880-3864 Fax M ichael Mop_cctexas.com C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 31. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 32. Disputes. Any disputes concerning Artist' performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Page 8 of 14 Section 33. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 34. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist' default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist are in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail themselves of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail themselves of said rights or remedies allowed under this Agreement, in law, or in equity. Section 35. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to Page 9 of 14 the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist' execution of this Agreement, Artist agree to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 37. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 38. Disclosure of Interests. Artist further covenant and agree, in compliance with the City Code of Ordinances, Section 2-349, as amended, to complete the Disclosure of Interest form that is attached to this Agreement as Exhibit C and that is incorporated by reference into this Agreement. Section 39. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 40. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist' agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist' performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of 12014. ATTEST: CITY OF CORPUS CHRISTI Susan K. Thorpe Assistant City Manager Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM 2014 Douglas K. DeFratus, Assistant City Attorney Page 10 of 14 ARTIST By. Printed Tide: Date: -2� STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on L 2014, by Lynda Jones. JEANNIE HOLLAND e .p\ Ile I'll Notory Pub4c.State of Texas CW MV Commission Expires December 23, 2017 Notary Public, State of Texas My Commission Expires' N otdiys Printed Name LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Plans and Specifications Exhibit B: Insurance Requirements Exhibit Q Artists Disclosure of Interest Page 11 of 14 EXHIBIT A Fire Station #5 Public Art ......... ...................... ................................................................................................................... 7............... ...... ..................................__m _............................. ..................................................... ...............................(T .............7- 1XI E3 ...... ........ 77 WALL',PMRS . ....... ..... .......... ............. ....... .... 'E t6CRE�jj"E 4 R,E�VEALS MA R,,CONF1 ,jjR PROPOSED, "7 ',�7!777 ,7,, "",77�77,,"777=77 77, 77,7,,,-7777777,,"-7,-,"-" ,7,7717'! ..................................................................................................................................................................................................................................................................................................................................... Project s ize- 110 sq ft. (400" x 100") Tile type: 1/2" sintered glass Page 12 of 14 EXHIBIT B I. ARTIST'S INSURANCE REQUIRMENTS A. Artist must not transport the Artwork from the Artist's studio or install the Artwork on site until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of non-renewal, material Bodily Injury and Property Damage change or termination and a 10 day written Per occurrence/aggregate notice of cancellation is required on all certificates COMMERCIAL GENERAL LIABILITY including: $500,000 Per occurrence 1. Commercial Form 2. Premises —Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Fire Damage AUTOMOBILE LIABILITY FOR OWNED, NOW $50,000 COMBINED SINGLE LIMIT OR OWNED OR RENTED VEHICLES EQUIVALENT TRANSPORTATION / INSTALLATION In amounts sufficient to cover the INSURANCE replacement cost of the artwork To be provided by person or entity providing the transportation and installation of the artwork 1. During the transportation to and installation of the artwork at the Site C. In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Page 13 of 14 II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or' between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". The name of the project must be listed under"Description of Operations". At a minimum, a 30-day written notice of material change, non-renewal or termination and a 10 day written notice of cancellation is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1)-(7) are included or excluded. 2014 Insurance Requirements Parks & Recreation Department— Fire Station #5 Public Art Page 14 of 14 EXHIBIT C I. DISCLOSURE OF INTERESTS A. In accordance with City Code of Ordinances, Section 2-349 ARTIST shall list all city employees, official, and board member having an ownership interest in ARTIST' business constituting three(3) per cent or more; or having any pecuniary interest in the transaction or property which is the subject of this contract in the space provided below (Attach additional sheet 9 necessary). B. If no city employees, officials, or board members have any ownership interest in ARTIST'business, nor have any pecuniary interest in the transaction or property which is the subject of this contract, ARTIST shall initial the appropriate space provided below. City Employee. Official or Board Member Name No city employee, official, or board member has an ownership Interest in ARTIsr business constituting r (3)per cent or more; nor does any city employee, official, or board member have cui interest In the transaction or property which is the subject of i contract. ARTIST : �,, Date: ........ 42