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HomeMy WebLinkAboutAgenda Packet City Council - 05/12/2020City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 12, 2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Mayor Joe McComb. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting -agendas -minutes -video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS City of Corpus Christi Page 1 Printed on 5/11/2020 City Council Meeting Agenda - Final -revised May 12, 2020 b. OTHER G. MINUTES: 1. 20-0556 Regular Meeting of April 21, 2020 H. BOARD & COMMITTEE APPOINTMENTS: 2. 20-0572 Motion ratifying the appointment of Intergovernmental Relations Director Tammy Embrey as the City's delegate to the Texas Municipal League (TML) Municipal Policy Summit. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA (ITEMS 3 - 23) 3. 20-0589 Ordinance Extending the Local State of Disaster as related to Covid-19 Declared and Renewed by the Mayor of the City of Corpus Christi, Texas; and declaring an emergency. Sponsors: Legal Department 4. 20-0542 Ordinance authorizing the acceptance and appropriation of a grant contract in the amount of $285,679.00, from the Texas Department of State Health Services in the Health Grants Fund, to perform activities in support of Coronavirus 19 (COVID-19) May 12, 2020, through March 15, 2021; and declaring an emergency. Sponsors: Health Department Consent - Second Reading Ordinances 5. 20-0430 Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend Approval with the condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development. Sponsors: Development Services 6. 20-0431 Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Planning Commission and Staff recommend Denial of the change to the "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions. A 3/4 favorable vote is required to overrule Planning Commission recommendation. City of Corpus Christi Page 2 Printed on 5/11/2020 City Council Meeting Agenda - Final -revised May 12, 2020 Sponsors: Development Services 7. 20-0432 Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near 7517 South Padre Island Drive (State Highway 358) from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Planning Commission and Staff recommend Approval. Sponsors: Development Services 8. 20-0440 Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas Commission on Environmental Quality and appropriating in the Community Enrichment Grant Fund. Sponsors: Planning & Environmental Services 9. 20-0425 Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS for a total cost of $30,888 to provide adequate staffing of an additional medic unit that is being placed into service in District 2 at Fire Station 7 in accordance with the FY2020 budget. Sponsors: Fire Department Consent - Contracts and Procurement 10. 20-0502 Resolution authorizing a three-year supply agreement with Teleflex, LLC for a total amount not to exceed $193,839.80 for the purchase of battery -powered EZ -IO needles and drills used for intraosseous infusion used by the Corpus Christi Fire Department's Emergency Medical Services Paramedics, with FY 2020 funding in an amount of $62,935.00 available through the General Fund. Sponsors: Fire Department and Contracts and Procurement 11. 20-0264 Motion authorizing a three-year service agreement with Juan Sanchez, dba Drain King for a total amount not to exceed $55,290.00 for plumbing services and repairs for the Corpus Christi International Airport (CCIA), effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $9,215.00 available through the Airport Fund. Sponsors: Aviation Department and Contracts and Procurement 12. 20-0419 Motion authorizing an amendment to a Service Agreement for Cellular Services for Phones, Wireless Devices and Connectivity with T -Mobile USA, Inc. for an amount not to exceed $91,536.00, increasing the service agreement value to $2,292,000.00 for cellular services, with FY 2020 funding in an amount of $38,140.00 available through various funds. Sponsors: Information Technology Services and Contracts and Procurement 13. 20-0402 Resolution authorizing two, 24 -month service agreements with one additional twelve-month option period for mowing and grounds maintenance with each of the following Contractors: Dorame General Repair & Lawn, LLC, in an amount not to exceed $52,000.00 for Group 9 City of Corpus Christi Page 3 Printed on 5/11/2020 City Council Meeting Agenda - Final -revised May 12, 2020 14. 20-0399 and Manning Lawn Care and Landscaping, LLC, in an amount not to exceed $40,832.00 for Group 10, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $15,500.00 available through the General Fund. Sponsors: Parks and Recreation Department and Contracts and Procurement Resolution authorizing five, 24 -month service agreements, with one additional twelve-month option period for mowing and grounds maintenance of Parks and Recreation Parks Groups 6, 7 and 8 and Storm Water Groups 7 and 8 with each of the following vendors respectively: Manning Lawn Care and Landscaping, LLC for Parks Group 6 in an amount not to exceed $98,890.00; Dorame General Repair & Lawn, LLC for Parks Group 7 in an amount not to exceed $96,000.00 and for Parks Group 8 in an amount not to exceed $44,000.00; Tony's Lawn Service for Storm Water Group 7 in an amount not to exceed $47,960.00 and for Storm Water Group 8 in an amount not to exceed $196,720.00, effective upon issuance of notice to proceed, with funding in an amount of $39,815.00 available through the FY 2020 General Fund and $40,780.00 available through the FY 2020 Storm Water Fund. Sponsors: Parks and Recreation Department, Public Works/Street Department and Contracts and Procurement 15. 20-0474 Resolution authorizing a three-year service agreement in an amount not to exceed $104,040.00 with Lawn in Order, for mowing and grounds maintenance of Storm Water drainage ditches, with funding in an amount of $11,560.00 available in the FY 2020 Storm Water Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 16. 20-0462 Motion authorizing a three year service agreement in an amount not to exceed $1,049,976.00 with 2Chainz Brushing and Clearing, LLC, for mowing of storm water drainage ditches, with funding in an amount of $116,664.00 available in the FY 2020 Storm Water Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 17. 20-0478 Motion authorizing amendment number five with Coastal Maintenance Concepts, LLC, for a total not to exceed amount of $90,000.00 increasing the service agreement value to $1,518,892.50 for sweeping services, with funding in an amount of $90,000.00 available in the FY 2020 Storm Water Fund. Sponsors: Public Works/Street Department 18. 20-0559 Motion authorizing a lease -purchase of one used cold planer milling machine from Holt Cat, for a total amount of $617,032.80, to be used by Public Works/Street Operations to remove deteriorated asphalt in preparation of the new pavement surface, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $41,135.52 available through the Streets Fund. City of Corpus Christi Page 4 Printed on 5/11/2020 City Council Meeting Agenda - Final -revised May 12, 2020 Sponsors: Public Works/Street Department and Contracts and Procurement 19. 20-0485 Motion authorizing a lease -purchase of one crawler dozer and one wheel loader from Doggett Heavy Machinery Services, LLC, for a total amount of $676,535.69 to be used by Solid Waste Services for the brush disposal area, effective upon issuance of letter of acceptance with FY 2020 funding in the amount of $45,102.38 available through the General Fund. Sponsors: Solid Waste Operations and Contracts and Procurement Consent - Capital Projects 20. 20-0104 Motion awarding a construction contract to Port Enterprises Ltd., to replace the Central (La Retama) Library roof in the amount of $1,872,914, located in City Council District 1, funding is available through Bond 2012 and Bond 2018 funds. Sponsors: Engineering Services and Libraries 21. 20-0109 Motion awarding Amendment No. 2 to a contract with Freese and Nichols, Inc. for engineering services to design and prepare construction documents for Spillway Electrical Upgrades, Outlet Tower Improvements, new maintenance facility and other safety and maintenance improvements at the Choke Canyon Dam in the amount of $600,330, for a total contract value not to exceed $648,482, effective upon issuance of notice to proceed, with funding approved and available from Water Supply 2020 Capital Improvement Program Budget. Sponsors: Engineering Services and Utilities Department General Consent Items 22. 20-0482 Resolution authorizing outside city limits water contract with Matias Serrata Jr. to provide public water to his property located outside the city limits described as Lot 1, Block 1, Serrata Family Tract, also commonly known by its street address as 2447 County Road 51, under Corpus Christi Code Section 55-113. Sponsors: Development Services 23. 20-0546 Resolution approving a pool of financial underwriters to be used on as needed rotational basis for five years for issuance of bonds with compensation to firms through the bond proceeds at the time of sale. Sponsors: Finance & Business Analysis and Contracts and Procurement K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEM 24) 24. 20-0508 City of Corpus Christi Page 5 Printed on 5/11/2020 City Council Meeting Agenda - Final -revised May 12, 2020 Ordinance authorizing an amendment to the Water Distribution Main Line Extension Construction and Reimbursement Agreement with Esther Ybarra to extend a line to a planned residential property located at 7541 Weber Road; and appropriating $11,929.50 from the Water Distribution Main Trust Fund to reimburse developer. (District 3) sponsors: Development Services M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 25 - 27) 25. 20-0483 Ordinance abandoning and vacating a 5 -foot wide by approximately 78 -feet long (391 sq. ft.) portion of a 20 -foot wide easement in Lot 10, Section 12, Flour Bluff and Encinal Farm and Garden Tracts. (District 4) Sponsors: Development Services 26. 20-0562 Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement and Refunding Bonds, Series 2020 for Water and Wastewater Utility improvements in an amount not to exceed $110,000,000 and refunding various series in an amount not to exceed $240,000,000, within set parameters and according to the plan of finance set by the City's financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. Sponsors: Finance & Business Analysis 27. 20-0563 Ordinance authorizing the delegation of the issuance of City of Corpus Christi, Texas General Improvement and Refunding Bonds, Series 2020 related to Streets and City Facilities improvements in an amount not to exceed $96,000,000 and refunding various series in an amount not to exceed $94,100,000, within set parameters and according to the plan of finance set by the City's financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. Sponsors: Finance & Business Analysis O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT City of Corpus Christi Page 6 Printed on 5/11/2020 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 21, 2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Mayor Joe McComb. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Gil Hernandez, Rudy Garza and Paulette Guajardo participated by video conference. Council Member Michael Hunter participated telephonically. Present: 9 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) COVID-19 potential impacts determined with assistance. 2) FY 2020 Total City Budget $1.075 Billion. 3) FY 2020 General Fund Budget: $271.2 Million. 4) General Fund Revenues. 5) General Fund Projected Revenue Impact. 6) Property Tax. 7) Sales Tax. 8) Solid Waste Revenues 9) Other Revenues. 10) General Fund Reserves. 11) Initial COVID-19 Impact Solution. 12) Crime Control & Prevention District. 13) Type A funds. City of Corpus Christi Page 1 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 14) Type B funds. 15) Hotel Occupancy Tax Revenues. 16) Initial COVID-19 Impact Solution. 17) General Obligation Bonds. 18) Utility Revenue Bonds. 19) Next Budget & Financial Presentation. 20) Next Steps. Council Members and City Manager Zanoni discussed the following topics: commended the City Manager and staff for the update and budget; and the impact that the negative price of oil will have on our community, maybe even more than COVID-19. a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Director of Public Health District Annette Rodriguez presented an update on COVID 19 Testing Process: COVID-19 Testing Overview; Phone Bank; Department Operations Center; Drive Thru Collection Site; Laboratory Testing; and Contact Tracing. Council Members, City Manager Peter Zanoni, and Director Annette Rodriguez discussed the following topics: anyone who is asymptomatic can be tested; currently Spohn Hospital is testing for health care workers only; if we are getting informed by the private sectors who are doing the testing; the reported death in Nueces County was "related" to the COVID-19, but not the cause of death; everyone who has recovered from COVID-19 has wanted to donate their blood; there has been discussion with the state about re -opening businesses slowly by taking proper precautions; a council member's concern of the importance of opening up personal care businesses, i.e., barbershops, beauty and nail salons; the importance of disinfecting businesses properly when they start to re -open; if there is any chance of going backwards on people getting tested based on shortage of testings; health care workers need to choose a primary nursing home to work at and not more than one; and the Governor's press conference will be held on April 27, 2020 regarding the reopening of businesses. City of Corpus Christi Page 2 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 F. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting -agendas -minutes -video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. Mayor McComb referred to comments from the public. Eduardo Canales, 7021 Debinngton Dr., called in regarding opposition to Item 16. The following people submitted public comments which are attached to the minutes: Margareta Fratila, 3606 Tripoli Dr.; Pauline Forbes; Patricia Young, 4626 Hake! Dr.; Philippe Tissot, 3560 Aransas St.; Sally Clark Farris, 13043 Hunters Breeze St.; Florence Tissot, 3560 Aransas St.; Sonja Strong; Teresa A. Carrillo, 730 Harrison St.; Julie Travis Rogers, 710 Furman Ave.; Brian Williams; Roxane Iglesias; Dewey Magee III, 4252 Kestrel Ln.; Carrie Robertson Meyer, 4401 Gulfbreeze Blvd.; Errol A. Summerlin; Clare Lee, 7046 Hathor Dr.; Bob Paulison, 15821 Almeria Ave.; Melissa Zamora, 3917 Brawner Pkwy.; Bob Gonzalez, 8033 South Padre Island Dr.; Peggy and Jose Miguel Duran, 4022 Congressional Dr.; Isabel Araiza, 326 Poenisch Dr.; Brittany Garcia; Neil McQueen, 4213 Estate Dr.; Wendy Hughes, 2129 Bay Breeze Dr.; and Elisa and David Verratti, 129 Porto Villageo. G. MINUTES: 1. Regular Meeting of April 14, 2020. A motion was made by Council Member Garza, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. City of Corpus Christi Page 3 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 18) Approval of the Consent Agenda 2. Mayor McComb referred to the Consent Agenda. Council members requested that Items 2, 4 and 16 and 17 be pulled for individual consideration. There were no comments from the Council; or written testimony from the public. A motion was made by Council Member Guajardo, seconded by Council Member Smith, to approve the Consent Agenda with the exception of Items 2, 4, 16 and 17. The motion carried by the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation in an amount not to exceed $2,500,000.00 for Type A funding of arterial and collector streets within the City; approving a Chapter 380 agreement in an amount not to exceed $2,500,000.00 with LiftFund, Inc. for a small business recovery program; appropriating $2,500,000.00 from the unreserved fund balance of the Business and Job Development Fund for use on the arterial and collector street improvements; amending the operating and capital budget; and declaring an emergency. Mayor McComb referred to Item 2. Mayor McComb referred to public comment. Margareta Fratila, 3606 Tripoli Dr. submitted a public comment which is attached to the minutes. Chief Financial Officer Constance Sanchez presented an update on the Small Business Recovery Program. Council Members, City Manager Peter Zanoni, LiftFund Executive Senior Vice -President Richard Gianni and Market Manager Laura Estrada discussed the following topics: $1.7 million in funds was approved for the LiftFund City of Corpus Christi Page 4 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 3. 4. program; 52 applications are currently being processed, but documents are missing on some applications; how to get the funds to businesses more quickly; a council member's concern regarding how quickly LiftFund can provide funds to businesses between now and May 12, 2020; some applicants do not want to share their bank statements with LiftFund, therefore some applications are taking longer to process; if the $2.5 million is approved today, only $250,000 at a time would be sent to LiftFund; what LiftFund is doing to ensure that the non-essential businesses are prioritized; the Dream Makers Fund is available only to Corpus Christi businesses; a council member's suggestion to put measures in place and authorize $1 million today and the additional $1.5 million on May 12; staffs recommendation is to approve the $2.5 million, but disburse funds of only $250,000 at a time; a council member's wish to table the item today until the initial $1.7 million in funding is expended; and a council member's experience with Paycheck Protection Program (PPP) loans and the documents required for the loan. Mayor McComb made a motion to amend the ordinance to reduce amounts to $1 million (less the LiftFund administration fee of 17.65% and no additional deposits to Dream Maker Fund), seconded by Council Member Barrera. The motion passed unanimously. Mayor McComb made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 032087 Ordinance amending the City's Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $803,100.00 from the United States Department of Housing and Urban Development (HUD) for Emergency Solutions Grant (ESG-CV) and $1,622,820.00 for Community Development Block Grant (CDBG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional ESG-CV and CDBG-CV funding from HUD with organizations for approved projects; and declaring an emergency. This Ordinance was passed on emergency. Enactment No: 032088 Consent - Second Reading Ordinances Zoning Case No 0220-03, MPM Development, LP. (District 5). Ordinance rezoning property at or near 7797 Yorktown Boulevard from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. City of Corpus Christi Page 5 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 5. 6. 7. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 4. There were no comments from the Council. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hernandez, Council Member Hunter and Council Member Molina Nay: 1 - Council Member Smith Absent: 1 - Council Member Guajardo Abstained: 1 - Council Member Roy Enactment No: 032089 Ordinance accepting a grant award of $4,063.31 from Plains All American Pipeline to purchase personal protective equipment for the Corpus Christi Fire Department for use during industrial responses; and appropriating $4,063.31 into the Fire Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032090 Ordinance authorizing an amendment to the Lease Agreement with Padre Island Yacht Club revising rent payments from greater of 10% of gross income or $2300 annually to greater of 5% gross income or $2500 quarterly. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032091 Ordinance authorizing three non-contiguous 30 -foot wide pipeline easements and one construction yard license of 1.12 acres to Dean Pipeline Company, LLC to construct one new 8 -inch pipeline for the transportation of oil, gas, or other hydrocarbon product located on City property operated by the City Water Department, two of the pipeline easements are located southeast of the O.N. Stevens Water Treatment Plant and third pipeline easement on property north of IH37 by the O.N. Stevens Spillway Tract; located in Council District 1, and appropriating $108,810 into the City's Water Department Operating Fund No. 4010. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032092 8. Ordinance amending Section 55-100 of the Corpus Christi Code of City of Corpus Christi Page 6 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 9. 10. 11. 12. Ordinances regarding wastewater winter quarter average usage calculation to be effective by May 1, 2020. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032093 Consent - Contracts and Procurement Motion authorizing a three-year service agreement with C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment for a total amount not to exceed $663,000.00, for upfitting and repair parts and services for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $110,500.00 available through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2020-080 Motion authorizing a five-year license agreement with e -Builder, Inc. in an amount of $3,795,755.48 for the purchase of licenses and support maintenance for Engineering Services, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $1,121,549.46 available through the Engineering Services Fund. This Motion was passed on the consent agenda. Enactment No: M2020-081 Motion approving a service agreement with VWR International, LLC in an amount not to exceed $99,760.40 for Phase III of the Utilities Water Lab renovations and upgrades, effective upon issuance of notice to proceed and FY 2020 funded through the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-082 Motion authorizing a two-year supply agreement with Brenntag Southwest, Inc., in an amount not to exceed $5,440,294.52, for the purchase of Sodium Hypochlorite used by the Utilities Department for the disinfection of treated effluent at four Wastewater Treatment Plants, and by the Water Treatment Plant to boost the disinfection properties of the City's drinking water throughout the distribution system, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $1,133,400.00 available in the Wastewater and Water Funds. This Motion was passed on the consent agenda. Enactment No: M2020-083 City of Corpus Christi Page 7 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 13. 14. 15. 16. Motion authorizing a two-year Supply Agreement with Univar Solutions USA Inc., for an amount not to exceed $3,985,600.00 for liquid caustic soda solution for pH adjustment for the water treatment process at the O.N. Stevens Water Treatment Plant, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $996,400.00 available through the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-084 Motion authorizing a two-year supply agreement with Polydyne, Inc., in an amount not to exceed $790,585.00, for the purchase of Sludge Dewatering Polymer for the Utilities Department, effective upon issuance of notice to proceed, with first-year funding in the amount of $164,700.00 available in the FY 2020 Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2020-085 Consent - Capital Projects Motion awarding Amendment No. 1 to contract with Hazen and Sawyer for design and preparation of construction documents and related construction phase services to dredge the pre -sedimentation basin, replace the solids collector system and clarifier drive mechanisms for the O.N. Stevens Water Treatment Plant (ONSWTP) in the amount of $862,388, for a revised contract value not to exceed $912,188, located in City Council District 1, effective upon issuance of notice to proceed, with funding approved and available from Water 2020 Capital Improvement Program Budget. This Motion was passed on the consent agenda. Enactment No: M2020-086 General Consent Items Resolution requesting financial assistance from the Texas Water Development Board for design and construction of improvements to the City's Utility system; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its State Water Implementation Fund for Texas; and other matters in connection therewith. Mayor McComb referred to Item 16. Director of Finance and Business Analysis Heather Hurlbert presented information on the following topics: recap of requesting financial assistance from theTexas Water Development Board. City of Corpus Christi Page 8 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 17. Mayor McComb opened the public comment. City Secretary Rebecca Huerta stated there were 22 public comments; 17 opposed, 3 requested postponement and 2 were in favor. (NOTE: the public comments are attached to the minutes). Council Members, City Manager Peter Zanoni, Director of Finance and Business Analysis Heather Hurlbert, Director of Water Utilities Kevin Norton, and Assistant Director of Water Quality and Treatment Gabriel Ramirez discussed the following topics: if the City had discussed alternative funding options with other companies; the City is not borrowing any money, it is a loan application; the financial commitment will occur in August; a council member's concern of not seeing any other options available and a wastewater concern; the cost of the application is free of charge; the application is being submitted by city staff, not the consultants; what the time frame is for other companies to put together a proposal; the rates for the loan are not available to the private sector, the funding is available to cities; and other alternative methods for desalination. Mayor McComb made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Guajardo Abstained: 0 Enactment No: 032094 Resolution authorizing the Interlocal Agreement with Nueces County for exchange of Gulf beach maintenance with the City to maintain and clean a portion of the Gulf beach managed by the County and the County to maintain and clean a portion of the Gulf beach managed by the City. The City will provide beach maintenance from the State Park Boundary to Beach Marker 203. The County will provide beach maintenance from Access Road 6 to Beach Marker 252. Mayor McComb referred to Item 17. Peter Zanoni stated that Keith has been working with the county to bring this Item to council. Council Members, Assistant City Manager Keith Selman, and Director of Parks and Recreation Jermel Stevenson discussed information on the following topics: the date scheduled to begin the maintenance of the beach is May 1, 2020. Council Member Smith made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the City of Corpus Christi Page 9 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 18. following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 032095 Resolution authorizing submission of grant application for $18,032.44 to the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the Coronavirus Emergency Supplemental Funding Program FY 2020. This Resolution was passed on the consent agenda. Enactment No: 032096 K. RECESS FOR LUNCH The recess for lunch was held from 2:00 p.m. to 2:33 p.m. L. PUBLIC HEARINGS: (ITEMS 19 - 21) 19. Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend Approval with the condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development. Mayor McComb referred to Item 19. Director of Development Services Al Raymond presented information on the following topics: the purpose of this Item is to allow for the construction of a single family residential development; aerial overview; zoning pattern; PUD deviations; PUD concepts; and Planning Commission's and staffs recommendation with a PUD. Council Members, Director Raymond and Andrew Dimas with Development Services discussed the following topics: if the developer has met with the property owners; the width of the sidewalks are in the existing development; the developer is increasing the size of some of the beach front lots and decreasing others; there will be three common areas accessible to all residents of the subdivision; the last time a house was built has been at least a decade; a council member's recommendation to change the condition of the side yard setback to 2 feet; most of the homes are elevated; the deed restrictions are privately enforced whether or not the PUD is approved; the concept behind the development was to appeal to multiple markets; and the developer is the primary developer for Cinnamon Shores and other complexes in Port Aransas. Mayor McComb opened the public hearing. City Secretary Rebecca Huerta City of Corpus Christi Page 10 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 read into the record the public comment from the following person: (NOTE: this is attached to the minutes): Elisa and David Verratti, 129 Porto Villageo. Mayor McComb closed the public hearing. Council Member Smith made a motion to amend the ordinance subject to a 2 foot above base flood elevation, seconded by Council Member Guajardo. The motion passed unanimously. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Roy. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 20. Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Planning Commission and Staff recommend Denial of the change to the "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions. A 3 favorable vote is required to overrule Planning Commission recommendation. Mayor McComb referred to Item 20. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and Planning Commission and staff recommend denial of "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" zoning Single Family 6 District with a Special Permit. Mayor McComb opened the public hearing. There were no comments from the Council; or written testimony from the public. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance approving the "RS-6/SP" recommended by the Planning Commission and staff, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 21. Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near 7517 South Padre Island Drive (State City of Corpus Christi Page 11 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 Highway 358) from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 21. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and Planning Commission's and staffs recommendation. Mayor McComb opened the public hearing. There were no comments from the Council; or written testimony from the public. Mayor McComb closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 22 - 23) 22. Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS for a total cost of $30,888 to provide adequate staffing of an additional medic unit that is being placed into service in District 2 at Fire Station 7 in accordance with the FY2020 budget. Mayor McComb referred to Item 22. Council Members and Fire Chief Robert Rocha discussed the following topics: the location of the medic unit will be on Doddridge and Staples; a council member's concern of medic units on the southside; and the southside medic units consist of 4, 6, 14 and 17. Council Member Molina made a motion to approve ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 23. Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas Commission on Environmental Quality and appropriating in the Community Enrichment Grant Fund. City of Corpus Christi Page 12 Printed on 5/4/2020 City Council Meeting Minutes April 21, 2020 Mayor McComb referred to Item 23. Director of Planning and Environmental Services Daniel McGinn presented information on the following topics: the budget and plans to subcontract with Texas A&M Corpus Christi to do air monitoring; and staff recommends approval. A Council Member and Director McGinn discussed the following topics: the contract is for two years. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (ITEM 24) City Manager Peter Zanoni stated that Item 24 will be postponed. 24. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Application of AEP Texas Inc to amend its Distribution Cost Recovery Factor at the Public Utility Commission. This E -Session Item was postponed. Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT Mayor McComb referred to Identify Council Future Agenda Items. No Items were discussed or identified. The meeting was adjourned at 3:50 p.m. City of Corpus Christi Page 13 Printed on 5/4/2020 Norma Duran From: CitySecretary Sent: Tuesday, April 21, 2020 11:27 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Comments FYI. From: Deborah Lee West <dltwest@yahoo.com> Sent: Tuesday, April 21, 2020 11:16 AM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Public Comments [ [ WARNING: External e-mail. Avoid clicking on lir password, username, payment or to take action fr SecurityAlert@cctexas.com. ] ] Bks or attachments. We will NEVER ask for a om an email. When in doubt, please forward to Othodox Easter. He had a break between two surgeries and we met on Ocean Drive in a park for him to see the White Lighted Bridge. The appreciation you all showed to our doctors and medical staff and shared with his colleagues at the hospital. Thank you on their behalf! I shared with you way back, a few weeks ago, the blue lighted tower in downtown Dallas for the medical community sponsored by our friend, Robert Rawlings, owner of the Omni Hotel and I suggested a FB post to our city leaders. I am glad someone followed my suggestion. I also want to talk about small businesses. I tried unsuccessfully to go on with my application for LIFT funds. This was because the application had a lot of lines that didn't work properly. I would like to know what is the criteria you considered when you accepted to give funds to the LIFT fund. I think that the solid businesses with over 10 years in business should have priority over the new, recently opened business under 3 years. This is not a BUSINESS LOAN but rather a BRIDGE LOAN. So, I would like to be contacted by someone who approved the money from the city who can clarify my questions in this matter. I have tried to contact a representative from the LIFT fund program but my calls have gone unanswered. Thank you, Margareta Fratila, MBM, TMF European Floral Design margaretatheflorist(c�gmail.com (361) 739-3029 1 Sarah Brunkenhoefer From: Sent: To: Subject: Rebecca Huerta Monday, April 20, 2020 2:04 PM Norma Duran; Sarah Brunkenhoefer FW: [EXTERNAL]Church gatherings Please see below — general public comment for tomorrow. Rebecca L. Huerta TRMC, CMC City Secretary City of Corpus Christi 1201 Leopard Street 1 Corpus Christi, TX 78401 P.O. Box 92771 Corpus Christi, TX 78469-9277 Phone: (361) 826-3105 Fax: (361) 826-3113 RebeccaH@cctexas. com If your e-mail is a Public Information Request, please send to CityOpenRecords@cctexas.com. From: CitySecretary <CitySecretary@cctexas.com> Sent: Monday, April 20, 2020 7:56 AM To: Rebecca Huerta <RebeccaH@cctexas.com> Subject: FW: [EXTERNAL]Church gatherings FYI. From: ssspyy518@yahoo.com <ssspyy518@yahoo.com> Sent: Saturday, April 18, 2020 8:35 AM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Church gatherings [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Was wondering if churches are able to get permits to gather in church parking lot. I live in residential area and have a church next door . They are gathering and staying in cars. Pastor says he got a permit. My concern is that he is blasting the speakers with music and worship. I have no problem with trying to have continued service but the speakers are too loud. I asked pastor to turn it down just want to make sure he has permission to do this. Sent from Yahoo Mail on Android 1 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 20, 2020 2:10 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: For Mayor McCombs FYI. From: pv Forbes <pvforbes@hotmail.com> Sent: Monday, April 20, 2020 1:52 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]For Mayor McCombs 1 [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com.11 Thank you Mayor McCombs for your early decision to institute stay-at-home orders and for the efforts of your teams. Please look into issuing an order for people to wear face covering when shopping in stores. Many people seem to not understand that the masks the people serving them wear, are for the protection of their customers.. We need to protect those who serve us. It is disappointing to see people heading into stores as if this is normal times, with no face covering, and no concern for everyone else. I have spoken to managers in various stores to ask how they feel about this. Every one of them said that would be a relief if everyone did this. They are trying hard to keep us safe. Since you have been ahead of the game on stay-at-home, and kept us all safer, please take the next step to help protect those who serve us all, as well as everyone else who is wearing face covering to try and not become a burden on family and healthcare workers. With best regards and thanks, Pauline Forbes 1 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 20, 2020 7:57 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Proposed rezoning of tract near 7797 Yorktown Boulevard to the highest density residential zoning, Zoning Case No 0220-03 Attachments: Yorktown 7797 Rezoning Proposal.pdf FYI. Original Message From: Philippe Tissot <ptissot@fastmail.fm> Sent: Sunday, April 19, 2020 10:44 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Proposed rezoning of tract near 7797 Yorktown Boulevard to the highest density residential zoning, Zoning Case No 0220-03 [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Hi Mrs Huerta: You will find attached comments regarding the proposed rezoning of tract near 7797 Yorktown Boulevard to the highest density residential zoning, Zoning Case No 0220-03, MPM Development, LP. I am often urging caution when it comes to the elevation of structures and their vulnerability to flooding and in particular storm surge. You will find attached documentation sharing why I think that substantial elevation above ground and sturdy construction for structures to be built along this track to protect its occupants, their property and lower the associated insurance liabilities. Respectfully, Philippe Tissot Philippe Tissot ptissot@fastmail.fm 1 Ii -(6,, .1=‘'9 RE: Rezoning of tract near 7797 Yorktown Boulevard to the highest density residential zoning, Zoning Case No 0220-03, MPM Development, LP. To whom it may concern: To assess the storm surge risks associated with the proposed rezoning, I looked at the location of 7797 Yorktown Boulevard and the associated NOAA Storm surge predictions. You will find below both maps. I will further discuss the substantial surge risks for that location further. Note that there are areas more upstream of Oso Creek that would not be as risky for flooding, particularly upstream of Cabaniss Field. My first reaction, after looking at the location and the associated storm surge potential, is that this is not a good area to rezone to the highest density residential zoning unless very significant precautions are taken for the potential structures to be sturdily built and substantially raised above ground. In particular strong regulations should require that any structure built in that tract be substantially elevated to take into account the eventual storm surge from a large hurricane and relative sea level rise. Elevated structures are essential to avoid structures being destroyed by storm surge, the associated insurance claim and the safety of their inhabitants and their property. For the surge risk, I used the maximum of ensemble predictions from the NOAA SLOSH model. I used the ensemble of category 4 storms as the worst realistic case scenarios. You will find below the National Storm Surge Hazard Map for the worst surge (MOMs) generated by Category 4 hurricanes. The map is from the NOAH/NWS/NHC Storm Surge Unit (https://noaa.maps.arcgis.com/apps/MapSeries/index.html?appid=d9ed7904dbec441a9c4dd7 b277935fad&entry=1). The website warns that "These maps make it clear that storm surge is not just a beachfront problem, with the risk of storm surge extending many miles inland from the immediate coastline in some areas." This is particularly relevant for the areas around the Oso. The map shows that the area around 7797 Yorktown Boulevard is vulnerable to storm surge and could be under 3 to 6 ft of water in the case of a category 4 hurricane leading to concerns about the future inhabitants depending on how high above ground and mean sea level the structures are built. I would also advise to include future sea level rise to the end of the century to set rules on how high above ground structures should be built. There may be other factors to consider but a rough estimate of a safe elevation combines the 3-6ft of potential surge, at least 3-4 ft of sea level rise and at least 1 ft for subsidence. In addition to the storm surge, the development of our South Side is leading to more impervious surfaces, less absorption and faster runoff likely leading to increased risks of flooding from precipitation around Oso Creek or, on rare but potentially significant cases, inundation from the combined effects of precipitation and surge. Philippe E. Tissot, PhD Resident of 3560 Aransas St. since 1999 National Storm Surge Hazard Map for the worst surge (MOMs) generated by Category 4 hurricanes as modeled by NOAA SLOSH r7A Less than 3 feet above ground Greater than 3 feet above ground Greater than 6 feet above ground Greater than 9 feet above ground Leveed area Consult local officials for flood risk Area near property 7797 Yorktown Boulevard: cSalan Divine 16 Alamo Drafthouse Cinema Corpus Christi L.;ose0 South Texas Botanical Gardens & Nature Center 107797 Yorktown Boulevard Waldror Field NoIf NAYS Corpus Christi FLOUR 3LL;FF PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either 'City Council"' or the name of the City Board: Council DATE OF MEETING ii:amiedi'vo: 04/2112020 NAME: Sally Clark Farms ADDRESS: 13043 Hunters Breeze St. CITY: San Antonio STATE: T: TOPIC: TWDB Loan .Application for Desalination Plant ZIP: 78230 AGENDA ITEM NUMBER (if applicable): #3111. /6 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. The s�.nderlving project for this Ivan application, proposal for a desalination plant in the Inner Harbor, Nueces Bay, has been captured and promoted b.; those who may not have the City's long tern- interests at heart, I speak from some experience. I am a native Cc pus Christian, once serving both cities of Corpus Christi and San Antonio as an Assistant City Attorney assigned to environmental compliance and enforcement, retiring from the City of San r':.ntonio in 2008. . My bias, as a former city employee favors duly executed public projects for benefit of the municipality., project_ with d:ue diligence accomplished. This project lacks such diligence, The Port of Brownsville ran a pilot project, identifying fatal flaws for an enlarged desal plant there Two fatal flaws are shared with CC's plan aj concentrated brine discharge within proximity of the marine water intake [b) failure to use either deep water (g.ulfj disposal or injection well disposal, Please study the TWDB website details. Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:02 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public comment for City Council meeting April 21, 2020 FYI. Original Message From: Florence Tissot <ftissot@fastmail.us> Sent: Monday, April 20, 2020 9:16 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Public comment for City Council meeting April 21, 2020 [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Dear City Secretary, I am writing to you to submit a public comment to the City Council meeting on April 21, 2020. Date of the meeting: 04/21/2030 Name: Florence Tissot Address: 3560 Aransas St City: Corpus Christi State: Texas Zip code: 78411 Topic: Resolution requesting financial assistance from the Texas Water Development Board for design and construction of improvements to the City's Utility system; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its State Water Implementation Fund for Texas; and other matters in connection therewith. Comment: i strongly oppose this resolution and urge all members of the city council to vote no on the loan application to the Texas Water Development Board. Thank you. Sincerely, Florence Tissot 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:03 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Loan to TWDB FYI. From: Sonja Strong <sonjajstrong@gmail.com> Sent: Monday, April 20, 2020 9:28 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Loan to TWDB [[ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com.11 Public Comment for city council I am sure you all read the decision by the federal judges regarding the pipeline permits a few days ago. The wording was important. BE OUR HEROES. Real Heroes for the people. Like the judges said," WE, THE PEOPLE,OUR WATER,OUR AIR, OUR WILDLIFE, OUR COMMUNITIES come before the profits for polluting corporations. Please vote NO. BE OUR HERO!! YOUR PEOPLE Need this Vote No to TWDB 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:01 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]City Council meeting of 4/21/20 FYI. From: Teresa Carrillo <teresaacarrillo@gmail.com> Sent: Monday, April 20, 2020 6:57 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]City Council meeting of 4/21/20 [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, usemame, payment or to take action from an email. When in doubt, please forward to SecuritvAlert@cctexas.com.11 Dear Mayor McCombs and Council, Please consider POSTPONEMENT of the SWIFT Fund Loan Application to the TWDB. In these extraordinary times, when citizen involvement is limited due to coronavirus concerns I ask you to postpone submitting this quarter billion dollar application. Consider the federal, state and local Nueces County "Stay at Home" order that interferes with citizen participation. Consider the staggering crash of the crude oil industry. Consider that the City will be encumbered with a huge debt that in a slow economy, with no need for desal water, may be another burden on citizens already under crushing debt. Postpone this loan application. Thank you for your consideration. Very truly yours, Teresa Carrillo 730 Harrison St corpus Christi Texas 78404 361-960-8808 Teresa A Carrillo Be your own kind of beautiful! 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:04 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: NO DESAL FYI. Original Message From: KD <raelyn916@msn.com> Sent: Monday, April 20, 2020 10:07 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: NO DESAL [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] I am VERY upset upon reading about a $222 million dollar loan. We are in the middle of a pandemic. Unemployment is at an all time high. Our STREETS and infrastructure are failing apart on a daily basis and you want more debt?? UNBELIEVABLE. This is a disgusting move. On the sly and in the dark. That is how SNAKES MOVE. Get it together. Tax the refineries their FAIR SHARE. Stop killing our environment. You SHOULD ALL BE EMBARRASSED for even thinking about this "loan". YOU are the problem with our city. City Resident who is TIRED of cleaning up and paying for the mess you create. Sent from my iPhone 1 Norma Duran From: CitySecretary Sent: Tuesday, April 21, 2020 10:31 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Vote NO on Item 16 (loan for desalination plant) FYI. Original Message From: julie rogers <rogersjuliet@gmail.com> Sent: Tuesday, April 21, 2020 10:12 AM To: CitySecretary <CitySecretary@cctexas.com> Cc: Joe McComb <Joe.McComb@cctexas.com>; Rudy Garza Jr <Rudy.Garza@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Michael Hunter <Michael.Hunter@cctexas.com>; Everett Roy <Everett.Roy@cctexas.com>; Ben Molina <Ben.Molina@cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com>; peter.zanoni@cctexas.com Subject: Vote NO on Item 16 (loan for desalination plant) [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To Our Representatives, you have demonstrated leadership during the global pandemic we are experiencing and my family and I appreciate it. I have heard the Mayor and Judge Canales declare that the main responsibility of our local government is to protect the people. I agree with them but you must also protect our environment in order to protect the people. Allowing and financing a desalination plant on our bay is irresponsible and unsafe, especially during these uncertain times. Please vote NO on the resolution for a loan to build desalination plant (item 16) during todays's Council Meeting. Put it on a ballot instead and let the people vote. Thank you, Julie Travis Rogers 710 Furman Ave Corpus Christi, TX 78404 Sent from my iPhone 1 #I� SA 1_`! �` , 10 140''1COAL Billie to Tennill, President WA /STRICT A. tarry Kalich, Director Troy Mircovich, Vice President ` „4 t.--- Danny C. Cox, Director Brian WIIllams., Manager/District Engineer P.O. B ' 4r Ed Rainwater, Director Rebecca Klaevemann, Secretary/Treasurer Ingleside, pias 18362 Alan Miller, Director Doil Kellar, Director Tom Bridges, Director April 20, 2020 Mayor and City Council Members, As the General Manager of the San Patricio Municipal Water District (SPMWD), I would personally like to encourage the passage of the Resolution requesting financial assistance from the Texas Water Development Board to perform the functions necessary to design and construct a desalination facility on the Inner Harbor. The SPMWD Board of Directors has discussed on numerous occasions the need and the desire for the addition of a drought -proof public water source into the regional portfolio and in particular the two projects currently being permitted by the City. The Inner Harbor project, that both public and private entities have united to work on, meets that critical need of a drought -proof water source. The City should be congratulated for the efforts it has taken over the past six -plus years to methodically and purposefully move toward achieving that goal of a drought -proof water source. The dedication by the Council and City staff to not only "hold the line" but to advance the desalination proposal has been remarkable. It has been a pleasure to work with the City and we will continue to support the City in its effort to develop a drought -proof public water source for the region. Sincerely, Brian G. Williams, P.E. San Patricio MWD, General Manager Xc: San Patricio MWD Board of Directors Phone 361-643-6521 Fax 361-643-9093 Page 1 of 1`,11Stifiliji. ;4til7itri,arrj ej+,'i\2driiiliilYrit=.;l6ti�Jsdani��i Irl �ileiitilri `S; it 7J�<fJi`t`-1'fr�f1`�\ Idc Sarah Brunkenhoefer -16N From: CitySecretary Sent: Monday, April 20, 2020 2:55 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Vote no on the loan application to the TWDB FYI. From: Roxane Iglesias <roxane.iglesias1297@gmail.com> Sent: Monday, April 20, 2020 2:16 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Vote no on the loan application to the TWDB [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. 11 I was very disturbed to learn over the weekend about a vote coming up tomorrow - a Resolution authorizing city staff to submit a loan application to the Texas Water Development Board in the amount of $222,475,000 to construct the Inner Harbor Seawater Desalination facility. This has been a general issue I have been learning and becoming more and more concerned about during the last several months and am horrified about the impact the industrial build -out planned for our coastal bend will have on our air, water, wildlife and last but not least, human health. The more our community finds out, the more public opposition there is to seawater desalination. I had been walking the neighborhoods of my district for weeks prior to the virus outbreak, speaking to neighbors about the issue and I did not meet one who did not oppose this danger to our environment. I believe that naming the Resolution as a "Resolution requesting financial assistance from the Texas Water Development Board for design and construction of improvements to the City's Utility system'; and the fact that there was absolutely no mention that the entire loan is for the sole purpose of constructing the desal facility on the Inner Harbor was DECEPTIVE! Please Ben, I know you want your family and its future generations to be able to enjoy our piece of God-given Earth, for which we should be responsible stewards. There HAVE to be cleaner, safer options! Make the industry foot the bill to do so!!! "Vote no on the loan application to the TWDB". Sincerely, Roxane Iglesias 1 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 04/21/20 NAME: Dewey Magee III ADDRESS: 4252 Kestrel Ln CITY: Portland TOPIC: Item #16 4/21/20 agenda STATE: TX ZIP: 78374 AGENDA ITEM NUMBER (if applicable): 16 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Your announcement of this item is beyond confusing. There is no mention of the desalination plant which is the purpose of this item. As a regional water user, I expected better from the council. Your attempt at transparency is clear as mud. Since the covid-19 situation prevents face to face discourse, I feel this is being used as an endrun to push an item through for industry not the general drinking water supply of your voters. Do the honorable thing, vote NO for item 16. Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 20, 2020 2:56 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Comment for Council Meeting April 21, 2020 from Carrie Meyer Attachments: Carrie Meyer Public Comment Form April 21 2020.pdf FYI. From: Carrie Robertson Meyer <thirdcoastphoto@gmail.com> Sent: Monday, April 20, 2020 2:13 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Public Comment for Council Meeting April 21, 2020 from Carrie Meyer [[ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Dear Rebecca Huerta, Please find my Public Comment attached, filled out with the city's form, for tomorrow's City Council meeting. Sincerely, Carrie »<{{O> <°}}»< Carrie Robertson Meyer 4401 Gulfbreeze Blvd CC TX 78402 email: thirdcoastphoto@gmail.com cell: 361-442-0628 1 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 04/21/20 NAME: Carrie Robertson Meyer ADDRESS: 4401 Gulfbreeze Blvd. CITY: Corpus Christi TOPIC: Vote NO on Desal loan STATE: TX ZIP: 78402 AGENDA ITEM NUMBER (if applicable): If no agenda item is specified, then this will be considered a general public comment and not a public hearing. I implore you to vote NO on the Resolution to seek a loan from the TWDB to build the Inner Harbor desalination facility. The way it is worded makes it look like you're trying to slide this by the public without saying the word "Desalination" -- not transparent at all. Especially when this COVID-19 crisis is going on and the much lower tax income that the city should expect to receive after all the economic damage from the fallout of the pandemic, it's absolutely irresponsible to borrow $222 million to build a desal plant to service new industry. We have plenty of drinking water for the population of our area, thanks to previous taxpayer investments in the Mary Rhodes Pipeline. Make new industry (ExxonSABIC) build their own water plant if they want water. This loan is plain and simple corporate welfare paid for on the backs of the taxpayers. Please remember that you were elected by the PEOPLE to represent the PEOPLE, not huge business interests. Respectfully, Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 20, 2020 1:47 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Item # 16 on tomorrow's April 21 Council Agenda Attachments: letter to Mayor and Council re TWDB app.pdf FYI. From: summerline@verizon.net <summerline@verizon.net> Sent: Monday, April 20, 2020 1:26 PM To: Joe McComb <Joe.McComb@cctexas.com>; Rudy Garza Jr <Rudy.Garza@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Michael Hunter <Michael.Hunter@cctexas.com>; Everett Roy <Everett.Roy@cctexas.com>; Ben Molina <Ben.Molina@cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com> Cc: CitySecretary <CitySecretary@cctexas.com>; Peter Zanoni <peterz@cctexas.com> Subject: Item # 16 on tomorrow's April 21 Council Agenda [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to summerlinePverizon.net. If you are unsure this is correct please contact the helpdesk. Mayor, Members of the Council: Please see the attached letter regarding Item #16 on tomorrow's agenda.. Errol A. Summerlin (361)960-5313 1 Mayor and Members of the Council: Tomorrow, Tuesday, April 21, you are expected to act on Item #16, a Resolution authorizing city staff to submit a loan application to the Texas Water Development Board in the amount of $222,475,000 to construct the Inner Harbor Seawater Desalination facility. However, a member of the public would not know what the Council is truly considering unless they actually review the background materials provided by City staff. The true nature of the action being taken is not clear from the language used in the Agenda notice. Item 16 is described as follows: "Resolution requesting financial assistance from the Texas Water Development Board for design and construction of improvements to the City's Utility system; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its State Water Implementation Fund for Texas; and other matters in connection therewith." There is absolutely no mention that the loan is being sought for the sole purpose of constructing the seawater desalination facility on the Inner Harbor. The language used is misleading at best. A member of the public would think that improvements to the City's Utility system would include updating old and deteriorating water lines or sewer line infrastructure that requires ongoing repair and maintenance. Further, the item is listed in the Consent Agenda, a section normally reserved for matters that are items of a routine or administrative nature. Submitting an application to the TWDB for a loan in the amount of $222.475 million is not routine. Looking closer, it is designated as a General Consent item. It's not even listed under the Consent — Capital Projects, which is exactly what this loan is sought for. Most important, SWIFT funds are not even available for improvements to an entity's utility system. SWIFT funds are only available for projects identified in the state water plan, projects that address water management strategies, i.e. capital projects, not improvements. In the end, the Notice is not adequate to inform the public of what is really being considered; and would appear to have been written with knowledge that it is misleading. In my opinion, the Notice does not meet the City's obligation of transparency or its professed encouragement for citizen participation "to help keep our City Government dynamic, responsive, and accountable." Moreover, it is worth your consideration to determine whether the action violates the Texas Open Meetings Act, Texas Government Code, 551.041. This is a matter of great public interest. Now, I am no expert on this subject, but it appears that the Courts take a particularly hard line on the adequacy of process and specific treatment of a matter because it is of special interest to the community. The adequacy of the notices given pursuant to the Texas Open Meetings Act has been the subject of much case law. It is well settled that if the facts as to the content of the notice are undisputed, the adequacy of the notice is a question of law. No one disputes the content of the Notice. It is what it is. Accordingly, the courts examine the facts to determine whether a particular subject is sufficiently described or requires more specific treatment because it is of special interest to the community. The more important the particular subject is to the community, the more specific the posted notice must be. If it is determined that the subject matter required more specificity in the notice, the specific action taken by the governing body would be a violation of the Act and subject to judicial invalidation. Another important element that the courts look at is whether the notice was published in good faith. If the notice is so deficient as to render it a violation of the Act on its own, then the courts will declare the action taken as void. If it is a close call, the courts will look to good faith efforts made to comply with the Act. In this case, it is undisputed that the amount of the loan is not included in the Notice; the Notice does not specify the loan is for a new capital project, but rather improvements to existing infrastructure which are not even eligible for SWIFT funding; the Notice was placed in the Consent Agenda, normally reserved for routine matters. The vagueness of the Notice exacerbates the lack of transparency. There can be no other conclusion to this hastily prepared, un -informing Notice than to question the good faith of its content. There is growing opposition to seawater desalination and any actions taken that would further those projects. It appears Public input was not wanted or sought. Accordingly, whether the Notice placing the matter on the April 21 Agenda passes muster under the Open Meetings Act deserves your scrutiny. This is particularly true because, if the action is taken in violation of the Act, the action taken is voidable. If it is later determined to be void, then the validity of any action taken subsequent thereto is affected. The TWDB requires public notice and opportunity to fully participate in the submission of a full application for SWIFT funding. There is a reason they want certification from the City Secretary that the Open Meetings Act was fully complied with. These are major capital projects and full transparency is mandated. I can only assume that any appearance of the lack of transparency would affect the TWDB's acceptance of the application for SWIFT funds; if nothing else, the submission itself would be void for lack of proper authority to do so. I realize you are allowed to conduct the meeting with relaxed rules on public participation due to Covid-19. But, that does not extend to the Notice itself. I also realize there is a deadline of May 11 to submit the completed application to the TWDB. But, you are not compelled to act now, when public participation is limited to written comment. The TWDB has several funding cycles. The full application can be submitted in the next cycle after a full vetting of where such an action leads us. You don't have the water rights yet; you don't have the discharge permit yet; there are ongoing tests being conducted in the inner harbor, specifically on the intake process, and test results that will not be available for months. If you submit the application now and the TWDB approves the loan, you will then be required to pull the trigger on the loan execution, committing the City and all regional ratepayers to a total capital commitment of $350,000,000 to $390,000,000. As you know, I am not a resident of Corpus Christi. But the actions by the Council on matters of water management and future water demand and supply affect me as a ratepayer. These decisions, the reasons behind moving in this direction, and the real impacts to public health, our ecosystem, and quality of life affect me in many more ways than a utility bill. So, if you do proceed with a vote tomorrow, I am asking each of you to Vote No on adopting the Resolution being offered as Item #16 on tomorrow's Agenda. Respectfully, Errol A. Summerlin Submitted via email transmission this 20th day of April, 2020. Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:08 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: April 21 Council Meeting Item #16 FYI. From: Clare Lee <mclare.lee@gmail.com> Sent: Tuesday, April 21, 2020 7:57 AM To: Joe McComb <Joe.McComb@cctexas.com>; Rudy Garza Jr <Rudy.Garza@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Michael Hunter <Michael.Hunter@cctexas.com>; Everett Roy <Everett.Roy@cctexas.com>; Ben Molina <Ben.Molina@cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com> Cc: CitySecretary <CitySecretary@cctexas.com> Subject: April 21 Council Meeting Item #16 11 WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Mayor McComb and Members of the Council, I urge you to vote NO on the April 21 Resolution to authorize the city staff to apply for a loan to the Texas Water Development Board for over $222,000,000. The language in the resolution is far to vague for the public get a clear understanding of how these funds will be used. In these uncertain times, it is incomprehensible that we would take on such a burdensome debt for such unclear purposes. At a minimum, the vote should at least be postponed until the citizens of Corpus Christi can have further input. Thank you for your attention to this matter. Clare Lee 7046 Hathor 78412 361-537-0312 Virus -free. www,avg,com 1 Sarah Brunkenhoefer From: Rebecca Huerta Sent: Tuesday, April 21, 2020 8:36 AM To: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Comment on Agenda Item 16 (SWIFT Loan Application) Attachments: City Council_Public Comment_Agenda Item 16 (SWIFT Loan Application)_21 Apr 2020.docx One more public comment. Rebecca L. Huerta TRMC, CMC City Secretary City- of Corpus Christi 1201 Leopard Street 1 Corpus Christi, TX 78401 P.O. Box 92771 Corpus Christi, TX 78469-9277 Phone: (361) 826-3105 Fax: (361) 826-3113 RebeccaH4cctexas.com If your e-mail is a Public Information Request, please send to CityOpenRecords@cctexas.com. From: Bob Paulison <bobpaulison@gmail.com> Sent: Tuesday, April 21, 2020 7:51 AM To: Ben Molina <Ben.Molina@cctexas.com>; Everett Roy <Everett.Roy@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com>; Michael Hunter <Michael.Hunter@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Rudy Garza Jr <Rudy.Garza@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>; Joe McComb <Joe.McComb@cctexas.com>; Rebecca Huerta <RebeccaH@cctexas.com> Subject: Public Comment on Agenda Item 16 (SWIFT Loan Application) [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Good morning, Mayor and Council - I have submitted the attached document to the public comment docket for today's meeting. Port Industries strongly supports submission of the full SWIFT Loan Application for the seawater desalination facility on the Inner Harbor. Please let me know if you have any questions, or if I can be of assistance. Thank you. Cheers, Bob 1 Bob Paulison Executive Director Port Industries of Corpus Christi bobpaulison@gmail.com 361.563.2888 (mobile) 2 Comment on City Council Agenda Item 16 — 21 April 2020 Bob Paulison (15821 Almeria Ave.) representing Port Industries of Corpus Christi...an organization comprised of 19 companies that includes refiners, chemical and materials manufacturers, and distribution and terminal facilities in Nueces, San Patricio and Kleberg Counties. On behalf of the member companies, I want to express great appreciation for the City's continuing efforts to ensure that our region has a strong, drought resistant, and reliable supply of water for many years to come. We strongly support submission of a SWIFT loan application to the Texas Water Development Board for development of a seawater desalination plant on the Corpus Christi Inner Harbor. A drought resistant supply supports the overall economic health and vitality of the entire region, and the City's efforts to expand its portfolio of water sources to improve the reliability and sustainability of the water supply is to be applauded. Over the past several years, the City of Corpus Christi, the San Patricio Municipal Water District, Port Industries, the Port of Corpus Christi, and the Corpus Christi Regional Economic Development Corporation have worked collaboratively with the goal of achieving a drought proof water source for the area. Additionally, the group has supported the City's examination of a number of alternative water sources. We agree with a multiple source approach; and we agree with the decision to move forward with the development of a seawater desalination facility at this time. Other sources may be able to bring additional diversity to our water supply, but the work that has been completed to date leads us to conclude that seawater desalination, because of its flexibility and reliability, needs to be component of the City's overall water supply system. As an aside, I want to note that the working group's efforts with the City also led to a program where large volume water users are voluntarily paying a surcharge ($0.25/1000 gallons consumed) to provide funds for future water supplies, which the City has committed to use toward ensuring that we have a reliable water supply for the entire area. Water supply security is critically important to us all. In closing, Port Industries strongly supports submission of the SWIFT loan application under consideration, and appreciates the City Council's willingness to continue to make a reliable and sustainable water supply a priority. Thank you. Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:06 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Save CC Bay! Oppose desalination in Corpus Christi FYI. From: Melissa Zamora <mzamora1818@yahoo.com> Sent: Tuesday, April 21, 2020 12:52 AM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Save CC Bay! Oppose desalination in Corpus Christi [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: DATE OF MEETING (mm/dd/yy): 04/21/20 NAME: _Melissa Zamora ADDRESS: 3917 Brawner Pkwy CITY: Corpus Christi STATE: _TX ZIP: _78411 TOPIC: Desalination in Corpus Christi SWIFT loan AGENDA ITEM NUMBER: _#16 20-0480 I strongly oppose the resolution for the city of Corpus Christi to apply for a SWIFT loan or take any part in creating a desalination plant in this area and you should also oppose. It is surrounding oil and gas, plastic and liquid natural gas industries that need a drought proof water supply, NOT the city of Corpus Christi residents. I believe that a decision this big, to ask for a multi-million dollar loan and introduce contaminated seawater into the public drinking supply is a very bad idea and I urge you to reconsider the options and call for a city wide vote! Conservation of the water we have, our sporadic heavy rains should be collected and utilized as needed for residents. According to the multiple TCEQ violations related to CC's public drinking water, our city water department does not have a good history of keeping up with regular maintenence, so instead of investing in desalination whidh we dont need, invest in maintaining and rebuilding our critical infrastructure Thank you [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. 11 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:05 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: City Council April 21, 2020 meeting - Public Comment on Agenda #16 (File# 20-0480) - SWIFT loan for desalination plant FYI. From: Bob Gonzalez <bobgo1318@gmail.com> Sent: Monday, April 20, 2020 11:33 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: City Council April 21, 2020 meeting - Public Comment on Agenda #16 (File# 20-0480) - SWIFT loan for desalination plant Corpus Christi City Council Members, I would like to offer comment on Agenda #16 (File# 20-0480) of the upcoming April 21, 2020 city council meeting. I am urging city council members to vote no on the proposal to apply for the TWDB SWIFT loan for an amount of over $222 million. Unquestionably, the vast majority of Corpus Christi citizens have no idea that this kind of debt is being proposed for their city solely for the benefit of industry, no matter the interest rate. As stated very clearly in the document entitled "CORPUS CHRISTI INDUSTRIAL SEAWATER DESALINATION" located at https://www.cctexas.com/sites/default/files/seawater-desalination-project-summary.pdf, the Inner Harbor desalination plant is part of the "one or two 10 -20 -MGD plants producing sufficient water to protect major industries from shortages during drought conditions." This is clearly for the benefit of industry. As for cost, the aforementioned document states that "water produced would be more costly than existing surface water supplies given current desalination technologies." In addition, Table 5D.10.3. in the 2021 Region N Water Planning Group draft document at https://www.nueces-ra.org/CP/RWPG/pdfs/RegionN 2021DraftRWP.pdf estimates an ongoing annual cost of over $36 million per year in September 2018 dollars for a 10 mgd plant (almost triple for a 30 mgd plant). This will certainly increase over time and I have seen absolutely no written guarantees that Corpus Christi citizens will not have costs passed on to them. I want to finish by mentioning the environmental effect of discharging 17 million gallons of concentrated brine per day into Corpus Christi Bay as mentioned in the city's document https://www.cctexas.com/sites/default/files/desalination- update-january-2020.pdf. This is a massive amount of salinity being added to an environmentally sensitive area and will certainly have a deleterious effect on various species of animals and plants. Again, I hope that you will consider all of these factors and vote no on this proposal. Thank you very much, Bob Gonzalez 8033 S Padre Island Dr Apt 602 1 Corpus Christi, TX 78412 2 [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to 11 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:05 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Comment for City Council meeting FYI. From: Teresa Carrillo <teresaacarrillo@gmail.com> Sent: Monday, April 20, 2020 10:13 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Public Comment for City Council meeting My apologies if this is a multiple submission. I find the "form" for input of comments, difficult and possible missing a step. My problem could be me though! And I use an iMac and Safari. Here are my comments to be read into the record. PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: CITY COUNCIL DATE OF MEETING (mm/dd/yy): 04/21/20 NAME: TERESA A CARRILLO ADDRESS: 730 HARRISON ST. CITY: CORPUS CHRISTI STATE: TX ZIP: 78404 TOPIC: POSTPONE SWIFT FUND LOAN APPLICATION AGENDA ITEM NUMBER (if applicable): #16 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Dear MAYOR MCCOMB, Please consider POSTPONEMENT of the SWIFT Fund Loan Application to the TWDB. In these extraordinary times, when citizen involvement is limited due to coronavirus concerns I ask you to postpone submitting this quarter billion dollar application. Consider the federal, state and local Nueces County "Stay at Home" order that interferes with citizen participation. Consider the staggering crash of the crude oil industry. Consider that the City will be encumbered with a huge debt that in a slow economy, with no need for desal water, may be another burden on citizens already under crushing debt. 1 Besides the onerous debt citizens would shoulder, the mis-leading naming of the agenda item, and the lack of citizens to be engaged in the process, this desal plant would have a damaging effect on the bays and estuaries of the Coastal Bend. The City of Corpus Christi has fought for many years, now decades, to keep the salinity of Nueces and Corpus Christi Bays from creeping up Teresa A Carrillo Be your own kind of beautiful! 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:03 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Vote No on TWDB loan for Inner Harbor Water Desalination Facility FYI. From: pegduranl@gmail.com <pegduranl@gmail.com> Sent: Monday, April 20, 2020 9:55 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Vote No on TWDB loan for Inner Harbor Water Desalination Facility +-evik [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. 11 Warning: Replies to this message will go to peoduran1 )gmail.com. If you are unsure this is correct please contact the helpdesk. The vote for a loan totaling over $222,000,000 to the Texas Water Development Board is not being conducted openly. We expect our City and Council to be transparent and honest. To state that the money is to be used for "improvements to the City's Utility system" when it is actually being sought for the creation of a desalination facility on the Inner Harbor is very misleading. I would have thought that meant to fix old water lines and upgrade our aging sewer infrastructure. Mr. Mayor and City Council Members, my husband and I have lived here since 1980, we have raised our family here and worked in healthcare here. We have been studying desalination projects and are quite frankly concerned about its effects on our bay and fisheries. Please insist on more openness so that the citizens here know what you are really voting for. I believe that amount of money would be much more helpful on actually fixing what is broken than used to create something that may be problematic and environmentally unsound. That water will be used mostly by industry yet paid for by taxpayers. Please do not vote for this while we are under stay-at-home orders from Covid-19 and unable to personally voice our concerns to you. Thank you very much for your attention. Sincerely, Peggy and Jose Miguel Duran, MD 4022 Congressional Drive Corpus Christi, TX 78413 361 696-9366 pegduranl@gmail.com 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:03 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: City COuncil Meeting 4.21. Agenda Item 16. Attachments: 4.20. Public Comment Form. araiza. 2.pdf FYI. From: Isabel Araiza <isabel.araiza.ortiz@gmail.com> Sent: Monday, April 20, 2020 9:30 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: City COuncil Meeting 4.21. Agenda Item 16. [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com.1] Please find attached to this email, my comment re: the $222.475 million dollar SWIFT loan. In case the document his blanks here is my information: Isabel Araiza 326 Poenisch, Corpus Christi, TX 78412 Subject: $22.475 million dollar SWIFT loan. Action Item 16. SWIFT LOAN. I'm apalled that the City Council would choose to do this at this time --in the midst of a global pandemic, after more than 22.5 million ppl filed for unemployment in 4 weeks time, after community businesses & schools have been closed for 4 weeks. This loan is for a desalination plant for future, heavy industrial buildout. This loan app is a form of corporate welfare for billion -dollar corporations like Exxon-SABIC's Gulf Coast Growth Ventures. People & local businesses DON'T need desalination; future heavy industry does. I'm tired of city council selling out the public; asking us to subsidize private petrochemical industries. When we take out loans, we compromise future city residents' ability to invest in projects that will enhace the quality of life of all residents, not just rich industrial companies. Item 16: a $222.5million loan only serves to make already rich petro -chemical industries richer while our future city budgets face certain budget cuts. This is unacceptable. Thank you, Isabel Araiza For the Greater Good 1 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City COuncil DATE OF MEETING (mm/dd/yy): 04/21/20 NAME: Isabel Araiza ADDRESS: 326 Poenisch CITY: Corpus Christi TOPIC: $222.475 million SWIFT LOAN STATE: TX ZIP: 78412 AGENDA ITEM NUMBER (if applicable): Item 16. Swift Loan If no agenda item is specified, then this will be considered a general public comment and not a public hearing. I'm apalled that the City Council would choose to do this at this time --in the midst of a global pandemic, after more than 22.5 million ppl filed for unemployment in 4 weeks time, after community businesses & schools have been closed for 4 weeks. This loan is for a desalination plant for future, heavy industrial buildout. This loan app is a form of corporate welfare for billion -dollar corporations like Exxon-SABIC's Gulf Coast Growth Ventures. People & local businesses DON'T need desalination; future heavy industry does. I'm tired of city council selling out the public; asking us to subsidize private petrochemical industries. When we take out loans, we compromise future city residents' ability to invest in projects that will enhace the quality of life of all residents, not just rich industrial companies. Item 16: a $222.5million loan only serves to make already rich petro -chemical industries richer while our future city budgets face certain budget cuts. This is unacceptable. Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:02 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Vote NO on Item #16 on 4/21/20 FYI. From: Diana DE <dianadaveli@gmail.com> Sent: Monday, April 20, 2020 8:36 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: Vote NO on Item #16 on 4/21/20 [ [ WARNING: External e-mail. Avoid clicking on (inks or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. 11 Mayor and Councilmembers: Vote NO on Item #16 on 4/21/20. In the agenda Notice, there is NO mention of the fact that this $222.475 million dollar loan is solely for a desalination plant. This is NOT accurately represented in the phrase "improvements to the City's Utility System." You know there is growing public scrutiny and opposition to these facilities, and you are taking advantage of a global pandemic to push through your agenda while keeping the public shut out. This item is listed under the "Consent Agenda" section, which is inappropriate as this item is NOT routine. It is also listed as a "General Consent" item rather than "Consent- Capital Projects" which is what this loan would be for. SWIFT loans cannot be used for improvements to our utility system, which further proves the point that the claim in the Notice that the resolution concerns "improvements to the City's Utility System" is unacceptably inaccurate and smells intentionally deceptive. This does NOT meet the City's obligation of transparency. This is likely a violation of the Texas Open Meetings Act, Texas Government Code, 551.041. As I'm sure you are aware, if an action is taken that is later found to be in violation of the Texas Open Meetings Act, that action will be voided. If you proceed with a vote on Item #16, many members of this community will be prepared to call out your actions for both community and legal scrutiny. If you fully believe in what you are doing—that it is in the best interest of every Corpus Christi resident, that you believe the public would support your actions, that you have been honest about what/ who these facilities are for and what impacts they would have—if you believed those things, you would not be sneakily trying to pass this item behind the veil of a misleading Notice during an unprecedented time when residents literally cannot look you in the eye and tell you how they feel. This community does not need desalination facilities. Heavy industry does. We have water, and they want/need more than we have. That's why you are pursuing these permits for these plants: heavy industry. Not the people of Corpus Christi. We do not want these facilities polluting our bays and killing our wildlife. We do not want them to ruin our economy (e.g. fishing and tourism). We do not want the plethora of industries they are being built to supply water for. We do not want the cancer and asthma and birth defects and chronic conditions they will bring. We do not want the 1 contamination of our existing water supply. We do not want the increased utility bills other communities with desal have inevitably suffered. We do not want any of it. We want you to do the right thing. We want you to vote NO. null 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, April 21, 2020 8:02 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Comment for 4/21/20-- Item #16 FYI. From: Brittany Garcia <blsg1990@gmail.com> Sent: Monday, April 20, 2020 7:05 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Public Comment for 4/21/20-- Item #16 [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Mayor and Councilmembers: Vote NO on Item #16 on 4/21/20. In the agenda Notice, there is NO mention of the fact that this $222.475 million dollar loan is solely for a desalination plant. This is NOT accurately represented in the phrase "improvements to the City's Utility System." You know there is growing public scrutiny and opposition to these facilities, and you are taking advantage of a global pandemic to push through your agenda while keeping the public shut out. This item is listed under the "Consent Agenda" section, which is inappropriate as this item is NOT routine. It is also listed as a "General Consent" item rather than "Consent- Capital Projects" which is what this loan would be for. SWIFT loans cannot be used for improvements to our utility system, which further proves the point that the claim in the Notice that the resolution concerns "improvements to the City's Utility System" is unacceptably inaccurate and smells intentionally deceptive. This does NOT meet the City's obligation of transparency. This is likely a violation of the Texas Open Meetings Act, Texas Government Code, 551.041. As I'm sure you are aware, if an action is taken that is later found to be in violation of the Texas Open Meetings Act, that action will be voided. If you proceed with a vote on Item #16, many members of this community will be prepared to call out your actions for both community and legal scrutiny. If you fully believe in what you are doing—that it is in the best interest of every Corpus Christi resident, that you believe the public would support your actions, that you have been honest about what/ who these facilities are for and what impacts they would have—if you believed those things, you would not be sneakily trying to pass this item behind the veil of a misleading Notice during an unprecedented time when residents literally cannot look you in the eye and tell you how they feel. This community does not need desalination facilities. Heavy industry does. We have water, and they want/need more than we have. That's why you are pursuing these permits for these plants: heavy industry. Not the people of Corpus Christi. We do not want these facilities polluting our bays and killing our wildlife. We do not want them to ruin our economy (e.g. fishing and tourism). We do not want the plethora of industries they are being built to supply water for. We do not want the cancer and asthma and birth defects and chronic conditions they will bring. We do not want the 1 contamination of our existing water supply. We do not want the increased utility bills other communities with desal have inevitably suffered. We do not want any of it. We want you to do the right thing. We want you to vote NO. Brittany Garcia 2 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): NAME: Neil McQueen 04/21/20 ADDRESS: 4213 Estate Drive CITY: Corpus Christi TOPIC: $222 Million in the Dark STATE: TX ZIP: 78412 AGENDA ITEM NUMBER (if applicable): 16 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Mayor and Councilmembers, I'm writing to express my concern about the lack of transparency you are showing in hiding the vote to request a $222 million loan from the TWDB for the construction of a desalination plant in Agenda Item 16. Since when does the vague description "design and construction of improvements to the City's Utility system" equate to building a desalination plant? This wording, along with placing the item in the Consent Agenda where the public will not be able to hear deliberations or see how you vote, are clear indications that you don't want the public to know about this vote until it is done. Even in a pandemic, we still live in a democracy where the public has a right to know how our elected leaders vote and to participate in the legislative process. I urge you to table this vote until the COVID-19 crisis has abated and citizens can once again attend Council meetings. At a minimum, any discussion or vote on this important issue should be held in public. PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: City Council DATE OF MEETING (mm/dd/yy): 4/21/20 NAME: Wendy Hughes ADDRESS: 2129 Bay Breeze CITY: Portland STATE: TX TOPIC: Loan app to the TX Water Development Board ZIP: 78374 AGENDA ITEM NUMBER (if applicable): 16 If no agenda item is specified, then this will be considered a general public comment and not a public hearing. Your agenda does not mention that the loan requested is for the sole purpose of constructing the seawater desalination facility on the Inner Harbor. Why are you seeking to mislead your citizens? Along with the fact that we can't have a public meeting on this during Covid 19 so everyone knows what you are voting on. This is not being transparent. Their is great public opposition to seawater Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 20, 2020 7:57 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Opposition to J3PV rezoning case # 0220-02 FYI. From: Elisa Verratti <everratti@gmail.com> Sent: Saturday, April 18, 2020 2:57 PM To: CitySecretary <CitySecretary@cctexas.com> Subject: [EXTERNAL]Opposition to J3PV rezoning case # 0220-02 [[ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To whom it may concern, As owners of the property of 129 Porto Villageo, we vehemently oppose the proposed changes for a number of reasons. Their public notification slide is misleading for 2 reasons. The single vote in favor of the proposal is the HOA. The management company running the HOA was hired by the developers to create this HOA after they purchased the land in our subdivision. For them to say that the members of the HOA approve the proposal is misleading at best and likely a conflict of interest. No-one at the HOA was authorized to speak for us as our representative or to state that they had our approval for sending the letter. There is not a single homeowner I've spoken to who actually approves of this proposal. This same HOA has just now started repairs to the boardwalk and pool area that have been needed since Hurricane Harvey in 2017, even after they had us pay new HOA dues in 2018. The timing of these repairs is suspiciously convenient for them, and it is unclear to me if they are really concerned about the best interests of the homeowners they claim to represent. Saying that there were only 2 opposed for 0.0874% is also misleading. The notification area only includes 7 of the 9 homeowners in the development. The rest of the notifications are currently vacant lots, protected wetland, or highway! This means they are counting 26 "properties" unrepresented by people who actually live in or own houses in the subdivision. Making this calculation based on square footage alone (which is what it appears to be) diminishes the opinions and concern of actual residents and owners in comparison to empty lots and unusable space. This is a manipulation of data purely for the developer's self interest. People who have invested money and time in actual homes here should be given more respect, and their opinions should be given more weight than the padded numbers they have created with vacant lot "approval". We are very concerned about this new development that completely disregards the deed restrictions that were in place when we bought the property. Large, single family stucco houses, with garages and tile roofs, distinct requirements for building setback and separation were a huge deciding factor for our choice to buy this property. This is one of the few neighborhood with these qualities. If we wanted to buy a tiny house in a cluster village of look-alikes, we could have had dozens of neighborhoods to choose from and purchased at a much lower price point. We believed the deed restrictions and HOA requirements would protect our investment and the unique appeal of the subdivision, but these proposed changes would destroy all of those desirable aspects of this subdivision and devalue our existing houses significantly. Our house is currently the smallest in the neighborhood, with just over 2500 square feet of living space on a lot of 5000 square feet. The minimum restrictions say that the interior dimensions should be no less than 1500 square feet of livable space. To say that these new structures with 1400 square foot LOTS would "fit in just fine" next to a 2500 square foot house is simply ridiculous. One of those lots would be right next to our property, and would be completely dwarfed by our house. With the proposed zero lot lines and largely paved property, the runoff could easily cause flooding of our house. The lack of height restrictions is also conceming, as that can easily be abused. We are not opposed to new development, but we would like our investment and our deed restrictions to be respected. This proposal is not respectful of any of that. The developers have not been straightforward with their proposal process, as you can see from comments sent by other residents who were actually able to attend all the meetings. We hope that J3PV Investments will take their ideas back to the drawing board and come up with an idea that is not completely dismissive of the concerns that we all have. Please feel free to contact us if you have any questions or concems. Thank you, Elisa and David Verratti 129 Porto Villageo everrattiOgmail.com, 512-608-5551 dverratti(a�gmail.com 512-517-0341 1 AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 4, 2020 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com 361-826-3105 Ratification of Mayor's Appointment to Texas Municipal League (TML) Municipal Policy Summit CAPTION: Motion ratifying the appointment of Intergovernmental Relations Director Tammy Embrey as the City's delegate to the 2020 Texas Municipal League (TML) Municipal Policy Summit. SUMMARY: TML has requested that the City appoint one delegate to represent our interests at the August 3-4, 2020, TML Municipal Policy Summit. The summit, which is simply a legislative committee that will make recommendations on the League's 2021-2022 legislative priorities, is a key component of the League's policy development process. The deadline to make the appointment was May 1. Mayor Joe McComb has appointed Intergovernmental Relations Director Tammy Embrey as the City's delegate. He requested Council ratification of this appointment at the first available regular Council meeting. BACKGROUND AND FINDINGS: In previous years, TML held a municipal policy summit and a resolutions committee meeting at the TML Annual Conference. The Intergovernmental Relations (IGR) Director participated in the municipal policy summit, and a council member was appointed to serve on the resolutions committee. The TML Constitution was recently amended, however, to eliminate the Resolutions Committee at the TML Annual Conference. Instead, resolutions submitted by member cities, and the report of the Municipal Policy Summit, will go directly to the Business Meeting at the conference. Each city at the Business Meeting designates its own voting delegate who has one vote on each matter. No city may have more than one delegate on the committee. Mayor McComb has appointed IGR Director Tammy Embrey as the City's delegate to the Municipal Policy Summit since she served on it last year. In the future, the appointment of an elected official could be considered. FISCAL IMPACT: None Funding Detail: None LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: TO: FROM: May 7, 2020 Peter Zanoni, City Manager Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3873 Ordinance Extending the Local State of Disaster Declared and Renewed by the Mayor of the City of Corpus Christi Texas; and declaring an emergency CAPTION: Ordinance Extending the Local State of Disaster as related to Covid-19 Declared and Renewed by the Mayor of the City of Corpus Christi Texas; and declaring an emergency SUMMARY: The Mayor of Corpus Christi issued a declaration of a local state of disaster on March 13, 2020, pursuant to 418.108 of the Texas Government Code due to this public health emergency. Texas Local Gov't Code 418.108 requires the City Council to consent to the continuation of a local state of disaster declared by the Mayor for a period in excess of 7 days. The City Council continued the declaration for 30 days on March 17, 2020. Following City Council's continued declaration, the mayor has renewed the declaration multiple times. Furthermore, Texas Administrative Code, Title 37, § 7.41 provides: "Requests for state or federal recovery assistance must be initiated by local government. The chief elected official of the jurisdiction must have declared a local State of Disaster before requesting disaster recovery assistance." Although the City has already issued a declaration and submitted it to the governor, via the Texas Division of Emergency Management, the safest course is to extend the declaration of local disaster for the duration of the Texas Governor's disaster proclamation to avoid any future disputes for funding. BACKGROUND AND FINDINGS: This provision will extend the following declarations to until the date the Texas Governor's disaster proclamation is terminated: • Declaration of a Local State of Disaster Due to a Public Health Emergency by the Mayor of the City of Corpus Christi • Ordinance Extending the Local State of Disaster Declared by the Mayor of the City of Corpus Christi Texas on March 13, 2020; providing for penalties; and declaring an emergency • Renewals of Declaration of a Local State of Disaster Due to a Public Health Emergency by the Mayor of the City of Corpus Christi; and providing a penalty for C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280EB7E4\@BCL@280EB7E4.docx violation of Mayor's and Governor's Orders ALTERNATIVES: To not Extend the Local State of Disaster Declared and Renewed by the Mayor. FISCAL IMPACT: Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: To extend the Extending the Local State of Disaster Declared and Renewed by the Mayor. LIST OF SUPPORTING DOCUMENTS: Ordinance C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280EB7E4\@BCL@280EB7E4.docx Ordinance Extending the Local State of Disaster as related to Covid-19 Declared and Renewed by the Mayor of the City of Corpus Christi, Texas; and declaring an emergency. WHEREAS, the Governor of Texas issued a disaster proclamation on March 13, 2020, certifying under Section 418.014 of the Texas Government Code that the novel coronavirus (COVID-19) poses an imminent threat of disaster for all counties in the State of Texas; WHEREAS, the Governor of Texas renewed the disaster proclamation on April 12, 2020, stating that the novel coronavirus (COVID-19) poses an imminent threat of disaster for all counties in Texas; WHEREAS, the Mayor of Corpus Christi issued a declaration of a local state of disaster on March 13, 2020, pursuant to 418.108 of the Texas Government Code due to this public health emergency and has renewed the declaration multiple times; WHEREAS, the City Council of Corpus Christi extended the declaration of a local state of disaster pursuant to 418.108 of the Texas Government Code due to this public health emergency; WHEREAS, a state of disaster continues to exist in the City of Corpus Christi due to the spread of COVID-19; and WHEREAS, pursuant to the Texas Disaster Act of 1975, as amended, Texas Government Code Annotated, Chapter 418, (the "Texas Disaster Act"), the Mayor is designated as the Emergency Management Director of the City of Corpus Christi, and may exercise the powers granted to the Governor on an appropriate local scale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Continuation of Local State of Disaster. The Declaration, Renewals, and Extension of Declaration of a Local State of Disaster Due to a Public Health of the City of Corpus Christi shall continue until the date the Texas Governor's disaster proclamation is terminated unless further extended by order of the City Council. Section 2. Publicity and Filing. Pursuant to §418.108(c) of the Texas Disaster Act, this local state of disaster due to this public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. Section 3. That the orders issued during the local state of disaster shall have the force and effect of law until the state of disaster is terminated. Section 4. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 12th day of May, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of , 2020 Corpus Christi, Texas PASSED AND APPROVED on this the day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith C:AUsers\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200EF2F2\@BCL@200EF2F2.docx AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting May 12, 2019 Second Reading Ordinance for the City Council Meeting May 19, 2019 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 Acceptance of the COVID-19 Response grant contract in the amount of $285,679.00 for the contract period May 12, 2020 through May 15, 2021. CAPTION: Ordinance authorizing the acceptance and appropriation of a grant contract in the amount of $285,679.00, from the Texas Department of State Health Services in the Health Grants Fund, to perform activities in support of Coronavirus 19 (COVID-19) May 12, 2020, through March 15, 2021; and declaring an emergency SUMMARY: This ordinance authorizes a contract in the amount of $285,679.00 with the Department of State Health Services (DSHS). The contract provides for personnel costs, supplies, equipment and other expenses. This contract assists the Public Health Emergency Program (PHEP) in preventing, controlling, and investigating COVID-19 cases within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). BACKGROUND AND FINDINGS: History: The Texas Department of State Health Services (DSHS) has awarded a new COVID-19 grant contract to the CCNCPHD to assist in preventing, controlling, and investigating COVID-19 cases in our community. This grant provides for personnel costs, supplies, equipment and other expenses to offer services and associated activities to prevent and control COVID-19 within the jurisdiction of the CCNCPHD. The contract is effective May 12, 2020 and terminates on March 15, 2021, unless renewed, extended, or terminated pursuant to the terms and conditions of the contract. DSHS, at its sole discretion, may extend this contract for any period(s) of time, provided the contract term, including all extensions or renewals. Nueces County has 99 recorded cases of COVID-19. Purpose: These COVID-19 funds provide the Health District with 2 Public Health Tech's (PTE) that provide outreach services targeted at identification of new and/or suspect COVID-19 cases through contact tracing investigations and targeted testing. The PHEP program consist of 4 employees, 1 City general fund, 3 County Grant employees. ALTERNATIVES: Refuse acceptance of the grant would reduce current COVID-19 capacity to our community. FISCAL IMPACT: This grant funding in the amount of $285,689.00 is to provide COVID-19 prevention and control services to our community. There is no fiscal impact to the general fund. Funding Detail: Fund: 1066 Organization/Activity: 831556F Mission Element: 103 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000768700001 Ordinance Ordinance authorizing the acceptance and appropriation of a grant contract in the amount of $285,679.00, from the Texas Department of State Health Services in the Health Grants Fund, to perform activities in support of Coronavirus 19 (COVID-19) May 12, 2020, through March 15, 2021; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $285,679.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of May 12, 2020, through March 15, 2021, to perform activities in support of Coronavirus 19 (Covid-19) Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: A copy of the executed grants shall be filed in the office of the City Secretary. Section 4: That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 12th day of May, 2020. This ordinance takes effect upon City Council approval on this the day of May, 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PASSED and APPROVED on this day of , 2020. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everette Roy Greg Smith DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F INTERLOCAL COOPERATION CONTRACT THE DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000768700001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("Local Government," "Grantee," "Performing Agency," or "Contractor"), each a "Party" and collectively the "Parties," enter into the following contract for activities in support of Coronavirus 2019 (COVID-19) response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC-RFA-TP18-1802) from the Centers for Disease Control and Prevention (CDC) (the "Contract" or the "Base Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. I. PARTIES The following will act as the Representative authorized to act on behalf of their respective Party. System Agency Name: Department of State Health Services Address: 1100 W. 49th Street, MC 1990 City and Zip: Austin, TX 78756 Contact Person: Quynh-Nhi Ge Telephone: 512-776-2304 Fax number: 512-776-7391 E -Mail Address: Quynhnhi Ge@dshs.texas.gov Agency Number: 537 Local Government Name: Corpus Christi-Nueces County Public Health District (CITY) Address: 1702 Horne Road City and Zip: Corpus Christi, TX 78416 Contact Person: Moriam Ojelade Telephone: 361-826-7251 Fax number: 361-826-1328 E -Mail Address: MoriamO@cctexas.com II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A — Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign this agreement and terminates on March 15, 2021, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both Parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract shall not exceed $285,679.00, as provided for in Attachment B — Budget. System Agency Contract No. HHS000768700001 Page 1 of 3 v.3.1.17 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F VI. LEGAL NOTICES Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services 1100 W. 49th Street, MC 1911 Austin, TX 78756 Attention: Office of General Counsel Local Government Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, TX 78416 Attention: Moriam Ojelade Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting Parties certify that: (1) The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract; (3) The proposed arrangements serve the interest of efficient and economical administration of state government; and (4) The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791, Texas Health and Safety Code, Chapter 81, and Texas Government, Code 531. The Local Government further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791. System Agency Contract No. HHS000768700001 Page 2 of 3 v.3.1.17 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721 A3F96F SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. HHS000768700001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Signature Signature Annette Rodriguez Printed Name Printed Name Health Director Title Title Date Date THE FOLLOWING ATTACHMENTS TO THIS CONTRACT ARE HEREBY INCORPORATED BY REFERENCE AND MADE PART OF THIS CONTRACT: ATTACHMENT A — STATEMENT OF WORK ATTACHMENT B — BUDGET ATTACHMENT C — HHS UNIFORM TERMS AND CONDITIONS — GOVERNMENTAL ENTITY, VERSION 3.0 ATTACHMENT D — DATA USE AGREEMENT ATTACHMENT E — FEDERAL ASSURANCES AND CERTIFICATIONS System Agency Contract No. HHS000768700001 Page 3 of 3 v.3.1.17 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ATTACHMENT A STATEMENT OF WORK COVID-19 — Component B I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform activities in support of Coronavirus 2019 (COVID-19) response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC-RFA-TP18-1802) from the Centers for Disease Control and Prevention (CDC). B. Perform required activities intended to slow the of transmission of the disease, minimize morbidity and mortality, preserve function of healthcare workforce and infrastructure, and minimize social and economic impacts. Required activities include: 1. Surveillance, Laboratory Testing, and Reporting Recipients are required to implement and scale up laboratory testing and data collection to enable identification and tracking of COVID-19 cases in the community and are responsible for immediate implementation of real-time reporting to CDC. Specifically, jurisdictions should focus on the following activities, in accordance with CDC guidelines: a. Conduct surveillance to identify cases, report case data in a timely manner, identify contacts, characterize disease transmission, and track relevant epidemiologic characteristics including hospitalization and death. b. Conduct surveillance to monitor virologic and disease activity in the community and healthcare settings. c. Implement routine and enhanced surveillance to support the science base that informs public health interventions that mitigate the impact of COVID-19, including understanding of clinical characteristics; infection prevention and control practices; and other mitigation requirements. d. Establish or enhance core epidemiological activities to support response such as risk assessment, case classification, analysis, visualization, and reporting. e. Conduct surveillance to monitor disruption in the community caused by COVID-19 and related mitigation activities (e.g., school closures and cancellation of mass gatherings). f. Conduct surveillance to monitor disruption in healthcare systems caused by COVID-19 (e.g., shortages of personal protective equipment). 2. Community Intervention Implementation Plan DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F a. Recipients must develop a brief COVID-19 community intervention implementation plan that describes how the state and local jurisdictions will achieve the response's three mitigation goals: 1) Slow transmission of disease; 2) Minimize morbidity and mortality; and 3) Preserve healthcare, workforce, and infrastructure functions and minimize social and economic impacts. The plan should address how the recipient will: i. Minimize potential spread and reduce morbidity and mortality of COVID-19 in communities. ii. Plan and adapt for disruption caused by community spread and interventions to prevent further spread. iii. Ensure healthcare system response is an integrated part of community interventions. iv. Ensure integration of community mitigation interventions with health system preparedness and response plans and interventions. C. May use funds to pay pre -award costs which date back to January 20, 2020, and directly relate to the outbreak. D. Complete all required and allowable activities by March 15, 2021. E. Develop a work plan outlining allowable activities. Grantee will submit a workplan thirty (30) days after execution of this document and on a template provided by the System Agency. F. Submit a final performance report that describes progress toward achieving the objectives contained in the approved workplan within an established timeframe designated by the Contractual Requirements Schedule, using the template provided by System Agency. G. Not use funds for research, clinical care, fund-raising activities, construction or major renovations, to supplant existing state or federal funds for activities, purchase of vehicles of any kind, uniforms or furniture, or funding an award to another party or provider who is ineligible. Funds cannot be used for the preparation, distribution, or use of any material (publicity or propaganda) or to pay the salary or expenses of grant recipients, contract recipients, or agents that aim to support or defeat the enactment of legislation, regulation, administrative action, or executive order proposed or pending before a legislative body beyond normal, recognized executive relationships. H. Submit monthly local health department COVID-19 spend plans and progress reports within an established timeframe designated by the Contractual Requirements Schedule, using the template provided by System Agency. Failure to submit a required report or additional requested information by the due date specified in this Contract or upon request constitutes breach of contract and may result in delay of payment. Reports should be sent electronically to PHEP@dshs.texas.gov and the assigned Contract Manger. DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F I. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. J. The following documents and resources are incorporated herein by reference and made a part of this Contract as if fully set forth therein: 1. DSHS and CDC Public Health Crisis Response Cooperative Agreement, Funding Opportunity Number: CDC -RFA -TP 18-1802; 2. Project workplan; and 3. Local Health Department COVID Monthly Spend Plan(s). II. PERFORMANCE MEASURES DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. III. REPORTING REOUIREMENTS Grantee, at the request of the System Agency, may be required to submit additional reports determined necessary to accomplish the objectives of and monitor compliance with this Contract. Grantee must submit reports in a format specified by the System Agency. Grantee will provide System Agency financial reports as System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. If Grantee is legally prohibited from providing any report under this Contract, Grantee will immediately notify System Agency in writing. Grantee will provide and submit written reports, by electronic mail in the format specified by System Agency. Grantee will complete and submit the Local Health Department COVID-19 Monthly Spend Plans by the 5th business day of each month. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, telephone number, program name, contract or purchase order number, dates services were completed and/or products were delivered, the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. DSHS will develop performance measures in collaboration with the Grantee. DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. IV. INVOICE AND PAYMENT A. Grantee will request payment monthly using the State of Texas Purchase Voucher (Form B- 13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The Grantee will submit the Financial Status Report (FSR -269A). Vouchers, supporting documentation, and Financial Status Reports should be mailed or emailed to the addresses below. DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.texas.gov & CMSInvoices@dshs.texas.gov B -13s and supporting documentation should be sent to: invoices@dshs.texas.gov & CMSInvoices(a�dshs.texas.gov. FSRs should be sent to: FSRGrants@dshs.texas.gov & CMSInvoices@dshs.texas.gov. B. Subject to submission of required and appropriate documentation, and in accordance with applicable law and governing regulations, Grantee will be reimbursed monthly and in accordance with Attachment B, Budget. DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F Attachment B Budget COVID 19 Funding Allocation Budget Categories DSHS Funding Personnel $28,800.00 Fringe Benefits $0 Travel $0 Equipment $100,500.00 Supplies $125,000.00 Contractual $19,000.00 Other $12,379.00 Total Direct Costs $285,679.00 Indirect Cost Rate Amount $0 Contract Total $285,679.00 Pre -award Cost from January 20, 2020 Budget Categories DSHS Funding Personnel $0 Fringe Benefits $0 Travel $0 Equipment $0 Supplies $0 Contractual $0 Other $0 Total Direct Costs $0 Indirect Cost Rate Amount $0 Contract Total $0 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Governmental Entity Version 3.0 Published and Effective - March 1, 2020 Responsible Office: Chief Counsel Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 1 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F Table of Contents ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 5 1.1 DEFINITIONS 5 1.2 INTERPRETIVE PROVISIONS 7 ARTICLE II. PAYMENT PROVISIONS 8 2.1 PROMPT PAYMENT 8 2.2 ANCILLARY AND TRAVEL EXPENSES 8 2.3 No QUANTITY GUARANTEES 8 2.4 TAXES 8 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.1 EXCESS OBLIGATIONS PROHIBITED 8 3.2 No DEBT AGAINST THE STATE 8 3.3 DEBT AND DELINQUENCIES 9 3.4 REFUNDS AND OVERPAYMENTS 9 ARTICLE IV. WARRANTY, AFFIRMATIONS, ASSURANCES, AND CERTIFICATIONS 9 4.1 WARRANTY 9 4.2 GENERAL AFFIRMATIONS 9 4.3 FEDERAL ASSURANCES 10 4.4 FEDERAL CERTIFICATIONS 10 ARTICLE V. INTELLECTUAL PROPERTY 10 5.1 OWNERSHIP OF WORK PRODUCT 10 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS 11 5.3 THIRD PARTY IP 11 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS 11 5.5 DELIVERY UPON TERMINATION OR EXPIRATION 11 5.6 SURVIVAL 12 5.7 SYSTEM AGENCY DATA 12 ARTICLE VI. PROPERTY 12 6.1 USE OF STATE PROPERTY 12 6.2 DAMAGE TO GOVERNMENT PROPERTY 13 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT 13 Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 2 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ARTICLE VII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 13 7.1 RECORD MAINTENANCE AND RETENTION 13 7.2 AGENCY'S RIGHT TO AUDIT 13 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS 14 7.4 STATE AUDITOR'S RIGHT TO AUDIT 14 7.5 CONFIDENTIALITY 15 ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 15 8.1 CONTRACT REMEDIES 15 8.2 TERMINATION FOR CONVENIENCE 15 8.3 TERMINATION FOR CAUSE 15 8.4 PERFORMING AGENCY RESPONSIBILITY FOR TERMINATION COSTS 16 ARTICLE IX. GENERAL PROVISIONS 16 9.1 AMENDMENT 16 9.2 INSURANCE 16 9.3 LIMITATION ON AUTHORITY 16 9.4 LEGAL OBLIGATIONS 17 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS 17 9.6 E -VERIFY PROGRAM 17 9.7 PERMITTING AND LICENSURE 17 9.8 SUBCONTRACTORS 18 9.9 INDEPENDENT PERFORMING AGENCY 18 9.10 GOVERNING LAW AND VENUE 18 9.11 SEVERABILITY 18 9.12 SURVIVABILITY 18 9.13 FORCE MAJEURE 19 9.14 DISPUTE RESOLUTION 19 9.15 No IMPLIED WAIVER OF PROVISIONS 19 9.16 MEDIA RELEASES 19 9.17 No MARKETING ACTIVITIES 20 9.18 PROHIBITION ON NON -COMPETE RESTRICTIONS 20 9.19 SOVEREIGN IMMUNITY 20 9.20 ENTIRE CONTRACT AND MODIFICATION 20 9.21 COUNTERPARTS 20 9.22 CIVIL RIGHTS 20 Health and Human Services Uniform Terms and Condition - Governmental Entity V.3.0 - March 1, 2020 Page 3 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS 22 9.24 DISCLOSURE OF LITIGATION 22 9.25 No THIRD -PARTY BENEFICIARIES 22 9.26 BINDING EFFECT 22 Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 4 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders. "Attachment" means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference and made a part of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, purchase orders, or Work Orders that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means a Work Product(s), including all reports and project documentation, prepared, developed, or procured by Contractor as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Goods" means supplies, materials, or equipment. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "Health and Human Services" or "HHS" includes the Department of State Health Services (DSHS), in addition to the Health and Human Services Commission. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such rights may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 5 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Performing Agency, collectively. "Party" means either the System Agency or Performing Agency, individually. "Performing Agency" means the State Agency providing the goods or services defined in this Contract. "Project" means the goods or Services described in the Signature Document or a Work Order of this Contract. "Receiving Agency" means the State agency receiving the benefit of the goods or services provided under this Contract. "Scope of Work" means the description of Services and Deliverables specified in the Contract and as may be amended. "Services" means the tasks, functions, and responsibilities assigned and delegated to Performing Agency under the Contract. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" means the document issued by the System Agency (including any published addenda, exhibits, and Attachments) under which the goods or Services provided under the Contract were initially requested, which is incorporated by reference for all purposes in its entirety. "Solicitation Response" means Performing Agency's full and complete response (including any Attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravel" means the State Travel Management Program through the Texas Comptroller of Public Accounts website and Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subcontract" means any written agreement between Performing Agency and a third party to fulfill the requirements of the Contract. All Subcontracts are required to be in writing. "Subcontractor" means any individual or entity that enters a contract with the Performing Agency to perform part or all of the obligations of Performing Agency under this Contract. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 6 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F "Third Party IP" means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor. "Work" means all Services to be performed, goods to be delivered, and any appurtenant actions performed, and items produced, conceived, or developed, including Deliverables. "Work Order" means an individually negotiated document that is executed by both Parties and which authorizes a Project, if any, in an indefinite quantity Contract. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the Deliverables, that are developed, produced, generated, or provided by Performing Agency in connection with Performing Agency's performance of its duties under the Contract or through use of any funding provided under this Contract. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 7 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Contract, no ancillary expenses incurred by the Performing Agency in connection with its provision of the Services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include, but are not limited to costs associated with transportation, delivery, and insurance for each Deliverable. B. When the reimbursement of travel expenses is authorized by the Contract, all such expenses will be reimbursed in accordance with the rates set by the State of Texas Textravel available at the Texas Comptroller of Public Accounts State Travel Management Program website. 2.3 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Contract. All Work requested may be on an irregular and as needed basis throughout the Contract term. 2.4 TAXES Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax. Performing Agency represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Performing Agency or its employees. System Agency shall not be liable for any taxes resulting from the contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED The Contract is subject to termination or cancellation, without penalty to the System Agency, ether in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Performing Agency's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Performing Agency for any damages that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 8 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 3.3 DEBT AND DELINQUENCIES Performing Agency agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 REFUNDS AND OVERPAYMENTS A . At its sole discretion, the System Agency may: i. withhold all or part of any payments to Performing Agency to offset overpayments, unallowable or ineligible costs made to the Performing Agency, or if any required financial status report(s) is not submitted by the due date(s); or, ii. require Performing Agency to promptly refund or credit - within thirty (30) calendar days of written notice - any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments," as used in this Section, include payments: i. made by the System Agency that exceed the maximum allowable rates; ii. that are not allowed under applicable laws, rules, or regulations; or, iii. that are otherwise inconsistent with this Contract, including any unapproved expenditures. Performing Agency understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Performing Agency further understands and agrees that reimbursement of such disallowed costs shall be paid by Performing Agency from funds which were not provided or otherwise made available to Performing Agency under this Contract. ARTICLE IV. WARRANTY, AFFIRMATIONS, ASSURANCES, AND CERTIFICATIONS 4.1 WARRANTY Performing Agency warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Performing Agency has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, the System Agency may require Performing Agency, at its sole expense, to: i. Repair or replace all defective or damaged Work; ii. Refund any payment Performing Agency received from System Agency for all defective or damaged Work and, in conjunction therewith, require Performing Agency to accept the return of such Work; and, iii. Take necessary action to ensure that Performing Agency's future performance and Work conform to the Contract requirements. 4.2 GENERAL AFFIRMATIONS Performing Agency certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the General Affirmations and that Performing Agency is in compliance with all requirements. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 9 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 4.3 FEDERAL ASSURANCES Performing Agency certifies that, to the extent federal assurances are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal assurances and that Performing Agency is in compliance with all requirements. 4.4 FEDERAL CERTIFICATIONS Performing Agency certifies that, to the extent federal certifications are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal certifications and that Performing Agency is in compliance with all requirements. In addition, Performing Agency certifies that it is and shall remain in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE V. INTELLECTUAL PROPERTY 5.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Performing Agency and Performing Agency's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a "work made for hire" under applicable federal law, Performing Agency hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Performing Agency agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Performing Agency has any rights in and to the Work Product that cannot be assigned to System Agency, Performing Agency hereby grants to System Agency an exclusive, worldwide, royalty -free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Performing Agency. Performing Agency shall provide System Agency access during normal business hours to all Vendor materials, premises, and computer files containing the Work Product. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 10 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract ("Incorporated Pre-existing Works"), Performing Agency retains ownership of such Incorporated Pre-existing Works. B. Performing Agency hereby grants to System Agency an irrevocable, perpetual, non- exclusive, royalty -free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Performing Agency represents, warrants, and covenants to System Agency that Performing Agency has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 5.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Performing Agency, Performing Agency hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty -free right and license, for System Agency's internal business purposes only, i. to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and ii. to authorize others to do any or all of the foregoing. B. Performing Agency shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Performing Agency shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Performing Agency shall provide System Agency all supporting documentation demonstrating Performing Agency's compliance with this Section 5.3, including without limitation documentation indicating a third party's written approval for Performing Agency to use any Third Party IP that may be incorporated in the Work Product. 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Performing Agency shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Performing Agency's compliance with Performing Agency's obligations under this Article V. 5.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency's request, Performing Agency shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Performing Agency's failure to timely deliver such Work Product is a material breach of the Contract. Performing Agency will not retain any copies of the Work Product or any documentation or other products or results of Performing Agency's activities under the Contract without the prior written consent of System Agency. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 11 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 5.6 SURVIVAL The provisions and obligations of this Article V survive any termination or expiration of the Contract. 5.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Performing Agency by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Performing Agency in the course of providing data processing services in connection with Performing Agency's performance hereunder (the "System Agency Data"), is owned solely by System Agency. B. Performing Agency has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Performing Agency to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Performing Agency is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Performing Agency shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Performing Agency's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Performing Agency's performance of its obligations hereunder. ARTICLE VI. PROPERTY 6.1 USE OF STATE PROPERTY A. Performing Agency is prohibited from using State Property for any purpose other than performing Services authorized under the Contract. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency -issued software, and the System Agency Virtual Private Network (VPN client)), and any other resources of System Agency. C. Performing Agency shall not remove State Property from the continental United States. In addition, Performing Agency may not use any computing device to access System Agency's network or e-mail while outside of the continental United States. D. Performing Agency shall not perform any maintenance services on State Property unless the Contract expressly authorizes such Services. E. During the time that State Property is in the possession of Performing Agency, Performing Agency shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 12 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ii. all charges attributable to Performing Agency's use of State Property that exceeds the Contract scope. Performing Agency shall fully reimburse such charges to System Agency within ten (10) calendar days of Performing Agency's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Contract shall constitute breach of contract and may result in termination of the Contract and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 6.2 DAMAGE TO GOVERNMENT PROPERTY A. In the event of loss, destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency's employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Performing Agency shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1) business day. Performing Agency shall reimburse System Agency and the State of Texas for such property damage within 10 calendar days after Performing Agency's receipt of System Agency's notice of amount due. 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Contract is terminated for any reason, or upon its expiration State Property remains the property of the System Agency and must be returned to the System Agency by the end date of the Contract or upon System Agency's request. ARTICLE VII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 7.1 RECORD MAINTENANCE AND RETENTION A. Performing Agency shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. B. Performing Agency shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by Performing Agency for a minimum of seven (7) years after the Contract expiration date or seven (7) years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. 7.2 AGENCY'S RIGHT TO AUDIT A. Performing Agency shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Performing Agency pertaining to the Contract for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 13 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F B. In addition to any right of access arising by operation of law, Performing Agency and any of Performing Agency's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Performing Agency shall produce original documents related to this Contract. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Performing Agency shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Performing Agency must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the Services and Deliverables provided. Any such correction will be at Performing Agency's or its Subcontractor's sole expense. Whether Performing Agency's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the Services, Performing Agency must provide to System Agency upon request a copy of those portions of Performing Agency's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.4 STATE AUDITOR'S RIGHT TO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. The Performing Agency shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 14 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 7.5 CONFIDENTIALITY Performing Agency shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency Data, System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. The obligations of Performing Agency under this section will survive termination or expiration of this Contract. This requirement must be included in all subcontracts awarded by Performing Agency. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Performing Agency's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Performing Agency accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Performing Agency to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Performing Agency found to be in error; iv. suspending, limiting, or placing conditions on the Performing Agency's continued performance of Work; or v. imposing any other remedies, sanctions, or penalties authorized under this Contract or permitted by federal or state law. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Performing Agency has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Performing Agency's duties under the Contract. Performing Agency's misrepresentation in any aspect of Performing Agency's Solicitation Response, if any, or Performing Agency's addition to the System for Award Management (SAM) will also constitute a material breach of the Contract. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 15 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Performing Agency no longer maintains the financial viability required to complete the Work, or otherwise fully perform its responsibilities under the Contract. 8.4 PERFORMING AGENCY RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Contract for cause, the Performing Agency shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Performing Agency. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Performing Agency's failure to perform any Work in accordance with the terms of the Contract. ARTICLE IX. GENERAL PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Performing Agency shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Performing Agency shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Performing Agency shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Performing Agency must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Performing Agency and its Subcontractors, if any. Performing Agency is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LIMITATION ON AUTHORITY A. The authority granted to Performing Agency by the System Agency is limited to the terms of the Contract. B. Performing Agency shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Contract; no other authority, power, or use is granted or implied. Performing Agency may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 16 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F C. Performing Agency may not rely upon implied authority and is not granted authority under the Contract to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Contract. However, upon System Agency request and with reasonable notice from System Agency to the Performing Agency, the Performing Agency shall assist the System Agency in communications and negotiations regarding the Work under the Contract with state and federal governments. 9.4 LEGAL OBLIGATIONS Performing Agency shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Performing Agency shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Performing Agency shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the Contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the Contract. System Agency reserves the right, in its sole discretion, to unilaterally amend the Contract to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 9.6 E -VERIFY PROGRAM Performing Agency certifies that for Contracts for Services, Performing Agency shall utilize the U.S. Department of Homeland Security's E -Verify system during the term of the Contract to determine the eligibility of: i. all persons employed by Performing Agency to perform duties within Texas; and ii. all persons, including subcontractors, assigned by the Performing Agency to perform Work pursuant to the Contract within the United States of America. 9.7 PERMITTING AND LICENSURE At Performing Agency's sole expense, Performing Agency shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Performing Agency to provide the goods or Services required by this Contract. Performing Agency shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Performing Agency shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 17 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 9.8 SUBCONTRACTORS Performing Agency may not subcontract any or all of the Work and/or obligations under the Contract without prior written approval of the System Agency. Subcontracts, if any, entered into by the Performing Agency shall be in writing and be subject to the requirements of the Contract. Should Performing Agency Subcontract any of the services required in the Contract, Performing Agency expressly understands and acknowledges that in entering into such Subcontract(s), System Agency is in no manner liable to any subcontractor(s) of Performing Agency. In no event shall this provision relieve Performing Agency of the responsibility for ensuring that the services performed under all Subcontracts are rendered in compliance with the Contract. 9.9 INDEPENDENT PERFORMING AGENCY Performing Agency and Performing Agency's employees, representatives, agents, Subcontractors, suppliers, and third -party service providers shall serve as independent Performing Agencies in providing the services under the Contract. Neither Performing Agency nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. Performing Agency shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Performing Agency and System Agency. 9.10 GOVERNING LAW AND VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision of the Contract is held to be illegal, invalid or unenforceable by a court of law or equity, such construction will not affect the legality, validity or enforceability of any other provision or provisions of this Contract. It is the intent and agreement of the Parties this Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of this Contract will continue in full force and effect. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Performing Agency from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 18 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 9.13 FORCE MAJEURE Neither Performing Agency nor System Agency shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall 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 beyond the 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 diligence, such party is unable to overcome. 9.14 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. If the Performing Agency's claim for breach of contract cannot be resolved informally with the System Agency, the claim shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Performing Agency shall submit written notice, as required by Chapter 2260, to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirements or toll the timing of the formal written notice of a claim for breach of contract required under §2260.051 of the Texas Government Code. Compliance by the Performing Agency with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. B. The contested case process provided in Chapter 2260 is the Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the System Agency if the Parties are unable to resolve their disputes as described above. C. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by the System Agency, the Performing Agency shall continue performance and shall not be excused from performance during the period of any breach of contract claim or while the dispute is pending. However, the Performing Agency may suspend performance during the pendency of such claim or dispute if the Performing Agency has complied with all provisions of Section 2251.051, Texas Government Code, and such suspension of performance is expressly applicable and authorized under that law. 9.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Performing Agency which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.16 MEDIA RELEASES A. Performing Agency shall not use System Agency's name, logo, or other likeness in any press release, marketing material, or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor, commodity, or service. Performing Agency is not authorized to make or participate in any media releases or public announcements pertaining to this Contract or the Services to which they relate without Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 19 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Performing Agency may publish, at its sole expense, results of Performing Agency performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.17 No MARKETING ACTIVITIES Performing Agency is prohibited from using the Work for any Performing Agency or third - party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Performing Agency's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Performing Agency as part of the Work. 9.18 PROHIBITION ON NON -COMPETE RESTRICTIONS Performing Agency shall not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.19 SOVEREIGN IMMUNITY Nothing in the Contract shall be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.20 ENTIRE CONTRACT AND MODIFICATION This Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.21 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.22 CIVIL RIGHTS A. Performing Agency shall comply with all applicable state and federal anti -discrimination laws, including: Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 20 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101, et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011, et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. B. Performing Agency shall comply with all amendments to these laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any service or other benefit provided by Federal or State funding, or otherwise be subjected to discrimination. C. Performing Agency shall comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a Performing Agency from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Civil rights laws require Performing Agency's to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Performing Agency shall take reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Performing Agency shall post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas . gov/system-support-services/civil-rights/publications D. Performing Agency shall comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 28 CFR Subpart G § 42.503, and Americans with Disabilities Act of 1990 and its implementing regulations at 28 CFR Subpart B §35.130 which includes requiring Performing Agency to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Performing Agency can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. E. Performing Agency shall comply with federal regulations regarding equal treatment for faith -based organizations under 45 C.F.R. Part 87 or 7 C.F.R. Part 16, as applicable. Performing Agency shall not discriminate against clients or prospective clients on the basis of religion or religious belief, and shall provide written notice to beneficiaries of their rights. F. Upon request, Performing Agency shall provide the HHSC Civil Rights Office with copies of the Performing Agency's civil rights policies and procedures. G. Performing Agency must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 21 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F more than ten (10) calendar days after receipt of a complaint. This notice must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885. 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Performing Agency shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 9.24 DISCLOSURE OF LITIGATION A. The Performing Agency must disclose in writing to the contract manager assigned to this Contract any material civil or criminal litigation or indictment either threatened or pending involving the Performing Agency. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Performing Agency must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Performing Agency's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Contract Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 9.25 NO THIRD -PARTY BENEFICIARIES The Contract is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Contract as a third -party beneficiary or otherwise. 9.26 BINDING EFFECT The Contract shall inure to the benefit of, be binding upon, and be enforceable against, each Party and their respective permitted successors, assigns, transferees, and delegates. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Uniform Terms and Condition — Governmental Entity V.3.0 — March 1, 2020 Page 22 of 22 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F HHS DATA USE AGREEMENT This Data Use Agreement ("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 1 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) Ch. 521; Sensitive Personal Information defined by Texas Business and Commerce Code (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code § 166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 2 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.F.R. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CON'TRACTOR's management, to carry out CON"TRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(D. (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CON TRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 3 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CON'I'RACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e) (2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to cany out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 4 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR' s legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. § 164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 5 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CON TRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 6 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d); 164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of HHS Confidential Information is a means of security. With respect to de -identification of PHI, "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 7 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 8 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CON I RACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 9 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CON 1'RACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 10 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (m) Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third -parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 11 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR'S control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE S. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, BITS 's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 12 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CON1RACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 13 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 14 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION (Local City and County Entities) October 23, 2019 Page 15 of 15 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F OMB Number: 4040-0007 Expiration Date: 02/28/2022 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID: 5E8BCEAB-267C-4E9C-BD60-62B721A3F96F 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Health Director APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Nueces County Public Health District Standard Form 424B (Rev. 7-97) Back Dace 510°1.4 SECURED Certificate Of Completion Envelope Id: 5E8BCEAB267C4E9CBD6062B721A3F96F Status: Sent Subject: NEW $285,679.00; HHS000768700001; Corpus Christi-Nuexes Cnty Public Hlth District; DSHS CPS/COVID-19 Source Envelope: Document Pages: 55 Signatures: 0 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Envelope Originator: Texas Health and Human Services Commission 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.11 Record Tracking Status: Original 4/2/2020 2:33:50 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber david.gruber@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 4/2/2020 2:48:46 PM Resent: 4/14/2020 10:50:05 AM Viewed: 4/16/2020 2:20:23 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMS CMUcontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Quynh-Nhi Ge Quynhnhi.Ge@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED COPIED Sent: 4/2/2020 2:48:46 PM Sent: 4/2/2020 2:48:46 PM Viewed: 4/2/2020 2:49:19 PM Carbon Copy Events Status Timestamp Dina Chavez dina@cctexas.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED Sent: 4/2/2020 2:48:47 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/14/2020 10:50:05 AM Payment Events Status Timestamps AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20 Second Reading Ordinance for the City Council Meeting 05/12/20 DATE: March 9, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 113 Porto Villageo Drive CAPTION: Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential development. BACKGROUND AND FINDINGS: The subject property is 4.06 acres in size. According to the applicant the purpose of the request is to construct a single-family residential development. The proposed development will consist of 24 single family residences as a reconfiguration of a portion of the existing subdivision. A replat of the property will encompass Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo. The redevelopment will utilize existing public roadways and sidewalks for access. This development will complement existing developments in the area. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for Mixed Uses. The proposed rezoning to the "RS-4.5/PUD" Single -Family 4.5 with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang/Padre Island Area Development Plan, compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent properties. The subject property currently consists of vacant platted properties within the Porto Villageo subdivision. The proposed rezoning to a PUD will allow flexibility to the development standards set by the Unified Development Code (UDC). Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Outreach to neighborhood was conducted by the applicant to determine the opinion of the nine existing single-family residences. The Porto Villageo HOA has endorsed the proposed PUD. The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable. This case was originally presented to the Planning Commission on February 19th, 2020. After review and deliberation, the Planning Commission voted to table the case to gather additional information and to hold an additional meeting with the HOA. Public Input Process Number of Notices Mailed 35 within 200 -foot notification area 4 outside notification area As of February 28, 2020: In Favor 0 inside notification area 1 outside notification area In Opposition 10 inside notification area 1 outside notification area Totaling 8.14% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development with a condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development on March 4, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "RM -AT" Multifamily AT District to the "RS- 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development with a condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development and with following vote count. Vote Count: For: 4 Opposed: 3 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM - AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo as shown in Exhibit "A": from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. The subject property is located at or near 113 Porto Villageo Drive. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of Porto Villageo Planned Unit Development Guidelines attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development (PUD) in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Porto Villageo Planned Unit Development (PUD) Guidelines and Master Site Plan. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A CR -2 SUBJECT PROPERTY 400 800 Feet VILLA CASTELLON DR 114e Created.- 2/32628 Prepaed Hy ReyR Oepartrnen 'ofDevelopment Services CASE: 0220-02 SUBJECT PROPERTY WITH ZONING Subject Property 1101-1 Multifamily 1 RM -2 Multlfamily2 RM -0 Multlfam ily1 ON Professional Off ce RM.AT Multifam lly AT CN -1 Nei g hhorhood Commerc'al CN -2 NeighdorhoodCcmmercal CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBB CR -3 FR BP Resort Commercial Ge nera I Commerc'al I General Commercial htensive Cmnmercal Downtown Commercial Resort Commercial Farm Rural H stone Overlay Business Park IL Light IdustraI IH Heavy hd a strial PUO Plan ned Unit Bev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 0 RS -4.5 Single-Family4.5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Resident al Estate 05-00 Townhouse SP Special Perm It RV Recreational Vehicle Park RMH Manufactured Home SUBJEC T PROPERTY Corpus Chresti Ray Page 4 of 4 Porto Villageo, P.U.D. Corpus Christi, Texas Owner/Developer J3PV Investments, LP Submitted by Urban Engineering January 15, 2020 URBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Porto Villageo, P.U.D. Corpus Christi, Texas Development Description: The developer is proposing re -platting 18 existing single family lots into 24 single family residences as a reconfiguration of a portion of the existing subdivision. A re -plat of the property will encompass Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo. The re -development will utilize existing public roadways and sidewalks for access. This development will complement existing developments in the area. Location Map: Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 4,500sf Minimum Lot Width — 45' Minimum Street Yard — 20' Minimum Street Yard (Corner) — 10' when back to back lot Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 35' Required Parking: - 2 per unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Lot Area — 1,400sf Minimum Dwelling Width (Shared parking) — 17' along cul-de-sac, 25' at yard requirement Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 0' Minimum building separation — 0' Minimum Open Space — 30% (85% provided) Maximum Height — None Required Parking: - 2 per unit (71 provided) Curb Type — Existing 6" Curb and Gutter Sidewalks — Existing 4' wide sidewalks (4' Tied Sidewalks will be provided adjacent to shared parking) Paved Street Width — Existing Asphalt Paving 28' Development Guidelines For Residential Lots Use — Single Family Residential Lot Area — Minimum 1,400sf Lot Width — 17' along cul-de-sac, 25 lot width Yard Requirements: Street: 10' Street corner: 10' Side Yard: 0' Maximum building Height: None Minimum Building Spacing: 0' Parking Requirement Per Unit: 2 per unit (71 provided) Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Common Area Lots Use — Non-residential Structures for enjoyment and benefit of Porto Villageo, P.U.D. Community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Notes: Total platted area contains 4.06 Acres of Land. 2. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 3. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(201 1) Epoch 2010.00. 4. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485464 0335D, City of Corpus Christi, Texas, which bears an effective date of September 17, 1992 and it is in a Special Flood Hazard Area. Per preliminary Flood Insurance Rate Map, Community Panel No. 48355C0560G, Nueces County, Texas, the property is in Zones "X", "AE (EL 9)" and "VE (EL 13)". The more stricter of the two designations shall be considered. 5. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 6. 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set at all lot corners, unless noted otherwise. 7. Lot 8D, Block 1; Lots 61 and 60, Block 3 and Lot 17E, Block 3 are common areas that will be owned and maintained by the Homeowner's Association. 8. Lot 6E, Block 3 is an unbuildable Lot that will be maintained by the property owners. State of Texas County of Travis J3PV Investments, LP, a Texas limited partnership, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of , 20 By: J3PV Investments, LP, a Texas limited partnership By: GST Management, LLC, a Texas limited liability company, its general partner By: J. Kelly Gray, managing member State of Texas County of Travis This instrument was acknowledged before me by J. Kelly Gray, managing member of GST Management, LLC, a Texas limited liability company, general partner of J3PV Investments, LP, a Texas limited partnership, on behalf of said partnership. This the day of , 20 Notary Public in and for the State of Texas Plat of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. State of Texas County of Nueces Service Lloyds Insurance Company, a Texas corporation, hereby certifies that it holds a lien on the property owned by J3PV Investments, LP, a Texas limited partnership, 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. Cosmo Palmieri, Vice—President of Real Estate State of Texas County of Nueces This instrument was acknowledged before me by Cosmo Palmieri, as Vice—President of Service Lloyds Insurance Company, a Texas corporation, on behalf of said corporation. This the day of , 20 Notary Public in and for the State of Texas kfrilSon County of Nueces City of Port Aransas ocation Map: N.T.S. Sr,ut �CO 6eachc pgeo O lber //fir 0/1 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, Texas. This the day of , 20 Pablo Martinez, 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, Texas by the Planning Commission. This the day of , 20 Al Raymond, III, AIA, CBO Carl Crull, P.E. Secretary Chairman State of Texas County of Nueces I, Kara Sands, 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 for record in my office the ___ day of , 20____. At ____ O'clock ____M., and duly recorded the ___ day of , 20____, at O'clock ___M., in said County in Volume , Page , Map Records. Witness my hand and seal of the County Court, in and for said County, at office in Corpus Christi, Texas, the day and year last written. No. Filed for Record Kara Sands, County Clerk Nueces County, Texas at O'clock M. 20 By. Deputy State of Texas County of Nueces I, James D. Carr, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing map 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 have been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This the day of , 20 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Dan. L. Urban, R.P.L.S. Texas License No. 4710 URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: None JOB NO.: 40002.69.03 SHEET: 1 of 2 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set 0 0 O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found ZONE "A13 (EL 9)" /11 coc• as o� 9 s a /&/0 ,E 3� Noe° 763 Soc es °7 Co'8s os 4225sf ZON"V13 (EL 12)" CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH 01 35°41'50" 150.00' 93.46' S68°24'36"W 91.95' C2 45°14'23" 34.50' 27.24' N54°15'00"E 26.54' C3 270°28'46" 50.00' 236.04' N58°22'11 "W 70.41' C4 45°14'23" 34.50' 27.24' S09°00'37"W 26.54' C5 90°00'00" 10.00' 15.71' S76°37'49"W 14.14' C6 90°00'00" 10.00' 15.71' N13°22'11 "W 14.14' C7 45°14'23" 34.50' 27.24' N54°15'00"E 26.54' C8 72°54'15" 50.00' 63.62' N40°25'04"E 59.42' C9 65°34'25" 50.00' 57.22' N70°49'22"W 54.15' 010 45°14'23" 34.50' 27.24' N80°59'23"W 26.54' C11 13°47'27" 200.00' 48.14' N51 °28'28"W 48.02' C12 32°08'35" 34.50' 19.35' N28°30'27"W 19.10' C13 15°15'41" 150.00' 39.95' S78°37'41"W 39.84' C14 13°24'09" 150.00' 35.09' S64°17'46"W 35.01' C15 7°02'00" 150.00' 18.41' S54°04'41 "W 18.40' C16 58°04'19" 50.00' 50.68' N27°27'57"E 48.54' C17 80°54'38" 50.00' 70.61' N42°01'31 "W 64.89' C18 46°21'39" 50.00' 40.46' S74°20'20"W 39.36' C19 27°45'41" 50.00' 24.23' S3716'40"W 23.99' C20 20°14'13" 50.00' 17.66' S13°16'43"W 17.57' C21 6°52'48" 50.00' 6.00' S00°16'47"E 6.00' C22 9°53'23" 50.00' 8.63' S08°39'53"E 8.62' C23 20°22'06" 50.00' 17.77' N66°41'09"E 17.68' C24 9°48'39" 34.50' 5.91' N36°32'09"E 5.90' C25 35°25'44" 34.50' 21.33' N59°09'20"E 20.99' C26 19°40'58" 50.00' 17.18' N67°01'43"E 17.09' C27 53°13'17" 50.00' 46.44' N30°34'35"E 44.79' C28 59°49'50" 50.00' 52.21' N67°57'05"W 49.87' C29 5°44'34" 50.00' 5.01' S79°15'43"W 5.01' C30 7°34'15" 200.00' 26.43' N54°35'04"W 26.41' C31 6°13'12" 200.00' 21.71' N47°41'20"W 21.70' (Pre'minary) 4960s cn 0 0 0 vn W co Block 31 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texa v 5 co. f ZONE "AE (EL 8) 20'Y. R. s (Preli inary 10'U.E. Villa Castel on Drive (50'R.o.w.) Plat of Porto Villageo, P. U.D. 28 00, S 4/.1.1400.67.6j, 8D M0 ,,,,'. 00, 2532sf, Recon°� S�O/2g <Ot Q/6' o/0 gss77• d s eces S0 C'e" CO s7 /2 (J1 iSOek Rs, being a re -plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. 3 65 \Pgs. 800sf 0' 90' 7 6S A°ro o !r o , V� 7 NQec 706 geo 6 2 (Pre' yinary)'Portoock Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 60' 30' 0' Graphic Scale 1"=60' 60' 3 0 120' Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. LINE BEARING DISTANCE L1 N58°22'11 "W 90.16' L2 N31°37'49"E 12.73' L3 S31°37'49"W 62.73' L4 N31°37'49"E 70.00' L5 S86°02'03"E 91.13' L6 N31°37'49"E 20.49' L7 N38°02'10"W 87.32' L8 S51 °57'50"W 74.09' L9 N44°34'44"W 45.91' L10 N45°25'16"E 94.71' L11 N44°34'44"W 76.22' L12 N19°37'49"E 9.68' L13 S88°25'47"W 58.38' L14 N76°29'30"W 37.98' L15 N88°25'47"E 9.55' 'L16 N88°25'47"E 48.84' L17 N01 °34'13"W 24.50' L18 N88°25'47"E 6.10' L19 NO2°45'37"W 24.83' L20 S02°45'37"E 12.29' L21 S02°45'37"E 12.55' L22 S83°34'31 "W 66.79' L23 S38°02'10"E 16.14' L24 S3019'17"W 28.62' L25 S01 °13'18"W 0.47' L26 S51 °48'40"W 28.94' L27 S17°23'25"W 25.60' L28 N66°22'11 "W 42.87' L29 N58°22'11 "W 27.46' L30 S58°22'11 "E 37.43' L31 S27°37'49"W 40.33' L32 S81 °11'52"E 35.45' L33 S89°36'42"E 21.17' L34 N89°36'42"W 39.73' L35 N05°03'55"E 14.56' L36 S58°22'11 "E 4.24' L37 N58°22'11 "W 33.01' L38 S58°22'11 "E 52.75' L39 S31°37'49"W 2.00' L40 N58°22'11 "W 24.50' L41 N31°37'49"E 2.00' L42 N58°22'11 "W 45.50' L43 N31°37'49"E 2.00' L44 S58°22'11 "E 27.96' L45 S31°37'49"W 2.14' L46 N58°22'11 "W 36.59' L47 S31°37'49"W 37.14' L48 N58°22'11 "W 58.02' L49 N76°47'47"W 44.29' L50 N58°22'11 "W 34.63' L51 S31°37'49"W 30.03' L52 S28°37'49"W 40.78' L53 S45°25'16"W 40.35' L54 S45°25'16"W 19.74' URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 2 of 2 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com 6o, / / / / / / / / / / ZONE "A13 (EL 9)" -s 4225sf 3330sf \ (/ \\ \ \ / / / / ooras o , / /q / 3i gs '2a N4eo 76, Secy/ es Co 766-°/2 412(: 1A eX os ZONE "V13 (EL 12)" 17B 4277sf / 3493sf 1921sf 3123sf / 3680sf 61 4911 sf Common Area 1454sf 2733sf h / D 2 672sf 2228sf 2751sf 4298sf 6B 2364sf v4 q'°Ar 7.900 0k4,27 vq 0 96 ,04//20 p ; 44,Zo col; 6• OO/ Of Nc•T) \ / / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas LUINL 5 / L. `LL 0) 20'Y.R. 4 Preliminary 1O'U.E. 3 Villa Castel on Drive (ss) (5(YR.6S ) (ss) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) W}_I ►/ (W) (w) FH 10'U.E. Engineer/Surveyor. Urban Engineering 2725 Swantner Drive Corpus Christi, Texos 78404 (361)854-3101 Owner/Developer. J3PV Investments, LP 6907 N. Capital of Texos Highway North, Suite 370 Austin, Texas 78731 (361)730-3630 � M4s nTe(76' SjO CO,- h9 Ot a s. i s of gs �o,2C X46' c, 6- 0 Seo • t o Co 7S� 41.2 fy Qp O 72 90' 60' 30' 0' 73 \ 66- � r/ B/oc / OT gs° • �• 7 7 4ec 7O� ge° A/ es � Co:� ,17g4 Te k4s 4 Graphic Scale 1"=60' 60' / 20'Y.R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 3 120' r Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. (STO (w) (ss) Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found ▪ 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set o No monumentation Found or Set • FH+ Existing Existing Existing Existing Existing Existing Existing Storm Sewer Line Water Line Sanitary Sewer Line Slot Inlet Sanitary Sewer Manhole Fire Hydrant Storm Sewer Manhole Utility Map of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com DRAINAGE NOTES: THIS PROPERTY IS CURRENTLY DEVELOPED AS A RESIDENTIAL SUBDIVISION. THE PROPOSED DEVELOPMENT WILL RESULT IN SEVERAL SINGLE FAMILY RESIDENTIAL LOTS BEING RE—PLATTED FOR THE PURPOSE OF REVITALIZING THE NEIGHBORHOOD. THE AREA WILL CONTINUE TO DRAIN TO THE EXISTING PRIVATE LAKE. DRAINAGE CALCULATIONS: Pre—Development A=4.05 Ac. C=0.60 Tc=30 min. 15=3.3 IN/HR 125=4.4 IN/HR 1100=7.0 IN/HR Q5=8.02 IN/HR Q25=10.70 IN/HR Q1oo=17.01 IN/HR Post—Development A=4.05 Ac. C=0.70 Tc=30 min. 15=3.3 IN/HR 125=4.4 IN/HR 1100=7.0 IN/HR Q5=9.36 IN/HR Q25=12.47 IN/HR 4 / o"ls -c ��o Q1oo=19.85 IN/HR/ r/ - INDIVIDUAL DRAINAGE AREAS: / DA -1: 0.46 ACRES DA -2: 0.39 ACRES DA -3: 0.17 ACRES DA -4: 0.24 ACRES DA -5: 0.30 ACRES DA -6: 0.60 ACRES DA -7: 1.89 ACRES 69, so, ZONE "A13 (EL 9)" 0 00 o�4s/ 0r 063fig ot C76, ZONE "V13 (EL 12)" of gss7o0a /1/4e •° 73 Se°% es Co8S°h2 4/2 /y //iQA eX os co. clo o . 4tL�e h 9s No 8 xi 'Y /\ C5'1 6,96` 869 ess °�� 8AS 0 Vo o°O J °J NcI1,j C. TJ 40. o / V4s a 1.7 s 0/ 6Y10C0c �4e°es S0 Seo/ o 7S7 4/j/y 4,76,0 Storm Water Quality Management Plan of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. 72 73 a c / o kgs7�7 4e 708 ge co es/ �7 Co og 4,j 4 3 Engineer/Surveyor. Urban Engineering 2725 Swantner Drive Corpus Christi, Texas 78404 (361)854-3101 Owner/Developer. J3PV Investments, LP 6907 N. Capital of Texas Highway North, Suite 370 Austin, Texas 78731 (361)730-3630 q'oAr 7 lo96 on g004//204 44, cot; 6,' O�VO/ Of •N• C•TJ Notes: 1. Property is zoned RM—AT. 2. Total platted area contains 4.06 Acres of Land. 3. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 4. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(201 1) Epoch 2010.00. 5. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485494 0520 D, City of Corpus Christi, Texas, which bears an effective date of June 4, 1987 and it is in a Special Flood Hazard Area. 6. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 7. This development meets the City's Master Drainage Plan and the proposed drainage will not adversely affect the drainage pattern or design of the adjacent properties. / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 LLINL I L `LL 0) 20'Y. R. 4 Preliminary 3 10'U.E Villa Castel on Drive (50'R.O.W.) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) 10'U. E. 20'Y. R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas I I I 40. Aor44 P 9**�� RHODES C. URBAN % 0 '. 92606 : � j I� oo ••• .!• ICENS...* 2� i 14%, ONAL E'Ar G\ THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY RHODES C. URBAN, P.E. TX. REG. 92606 (01/15/2020) 90' 60' STO) Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set 30' o No monumentation Found or Set Existing Storm Sewer Line Existing Slot Inlet Existing Storm Sewer Manhole 0' Graphic Scale 1"=60' URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 60' 120' Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com a d 4 4 Notes: so, Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found Planned Unit Development Boundary Proposed Parking and Sidewalk Proposed Building Footprint / / / so, ZONE "A13 (EL 9)" A. A- x �e �o •�'st cords oBoA / 0I0( 3j gs '2o' �4ec 7c5)3 Sect 4r? /: TQA eX os ZONE "V13 (EL 12)" / �. sR / ryo /\ \ \\ 00 / / \ \ L13 0 1. Total platted area contains 4.06 Acres of Land. 2. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 3. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 4. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485494 0520 D, City of Corpus Christi, Texas, which bears an effective date of June 4, 1987 and it is in a Special Flood Hazard Area. 5. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 6. 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set at all lot corners, unless noted otherwise. 7. Lot 8D, Block 1; Lots 61 and 60, Block 3 and Lot 17E, Block 3 are common areas that will be owned and maintained by the Homeowner's Association. 8. Lot 6E, Block 3 is an unbuildable Lot that will be maintained by the property owners. S i 90' 60' 0 30' 0' Graphic Scale 1 "=60' 73 /° 'a/ / c O/ g 1,7 7 4ec 7Li8 geo es Co /267 Og 60' 4 / 3 120' q'°Ar 7 .900 o4.4,7, 96 V' O g 644, °o1; 6,' O (VO/ Of NC•TJ \ / / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 20' Y. R. 4 Preliminary 3 10'U.E Villa Castel on Drive (50'R.O.W.) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) 10'U.E. 20'Y. R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas I I I Master Site Plan for Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com 2.3 • 22 Re Vo/sY cocas °� g/ 70,e' 3� N s o' 4e° /83 ''6'CV es CoQ/ 8S °7 ,�y 4 ek os 17G 17F 6E 17D 24 17C 17B • 17A • Preliminary) 16 • • • / 6D 6B 8A 8B / 6 Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 LONE AL (LL b) 4 (Preliminar 3 Co voQ°� <o 9 t ras Of &/o7.)• 6b,..SD7 0�% Co,, s7 2 (y �op ek as 8F 72 90' 60' 73 6s orto °% of V� 7 NA9s 4ec 70(9°9G0 es C° 09 4,1,j, 30' 0' Graphic Scale 1"=60' 60' 120' 3 6 7 (Preliminary) Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found Planned Unit Development Boundary Common Area Lot Residential Lot Lot Layout Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM - AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo as shown in Exhibit "A": from the "RM -AT" Multifamily AT District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. The subject property is located at or near 113 Porto Villageo Drive. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of Porto Villageo Planned Unit Development Guidelines attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development (PUD) in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Porto Villageo Planned Unit Development (PUD) Guidelines and Master Site Plan and with a condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A CR -2 SUBJECT PROPERTY 400 800 Feet VILLA CASTELLON DR 114e Created.- 2/32628 Prepaed Hy ReyR Oepartrnen 'ofDevelopment Services CASE: 0220-02 SUBJECT PROPERTY WITH ZONING Subject Property 1101-1 Multifamily 1 RM -2 Multlfamily2 RM -0 Multlfam ily1 ON Professional Off ce RM.AT Multifam lly AT CN -1 Nei g hhorhood Commerc'al CN -2 NeighdorhoodCcmmercal CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBB CR -3 FR BP Resort Commercial Ge nera I Commerc'al I General Commercial htensive Cmnmercal Downtown Commercial Resort Commercial Farm Rural H stone Overlay Business Park IL Light IdustraI IH Heavy hd a strial PUO Plan ned Unit Bev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 0 RS -4.5 Single-Family4.5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Resident al Estate 05-00 Townhouse SP Special Perm It RV Recreational Vehicle Park RMH Manufactured Home SUBJEC T PROPERTY Corpus Chresti Ray Page 4 of 4 Porto Villageo, P.U.D. Corpus Christi, Texas Owner/Developer J3PV Investments, LP Submitted by Urban Engineering January 15, 2020 URBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Porto Villageo, P.U.D. Corpus Christi, Texas Development Description: The developer is proposing re -platting 18 existing single family lots into 24 single family residences as a reconfiguration of a portion of the existing subdivision. A re -plat of the property will encompass Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo. The re -development will utilize existing public roadways and sidewalks for access. This development will complement existing developments in the area. Location Map: Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 4,500sf Minimum Lot Width — 45' Minimum Street Yard — 20' Minimum Street Yard (Corner) — 10' when back to back lot Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 35' Required Parking: - 2 per unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Lot Area — 1,400sf Minimum Dwelling Width (Shared parking) — 17' along cul-de-sac, 25' at yard requirement Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 0' Minimum building separation — 0' Minimum Open Space — 30% (85% provided) Maximum Height — None Required Parking: - 2 per unit (71 provided) Curb Type — Existing 6" Curb and Gutter Sidewalks — Existing 4' wide sidewalks (4' Tied Sidewalks will be provided adjacent to shared parking) Paved Street Width — Existing Asphalt Paving 28' Development Guidelines For Residential Lots Use — Single Family Residential Lot Area — Minimum 1,400sf Lot Width — 17' along cul-de-sac, 25 lot width Yard Requirements: Street: 10' Street corner: 10' Side Yard: 0' Maximum building Height: None Minimum Building Spacing: 0' Parking Requirement Per Unit: 2 per unit (71 provided) Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Common Area Lots Use — Non-residential Structures for enjoyment and benefit of Porto Villageo, P.U.D. Community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Notes: Total platted area contains 4.06 Acres of Land. 2. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 3. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(201 1) Epoch 2010.00. 4. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485464 0335D, City of Corpus Christi, Texas, which bears an effective date of September 17, 1992 and it is in a Special Flood Hazard Area. Per preliminary Flood Insurance Rate Map, Community Panel No. 48355C0560G, Nueces County, Texas, the property is in Zones "X", "AE (EL 9)" and "VE (EL 13)". The more stricter of the two designations shall be considered. 5. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 6. 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set at all lot corners, unless noted otherwise. 7. Lot 8D, Block 1; Lots 61 and 60, Block 3 and Lot 17E, Block 3 are common areas that will be owned and maintained by the Homeowner's Association. 8. Lot 6E, Block 3 is an unbuildable Lot that will be maintained by the property owners. State of Texas County of Travis J3PV Investments, LP, a Texas limited partnership, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of , 20 By: J3PV Investments, LP, a Texas limited partnership By: GST Management, LLC, a Texas limited liability company, its general partner By: J. Kelly Gray, managing member State of Texas County of Travis This instrument was acknowledged before me by J. Kelly Gray, managing member of GST Management, LLC, a Texas limited liability company, general partner of J3PV Investments, LP, a Texas limited partnership, on behalf of said partnership. This the day of , 20 Notary Public in and for the State of Texas Plat of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. State of Texas County of Nueces Service Lloyds Insurance Company, a Texas corporation, hereby certifies that it holds a lien on the property owned by J3PV Investments, LP, a Texas limited partnership, 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. Cosmo Palmieri, Vice—President of Real Estate State of Texas County of Nueces This instrument was acknowledged before me by Cosmo Palmieri, as Vice—President of Service Lloyds Insurance Company, a Texas corporation, on behalf of said corporation. This the day of , 20 Notary Public in and for the State of Texas kfrilSon County of Nueces City of Port Aransas ocation Map: N.T.S. Sr,ut �CO 6eachc pgeo O lber //fir 0/1 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, Texas. This the day of , 20 Pablo Martinez, 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, Texas by the Planning Commission. This the day of , 20 Al Raymond, III, AIA, CBO Carl Crull, P.E. Secretary Chairman State of Texas County of Nueces I, Kara Sands, 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 for record in my office the ___ day of , 20____. At ____ O'clock ____M., and duly recorded the ___ day of , 20____, at O'clock ___M., in said County in Volume , Page , Map Records. Witness my hand and seal of the County Court, in and for said County, at office in Corpus Christi, Texas, the day and year last written. No. Filed for Record Kara Sands, County Clerk Nueces County, Texas at O'clock M. 20 By. Deputy State of Texas County of Nueces I, James D. Carr, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing map 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 have been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This the day of , 20 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. Dan. L. Urban, R.P.L.S. Texas License No. 4710 URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: None JOB NO.: 40002.69.03 SHEET: 1 of 2 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set 0 0 O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found ZONE "A13 (EL 9)" /11 coc• as o� 9 s a /&/0 ,E 3� Noe° 763 Soc es °7 Co'8s os 4225sf ZON"V13 (EL 12)" CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH 01 35°41'50" 150.00' 93.46' S68°24'36"W 91.95' C2 45°14'23" 34.50' 27.24' N54°15'00"E 26.54' C3 270°28'46" 50.00' 236.04' N58°22'11 "W 70.41' C4 45°14'23" 34.50' 27.24' S09°00'37"W 26.54' C5 90°00'00" 10.00' 15.71' S76°37'49"W 14.14' C6 90°00'00" 10.00' 15.71' N13°22'11 "W 14.14' C7 45°14'23" 34.50' 27.24' N54°15'00"E 26.54' C8 72°54'15" 50.00' 63.62' N40°25'04"E 59.42' C9 65°34'25" 50.00' 57.22' N70°49'22"W 54.15' 010 45°14'23" 34.50' 27.24' N80°59'23"W 26.54' C11 13°47'27" 200.00' 48.14' N51 °28'28"W 48.02' C12 32°08'35" 34.50' 19.35' N28°30'27"W 19.10' C13 15°15'41" 150.00' 39.95' S78°37'41"W 39.84' C14 13°24'09" 150.00' 35.09' S64°17'46"W 35.01' C15 7°02'00" 150.00' 18.41' S54°04'41 "W 18.40' C16 58°04'19" 50.00' 50.68' N27°27'57"E 48.54' C17 80°54'38" 50.00' 70.61' N42°01'31 "W 64.89' C18 46°21'39" 50.00' 40.46' S74°20'20"W 39.36' C19 27°45'41" 50.00' 24.23' S3716'40"W 23.99' C20 20°14'13" 50.00' 17.66' S13°16'43"W 17.57' C21 6°52'48" 50.00' 6.00' S00°16'47"E 6.00' C22 9°53'23" 50.00' 8.63' S08°39'53"E 8.62' C23 20°22'06" 50.00' 17.77' N66°41'09"E 17.68' C24 9°48'39" 34.50' 5.91' N36°32'09"E 5.90' C25 35°25'44" 34.50' 21.33' N59°09'20"E 20.99' C26 19°40'58" 50.00' 17.18' N67°01'43"E 17.09' C27 53°13'17" 50.00' 46.44' N30°34'35"E 44.79' C28 59°49'50" 50.00' 52.21' N67°57'05"W 49.87' C29 5°44'34" 50.00' 5.01' S79°15'43"W 5.01' C30 7°34'15" 200.00' 26.43' N54°35'04"W 26.41' C31 6°13'12" 200.00' 21.71' N47°41'20"W 21.70' (Pre'minary) 4960s cn 0 0 0 vn W co Block 31 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texa v 5 co. f ZONE "AE (EL 8) 20'Y. R. s (Preli inary 10'U.E. Villa Castel on Drive (50'R.o.w.) Plat of Porto Villageo, P. U.D. 28 00, S 4/.1.1400.67.6j, 8D M0 ,,,,'. 00, 2532sf, Recon°� S�O/2g <Ot Q/6' o/0 gss77• d s eces S0 C'e" CO s7 /2 (J1 iSOek Rs, being a re -plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. 3 65 \Pgs. 800sf 0' 90' 7 6S A°ro o !r o , V� 7 NQec 706 geo 6 2 (Pre' yinary)'Portoock Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 60' 30' 0' Graphic Scale 1"=60' 60' 3 0 120' Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. LINE BEARING DISTANCE L1 N58°22'11 "W 90.16' L2 N31°37'49"E 12.73' L3 S31°37'49"W 62.73' L4 N31°37'49"E 70.00' L5 S86°02'03"E 91.13' L6 N31°37'49"E 20.49' L7 N38°02'10"W 87.32' L8 S51 °57'50"W 74.09' L9 N44°34'44"W 45.91' L10 N45°25'16"E 94.71' L11 N44°34'44"W 76.22' L12 N19°37'49"E 9.68' L13 S88°25'47"W 58.38' L14 N76°29'30"W 37.98' L15 N88°25'47"E 9.55' 'L16 N88°25'47"E 48.84' L17 N01 °34'13"W 24.50' L18 N88°25'47"E 6.10' L19 NO2°45'37"W 24.83' L20 S02°45'37"E 12.29' L21 S02°45'37"E 12.55' L22 S83°34'31 "W 66.79' L23 S38°02'10"E 16.14' L24 S3019'17"W 28.62' L25 S01 °13'18"W 0.47' L26 S51 °48'40"W 28.94' L27 S17°23'25"W 25.60' L28 N66°22'11 "W 42.87' L29 N58°22'11 "W 27.46' L30 S58°22'11 "E 37.43' L31 S27°37'49"W 40.33' L32 S81 °11'52"E 35.45' L33 S89°36'42"E 21.17' L34 N89°36'42"W 39.73' L35 N05°03'55"E 14.56' L36 S58°22'11 "E 4.24' L37 N58°22'11 "W 33.01' L38 S58°22'11 "E 52.75' L39 S31°37'49"W 2.00' L40 N58°22'11 "W 24.50' L41 N31°37'49"E 2.00' L42 N58°22'11 "W 45.50' L43 N31°37'49"E 2.00' L44 S58°22'11 "E 27.96' L45 S31°37'49"W 2.14' L46 N58°22'11 "W 36.59' L47 S31°37'49"W 37.14' L48 N58°22'11 "W 58.02' L49 N76°47'47"W 44.29' L50 N58°22'11 "W 34.63' L51 S31°37'49"W 30.03' L52 S28°37'49"W 40.78' L53 S45°25'16"W 40.35' L54 S45°25'16"W 19.74' URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 2 of 2 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com 6o, / / / / / / / / / / ZONE "A13 (EL 9)" -s 4225sf 3330sf \ (/ \\ \ \ / / / / ooras o , / /q / 3i gs '2a N4eo 76, Secy/ es Co 766-°/2 412(: 1A eX os ZONE "V13 (EL 12)" 17B 4277sf / 3493sf 1921sf 3123sf / 3680sf 61 4911 sf Common Area 1454sf 2733sf h / D 2 672sf 2228sf 2751sf 4298sf 6B 2364sf v4 q'°Ar 7.900 0k4,27 vq 0 96 ,04//20 p ; 44,Zo col; 6• OO/ Of Nc•T) \ / / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas LUINL 5 / L. `LL 0) 20'Y.R. 4 Preliminary 1O'U.E. 3 Villa Castel on Drive (ss) (5(YR.6S ) (ss) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) W}_I ►/ (W) (w) FH 10'U.E. Engineer/Surveyor. Urban Engineering 2725 Swantner Drive Corpus Christi, Texos 78404 (361)854-3101 Owner/Developer. J3PV Investments, LP 6907 N. Capital of Texos Highway North, Suite 370 Austin, Texas 78731 (361)730-3630 � M4s nTe(76' SjO CO,- h9 Ot a s. i s of gs �o,2C X46' c, 6- 0 Seo • t o Co 7S� 41.2 fy Qp O 72 90' 60' 30' 0' 73 \ 66- � r/ B/oc / OT gs° • �• 7 7 4ec 7O� ge° A/ es � Co:� ,17g4 Te k4s 4 Graphic Scale 1"=60' 60' / 20'Y.R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 3 120' r Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. (STO (w) (ss) Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found ▪ 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set o No monumentation Found or Set • FH+ Existing Existing Existing Existing Existing Existing Existing Storm Sewer Line Water Line Sanitary Sewer Line Slot Inlet Sanitary Sewer Manhole Fire Hydrant Storm Sewer Manhole Utility Map of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com DRAINAGE NOTES: THIS PROPERTY IS CURRENTLY DEVELOPED AS A RESIDENTIAL SUBDIVISION. THE PROPOSED DEVELOPMENT WILL RESULT IN SEVERAL SINGLE FAMILY RESIDENTIAL LOTS BEING RE—PLATTED FOR THE PURPOSE OF REVITALIZING THE NEIGHBORHOOD. THE AREA WILL CONTINUE TO DRAIN TO THE EXISTING PRIVATE LAKE. DRAINAGE CALCULATIONS: Pre—Development A=4.05 Ac. C=0.60 Tc=30 min. 15=3.3 IN/HR 125=4.4 IN/HR 1100=7.0 IN/HR Q5=8.02 IN/HR Q25=10.70 IN/HR Q1oo=17.01 IN/HR Post—Development A=4.05 Ac. C=0.70 Tc=30 min. 15=3.3 IN/HR 125=4.4 IN/HR 1100=7.0 IN/HR Q5=9.36 IN/HR Q25=12.47 IN/HR 4 / o"ls -c ��o Q1oo=19.85 IN/HR/ r/ - INDIVIDUAL DRAINAGE AREAS: / DA -1: 0.46 ACRES DA -2: 0.39 ACRES DA -3: 0.17 ACRES DA -4: 0.24 ACRES DA -5: 0.30 ACRES DA -6: 0.60 ACRES DA -7: 1.89 ACRES 69, so, ZONE "A13 (EL 9)" 0 00 o�4s/ 0r 063fig ot C76, ZONE "V13 (EL 12)" of gss7o0a /1/4e •° 73 Se°% es Co8S°h2 4/2 /y //iQA eX os co. clo o . 4tL�e h 9s No 8 xi 'Y /\ C5'1 6,96` 869 ess °�� 8AS 0 Vo o°O J °J NcI1,j C. TJ 40. o / V4s a 1.7 s 0/ 6Y10C0c �4e°es S0 Seo/ o 7S7 4/j/y 4,76,0 Storm Water Quality Management Plan of Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. 72 73 a c / o kgs7�7 4e 708 ge co es/ �7 Co og 4,j 4 3 Engineer/Surveyor. Urban Engineering 2725 Swantner Drive Corpus Christi, Texas 78404 (361)854-3101 Owner/Developer. J3PV Investments, LP 6907 N. Capital of Texas Highway North, Suite 370 Austin, Texas 78731 (361)730-3630 q'oAr 7 lo96 on g004//204 44, cot; 6,' O�VO/ Of •N• C•TJ Notes: 1. Property is zoned RM—AT. 2. Total platted area contains 4.06 Acres of Land. 3. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 4. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(201 1) Epoch 2010.00. 5. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485494 0520 D, City of Corpus Christi, Texas, which bears an effective date of June 4, 1987 and it is in a Special Flood Hazard Area. 6. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 7. This development meets the City's Master Drainage Plan and the proposed drainage will not adversely affect the drainage pattern or design of the adjacent properties. / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 LLINL I L `LL 0) 20'Y. R. 4 Preliminary 3 10'U.E Villa Castel on Drive (50'R.O.W.) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) 10'U. E. 20'Y. R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas I I I 40. Aor44 P 9**�� RHODES C. URBAN % 0 '. 92606 : � j I� oo ••• .!• ICENS...* 2� i 14%, ONAL E'Ar G\ THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY RHODES C. URBAN, P.E. TX. REG. 92606 (01/15/2020) 90' 60' STO) Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set 30' o No monumentation Found or Set Existing Storm Sewer Line Existing Slot Inlet Existing Storm Sewer Manhole 0' Graphic Scale 1"=60' URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 60' 120' Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com a d 4 4 Notes: 60, Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found Planned Unit Development Boundary Proposed Parking and Sidewalk Proposed Building Footprint / / / 60, ZONE "A13 (EL 9)" \ •� A. � S / �o / \ /o.��/ /c° -o\/ / \ / / / \ / // //off /�\ \\ �°// / (4g / / e Vo ��'st cords oBoot A i° 3j gs '?o' N4eo 76 Sect • es Co 78s °h r2(y 16,/)eX os ZONE "V13 (EL 12)" cO. o . 4tL�e 9s i q . gh 8 cc �� 6/. 869 ess 8 4 0 Volo°OJ °J RSC I1,j C. TJ / �. sR� / / / L13 0 1. Total platted area contains 4.06 Acres of Land. 2. The receiving water for the storm water runoff from this property is the Corpus Christi Bay. The TCEQ has classified the aquatic life use for the Corpus Christi Bay as "exceptional" and "oyster waters". TCEQ also categorized the Corpus Christi Bay as "contact recreation" use. 3. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 4. By graphic plotting only, this property is in Zones "A13(EL 9)" and "V13 (EL 12)" on Flood Insurance Rate Map, Community Panel No. 485494 0520 D, City of Corpus Christi, Texas, which bears an effective date of June 4, 1987 and it is in a Special Flood Hazard Area. 5. Contours shown hereon are referenced to the North American Vertical Datum of 1988 (NAVD88), Geoid 12A. 6. 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set at all lot corners, unless noted otherwise. 7. Lot 8D, Block 1; Lots 61 and 60, Block 3 and Lot 17E, Block 3 are common areas that will be owned and maintained by the Homeowner's Association. 8. Lot 6E, Block 3 is an unbuildable Lot that will be maintained by the property owners. 1126, 67 8D % 69Op,2532sfo s ecor / St°hg <Ot 2i (76' s� i o f 9S 7Or? OC �4eCc, SO Sect o Cc 7`57 2 Q0(y %,0 e� dS i 90' 60' 30' 0' Graphic Scale 1 "=60' 73 Ae /c ° kgs° iL/ 7 4ec 708 geo es Co /267 Og 60' 4 / 3 120' q'oAr 7 poo 96 O g V' 6<'�eco1; 6,' O (VO/ Of NC•TJ \ / / Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 LUNt AL ALL 0) 20' Y. R. 4 (Preliminary 3 10'U.E Villa Castel on Drive (50'R.O.W.) (Vol. 65, Pgs. 108-109, M.R.N.C.T.) 10'U.E. 20'Y.R. 6 7 Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas I I I Master Site Plan for Porto Villageo, P. U.D. being a re -plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com 2.3 • 22 Re Vo/sY cocas °� g/ 70,e' 3� N s o' 4e° /83 ''6'CV es CoQ/ 8S °7 ,�y 4 ek os 17G 17F 6E 17D 24 17C 17B • 17A • Preliminary) 16 • • • / 6D 6B 8A 8B / 6 Block 3 / Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas 5 LONE AL (LL b) 4 (Preliminar 3 Co voQ°� <o 9 t ras Of &/o7.)• 6b,..SD7 0�% Co,, s7 2 (y �op ek as 8F 72 90' 60' 73 6s orto °% of V� 7 NA9s 4ec 70(9°9G0 es C° 09 4,1,j, 30' 0' Graphic Scale 1"=60' 60' 120' 3 6 7 (Preliminary) Block 2 Porto Villageo Vol. 65, Pgs. 108-109, Map Records of Nueces County, Texas Legend: O 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Set • 5/8 Inch Iron Rod with red plastic camp stamped "URBAN ENGR CCTX" Found Planned Unit Development Boundary Common Area Lot Residential Lot Lot Layout Porto Villageo, P. U.D. being a re—plat of Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block 3, Porto Villageo, a map of which is recorded in Volume 65, Pages 108 through 109, Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Submitted: 1/15/2020 SCALE: 1"=60' JOB NO.: 40002.69.03 SHEET: 1 of 1 DRAWN BY: XG 02020 by Urban Engineering urbansurve 1@urbanen•.com CASE: 0220-02 Aerial with Subject Property E C/ Map Scale: 1:2,400 LOCATION MAP 4. / '''-‘7 SUBJECT PROPERTY Corpus Christ. S. C ity of Cheri - t CASE: 0220-02 Aerial with Subject Property E C/ Map Scale: 1:2,400 LOCATION MAP 4. / '''-‘7 SUBJECT PROPERTY Corpus Christ. S. C ity of Cheri Zoning Case #0220-02 J3PV Investments, LP. Rezoning for a Property at 113 Porto Villageo Drive From "RM -AT" To "RS-4.5/PUD" N 1 City Council April 21, 2020 Aerial Overview Zoning Pattern SUBJECT PROPERTY PUD Deviations Minimum Dimensions Minimum Lot Width Minimum Lot Area Minimum Front Setback Minimum Street Corner Minimum Side Yard Minimum Rear Yard Minimum Building Separation Curb Type Maximum Building Height Sidewalks ROW Width Paved Street Width Parking Requirement "RS -4.5" District Standards Proposed PUD Deviation Minimum Open Space 25% 45 ft. 4,500 square feet 20 ft. 10 ft. 5 ft. 5 ft. 10 ft. 35 ft. 5 ft. both sides 50 ft. 28 ft. 6 in. curb & gutter 2 spaces per unit 45% 17 ft. 1,400 square feet 10 ft. 10 ft. O ft. O ft. O ft. None No Yes Yes Yes No Yes Yes Yes Yes 4 ft. existing (tied) Yes 50 ft. No 28 ft. No 6 in. curb & gutter No 2 spaces per unit No PUD Concepts .11.P172.L, R ES] CIL7,17.4 NON111 J 100 200 300 400. SCALE IN FEET LAND USE SUMMARY ES.141i LSTA-C1.1rIN • PROIN151,F,TATE WTI • 0.1 A, En.-4Durrt - 2,11-0 .XED USE DEVELOPMENT . LW. AC . 155 ac. ..11171C1-15:111...1-1IrrEl irAIPLEY • 6, —1,T74.7,1111T" 'zn RIGUI ,tinl A IARRING .1.11: 701 PUD Concepts PUD Concepts PUD Concepts Planning Commission and Staff Recommendation Approval of the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Porto Villageo Planned Unit Development (PUD) Guidelines and Master Site Plan and with a condition that the side yard setback shall be 3 feet where the PUD adjoins lots that are not part of the development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification 35 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area Opposed: 10 (8.14%) In Favor: 1 (HOA) CR -2 SUBJECT OPERTY Cre at. 2.202 d00 600 Prepared By Rey, Feei9 en err serves rof\ 1p 11 Utilities Water: Port Aransas WCID #4 Wastewater: Port Aransas WCID #4 Gas: N/A Storm Water: Roadside Inlets AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20 Second Reading Ordinance for the City Council Meeting 05/12/20 DATE: March 9, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 5506 Cain Drive CAPTION: Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a professional office (Surveying Company) with an attached storage garage. BACKGROUND AND FINDINGS: The subject property is 0.91 acres in size. According to the applicant the purpose of the request is to construct a professional office (Surveying Company) with an attached storage garage. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The 1989 Southside Area Development Plan specifically addresses limiting further commercial expansion into the Gardendale subdivision. However, the proposed use of a professional office with an attached storage garage is compatible with the adjoining residential properties and will not have a negative impact upon the adjacent properties. The subject property is not located at a major intersection and only has access to a "Local" street. Additionally, traffic generated by the use will route through a residential neighborhood. However, the proposed use of a professional office generates little traffic impact to the neighborhood. The generated traffic by the proposed use will generally be associated with the employees of the business. This case was originally presented to the Planning Commission on February 19th, 2020 with a staff recommendation of denial. After review and deliberation, the Planning Commission voted to table the case so a Special Permit could be drafted to allow the use of a professional office. Public Input Process Number of Notices Mailed 13 within 200 -foot notification area 5 outside notification area As of February 28, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions on March 4, 2020. ALTERNATIVES: 1. Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the change of zoning in lieu thereof, approval of a Special Permit. Planning Commission recommends denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS- 6/SP" Single -Family 6 District with a Special Permit with conditions with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 12A and 12B, Block 6, Gardendale as shown in Exhibit from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The subject property is located at or near 5506 Cain Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 CASE: 0220-04 SUBJECT PROPERTY WITH ZONING Subject Property RA1-1 Multifamily 1 RM -2 Multifamily 2 6113 Multifamily 3 ON Professional Off ice RMAT Multifamily AT CN -1 NeighborhoodCommercal LN -2 NeighborhoodConmerc al CR -1 Resort Commercial CR -2 CG -I CG -2 CI CBD CR -3 FR BP Resort Commercial General Commerc'aI General Commercial Intensive Commercal Downtown Commercial Resort Conme m ial Farm Rural Historic Overlay Business Park R Lght Industrial H Heavy Industral PUD Plan ned Unit Dev. Overlay RS -10 Single -Family 10 R5-6 Single-Family6 RS -4.5 Single -Family 4.5 RS -TF Two-Fam ily RS -I5 Single -Family 15 RE Residential Estate RS-TH Townhouse S P Special Perm it RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 1:2,400 LOCATION MAP 1 — 1 - / Exhibit A Page 4 of 4 Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property at or near 5506 Cain Drive from the "RS -6" Single - Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 12A and 12B, Block 6, Gardendale as shown in Exhibit from the "RS -6" Single -Family 6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit. The subject property is located at or near 5506 Cain Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The uses authorized by this Special Permit are all uses permitted by right in the "ON" Neighborhood Office District, including an accessory garage for the purpose of storage. 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 10:00 PM. 3. Buffer Yard: A Type B Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4. Signage: No pole -mounted signage is allowed on Cain Drive. 5. Outdoor Storage: Any outdoor storage is prohibited. 6. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within forty-eight (48) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A RM•3 CASE: 0220-04 SUBJECT PROPERTY WITH ZONING Subject Proper/ RM -1 Mu ltifa mily1 R0-2 Multifamily2 11M-3 Mu ltifamily3 ON Professional Off 'ce RAI -AT Multifamily AT CH -1 Neighborhood Commereal CH -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR BP Resort Commercial General Commere'aI General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial 11 Heavy Industrial PUO Planned Unit Dev. Overlay RS -10 Single -Family 10 R3-0 Single -Family .6 85-55 Single -Family 4.5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Perm it RV Recreational Vehicle Park RAIN Manufactured Home Map Scale: 1:2,400 SUBJECT OPERTY 1 \ I Corpus off LOCATION MAPChnsii Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0220-04 INFOR No. 20ZN1003 Planning Commission Hearing Date: February 19, 2020 Applicant & Legal Description Owner: Nazari Mohammad Rezaei Applicant: Nazari Mohammad Rezaei Location Address: 5506 Cain Drive Legal Description: Lots 12A and 12B, Block 6, Gardendale, located along the north side of Cain Drive, west of South Staples Street, and east of Burton Lane. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 0.91 acres Purpose of Request: To allow for the construction of a professional office (Surveying Company) with an attached storage garage. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS-6/SP" Single -Family 6 with a Special Permit Commercial Low Density Residential East "RS -6" Single -Family 6 Professional Office Commercial West "RS -6" Single -Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 043035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 130 feet of street frontage along Cain Drive which is designated as a "Local / Residential" Street. According to the Urban Transportation Plan, "Local / Residential" Streets can convey up to a capacity of 500 Average Daily Trips (ADT). Staff Report Page 2 a •Type i 0 - ci Street Urban Transportation Plan Proposed Section Existing Section Traffic Volume Cain Drive "Local / Residential"25' 50' ROW paved 60' ROW 22' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District to allow for the construction of a commercial business with a warehouse. Development Plan: The subject property is 0.91 acres in size. According to the applicant, the proposed use will be a single story office building 4,640 square feet in size. Within the office building will be a 2,880 single story warehouse. The business will have 18 permanent and part-time employees and will operate between the hours of 8:00 am to 5:00 pm Monday through Friday. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single -Family 6 District, consists of vacant land, and was the site of a former single-family home annexed in 1954. To the north and west is a single-family home subdivision (Gardendale; 1940) zoned "RS -6" Single -Family 6 District. To the south is a mini -storage business zoned "RS-6/SP" Single -Family 6 District with a Special Permit (2014). To the east is a professional office park zoned "CN - 1" Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6 -inch CIP line located along Cain Drive. Wastewater: 8 -inch VCP line located along Cain Drive. Gas: 2 -inch Service Line located along Cain Drive. Storm Water: Roadside inlets located along Cain Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with Staff Report Page 3 the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage convenient access from medium -density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Preserve and protect the residential nature of the Gardendale Neighborhood from Curtis Clark south to Cain Drive and from Everhart east to Staples. (Southside ADP, Police Statement B.10). • Prevent the development of non-residential uses into the interior of the neighborhood. (Southside ADP, Police Statement B.10). • Limit intrusion of new commercial or expansion of existing commercial development along the western and eastern edges of the neighborhood parallel to Everhart and Staples Streets. (Southside ADP, Police Statement B.10). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and may have a negative impact upon the adjacent residential properties. The property is currently vacant and is a remaining "RS -6" Single -Family 6 District tract. • The 1989 Southside Area Development Plan specifically addresses limiting further commercial expansion into the Gardendale subdivision. However, the proposed use of a professional office with an attached storage garage is compatible with the adjoining residential properties and will not have a negative impact upon the adjacent properties. • The subject property is not located at a major intersection and only has access to a "Local" street. Additionally, traffic generated by the use will route through a residential neighborhood. However, the proposed use of a professional office generates little traffic impact to the neighborhood. The generated traffic by the proposed use will generally be associated with the employees of the business. • This case was originally presented to the Planning Commission on February 19tH 2020 with a staff recommendation of denial. After review and deliberation, the Planning Commission voted to table the case so a Special Permit could be drafted to allow the use of a professional office. Planning Commission and Staff Recommendation (March 4, 2020): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" Single - Family 6 District with a Special Permit (SP) with the following conditions. Staff Report Page 4 1. Uses: The uses authorized by this Special Permit are all uses permitted by right in the "ON" Neighborhood Office District, including an accessory garage for the purpose of storage. 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 10:00 PM. 3. Buffer Yard: A Type B Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. 4. Signage: No pole -mounted signage is allowed on Cain Drive. 5. Outdoor Storage: Any outdoor storage is prohibited. 6. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within forty-eight (48) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 13 within 200 -foot notification area 5 outside notification area As of February 7, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Proposed Site Plan C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0220-04 Nazari Mohammad Rezaei/PC Documents/PC Report - Nazari Mohammad Rezaei.docx Staff Report Page 5 CASE: 0220-04 ZONING & NOTICE AREA R11-1MuIiiiamay1 IN1-2 Multiiamiy2 1413 Multifamily ON Professional OH ice R11 -AT Multiiamiy AT CN -1 NeighborhoodCcnmercal CR -2 Neighborhood Commercal CR -1 Resod Commercial CR -2 CG -1 CO -2 CI CBD CR -3 FR BP Resort Commercial Oereral Commercial General Commereal Fdensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light adustral M Heavy hdustraI PUD Planned'' Unit Bev.Overlay R5-10 Single -Family 10 R5-0 Single-Family0 RS -4.5 Sung Ie -Family 4.5 R5 -TF Two -Fan ily R5-15 Si n g le-Fam ily 15 RE Residential Estate RS-TH Townhouse SP 5pecial Penn It Ry RecrwlionaIVehide Park RMH Manufactured Hone r i o carers .a200 raver 4 Owners Miura 200'hs@don Owners �adnedownersA�; e x No n LOCATION MAP PROJECT INFORMATION! TOTAL LOT AREA = 39,60001 SFT OFFICE WARRRO['SE PAVEMENT OPENSPACE TOTALS % OF AREA TOTAL ARF.A 4A1050 SFP I I,7 2,SSI.00SFT 7.3% 14,254,22 SFT 3b11% I7, I24.2R SFT 4,5,0% 39,600.0CMSFT 1000% Staff Report Page 6 PARKING PARKING REQUIRED FROVIUF() L2 Ifi 10':' 42' .--. 70' 1O LANDSCAPE AREA 8' WOOD PRIVACY FENCE PRIVATETENNIS COURT rH ec frLrco c1.E1E.ar 4 0.0 I' WOOD PRIVACY FENCE it r CONCEPTUAL LA UT OCTOBER 25. 20LSk CASE: 0220-04 Aerial with Subject Property Subject Property Map Scale: 1:2,400 � v LOCATION MAPf Er City of Christi Zoning Case #0220-04 Nazari Mohammad Rezaei Rezoning for a Property at 5506 Cain Drive From "RS -6" To "CN -1" N 1 City Council April 21, 2020 Aerial Overview Zoning Pattern SUBJECT PROPERTY 670 Cil -2 2000000 C84 WOO Cha -9 ©©-2 2016 6 2002 ©84 ©84 cj' '1Igat RE -808p 2011 D 44 MOS C8-2 lose � '11 G30d6/3P 200 674 skit 2000077 qgg� G'-2 974 C8-2 geZ 11© gggg 1007 664 0202 1 676 002 1076 2002 Planning Commission and Staff Recommendation Denial of the "CN -1" Neighborhood Commercial District In lieu thereof, Approval of the "RS-6/SP" Single -Family 6 District with a Special Permit SP Conditions 1. Uses: The uses authorized by this Special Permit are all uses permitted by right in the "ON" Neighborhood Office District, including an accessory garage for the purpose of storage. 2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 10:00 PM. 3. Buffer Yard: A Type B Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential use. SP Conditions 4. Signage: No pole -mounted signage is allowed on Cain Drive. 5. Outdoor Storage: Any outdoor storage is prohibited. 6. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut- off shields are required for all lighting. No light projection is permitted beyond the property line. SP Conditions 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within forty-eight (48) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 13 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 8 UDC Requirements Buffer Yards: CN -1 to RS -6: Type B: 10' & 10 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Parking: 1:150 GFA Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in "CN -1" Utilities F Water: 6 -inch CIP Wastewater: 8 -inch VCP Gas: 2 -inch Service Line Storm Water: Roadside Inlets AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20 Second Reading Ordinance for the City Council Meeting 05/12/20 DATE: TO: Peter Zanoni, City Manager March 9, 2020 FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 7517 South Padre Island Drive (State Highway 358) CAPTION: Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near 7517 South Padre Island Drive (State Highway 358) from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a bank. BACKGROUND AND FINDINGS: The subject property is 2.07 acres in size. According to the applicant the purpose of the request is to construct a bank. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent properties. The property is currently vacant and is a remaining "RS -6" Single -Family 6 District tract. The subject property has never been developed. Public Input Process Number of Notices Mailed 3 within 200 -foot notification area 5 outside notification area As of February 28, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on March 4, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near 7517 South Padre Island Drive (State Highway 358) from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 2.07 acres out of Lot 16, Section 28 of the Flour Bluff and Encinal Farm and Garden Tracts as shown in Exhibit "A": from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. The subject property is located at or near 7517 South Padre Island Drive (State Highway 358). Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 MURRAY RASE, Jit„ P-E„R,P.L-S. N rXLH M. WF..1.$H, P.F.,R-P.1_S w ww.bits-weislr.coro Exhibit A RASE & WELSH ENGINEERING TX Registration No. P-52 Survey Registration Nu. 1011027.00 P.O. Box 6397 Corpus Christi, TX 78166-6397 February 10, 2020 Field Nate Description 3054 S, AI-AFIEDA, 2rP 16444 3b1 .6112.552L — FAX 35l 882-t2415 6 -nail; o lurrayjr(alsol. corn O -1R#11. BixrowLR¢maii.coro Being a trace situated in Corpus Christi, Nueces County. Texas, a portion of Lot 16, Section 28 of the Flour Bluff and Encnei Farm and Garden Trach, as shown on the map thereof recorded in Volume `A' al Pages 41 — 43, of the Map Records of Nueces County. Texas and being more particularly described by metes and bounds as forlows; BEGINNING at a point in the south right-of-way line of Soulh Padre Island Drive(SH 358) for the northwest Comer of lh is tracek. SaIrJ pont being the northeast comer of Lot 2, Bock 1, Roy &n11111 Plaza as shown an the map thereof recorded in Volume 60 at Page 22, Map Records, Nueces County, Texas; THENCE S 67°56'47' E along the south right-ofinray Zine of Sowth Padre Island Drive a distance of 239.83 feet to a point set for the northeast corner of this tract; THENCE 5 26'02'22"W into the heretofore referenced Lot 16, a distance of 364.13 feet to a point far the southeast comer of this tract; THENCE N 03"5738" Viir a distance of 254.16 feet to a point for the southwest comer of this Imo, said pain! being the sculheasi Corder 01 the heretofore rofersr,oed Lot 2, Block 1. Ray Smith Plaza; THENCE N 6°42'22" E along the east boundary of Lot 2 a distance or 306.78 teel to an intermediate comer of this tract; THENCE continuing along the east boundary of Lot 2. N 0°10'20' E a distance of 43.32 feat to the POINT OF BEGINNING forming a tract embracing 2.0662 acres. r�41f: sesta 4f Bearing i5 Sbte 0—rpm's Lambili Grid. South Zone, NAO 1983 MBJ:aab 21O0S-Flele Note Pesodac EXHIBIT "A" Pig 1 of 1 Page 4 of 5 AREA SOUTH PADRE ISLAND DROVE E SH v FND 5/5" IR r� w D0 b z /—R4.0 5/8 �fl S67'56'47 E 239.83 5ET 5/8" r 47F :7'77"4 SET 5/8" IR -\ N63'57'35"W 254.15' 90,002 SO. FT. 2.066 ACRES SKETCH FOR REZONING 2.066 ACRES OUT OF LOT 1 FLOUR BLUFF AND ENCINAL FARM P,raAro7 by.' Boss & Welsh Frrgrneerrrg 3054 So. Alameda St. Corpus Christi. Tx. 76444 (361) 682-5521 (phone) (361) 882-1265 (fax) Firrn Registration Na. F-52 REANNDER OF LOT 16 SECT1ON 29 VOL `A" PGS 41-43 M. .N,C.T. APPLICATION 6, SECTION 28 AND GARDEN TRACTS EHID : IT "B" Job No: 20405 score: 1"-60' Oo#e: 02-19-2O2 Drawing Na: SI<EfuH Piofscale: 1=1 Sheet 1 of Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0320-01 INFOR No. 20ZN1006 Planning Commission Hearing Date: March 4, 2020 Applicant & Legal Description Owner: Margo Lyn Moore Applicant: Clower Company Location Address: 7517 South Padre Island Drive (State Highway 358) Legal Description: Being 2.07 acres out of Lot 16, Section 28 of the Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of South Padre Island Drive (State Highway 358), east of Rodd Field Road, and west of Lexington Road. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -2" General Commercial District Area: 2.07 acres Purpose of Request: To allow for the construction of a bank. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Mixed Use North "CG -2" General Commercial Commercial and Medium Density Residential Commercial and Medium Density Residential South "RS -6" Single -Family 6 Vacant Mixed Use East "RS -6" Single -Family 6 Vacant Mixed Use West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 040034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 240 feet of street frontage along South Padre Island Drive (State Highway 358) which is designated as a "F1" Freeway / Expressway. According to the Urban Transportation Plan, "F1" Freeway / Expressways can convey a capacity between 60,000 to 200,000 Average Daily Trips (ADT). Staff Report Page 2 �,, I; • ri Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island Drive (SH 358) "F1" Freeway / Expressway 400' ROW Varies paved 280' ROW 115' paved 8,989 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow for the construction of a bank. Development Plan: The subject property is 2.07 acres in size. The applicant has not yet submitted any specific plans concerning the proposed bank. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District, consists of vacant land, and has remained undeveloped since annexation in 1954. To the north across South Padre Island Drive is an apartment complex zoned "RM -1" Multifamily District and a vacant portion of property zoned "CG -2" General Commercial District. To the south and east is a vacant unplatted tract of land zoned "RS -6" Single -Family 6 District. To the west is a restaurant (McDonalds) and a convenience store (Valero) zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12 -inch C900 line located along South Padre Island Drive (SH 358). Wastewater: 8 -inch PVC line located along Rodd Field Road. Gas: 12 -inch Service Line located along South Padre Island Drive (SH 358). Storm Water: 24 -inch located along South Padre Island Drive (SH 358). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The property is currently vacant and is a portion of a larger remaining "RS -6" Single - Family 6 District tract. The subject property and surrounding tracts are identified on the Future Land Use Map for Mixed Uses. This rezoning indicates infill development on a historically vacant property and the potential for future rezonings on the remaining portion of the larger tract. • If the "CG -2" General Commercial District is approved, the proposed bank will need to abide all requirements of the Unified Development Code (UDC). • Specifically, a Type C buffer yard will be required for the northern property line. Type C buffer yards consist of a 15 -foot wide buffer and at least 15 points. Planning Commission and Staff Recommendation (March 4, 2020): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Public Notification Number of Notices Mailed — 3 within 200 -foot notification area 5 outside notification area As of February 28, 2020: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0320-01 Margo Lyn Moore (Clower Company)/Council Documents/Report - Margo Lyn Moore.docx Staff Report Page 4 CASE: 0320-01 ZONING & NOTICE AREA R11-1 Multifamily 1 R11-2 Multifamily2 RIA -3 Multifamily] ON Professional ON ice RM -AT Multifamily AT CH -1 Neig h horhood C om martial CH -2 Neighborhood Commerc'Ial CR -I Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR BP Resort Commercial General CormmercaI Genera I Canmerca I Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Idusirial IH Heavy hdusiraI PUD Planned Unit Dev. Overlay 85-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 5irgle-Faml ly4.5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV RecreatIona I Vehlde Park RIAH Manufactured Halle abjeaP per 0oiNa om en 0'!suffer Ari !akar ea eiih4r 200'fishd on Omen 4 Tmn aithedemaaay; labiaX inopp rim d - SUB-JECT PROPERTY` RS -6 Dat- • at CASE: 0320-01 Aerial with Subject Property Subject Property Map Scale: 1:2,400 FON' LOCATION MAP Zoning Case #0320-01 Margo Lyn Moore Rezoning for a Property at 7517 South Padre Island Drive (SH 358) From "RS -6" To "CG -2" Liadvw 1,.13} N 1 City Council April 21, 2020 Aerial Overview Zoning Pattern Planning Commission and Staff Recommendation Approval of the "CG -2" General Commercial District Public Notification CG -2 3 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 Department of Develcpmen 5 UDC Requirements Buffer Yards: CG -2 to RS -6: Type C: 15' & 15 pts. Setbacks: Street: 20 feet Side/Rear: 0 feet Parking: 1:250 square feet Landscaping, Screening, and Lighting Standards Uses Allowed: Multifamily, Offices, Medical, Restaurants, Retail, Bars, and Hotels. Utilities F Water: 12 -inch C900 Wastewater: 8 -inch PVC Gas: 12 -inch Service Line Storm Water: 24 -inch line AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting on April 21, 2020 Second Reading Ordinance for the City Council Meeting on May 12, 2020 DATE: March 16, 2020 TO: Peter Zanoni, City Manager FROM: Dan McGinn, Director, Planning and Environmental Services DanielMc@cctexas.com (361) 826-7011 Texas Commission on Environmental Quality (TCEQ) Air Quality Grant CAPTION: Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas Commission on Environmental Quality and appropriating in the Community Enrichment Grant Fund. SUMMARY: The purpose of this agenda item is to obtain authority to accept and appropriate a grant for air quality planning services. BACKGROUND AND FINDINGS: From 1995 through 2017, the Texas Legislature appropriated funding to the TCEQ and directed funds via rider to near non -attainment areas (Austin, Beaumont, Corpus Christi, El Paso, Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco) for ozone emission reduction planning and programs to remain in attainment of National Ambient Air Quality Standards (NAAQS) for ozone established by the EPA. During this time the City of Corpus Christi received these grant funds with no City match required from the Texas Commission on Environmental Quality (TCEQ). The City was responsible to administer the grant and oversee activities associated with air quality planning, monitoring and modeling. Funding was reduced via a line -item veto of $6,000,500 in the FY 2018-2019 General Appropriations Act for TCEQ. The veto stripped the nine near non -attainment communities of the only funding for programs documented to keep them in attainment of ozone standards. The city council passed a resolution recommending restoration for funding to TCEQ on February 27, 2019. During the 86th Legislative session, Governor Abbot restored the funding to near non -attainment areas. The TCEQ has made an additional $281,250.00 available to the City. The City's Rider 7 Air Quality Planning grant provides for administration of the grant and the City to sub -contract near non -attainment monitoring and assessment with Texas A&M University — Corpus Christi. The grant agreement must be executed by the City and TCEQ in order to ensure the funds are obligated and to accept the additional funding. ALTERNATIVES: 1. Approve the ordinance authorizing the acceptance and execution of the grant. 2. Locally fund the air quality monitoring services without the assistance of the State of Texas FISCAL IMPACT: The grant is a reimbursement grant for $281,250.00 and will be appropriated into the Community Enrichment Grant Fund No. 1071 Funding Detail: Fund: Community Enrichment Grant Fund No. 1071 Organization/Activity: 806069S Mission Element: 717 Account: 530000 — Professional Services RECOMMENDATION: Approve the ordinance authorizing the acceptance and execution of the grant for air quality planning services. LIST OF SUPPORTING DOCUMENTS: Ordinance TCEQ Air Quality Cooperative Reimbursement Contract Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas Commission on Environmental Quality and appropriating in the Community Enrichment Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary to accept the Air Quality Planning Grant Contract Number 582-20-11981 in the amount of $281,250.00 from the Texas Commission on Environmental Quality for air quality planning activities. SECTION 2. Grant funds in the amount of $281,250.00 from the Texas Commission Environmental Quality are appropriated in the Community Enrichment Fund No. 1071 for air quality planning activities. SECTION 3. Expenditures in the amount of $281,250.00 are increased in the Community Enrichment Fund No. 1071. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Texas Commission on Environmental Quality CONTRACT SIGNATURE PAGE Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Performing Party: City of Corpus Christi Performing Party Identification Number: 17460005741 Maximum Authorized Reimbursement: $281,25o.00 Effective Date: Expiration Date: ❑ 09/01/2019 ® 12/31/2021 ® Date of last signature ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 (Interagency) ❑ Gov't Code ch. 791 (Interlocal) ❑ Water Code § 5.229 (Intergovernmental) ® Water Code§ 5.124 (Grant) The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a state agency or local government of the State of Texas, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized by TCEQ, Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS) and this Contract. Texas Commission on City of Corpus Christi Environmental Quality (TCEQ) (Performing Party) Authorized Signature Authorized Signature Tonya Baer Steve Viera Printed Name Printed Name Deputy Director Assistant City Manager Title Title Date Date Procurements & Contracts Representative Sergio Vasquez, CTCM, CTCD Printed Name Date Texas Commission on Page 1 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 CONTRACT DOCUMENTS LIST Cooperative Reimbursement Contract for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page. Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. • Contract Signature Page • Contract Documents List (this page) • Special Terms and Conditions • Scope of Work • General Terms and Conditions • Cost Budget • Notices, Project Representatives and Records Locations • Attachment A — Release of Claims • Attachment B — Personnel Eligibility List (PEL) • Attachment C — Quarterly Progress Report (QPR) • Attachment D — Financial Status Report (FSR) • Attachment E — Budget Revision Request Form Texas Commission on Page 2 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 SPECIAL TERMS AND CONDITIONS These conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this agreement. 1. Article 1, Section 1.2, Amendments, in the General Terms and Conditions is replaced with the following: 1.2.Amendments and Minor Changes 1.2.1. A formal Amendment to the contract signed by authorized officials of both Parties is required for changes to the substantive obligations of the Performing Party and/or TCEQ, including the following: 1.2.1.1. Changes in the total amount of funds in the Cost Budget or the Contract 1.2.1.2. Changes to the Contract's Expiration Date 1.2.1.3. Changes to the Scope of Work that affect TCEQ obligations to the Texas Legislature, and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a formal amendment, to make written Contract interpretations and agree in writing to minor, non -material changes to requirements in the Scope of Work or Performing Party's Statement of Work including: 1.2.2.1. Changes to the schedule in the Contract including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.2.2. Changes to the individual tasks in the Scope of Work or Performing Party's Statement of Work that do not substantially change the obligations of the parties relative to those tasks, and 1.2.2.3. Transfers between the authorized amounts of expenditures in the Cost Budget, not to exceed io% of the total amount. 1.2.3. To be effective, the contract changes agreed to by TCEQ must be in writing and must also be agreed to by an authorized Representative of the Performing Party. An email containing the change and an approving response from the other Party is sufficient. A copy of the agreed change must be retained in the appropriate file of both the Performing Party and TCEQ. 1.2.4. It is the responsibility of the Performing Party to request extensions to the deliverable schedule and the other changes that are within the authority of TCEQ. Texas Commission on Page 3 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 2. The following is added to Article 4, REIMBURSEMENT, in the General Terms and Conditions: 4.7 Advance Requests. The TCEQ will advance payments to the Performing Party up to 50% of the Maximum Authorized Reimbursement on the Contract Signature Page. This advance payment is for work to be performed in accordance with the Scope of Work and Rider 7 in the TCEQ FY2o-21 appropriation (HB 1, 86th Legislature). This advance must be requested in writing by the Performing Party after this Contract is fully executed and once funds are available. 4.7.1 Conditional Advance. Funds are advanced on the condition of the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either funds unspent or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. Any money that has not been spent in accordance with this Contract by December 31, 2021 must be immediately refunded to TCEQ in accordance with UGMS Part III. Subpart D _.50 Closeout. Performing Party agrees to return unspent or unauthorized funds within 90 days of the Contract Expiration Date. 4.8 Financial Status Report. The Performing Party will submit a quarterly report on the Financial Status Report (FSR, Attachment D), documenting the allowable expenditures, and administrative costs incurred in the previous quarter for performing the Scope of Work and the remaining balance of funds. The Performing Party's FSRs shall be complete and conform to all reimbursement or invoice requirements specified by TCEQ. The Performing Party must include documentation with the FSR demonstrating expenses incurred. All administrative costs are capped by Rider 7 in the TCEQ FY20-21 appropriation (HB 1, 86th Legislature) at 10%, and this limit must be demonstrated on each FSR. 4.9 Reporting by Subcontractors. Performing Party shall require, by contract, its subcontractors to invoice it monthly. Costs relating to subcontractors shall be invoiced to TCEQ quarterly. 3. ADMINISTRATIVE COSTS 3.1. In accordance with Rider 7 in the TCEQ FY2o-21 appropriation (HB 1, 86th Legislature), no more than 10 percent of the allocation be used for administrative purposes. 3.2. Administrative Costs are costs incurred by the Performing Party that can be identified separately and assigned to a specific project, used in order to properly administer and manage the contract funds. Administrative costs may include, but are not limited to, providing general supervision for grant activities, administering sub -contracts, and submitting reports and invoices. Texas Commission on Page 4 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 4. SPECIFIC INFORMATION REQUIREMENTS FOR INVOICES. 4.1 Invoices must include the following, as applicable, on the face of the invoice: Invoice date Service dates TCEQ Contract No. Performing Party Vendor Identification No. Performing Party mailing address, Fax No. and Telephone No. Name(s) of Performing Party Principal Investigator Item/service description Amount invoiced Name and telephone number of individuals designated by Performing Party to answer questions regarding the invoice (if other than Performing Party's Project Representative for Contractual Matters) Invoice total Backup documentation for Performing Party and subcontractor costs. A Financial Status Report (may also be referred to as FSR, Form 269a, or TCEQ Form 20248) 4.2 Whenever a cost is to be determined under a Cost Budget, Performing Party will establish and maintain records of costs in accordance with Uniform Grant Management Standards (UGMS) and generally accepted accounting principles and practices and submit, in a format acceptable to TCEQ, an itemized price breakdown together with supporting documentation. All service dates on invoices must match supporting documentation dates. 5. RELATIONSHIP OF CERTAIN PROVISIONS 5.1. Unless there is a clear conflict between the requirements in the General Terms and Conditions and the Scope of Work (SOW), the requirements should be read in harmony. The SOW may waive or modify General Terms and Conditions regarding: intellectual property, lab accreditation, technical data, and Quality Assurance Project Plans. The waiver or modification in the SOW must explicitly refer to the provision in the General Terms and Conditions that it waives or modifies. 6. GRANTEE PERFORMANCE EVALUATION 6.i. Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor in the selection of future grants. The TCEQ may provide this information to state agencies and others. The Performing Party consents to the disclosure of any information or opinion in the evaluations. Texas Commission on Page 5 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 7. PERSONNEL ELIGIBILITY LIST (PEL) 7.1. All individuals charged as direct costs under the contract must be included on the PEL (Attachment B). To make substitutions to individuals listed on the PEL or to add individuals to the PEL, the Performing Party must submit an updated PEL to the TCEQ Contract Manager. The Performing Party shall not use the individuals substituted or added to the PEL prior to receiving an electronic mail from the TCEQ Contract Manager stating that TCEQ has no objection to the updated PEL (see UGMS III. Section .30(d)), unless failure to immediately proceed with the substitution or addition will jeopardize the successful performance of the grant activities. If prior notification of the substitution or addition will jeopardize the successful performance of the Grant Activities, the Performing Party must immediately notify TCEQ by providing the updated PEL. 8. AUTHORIZATION 9. 8.1. A Notice to Proceed document will not be required for this Contract. The last date of signature by the parties shown on the Contract Signature Page shall make the agreement effective and allow the Performing Party to proceed with the Contract Activities. LIMITATION ON GRANTS TO UNITS OF LOCAL GOVERNMENT 9.1. The Performing Party will ensure that any expenditure of funds received under this grant complies with the Limitation on Grants to Units of Local Government under Article IX, Part 4, Section 4.04 of the General Appropriations Act (HB 1, 86th Legislature). 10. ASSURANCES The Performing Party assures compliance with the provisions found in UGMS III Subpart B, _.14 State assurances, that are applicable to this grant. Texas Commission on Page 6 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 SCOPE OF WORK I. Purpose The City of Corpus Christi (Performing Party) will conduct air quality planning activities in accordance with Rider 7 of the Texas Commission on Environmental Quality's (TCEQ) Legislative Appropriation from the 86th Legislature. Rider 7 funds are limited to inventorying emissions, monitoring pollution levels, and administration of the program. Rider 7 further requires that no more than io% of the allocation be used for administrative purposes and prohibits the expenditure of the following: marketing and outreach activities, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs. The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan (SIP). II. Description of Activities The Performing Party shall use Rider 7 funds in the following performance/subject areas: A. Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions. Emission inventory projects must be approved in advance by the TCEQ and will be limited to those most useful for the State Implementation Plan (SIP). To maintain consistency with the SIP, the Performing Party and its sub -grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with emissions inventories (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. B. Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects should be limited to those most useful for the SIP and therefore should be associated with ozone and its precursors, which are primarily nitrogen oxides (NOx) and volatile organic compounds (VOC). Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case by case basis. Texas Commission on Page 7 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 III. Deliverables Task 1- Project Management The Performing Party will provide technical and fiscal oversight of the project to ensure all activities and deliverables are acceptable, completed as scheduled and within budget, including ensuring that no more than io% of costs are spent on administrative expenses. Project management will be documented and provided to the TCEQ Project Manager through a Quarterly Progress Report (QPR) and quarterly Financial Status Reports (FSR). Subtask 1.1 QPR: The Performing Party will electronically submit QPRs (Attachment C) to the TCEQ Project Manager via email. QPRs will document all activities performed, the status of each relevant deliverable, and the costs incurred that quarter. The Performing Party will submit QPRs by the 3oth of December, March, June and September, aligning with the state fiscal quarters. The Final Report deliverable will serve as the final QPR. Subtask 1.2 FSR: The Performing Party will submit FSRs (Attachment D) to the TCEQ Contract Manager in accordance with the Special Terms and Conditions. Subtask 1.3 Contract Communication: The Performing Party's Project Manager, or a knowledgeable designee, must be available for questions from the TCEQ Project Manager at all reasonable times during the performance of work under this Contract, and for at least one month after the Contract has been completed. The Performing Party will maintain regular telephone and/or email communication with the TCEQ Project Manager regarding the status and progress of the project and on any matters that require attention between QPRs. Matters that must be communicated to the TCEQ Project Manager include, but are not limited to: • Notification a minimum of 3o days before the Performing Party has scheduled public meetings or events, or other major Task activities or developments. • Notification within 15 days regarding events or circumstances that may require changes to the Budget, Statement of Work, or Schedule of Deliverables. The Performing Party may need to participate in meetings between the TCEQ, U.S. EPA Region 6, and possibly interested stakeholders either in person or via telephone, internet conference, etc. Task 2 —Statement of Work The Performing Party must submit and obtain approval of a Statement of Work detailing the use of Rider 7 funds for inventorying emissions and/or monitoring pollution levels before expending the funds. The cost of Task 2 activities must be included as a separate cost line item or category that details the number of hours spent and the cost of preparation. Texas Commission on Page 8 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Subtask 2.1 Statement of Work The Statement of Work must contain the following pieces of information and any others deemed necessary by TCEQ to address the intent of the Contract (e.g., figures, tables, work products, processes, deliverables, etc.) Each of the sections must be named or titled using the following headings: 1. GRANT NUMBER AND NAME. 2. PERFORMING PARTY'S PROJECT MANAGER(S): The name(s) and contact information of the project manager(s) to be assigned to the activities under the Contract and the names and contact information of alternate personnel in the event the project manager is unavailable to perform assigned tasks. 3. PERSONNEL ELIGIBILITY LIST: A completed Attachment B: Personnel Eligibility List (PEL). 4. SUBGRANTEES TO BE USED UNDER THIS CONTRACT. 5. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES. See detail under Subtask 2.2, below. The Statement of Work shall address which technical activities will require a Quality Assurance Project Plan (QAPP). The Performing Party may not commence technical activities until the QAPP is developed and accepted by the TCEQ. 6. TIME LINE: The schedule for the project described by the Contract (if there is a conflict with the time line included in the Contract, the Performing Party must bring this to the attention of TCEQ Project Manager). • PROJECT MILESTONES & WORK (ACTIVITIES) BREAKDOWN STRUCTURE. 7. BUDGET: Complete the Cost Budget form for the Contract (the budget submitted must be sufficiently detailed to allow TCEQ to easily determine the hours, prices, and personnel, by classification, related to each task and deliverable, and must also include a total for the proposed Statement of Work). 8. TECHNICAL APPROACH/METHOD: The technical approach/method for the Statement of Work must contain detailed descriptions of the tasks and deliverables and the dates that deliverables must be provided to the TCEQ by Performing Party. 9. MODELS AND SOFTWARE TO BE USED BY PERFORMING PARTY: Models, software, and any other tools in addition to those already specified in the Contract to be used to complete the project described in the Contract, as well as the documentation procedures where applicable. If a substitute model is proposed, Performing Party must clearly identify that it is being proposed as a substitute and explain why. If it is not specifically approved by TCEQ as a substitute, Performing Party must use the models and software specified in the Contract. 10. MISCELLANEOUS INFORMATION OR ELEMENTS. If the Performing Party is aware of any additional requirements which will apply to the work being performed, the Performing Party must include them in its Statement of Work. 11. SIGNATURE BY PERFORMING PARTY: The Performing Party must have the Statement of Work signed and dated by a person with the authority to bind the Performing Party to the performance of the Statement of Work (please include the title and printed name of the person signing the Statement of Work). The Statement of Work must include the Performing Party's company/organization name in a prominent place on the Statement of Work and the Performing Party's name must also appear above the Performing Party's signature block. Texas Commission on Page 9 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 The TCEQ Project Manager will review the Performing Party's Statement of Work and either make comments and suggest changes or approve the Statement of Work as prepared by the Performing Party. Upon TCEQ's approval, the Performing Party's Statement of Work is incorporated into the Contract, and TCEQ will issue a Notice to Commence (NTC). If the Performing Party becomes aware of any additional applicable requirements after TCEQ has approved the Statement of Work, the Performing Party shall notify TCEQ and submit a revised Statement of Work. Subtask 2.2 Quality Assurance/Quality Control (QA/QC) Procedures The Performing Party must draft and follow a QAPP. A QAPP addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria The Performing Party is responsible for the content and quality of the QAPPs and their implementation. The QAPPs shall address the technical activities detailed in the Statement of Work following the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5. All funded activities shall adhere to the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5, and include full documentation of the methods and procedures used. A QAPP for this project must include a formal QA/QC program that will ensure Contract activities and deliverables are of known and acceptable quality. The QA/QC requirements must be consistent with the TCEQ Quality Management Plan. QAPPs must be made available upon request by the TCEQ. Task 3: Inventorying emissions, monitoring of pollution levels, and administration of the program Subtask 3.1 Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions and emission inventory (EI) development defined as: 1. Updates to applicable source classification code specific activity and population data; 2. Updates to applicable source classification code specific profiles; 3. Updates to EI data element (emissions factors, projection factors, and control efficiencies); 4. The development of updated EIs using the Environmental Protection Agency's (EPA's) approved methodologies and modeling applications; and 5. Refinements to the speciation, spacial allocation, and temporal allocation of emissions for SIP modeling. Texas Commission on Page 10 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 EI projects shall be limited to those most useful for the SIP. To maintain consistency with the SIP, the Performing Party and its sub -grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with EIs (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. To facilitate use by the TCEQ, all non -point EI data developed through these activities should be in CERS XML format or other formats compatible with applicable TCEQ databases. Additionally, EI development shall adhere to the principles and practices of the following: a. Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations b. Air Emissions Inventory Improvement Program (EIIP) All inventory activities must conclude on or before October 31, 2021. Subtask 3.2 Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects should be limited to those most useful for the SIP and therefore should be associated with ozone and its precursors, which are primarily nitrogen oxides (NOx) and volatile organic compounds (VOC). Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case by case basis. Regarding site access and data hosting: 1. Projects proposing monitoring equipment to be collocated with a TCEQ stationary monitoring site will be subject to approval and may be prohibited based on limitations in existing site agreements with property owners. 2. Projects that include the collection of air quality monitoring data must consider data management as a key component of the project. Reliance upon the TCEQ data systems to host or display data collected under a Rider 7 project should not be assumed. All monitoring activities must conclude on or before November 30, 2021 Task 4: Draft and Final Reports The Performing Party shall analyze the results of all projects and work funded under Task 3. The Performing Party shall submit a report to the TCEQ that documents the data and findings from all projects and work funded under Task 3. Texas Commission on Page 11 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Subtask 4.1 Draft Report - The Performing Party must provide the Draft Report required under in any one or combination of the following: ® as a loose -bound original suitable for copying, with the following number of additional copies: One (1) ❑ on Compact Disc, including all other electronic deliverables ® in an FTP file, including all other electronic deliverables unless another format is specified below, and/or ® other: An electronic format delivered via email. If an electronic copy of the Draft Report is required, it must be in: ® Microsoft Word and/or IX PDF The Draft Final Report shall provide a comprehensive overview of activities undertaken and any data collected and analyzed. The Draft Final Report must highlight major activities and key findings, provide pertinent analysis, and detail relevant statistics including data, parameter, or model completeness, accuracy and precision. The Draft Final Report shall include the following components: 1. an executive summary or abstract; 2. a detailed description of all projects funded under Task 3; 3. a detailed discussion of the Performing Party's analyses and findings under Task 4. 4. a discussion of the pertinent accomplishments, shortfalls, and limitations of the activities completed under Task 3; and 5. all data and analyses from projects funded under Task 3 and the Performing Party's evaluation of those results under Task 4. Texas Commission on Page 12 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Subtask 4.2 Final Report: The Performing Party must address any comments received by TCEQ on the Draft Final Report and provide the Final Report as follows: ❑ the executive summary as a loose -bound original suitable for copying, with the following number of additional copies: ❑ the full report on Compact Disc, including all other electronic deliverables unless another format is specified below IA in an FTP file, including all other electronic deliverables unless another format is specified below, and/or 1 other: An electronic format delivered via email. If an electronic copy of the Final Report is required, it must be in: ® Microsoft Word and/or IX PDF Subtask 4.3 Other electronic data (if required): The Performing Party shall retain the materials for 3 years after the project end date. This is necessary to document its work should third parties ask the TCEQ to provide the data and/or analyses that formed the final report's data and findings. If electronic data is requested, Performing Party must provide the following electronic data in the format specified below: The Performing Party must provide supporting materials including data, scientific literature (citations, not actual articles), analysis results, and other relevant materials that substantiate the conclusions reached in the Final Report. This "back-up" material will be used to provide clarifications and answer technical questions that third parties might ask about the Final Report. n on Compact Disc ® FTP file, and/or other: Texas Commission on Page 13 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant IV. Summary Schedule of Deliverables Contract Number: 582-20-11981 Deliverable Deliverable Due Date Project Management (Task 1) Deliverable 1.1: QPRs Deliverable 1.2: FSRs/Invoices Deliverable 1.3: Contract Communication 1.1 Quarterly by the 3oth of December, March, June, & September. 1.2 Quarterly by the 3oth of December, March, June, & September. 1.3 As needed Statement of Work & QAPP (Task 2) Deliverable 2.1: TCEQ approved Statement of Work Deliverable 2.2: TCEQ approved QAPP 2.1 Within thirty (30) calendar days after this Contract is executed by TCEQ. 2.2 Within thirty (30) calendar days after task 2.1 is approved by TCEQ. Inventorying emissions, and monitoring of pollution levels, and administration of the program (Task 3) Deliverable 3.1: Inventorying Emmissions Deliverable 3.2: Monitoring of Pollution Levels 3.1 October 31, 2021 3.2 November 30, 2021 Draft and Final Report (Task 4) Deliverable 4.1: Draft Report Deliverable 4.2: Final Report 4.1: December 1, 2021 4.2: December 31, 2021 V. Assumptions A. Copies For each report, the Performing Party shall provide to the TCEQ, in Austin, Texas, the number of printed and bound copies as specified in Task 4. Electronic copies of all reports and text, graphic, spreadsheet files and models used in the preparation of any documents related to the project reports, to document results and conclusions (e.g. sampling data, work files, etc.), or developed as work products under this Contract shall be supplied at the conclusion of the project or earlier, as specified or requested in writing or by e-mail by the TCEQ Project Manager. Texas Commission on Page 14 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 B. Software Standards The software standards at the TCEQ in word processing and spreadsheet software are Microsoft Word and Microsoft Excel or a software version to be negotiated at the appropriate time. All electronic copies of documentation shall be supplied in these formats or saved in a format that can be imported in such a way that the document or spreadsheet quality is not distorted. Where conversions from one spreadsheet or one word processing format to another result in changes in the formatting that detract from the presentation quality at minimum or result in significant work in restoring the documents or spreadsheets to presentation quality, the work produced will not be acceptable to TCEQ under this Contract. Texas Commission on Page 15 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 GENERAL TERMS AND CONDITIONS 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreement by both parties. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the contract funding source. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 2.6 Abortion Funding Limitation. Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the contract are not prohibited by Article IX, Section 6.25 of the General Appropriations Texas Commission on Page 16 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Act, 86th Legislative Session (2019), nor by Texas Government Code Chapter 2272 Prohibited Transactions [Senate Bill 22, 86th Legislative Session (2019)]. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Level -of -Effort Certification (LEC). Performing Party must complete the attached Level -of -Effort Certification (LEC) for salaried employees performing work under this Contract. LEC must be completed monthly and LEC(s) must be submitted with each invoice, except for nonexempt employees, for which the Performing Party must submit time sheets. Performing Party may develop and use its own LEC method, which must be reviewed and approved by TCEQ prior to implementation. The LEC method must meet the following requirements and all other federal and state requirements regarding documentation for personnel expenses: a. Reflect an after -the -fact distribution of the actual activity of each employee; b. Account for the total activity for which each employee is compensated, including activities not performed under this Contract; c. Be prepared at least monthly and must coincide with one or more pay periods; and d. Be signed, physically or electronically, by the employee and the supervisory official having first-hand knowledge of the work performed by the employee. The employee's signature is not required in the event the employee cannot be reached due to termination of employment, lack of forwarding address, death or other documented reason. 4.3. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities Texas Commission on Page 17 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.4. No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.5. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.6. State agencies/Institutions of Higher education. If the Contractor is a State agency or institution of higher education payments must be made via interagency transaction voucher (ITV), please provide a Recurring Transaction Index (RTI) number on the face of the invoice OR if payments are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For additional information, please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. 5. FINANCIAL RECORDS, ACCESS AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work Texas Commission on Page 18 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 is furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee -employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.3 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 7. TIME 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 8. CONFLICT OF INTEREST Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: i. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or ii. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written Texas Commission on Page 19 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1 Quality and Acceptance. AU work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. Texas Commission on Page 20 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of Texas Commission on Page 21 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14.SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. Texas Commission on Page 22 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 15. SURVIVAL OF OBLIGATIONS. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. i6.CONTRACT INTERPRETATION 16.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 16.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 16.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. 16.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 16.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 16.6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 16.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. Texas Commission on Page 23 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 16.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 16.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 16.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 16.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 16.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 16.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. Texas Commission on Page 24 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Cost Budget Cooperative Reimbursement Contract for State Agencies and Local Governments 1.o Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Total Cost for Work to be Performed Portion that is Administrative Costs (must be to% or less of Total) Salary / Wages $o.00 Fringe Benefits $o.00 Travel $o.00 Supplies $o.00 Equipment $o.00 Contractual $o.00 Construction $o.00 Other $o.00 Indirect Costs $o.00 Total $281,25o 2.0 Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is of (check one): ❑ salary and fringe benefits ❑ modified total direct costs ❑ other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): Predetermined Rate—an audited rate that is not subject to adjustment. ❑ Negotiated Predetermined Rate—an experienced -based predetermined rate agreed to by Performing Party and TCEQ. This rate is not subject to adjustment. ❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. Texas Commission on Page 25 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 3.0 Other. If Budget Category "Other" is greater than $25,000 or more than io% of budget total, identify the main constituents: 4.o Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 5.o Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 6.o Budget Control. a. Cumulative transfers equal to or less than io % of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent (io%) of the Total Budget amount. Performing Party must timely submit a Budget Revision Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2. The io% limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than io % of the Total Budget. TCEQ must pre -approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than io% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre -approval in writing. 7.0 Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8.o Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year-to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. 9.o Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above, indirect Texas Commission on Page 26 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do no benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. 10.0 Administrative Costs. No more than io% of the Total Contract Amount may be used for administrative purposes. Texas Commission on Page 27 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-2o-11981 CONTRACT NAME: CITY OF CORPUS CHRISTI RIDER 7 LOCAL AIR QUALITY PLANNING GRANT 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information. Either party may change its information in this Notices, Project Representatives and Records Location document by providing notice to the other party's representative for contractual matters. 3. TCEQ Representatives TCEQ CONTRACT MANAGER (for Contractual Matters) Roger Moon Contract Specialist Title Texas Commission on Environmental Quality P.O. Box 13087 MC -164 Austin, Texas 78711-3087 Telephone No. (512) 239-6474 Facsimile No. (512) 239-1500 4. Performing Party Representatives. For Contractual Matters Sharon Bailey Murphy Environmental Affairs Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Telephone No. (361) 826-4066 Facsimile No. (361) 826-4681 E-mail: SharonL(a?cctexas.com Texas Commission on Page 28 of 43 Environmental Quality TCEQ PROJECT MANAGER (for Technical Matters) Chris Owen Project Manager Title Texas Commission on Environmental Quality P.O. Box 13087 MC -206 Austin, Texas 78711-3087 Telephone No. (512) 239-4235 Facsimile No. (512) 239-1500 For Technical Matters Sharon Bailey Murphy Environmental Affairs Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Telephone No. (361) 826-4066 Facsimile No. (361) 826-4681 E-mail: SharonL@cctexas.com TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: TCEQ Project Manager / ❑ TCEQ Disbursements Section / ® Other: Invoice AQD(a?tceq.texas.gov 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 Texas Commission on Page 29 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Attachment A: Release of Claims (Must be returned with last invoice per General Term and Condition Section 4.5) Texas Commission on Page 30 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality (TCEQ) in the sum of $ , which constitutes final payment to [City of Corpus Christi](hereinafter referred to as "Performing Party"), Performing Party and its successors and assigns, release, discharge and relinquish the TCEQ, its officers, agents, and employees from all claims, known or unknown, arising out of or relating to TCEQ Contract Number 582-20-11981 (Contract). It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above-mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this day of , 20 By: (signature) (name) (title) Texas Commission on Page 31 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Attachment B: Personnel Eligibility List (PEL) Texas Commission on Page 32 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 PERSONNEL ELIGIBILITY LIST (PEL) (To be returned with the initial Statement of Work and any subsequent personnel changes) Performing Party: Grant Number: Date: Staff Name or "Vacant" Position or Title & Role in Performing the Grant Activities Date Added to PEL Date Removed from PEL Texas Commission on Page 33 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Attachment C: Quarterly Progress Report (QPR) Texas Commission on Page 34 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Quarterly Progress Report Template Quarterly Progress Report for the Texas Commission on Environmental Quality Date: Rider 7 Area: Grant Number: 582-20-11981 Reporting Period: List of Tasks Completed: Status table (add rows as necessary to cover all tasks): Task Number Deliverable Due Date Total Amount Allocated for Task Remaining Allocation for Task Estimated Cost of Task this Quarter Percent of Task Completed Sections below must be completed for every task and subtask (i.e. Task 1.1, Task 2.1, Task 2.2, etc.). If there was no activity, then please state "None" in the Milestones, and "No activity for this period" and the reason under the Detailed Summary section. Task 1.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Task 2.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Task 3.2: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Texas Commission on Page 35 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Attachment D Financial Status Report (FSR) (To be submitted quarterly) Texas Commission on Page 36 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Texas Commission on Environmental Quality FINANCIAL STATUS REPORT Contract Number: 582-20-11981 1. STATE AGENCY ORGANIZATION UNIT TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: FROM TO 9. PERIOD COVERED BY THIS REPORT: FROM TO 10. BUDGET CATEGORIES: Approved Budget Project Cost This Report Cumulative Project Cost Balance** a.Personnel/Salary b.Fringe Benefits c.Travel d.Supplies e.Equipment f.Contractual g.Construction h.Other i.Total Direct Costs (Sum a - h) j.Indirect Costs k.Total (Sum of i & j) 11. *List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of your contract. **Negative balances in any of the budget categories should be explained in a brief accompanying narrative. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone (Area code, number and ext.) Date Submitted Texas Commission on Environmental Quality Page 37 of 43 TCEQ Form 20248 Revised (11/2005) - Page 1 of 5 TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) Contract Number: 582-20-11981 NUMBER PURCHASED ITEM DESCRIPTION (Should match description provided for approval) UNIT COST TOTAL COST TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248) $ TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST (THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248) $ LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. TCEQ Form 20248 Revised (11/2005)- Page 2 of 5 Texas Commission on Page 38 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION Contract Number: 582-20-11981 PURPOSE TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. TCEQ Form 20248 Revised (11/2005) - Page 3 of 5 Texas Commission on Page 39 of 43 Environmental Quality COST (THIS PERIOD) $ TASKS TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) Contract Number: 582-20-11981 NUMBER PURCHASED ITEM DESCRIPTION (Should match description provided for approval) UNIT COST TOTAL COST TASKS TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $ OTHER EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT COST TOTAL COST TASKS TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248) $ *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. Texas Commission on Environmental Quality Page 40 of 43 TCEQ Form 20248 Revised (11/2005) - Page 4 of 5 TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS Contract Number: 582-20-11981 PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY (THIS PERIOD TASKS TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248) $ TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 20248) $ * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TCEQ Form 20248 Revised (11/2005) - Page 5 of 5 Texas Commission on Environmental Quality Page 41 of 43 TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Attachment E: Budget Revision Request Form (BRR) Texas Commission on Page 42 of 43 Environmental Quality TCEQ Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant Contract Number: 582-20-11981 Purpose: To document recipient organization's proposed BUDGET REVISION REQUEST FORM budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ costs resulting in cumulative transfers of more than io% of the total budget. 9., i., and k. review and approval is required before incurring specific Instructions: Complete 1. - 8. Total the amounts in 1. Recipient Organization (Name & Complete Address Including Zip Code): 2. Grant/ Contract Title: 3. Payee Identification No.: 4. TCEQ Contract No.: 5. Total Project/ Grant Period: 6. Budget Categories: 7. Approved Budget 8. Change Requested (+ or -) 9. New or Revised Budget a. Personnel/Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other i. Total Direct Costs (sum a - h) j. Indirect Costs ( % x $ Salary) k. Total (sum i & j) Justification (Attach additional sheets, if necessary): *** Budget Revision Request must contain all signatures to be approved/valid *** Signature of Recipient's Representative Date Type or Printed Name and Title Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title Texas Commission on Environmental Quality Page 43 of 43 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting 4/21/2020 Second Reading Ordinance (for the City Council Meeting 5/12/2020 DATE: March 13, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3932 Firefighter I Position to Firefighter II Position Conversion CAPTION: Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS for a total cost of $30,888 to provide adequate staffing of an additional medic unit that is being placed into service in District 2 at Fire Station 7 in accordance with the FY2020 budget. SUMMARY: This ordinance amendment authorizes the conversion of 12 Firefighter I positions to Firefighter II for a total cost of $30,888. This is necessary to appropriately staff the additional medic approved by City Council for FY2020. BACKGROUND AND FINDINGS: Due to the high volume of EMS related calls in the City of Corpus Christi, the Fire Department requested the addition of another medic unit. City Council agreed and approved the additional medic unit (Medic 7). In order to put Medic 7 into operation, it is necessary that we staff it accordingly. This will require an increase of Firefighter II — EMS staff. To meet this requirement, the City will need to convert 12 current Firefighter I positions to 12 Firefighter II positions within the current authorized complement effective May 1, 2020. The proposed conversion will result in changes to the number of Firefighter II — EMS positions (+12) and the number of Firefighter l's (-12) but no change in the overall authorized complement of 414. Position Authorized Proposed Authorized Differences Fire Chief 1 1 0 Deputy Fire Chief 1 1 0 Assistant Fire Chief 4 4 0 Battalion Chief 13 13 0 Fire Captain 79 79 0 Firefighter II - Engineer 73 73 0 Firefighter II - EMS 133 145 +12 Firefighter I 110 98 -12 Total 414 414 0 Further, pursuant to Texas Local Government Code §143.021, the Corpus Christi City Council shall prescribe the number of positions in each classification. ALTERNATIVES: The alternative to approving the conversion would be to reject the conversion of the Firefighter I to Firefighter II -EMS positions. This would cause the Department to require Firefighter I's to work as an acting Firefighter II position temporarily to staff Medic 7. However, the acting positions are only temporary. Therefore, the association may then claim that the City is in violation of Texas Local Government Code §143.038 Temporary Duties in Higher Classification. However, the approval of the conversion of the positions fall within the budget of the Fire Department. FINANCIAL IMPACT: The Fire Department will be able to absorb the financial impact of $30,888 with savings from Fire Training (12030) Rentals (530160). Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 General Fund 12010 Fire Stations 093 Respond to Emergency Medical Calls 510100 Salary & Wages RECOMMENDATION: Staff recommends that City Council approve the conversion of Firefighter I to Firefighter II — EMS positions to adequately staff Medic 7. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS positions for a total cost of $30,888 to provide enhanced staffing of an additional medic unit that is being placed into service in District 2 at Fire Station 7 in accordance with the FY2020 budget. WHEREAS, the City Council previously approved placing an additional medic unit in operation for FY 2020. WHEREAS, pursuant to Texas Local Government Code §143.021, the Corpus Christi City Council shall prescribe the number of positions in each classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031870, SECTION 4. Firefighter Positions is amended by converting 12 positions authorized for classification of Firefighter I to Firefighter II – EMS to provide adequate staffing of an additional medic unit being placed into service. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I — 110* 98* Firefighter II - EMS — 133 145 Firefighter II - Engineer— 73 Fire Captain — 80** Battalion Chief— 13 Assistant Fire Chief— 4 Deputy Fire Chief— 1 Fire Chief— 1 FY 19- 20 TOTAL 415** *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. **This rank contains a temporary provisional position, previously authorized in Ordinance No. 031934, which will remain in place until either a vacancy occurs in a Fire Captain position or until the end of Fiscal Year 2019- 2020, after such time the number of authorized Fire Captain positions will drop back down to 79 and the total complement will reduce back down to 414. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca L. Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief Rrocha@cctexas.com (361) 826-3932 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 EZ -IO Needles and Drills Supply Agreement for the Corpus Christi Fire Department — Emergency Medical Services CAPTION: Resolution authorizing a three-year supply agreement with Teleflex, LLC for a total amount not to exceed $193,839.80 for the purchase of battery -powered EZ -IO needles and drills for intraosseous infusion used by the Corpus Christi Fire Department's Emergency Medical Services Paramedics with FY 2020 funding in an amount of $62,935.00 available through the General Fund. SUMMARY: This resolution authorizes a three-year supply agreement with Teleflex, LLC., for EZ -IO needles and drills for the Corpus Christi Fire Department (CCFD) to be used for Emergency Medical Services (EMS). The EZ -IO needles and drills are necessary to obtain intraosseous vascular access for Paramedics to rapidly administer life-saving medications during emergency responses. BACKGROUND AND FINDINGS: The Teleflex Arrow EZ -IO System is the safest, swiftest and most effective solution for EMS Paramedics to establish intraosseous vascular access. EZ -IO needles and drills allow Paramedics to provide rapid means of administering medications in patients whose venous system is compromised due to cardiovascular collapse and in other emergent, urgent, or medically necessary cases. EZ -IO needles and drills are especially vital with pediatric patients who present a challenge to Paramedics in retrieving intravenous access. EZ -IO needles and drills are carried by CCFD ambulances and are critical in maintaining the health and safety of the City's citizens. This is a sole source purchase. Teleflex Inc. is the sole source manufacture and distributor for EZ -IO needles and drills. The Fire Department has been using Teleflex's Arrow EZ -IO System for the past year. This is a new technology that Paramedics are trained to use when traditional IV's are not an option. ALTERNATIVES: An alternative to purchasing these products is to use manual drills, which take a significantly longer time to drill into the patient's bone marrow increasing the chance of death. The Teleflex Arrow EZ -IO needles and drills are essential for public safety. FISCAL IMPACT: The fiscal impact for the Fire Department in FY 2020 is $62,935.00 for the first year of the three-year supply agreement, with the remaining cost of $130,904.80 budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 General Fund 35100 City Ambulance Operations 093 Respond to Emergency Calls N/A 520030 Chemicals/Household supplies RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year supply agreement for the purchase of EZ -IO needles and drills with Teleflex, LLC of Morrisville, North Carolina as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Resolution authorizing a three-year supply agreement with Teleflex, LLC for a total amount not to exceed $193,839.80 for the purchase of battery -powered EZ -IO needles and drills used for intraosseous infusion used by the Corpus Christi Fire Department's Emergency Medical Services Paramedics, with FY 2020 funding in an amount of $62,935.00 available through the General Fund. WHEREAS, the Teleflex EZ -IO needles and drills supplies will be purchased by The Corpus Christi Fire Department; WHEREAS, this item is for Teleflex EZ -IO needles and drills supplies to be used by The Corpus Christi Fire Department's Paramedic personnel on City ambulances to provide rapid administration of life-saving medications; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-year supply agreement with Teleflex LLC, for the purchase of EZ -IO needles and drills supplies, for a total amount not to exceed $193,839.80 Page 1 of 2 PASSED AND APPROVED on the day of , 2020: Joe McComb Rolando Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 City of Corpus Christi Contracts and Procurement Buyer: Lois Hinojosa Price Sheet EZ -IO Needles and Drills Year One UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION QTY. UNIT 1 25mm Blue Needles + Stabilizer 45 EA $665.00 $29,925.00 2 45mm Yellow Needles + Stabilizer 45 EA $665.00 $29,925.00 3 EZ -IO Power Driver 10 EA $308.50 $3,085.00 Year One Total: $62,935.00 Year Two UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION QTY. UNIT 1 25mm Blue Needles + Stabilizer 45 EA $691.60 $31,122.00 2 45mm Yellow Needles + Stabilizer 45 EA $691.60 $31,122.00 3 EZ -IO Power Driver 10 EA $320.84 $3,208.40 Year Two Total: $65,452.40 Year Three UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION QTY. UNIT 1 25mm Blue Needles + Stabilizer 45 EA $691.60 $31,122.00 2 45mm Yellow Needles + Stabilizer 45 EA $691.60 $31,122.00 3 EZ -IO Power Driver 10 EA $320.84 $3,208.40 Year Three Total: $65,452.40 Total $193,839.80 SUPPLY AGREEMENT NO. 78342 EZ -IO Needles and Drills for EMS THIS EZ -IO Needles and Drills for EMS Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Teleflex LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide EZ -IO Needles and Drills for EMS in response to Request for Bid No. Sole Source 78342 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide EZ -IO Needles and Drills for EMS in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period (s) "), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $193,839.80, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Patrick A. Garcia Department: Fire Department Phone: 361-826-8424 Email: PatrickGa@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, Supply Agreement Standard Form Page 2 of 8 and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. Supply Agreement Standard Form Page 3 of 8 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrick A. Garcia Title: Fire Captain Address: 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8424 Email: PatrickGa@cctexas.com IF TO CONTRACTOR: Teleflex LLC Attn: Dave Price Title: Senior Director, Commercial Operations Address: 3015 Carrington Mill Blvd., Morrisville, North Carolina 27560 Phone: 919-544-8000 Email: Dave.Pricel @Teleflex.com 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE NEGLIGENT PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS Supply Agreement Standard Form Page 4 of 8 EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF CONTRACTOR HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING UNDER THEORIES OF CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 7 days' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Supply Agreement Standard Form Page 5 of 8 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Force Majeure. Neither Party shall be responsible nor liable to the other Party for any failure to perform its obligations to Buyer as a result of any strikes, work stoppages or labor unrest, earthquakes, fires, floods, storms or other natural disasters, shortages of materials or supplies or availability of goods or inventory, Supply Agreement Standard Form Page 6 of 8 acts of war, terrorism, crimes, unrest or violence, shipping or other transportation delays or restraints, acts, laws, rules or regulations of any governmental or legal authority, or any other cause or circumstance beyond Contractor's reasonable control. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 7 of 8 CONTRACTOR Signature: Printed Name: Dave Price Title: Sr Director, Commercial Operations Date: 03/25/2020 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. SS 78342 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 8 of 8 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide EZ -IO needles and drill supplies for the Corpus Christi Fire Department (CCFD), EMS Division as outlined in the Scope of Work. Scope of Work A. The Contractor shall provide the below supplies on an as needed basis: Product Code: Description 9001 P -VC -005 25mm Blue Needles + Stabilizer 9079P -VC -005 45mm Yellow Needles + Stabilizer 9058 EZ -IO Power Driver B. The Contractor shall deliver supplies to the CCFD Warehouse located at 1501 Holly Road, Corpus Christi, TX 78417. C. The Contractor shall deliver supplies Monday - Friday, 8:00 am to 5:00 pm. D. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. E. Any product found defective, unusable or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. Contractor must arrange for the return shipment of damaged products. Page 1 of 1 Attachment B - Schedule of Pricing iTelellex; Teleflex LLC 3015 Carriigton Mill BIMd. Morrisville, NC 27580 USA Phone= g1Q-54-4003 www.teleilercwrn City of Corpus Christi E -10e Price List — EMS a n d Fire Dept Valid From 1011/2019 — 9/30/2022 Pricing is inclusive of freight Year 1 Product Code Description Price Per Unit Quantity Total 9O01P-VC-O05 25mm Blue Needles+Stabilizer $665.00 45 $29,925.00 9079P -VC -O05 45mm Yellow Needles + Stabilizer $665.00 45 $20,925.00 9058 EZ -I0 Power Driver $308.50 10 $3r085.00 Year 1 Total $.52,935.00 Year 2 Product Code Description Price Per Unit Quantity Total 9O01P-vC-O05 25mm Blue Needles + Stabilizer $691.50 45 $31,122.001 9079P -VC -005 45mm Yellow Needles + Stabilizer $691.60 45 $31,122.00 9058 EZ -Io Power Driver $320.84 10 $3,208.40 Year 2 Total $65,4.52.40 Year Product Code Description Price Per Unit Quantity Total 9O01P-VC-O05 25mm Blue Needles+Stabilizer $691.60 45 $31,122.00 9O79P-VC-O05 45mm Yellow Needles + Stabilizer $691.60 45 31,122.00 9058 EZ -I0 Power Driver $320.84 10 $3..208.40 Year 3 Total . $.65,452.40 Page 11 Page 1 of 2 heli 3 Year Total Product Code Description 3 Year Total 9001P -VC -005 25mm Blue Needles + Stabilizer $92,169.00 9079P-vc-ao5 45mm Yellow Needles + Stabilizer $92,169.00 9058 EZ -ID Power Driver $9,501.80 Total 3 Year 1 $193,839.80 Pagel2 Page 2 of 2 Attachment C: Insurance and Bond Requirements No insurance or bond is required for this supply agreement; therefore, Section 5 Insurance; Bonds, subsection (A) and (B) are null and void. Attachment D: Warranty Requirements Product Warranty is not required for this supply agreement; therefore, Section 8 Warranty, subsection (B) is null and void. AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director or Aviation FredS@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Plumbing Services and Repairs for CCIA CAPTION: Motion authorizing a three-year service agreement with Juan Sanchez, dba Drain King for a total amount not to exceed $55,290.00 for plumbing services and repairs for the Corpus Christi International Airport (CCIA), effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $9,215.00 available through the Airport Fund. SUMMARY: This motion authorizes a service agreement with Juan Sanchez, dba Drain King for plumbing services. These services are necessary to maintain plumbing systems at the airport. BACKGROUND AND FINDINGS: The plumbing systems at CCIA often require service from outside vendors who can resolve issues that airport personnel are unable to resolve. Occasional repairs or deep waste line unclogging are required for continued use of the airport bathroom facilities. Additionally, there are remote sewage lift -stations that occasionally require repairs and professional maintenance. The Contracts and Procurement Department conducted a competitive Request for Bids (RFB) process to obtain bids for a contract. The City received three responsive, responsible bids. Staff recommends award to the lowest responsive, responsible bidder, Juan Sanchez, dba Drain King. ALTERNATIVES: The alternative to accepting this bid would be to do request for quotes for a plumber when needed; however, with the service agreement in place, a plumber would respond to any plumbing issues as they occur thereby increasing efficiencies. In addition, having a service agreement allows for an economy of scale on the purchase of these needed services. FISCAL IMPACT: The fiscal impact for CCIA in FY 2020 is $9,215.00 for a three-year service agreement for Plumbing services and repairs, with the remaining cost of $46,075.00 funded in future years through the annual budget process. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 4610 Airport 35040 Facilities 271 Maintain Facilities Arpt Prpty n/a 530210 Building Maint & Service Staff recommends approval of this motion authorizing a three-year service agreement with Juan Sanchez, dba Drain King as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement SERVICE AGREEMENT NO. 2625 Plumbing Services for CCIA THIS Plumbing Services for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Juan Sanchez, d b a Drain King ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Services for CCIA in response to Request for Bid/Proposal No. 2625 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Plumbing Services for CCIA ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $55,290.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form - Airport Page 1 of 8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Gabriel Anton Aviation Department 361-289-0171 GabrielA2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form - Airport Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form - Airport Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Anton Facilities Manager 1000 International Dr., Corpus Christi, TX 78406 Phone: 361-289-0171 Fax: 361-826-4404 IF TO CONTRACTOR: Juan Sanchez, dba Drain King Attn: Juan Sanchez Owner 4705 Neptune Street, Corpus Christi, TX 78405 Phone: 361-882-6969 Fax: 361-882-2797 Service Agreement Standard Form - Airport Page 4 of 8 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims Service Agreement Standard Form - Airport Page 5 of 8 or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior Service Agreement Standard Form - Airport Page 6 of 8 negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form - Airport Page 7 of 8 CONTRACTOR Signature: Printed Name: .j f,��� Title: '1 n Date: Li - 7,g)o CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 3 : RFB/RFP No. 123 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Airport Page 8 of 8 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide routine and emergency plumbing repair services to facilities located at Corpus Christi International Airport, 1000 International Drive, Corpus Christi, TX 78406, as well as surrounding City of Corpus Christi properties within aviation grounds. 1.2 Scope of Work A. The Contractor shall provide all labor, materials, parts, tools, and equipment necessary to perform plumbing services on an as needed basis. B. The Contractor employ licensed journeyman plumbers with helpers to provide the services needed. C. The Contractor shall have the proper equipment to inspect video pipe, hydro jet clogged sewer lines, hydrostatic test slab leaks, gas leaks, and vacuum septic systems. D. The Contractor shall be available 24 hours a day, seven days a week. E. The Contractor will be notified via telephone when services are required. The Contractor must respond to Contract Administrator within 30 minutes. F. The Contractor shall be on site within eight hours or within an agreeable time frame determined by the Contract Administrator. The Contractor shall notify the Contractor Administrator or designee upon arrival. G. The Contractor shall complete repairs within 24 hours upon arrival. If repairs will take longer than 24 hours, the Contract Administrator must be notified. H. The Contractor shall clean and sanitize any post work area. 1. The Contractor shall remove any debris caused by the repair or service calls. J. The Contractor will be notified if the repair is deemed an emergency. The Contractor shall be on site within an agreeable time frame determined by the Contract Administrator. Page 1 of 3 K. If the Contractor is required to leave the premises to purchase parts, the Contract Administrator must be notified. L. The Contractor is responsible for making repairs of any material or equipment damaged during the completion of work or as a result of action or inaction by Contractor's staff. M. After completion of repairs, the Contractor shall report back to the Contract Administrator. If any plumbing issued are deemed unrepairable, the Contract Administrator shall be notified. N. The Contractor shall establish and maintain a log of all services, repairs, parts, supplies and materials for each location for the term of the contract. 1.3 Invoicing A. The Contractor shall submit invoices monthly to Accounts Payable, with a copy of invoice sent to Contract Administrator. Invoices shall include: 1. Work Order number 2. Work description 3. Location and date of repairs 4. List of materials replaced 5. Labor hours B. Hourly labor rates shall be actual time worked at the job site. C. The Contractors' mileage, freight, travel time shall be factored in to the labor rate. D. Parts and materials shall be cost plus markup percentage. E. The Contractor shall provide proof of cost with receipts for all invoices that list such charges. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 2 of 3 1.5 Special Instructions A. The Contractor shall barricade or place cones around work area before commencing services. B. The Contractor shall try to minimize interference to the building occupants with their day to day operations. C. The Contractor shall not store worn or defective parts on City premises at the end of work day, unless otherwise approved by the Contract Administrator. D. The Contractor must clean work site from debris or hazards after completion of work. The Contractor must dispose of all worn or defective parts, oils, solvents in accordance with all applicable laws, rules and regulations. Page 3 of 3 w CITY OF CORPUS CHRISTI AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2625 Plumbing Services for CCIA eioCONTRACTS e7 '�C.RPow., 1852 i PAGE 1 OF 2 Date: 1 -112 - 2 D er , Authorized 161, Bidder: 0,(z_,‘„ -,„ •. PI I, A' Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Qty Unit Unit Price Total Price Master Plumber - Reg Hours (M -F1 8:00 am - 5:00 pm) 30 HRS`"Q q��9 /O ' 2 Master Plumber - After Hours (M -F 5:01 pm - 7:59 am, holidays, 15 HRS 6 dd P-11-63 weekends) ,).0 5.'D 3 Journeyman - Reg Hours (M -F 8:00 am -5:00 pm 60 HRS ii 1 ab C, Kyo OD Journeyman - After Hours (M -F 4 5:01 pm - 7:59 am, holidays, weekends) 45 HRS 1 / /2 0 11 (r' 1;, k (_ JT) 5 Plumbers Helper - Reg Hours (M -F 8:00 am - 5:00 pm 30 HRS g (�U 7 � 1 ,4-1.) tJ J Plumbers Helper - After Hours (M -F 6 5:01 pm - 7:59 am, holidays, 30 HRS (J.)weekends) . X ciJ. Item Description Estimated Spend Markup % Spend + Markup $33,000.00 Total Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 1. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 04/26/2019 Risk Management - Legal Dept. No bond is required for this service agreement; therefore, Section 5 Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements Parts purchased for repairs shall be free of defects and warrantied by the manufacturer. Page 1 of 1 ATTACHMENT E: FEDERAL REQUIREMENTS E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). City of Corpus Christi Sr. Buyer: Minerva Alvarado Bid Tabulation RFB 2625 - Plumbing Service for CCIA Juan Sanchez, dba Drain King Cubit Contracting, LLC Shoreline Plumbing Co Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Item Description Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Master Plumber -Reg Hrs (M -F 8:00 am 5:00 pm) 30 HR $98.00 $2,940.00 $187.50 $5,625.00 $1 15.00 $3,450.00 2 Master Plumber After Hrs (M -F 5:01 pm -7:59 am, holidays, weekends) 15 HR $147.00 $2,205.00 $281.25 $4,218.75 $172.50 $2,587.50 3 Journeyman -Reg Hrs (M -F 8:00 am 5:00 pm) 60 HR $98.00 $5,880.00 $45.00 $2,700.00 $102.00 $6,120.00 4 Journeyman -After Hrs (M- F 5:01 pm -7:59 am, holidays, weekends) 45 HR $147.00 $6,615.00 $67.50 $3,037.50 $153.00 $6,885.00 5 I -lumbers Helper -keg Hr (M -F 8:00 am -5:00 pm) 30 HR $40.00 $1,200.00 $38.00 $1,140.00 $48.00 $1,440.00 6 Plumbers Helper -After Hr (M -F 5:01 pm 7:59 am, holidays, weekends) 30 HR $60.00 $1,800.00 $55.00 $1,650.00 $72.00 $2,160.00 Item DescriptionMarkup Estimated Spend Markup % Estimated Spend + Markup % Estimated Spend + Markup Markup % Estimated Spend + Markup 7 Parts/Materials $33,000.00 5.00% $34,650.00 20% $39,600.00 25% $41,250.00 Total $55,290.00 $57,971.25 $63,892.50 AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Amendment to Service Agreement for Cellular Services for Phones, Wireless Devices, and Connectivity Service Agreement CAPTION: Motion authorizing an amendment to a Service Agreement for Cellular Services for Phones, Wireless Devices and Connectivity with T -Mobile USA, Inc. for an amount not to exceed $91,536.00, increasing the service agreement value to $2,292,000.00 for cellular services, with FY 2020 funding in an amount of $38,140.00 available through various funds. SUMMARY: This motion authorizes an amendment to the current service agreement with T -Mobile USA, Inc. for cellular services for phones, wireless devices and connectivity for the additional term and the cost of $91,536.00 for the increase in the anticipated number of lines, sync devices, and new equipment ordered during year two of the agreement. BACKGROUND AND FINDINGS: The City of Corpus Christi entered into a three-year agreement with T -Mobile USA, Inc. in February 2017. After the initial three-year term, the City had an option to renew for one additional year, and this option was exercised in February 2020. However, additional cell phones and mobile data have been added to the contract which increased the annual cost of the contract by $91,536 over the amount previously authorized by City Council. The annual amount of the contract was $550,116.00 but is being increased to $641,652.00 — an increase of $91.536.00. At the end of this renewal period, the City will re-evaluate its mobile data solutions. In Fiscal Year 2020-2021, staff will also be reviewing the City's overall cell phone and mobile data strategy while revisiting the City's cell phone policy. ALTERNATIVES: There is no alternative to amending this service agreement. The City is utilizing the first and final extension to the contract. FINANCIAL IMPACT: The fiscal impact for the various departments in FY 2020 is an amount not to exceed $38,140.00, with the remaining cost of $53,396.00 to be budgeted in future years. Funding Detail: Various accounting sources available upon request. RECOMMENDATION: Staff recommends approval of this motion authorizing an Amendment as presented. LIST OF SUPPORTING DOCUMENTS: Extension Authorization Document DocuSign Envelope ID: 06E2C9AC-4632-4FCB-A0F5-3676BFA50D65 GQ Extension City of Corpus Christi Contracts and Procurement Department Date: February 11, 2020 Agreement No.: Cellular Services for Phones, Wireless Devices, and Connectivity Reference: DIR-TSO-3416 Extension No. 1 Agreement Current Estimated Value: $1,650,348 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and T -Mobile USA, Inc., hereinafter referred to as the Contractor, do hereby acknowledge extension of the Cellular Services for Phones, Wireless Devices, and Connectivity Agreement (the "Agreement"). This document acknowledges the first and final one-year extension period per City Council approval of Agenda Item No. 16 - 1307 as follows: 1. Original Agreement Term: 02/20/2017 - 02/19/2020 2. This Extended Term: 02/20/2020 - 02/19/2021 Increases the value of the Agreement by an estimated $641,652 which includes $550,116 for the additional term and $91,536 due to an increase in the anticipated number of lines, sync devices, and new equipment ordered during year 2 of the Agreement. The total estimated value of the Agreement across all terms to date is $2,292,000. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement and will acknowledge future renewals in this same manner to the extent that such acknowledgement is needed for documentation purposes. DocuSigned by: jamAGS 6141t1 3/6/2020 JamesE it y 9° Date Senior Vice President Do7Signed by: T -Mobile USA, Inc. Legal Approved by: Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas T- ooiie US#,zinc. Legal Dept. AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director of Parks and Recreation JermelS@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement Kim B2(a�cctexas.com (361) 826-3169 Mowing and Grounds Maintenance for Parks Groups 9 and 10 CAPTION: Resolution authorizing two, 24 -month service agreements with one additional twelve- month option period for mowing and grounds maintenance with each of the following Contractors: Dorame General Repair & Lawn, LLC, in an amount not to exceed $52,000.00 for Group 9 and Manning Lawn Care and Landscaping, LLC, in an amount not to exceed $40,832.00 for Group 10, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $15,500.00 available through the General Fund. SUMMARY: This resolution authorizes two, 24 -month service agreements each with one additional twelve-month period for the mowing and grounds maintenance of City parks Groups 9 and 10. If the option periods are exercised the total contract amount for Dorame General Repair & Lawn will be an amount not to exceed $82,000.00 for group 9 and the total contract amount for Manning Lawn Care and Landscaping, LLC will be $61,248.00. These services are necessary to maintain City Parks to ensure that the grounds are safe, secure and presentable at all times. BACKGROUND AND FINDINGS: The mowing and grounds maintenance for parks assist in ensuring that the grounds of each site are safe, secure and presentable at all times. The group areas are currently under short term contracts and are set to expire in June. Therefore, long term contracts are necessary to service these areas bi-weekly. The department currently does not have the appropriate staffing level or equipment to maintain these sites. GROUP 9 MAINTENANCE AREA LOCATION/ADDRESS Acres G9.2 Hialco 1114 Sam Ranking Drive 2.25 G9.6 Country Club 6400 Brisbane 6.49 G9.7 Congress 4017 Capital 1.96 G9.9 Forest Park 4306 Calallen 3.10 G9.11 Northwest Bowl 14602 Spaulding 2.72 Total 16.52 GROUP 10 MAINTENANCE AREA LOCATION/ADDRESS ACRES G10.1 Bear Creek 6733 Bison 9.00 G10.2 Capt. Falcon 4712 Oso Pkwy. 1.73 G10.3 Cimarron 8109 Rock Crest Dr. 3.00 G10.4 Crossgate 5307 Cross Valley 4.83 Total 18.56 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received seven responsive, responsible bids and is recommending the award to Dorame Repair & Lawn LLC for Group 9 and Manning Lawn Care and Landscaping, LLC for Group 10 as the lowest responsive, responsible bidders. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Parks and Recreation, the estimated cost for the Parks and Recreation Department to execute the same or similar work with in-house crews would be an estimated startup cost of $468,546.90 and an estimated $249,866.88 for yearly salaries and benefits. Currently the department does not have the appropriate staffing level or equipment to maintain the areas. FISCAL IMPACT: The total amount of both contracts if all option years are exercised is an amount not to exceed $143,248.00. This fiscal impact for the Parks and Recreation Department in FY 2020 is an estimated amount of $15,500.00 for both 24 -month service agreements, with the remaining cost of $77,332.00 budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing two, 24 -month service agreements with an option for one additional twelve-month period to Dorame General Repair & Lawn, LLC for Parks Group 9 and Manning Lawn Care Landscaping, LLC for Parks Group 10 as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreements Resolution authorizing two, 24 -month service agreements with one additional twelve-month option period for mowing and grounds maintenance with each of the following Contractors: Dorame General Repair & Lawn, LLC, in an amount not to exceed $52,000.00 for Group 9 and Manning Lawn Care and Landscaping, LLC, in an amount not to exceed $40,832.00 for Group 10, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $15,500.00 available through the General Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and grounds maintenance for Parks Groups 9 and 10 in response to Bid No.2887 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.2887 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Parks Group 9 is Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, for an amount not to exceed $52,000.00 and potential amount not to exceed $82,000.00 if the option is exercised; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Parks Group 10 is Manning Lawn Care and Landscaping, LLC of Corpus Christi, Texas, for an amount not to exceed $40,832.00 and potential amount not to exceed $61,248.00 if the option is exercised; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this Page 1 of 3 resolution. Section 2. The City Council finds that Dorame General Repair & Lawn, LLC, is the lowest responsive, responsible bidder for Parks Group 9 and is awarded a contract for an amount not to exceed $52,000.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that Manning Lawn Care and Landscaping, LLC is the lowest responsive, responsible bidder for Parks Group 10 and is awarded a contract for an amount not to exceed $40,832.00,as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 5. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No.2887. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. Page 2 of 3 PASSED AND APPROVED on the day of , 2020: Joe McComb Rolando Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 3 of 3 City of Corpus Christi Contracts and Procurement Buyer: Sandra Rodriguez Bid Tabulation RFB No. 2887 Mowing and Grounds Maintenance for Parks 9, 10 *Year 3 is an option term. Dorame General Repair & Lawn ,LLC Corpus Christi, Texas Charlton Holdings, LLC dba Lawn in Order Corpus Christi, Texas Tony's Lawn Service Rockport, Texas Cuhife Landscaping P 9 San Antonio, Texas APS Lawn Care Corpus Christi, Texas Ti le G Lawn Services, LLC p Corpus Christi, Texas Circle K Lawn Care Services, LLC Cuero, Texas Manning Lawn Care and Landscaping, LLC Corpus Christi, Texas Item Description QTY Unif Unif Price Price Total Unif Price Total Price T Unit Price Total Price Unit Price Total Price Unif Price Total Price Unif Price Total Price Unit Price Total Price Unif Price Total Price Group 9 1 Parks Maintenance Group 9 Year 1 20 Cycles $ 1,300.00 $ 26,000.00 $ 1,410.00 $ 28,200.00 $ 1,486.00 $ 29,720.00 $ 1,569.40 $ 31,388.00 $ 1.631.35 $ 32,627.00 $ 2,000.00 $ 40,000.00 $ 2,336.26 $ 46,725.20 $ 5,080.00 $ 101,600.00 Parks Maintenance Group 9 Year 2 20 Cycles $ 1,300.00 $ 26,000.00 $ 1,400.00 $ 28,000.00 $ 1,486.00 $ 29,720.00 $ 1,616.00 $ 32,320.00 $ 1,631.35 $ 32,627.00 $ 2,100.00 $ 42,000.00 $ 2,453.07 $ 49,061.40 $ 5,080.00 $ 101,600.00 *Parks Maintenance Group 9 Year 3 20 Cycles $ 1,500.00 $ 30,000.00 $ 1,390.00 $ 27,800.00 $ 1,486.00 $ 29,720.00 $ 1,664.48 $ 33,289.60 $ 1,631.35 $ 32,627.00 $ 2,200.00 $ 44,000.00 $ 2,575.72 $ 51,514.40 $ 5,080.00 $ 101,600.00 GRAND TOTAL $ 82,000.00 $ 84,000.00 $ 89,160.00 $ 96,997.60 $ 97,881.00 $ 126,000.00 $ 147,301.00 $ 304,800.00 *Year 3 is an option term. ManningLawn Care and Landscaping, LLC Corpus Christi, Texas Cuhife Landscaping San Antonio, Texas Dorame General Repair & Lawn ,LLC Corpus Christi Texas Charlton Holdings, LLC dba Lawn in Order Corpus Christi, Texas Tony' s Lawn Service Rockport, Texas APS Lawn Care Services Corpus Christi, Texas p Circle K Lawn Care Services, LLC Cuero, Texas Tiple G Lawn Services, LLC Corpus Christi, Texas Item Description QTY Unit Unit Price Price Total Unit Price Total Price Unit Price Tota? Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Group 10 2 Parks Maintenance Group 10 Year 1 20 Cycles $ 1,020.80 $ 20,416.00 $ 1,392.00 $ 27,840.00 $ 1,500.00 $ 30,000.00 $ 1,575.00 $ 31,500.00 $ 1,670.00 $ 33,400.00 $ 1,851.36 $ 37,027.20 $ 4,625.90 $ 92,518.00 No Bid No Bid Parks Maintenance Group 10 Year2 20 Cycles $ 1,020.80 $ 20,416.00 $ 1,433.73 $ 28,674.60 $ 1,500.00 $ 30,000.00 $ 1,570.00 $ 31,400.00 $ 1,670.00 $ 33,400.00 $ 1,851.36 $ 37,027.20 $ 4,857.19 $ 97,143.80 No Bid No Bid *Parks Maintenance Group 10 Year3 20 Cycles $ 1,020.80 $ 20,416.00 $ 1,476.77 $ 29,535.40 $ 1,500.00 $ 30,000.00 $ 1,565.00 $ 31,300.00 $ 1,670.00 $ 33,400.00 $ 1,853.36 $ 37,067.20 $ 5,100.05 $ 102,001.00 No Bid No Bid GRAND TOTAL $ 61,248.00 $ 86,050.00 $ 90,000.00 $ 94,200.00 $ 100,200.00 $ 111,121.60 $ 291,662.80 $ - *Year 3 is an option term. SERVICE AGREEMENT NO. 2979 Mowing and Grounds Maintenance for Parks Group 9 THIS Mowing and Grounds Maintenance for Parks Group 9 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and Dorame General Repair and Lawn, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Parks Group 9 in response to Request for Bid/Proposal No. 2887 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to one additional 12 -month periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $52,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Roberta Rodriguez Department: Park and Recreation Phone: 361-826-3166 email: RobertaO©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Roberta Rodriguez Title: Contracts/Funds Administrator Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3166 IF TO CONTRACTOR: Dorame General Repair and Lawn, LLC Attn: Ramon Dorame Title: President Address: 4213 Hamlin Dr., Corpus Christi, Texas 78411 Phone: 361-533-6728 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: ,aName: fati7 /3 DOtte Title: /_,±7t..a-_?eliC Date: y- z D CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2887 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1 - Group 9. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Revised 11.08.19 Page 1 of 13 B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description • City Cycle 1 - 1St - 15th / City Cycle 2 - 16th - End of Month. • Growing Season (March - October) *Bi -weekly - 16 cycles *The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. • Non -growing Season (November - February) **Monthly - 4 cycles **The Contractor shall schedule mowing cycles 25 to 35 days apart mowing not more than one cycle per month. 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Revised 11.08.19 Page 2 of 13 C. Edging 1. A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. D. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season of City Cycle 2 in the month of March. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. A. Weed Control 1. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 2. Beds and Groundcovers: Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. 3. Herbicides: Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aqua Neat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; Revised 11.08.19 Page 3 of 13 spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 4. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. B. Mulch 1. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. The Contractor shall mulch at a depth of four inches. 3. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. 4. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover bed each spring in March. 5. Mulch requirements do not include playground areas. C. Pruning existing shrubs, Qroundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. D. Application of Pesticides 1. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used if applications are used for their intended purposes only. Revised 11.08.19 Page 4 of 13 2. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 3. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites 4. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract 5. Pesticide treatment of trees is not required under this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, Revised 11.08.19 Page 5 of 13 the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 7. Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all Revised 11.08.19 Page 6 of 13 applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 8. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 9. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the scheduled requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. Revised 11.08.19 Page 7 of 13 B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the forth inspection will deem the property un - serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken Revised 11.08.19 Page 8 of 13 signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Revised 11.08.19 Page 9 of 13 Exhibit 1 - Parks Group 9 Locations GROUP 9 MAINTENANCE AREA LOCATION/ADDRESS Acres G9.2 Hialco 1 1 14 Sam Ranking Drive 2.25 G9.6 Country Club 6400 Brisbane 6.49 G9.7 Congress 4017 Capital 1.96 G9.9 Forest Park 4306 Calallen 3.10 G9.11 Northwest Bowl 14602 Spaulding 2.72 Total 16.52 Revised 11.08.19 Page 10 of 13 Exhibit 1 A — Parks Group 9 Maps G9.2 Hialco st M. apti : e� 4r St pole- �+lall,� — k LaNe St Cependable.Tax Services Corporation Lake St G9.6 Country Club Country CI Sea 4,-40, u.t` -. 1! tr 'r ~ F a 3 r Ir a 10 con,yesanorpus•Ehristi rogation zw kiional or /II .0 nthia A i d ■ Revised 11.08.19 Page 11 of 13 G9.7 Congress G9.9 Forest Park . , m agee Ele e fa - o Revised 11.08.19 Page 12 of 13 aine Creek Dr ",Triangle C Ente pri II est Park 114 r} mitt' few- y f 4 0091 -�. 9 Gw4e lmaoe���0�9 MaRar TecM1ntthpiez, Texas Ctneral lend Olt:,tl Get looioak Surve;•, r.,J talltt U___.•i:e:ec T,nlis ,rtl feedback 1•A It Date: 02/17/2020 ATTACHMENT B: BID AND PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2887 Mowing and Grounds Maintenance for Parks and Right of Way Groups 9, 10, 15 Authorized Bidder: Dorame General Repair & Lawn LLC Signature: PAGE 1 OF 2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. tiI 1. Parks Maintenance Group 9 Year 1 Parks Maintenance Group 9 Year 2 Parks Maintenance Group 9 Year 3 20 Cycle $1,300.00 $1,300.00 20 Cycle 20 Cycle $1,500.00 * Year 3 is an option term. $26,000.00 $26,000.00 $30,000.00 $82,000.00 ( R1C't TOTAL {\...0.3 Ma ,i it ,ancc Crou o 1 20 Cycle $1,500 00 30,000.00 Parks PAaintcnanco Crou 1 Year 7n Cyr -1p. $1,500 00 30,000.00 Park MaintonQnce r'rcup 1Q Year .s 7n r'yrIP Parks Maintenance Crcvp 15 Yea! 1 2U Lycle $600 00 $12,000.00 — Rai is IMlainten nce Group 1 a PulL ILII Il G ivUN 1 T ear .s 5 7n C'yrIP_ ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non-newal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part 11 of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required therefore, Service Agreement 2979, Section 5 Insurance Bonds subsection 5(B), is hereby void. 2018 Insurance Requirements Parks & Recreation Mowing and Complete Grounds Maintenance 12/19/2018 sw Risk Management Valid Through 12/31/2019 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 2979, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page lof 1 SERVICE AGREEMENT NO. 2980 Mowing and Grounds Maintenance for Parks Group 10 THIS Mowing and Grounds Maintenance for Parks Group 10 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and Manning Lawn Care and Landscaping, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Parks Group 10 in response to Request for Bid/Proposal No. 2887 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to one additional 12 -month periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $40,832.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Roberta Rodriguez Department: Park and Recreation Phone: 361-826-3166 email: RobertaO©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Roberta Rodriguez Title: Contracts/Funds Administrator Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3166 IF TO CONTRACTOR: Manning Lawn Care and Landscaping, LLC Attn: Troy Manning Title: Owner Address: 7002 Saluki St., Bldg 4, Unit 101, Corpus Christi, Texas 78414 Phone: 361-947-3136 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: �7 /M-7 Printed Name: Troy D. Manning Title: Owner Date: 02/27/2020 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 2887 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 2 - Group 10. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Revised 11.08.19 Page 1 of 12 B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description • City Cycle 1 - 1St - 15th / City Cycle 2 - 16th - End of Month. • Growing Season (March - October) *Bi -weekly - 16 cycles *The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. • Non -growing Season (November - February) **Monthly - 4 cycles **The Contractor shall schedule mowing cycles 25 to 35 days apart mowing not more than one cycle per month. 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Revised 11.08.19 Page 2 of 12 C. Edging 1. A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. D. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season of City Cycle 2 in the month of March. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. A. Weed Control 1. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 2. Beds and Groundcovers: Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. 3. Herbicides: Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aqua Neat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; Revised 11.08.19 Page 3 of 12 spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 4. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. B. Mulch 1. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. The Contractor shall mulch at a depth of four inches. 3. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. 4. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover bed each spring in March. 5. Mulch requirements do not include playground areas. C. Pruning existing shrubs, Qroundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. D. Application of Pesticides 1. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used if applications are used for their intended purposes only. Revised 11.08.19 Page 4 of 12 2. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 3. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites 4. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract 5. Pesticide treatment of trees is not required under this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, Revised 11.08.19 Page 5 of 12 the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 7. Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all Revised 11.08.19 Page 6 of 12 applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 8. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 9. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the scheduled requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. Revised 11.08.19 Page 7 of 12 B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the forth inspection will deem the property un - serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken Revised 11.08.19 Page 8 of 12 signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Revised 11.08.19 Page 9 of 12 Exhibit 2 - Parks Group 10 Locations GROUP 10 MAINTENANCE AREA LOCATION/ADDRESS ACRES G10.1 Bear Creek 6733 Bison 9.00 G10.2 Capt. Falcon 4712 Oso Pkwy. 1.73 G10.3 Cimarron 8109 Rock Crest Dr. 3.00 G10.4 Crossgate 5307 Cross Valley 4.83 Total 18.56 Revised 11.08.19 Page 10 of 12 Exhibit 2A - Parks Group 10 Maps G10.1 Bear Creek Grrnarrpnpin • -- ^ " ^?'— Eimarr n Blvd .►-«• �+a �•. ? i.'}. i `,-ikeEiaij;.sA I F4._Ywdi o:ril 1(�i 1A• '.'1-.^1'44*I' ;:e.1.a�: as1F 1p�Y.s • ir; moi• rteee, e,n, `� ,� 4 'u alllall rya. weal • y_ r19,1 a.s.i:1 1-' T rsisr:n Di • 1.r., rm • .cir J %AA ..,.i..n _L' j-..wlt. J, 6.1. i.ti . •-L.-`410. 11140iUltii, I* •1 • . rr-n; Qrnairon FZorx4.i.,..• %od Bison DOA. C41C Rchar • s«,.aor ;3 Goa.le ri 1-:•e Stator's 1 T� ,�fy7 It La¢ y Beach Brexiny *-nu. or ,s... rs Revised 11.08.19 Page 11 of 12 ATTACHMENT B: BID AND PRICING SCHEDULE .3V13 " Ckiks, 1 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT 'AVBID FORM RFB No. 2887 Mowing and Grounds Maintenance for Parks and Right of Way Groups 9, 10, 15 Date: 02/14/2020 PAGE 1 OF 2 Authorized Bidder: MLC Landscaping Signature: ,/---- 1. 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. I fiM DESCRI , -ti OP ._. .....-. Y .20 UNIT s ...Cycle UNIT'RICCilCET "..,$5,080... T yV\LAlI Q 1 .13 k� 1Il�il El,.11 14�r �(lJ li� 7 `"� $101,600 Ycar 1 I'eir -riivdruil (lclr1cc. Ci ©l.p % in ryrip `15.ORO (pm 1 tinfl YCUE 2 Park; Maintonanco Crou �� r li�ip n n $161,000 Y�car 3 i"� r � r _ ., 2. Parks Maintenance Group 10 20 Year 1 Cycle $1,020.80 $20,416 Parks Maintenance Group 10 Year 2 20 Cycle $1,020.80 $20,416 Parks Maintenance Group 10 Year 3 y —� - y - --,_..;-r_.--_,- rte""- y ..,---,f..,, --.,.,-=-��' --,-,,„- 9 .-sem... `.r. - "”' - r 20 Cycle $1,020.80 $20,416 $61,248.00 Parks Maintenanca Crou Yea 1 lE 20 Cvcle $710.6 $14_719_no prrrLrc C;rnt it 1 c Year 2 2U cycle $710.6 $14,212.00 Parks Maintonan^o Grou 15 20 Cycle $71u.6 $1 4,2 i 2.uv `: z 1 z-- , ,`s—.--- i- -tea"-,,?'.--'sc- -^--, -` * Year 3 is an option term. $A"11, nn $108,681.0 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non-newal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part 11 of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required therefore, Service Agreement 2980, Section 5 Insurance Bonds subsection 5(B), is hereby void. 2018 Insurance Requirements Parks & Recreation Mowing and Complete Grounds Maintenance 12/19/2018 sw Risk Management Valid Through 12/31/2019 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 2980, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page lof 1 AGENDA MEMORANDUM Action Item for the City Council Meeting May 12, 2020 DATE: May 12, 2020 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director of Parks and Recreation JermelS@cctexas.com (361) 826-3042 Richard Martinez, Director of Public Works/Street Operations RichardM5(c�cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Mowing and Grounds Maintenance for Parks Group 6, 7 and 8 and Storm Water Groups 7 and 8 CAPTION: Resolution authorizing five, 24 -month service agreements, with one additional twelve- month option period for mowing and grounds maintenance of Parks and Recreation Parks Groups 6, 7 and 8 and Storm Water Groups 7 and 8 with each of the following vendors respectively: Manning Lawn Care and Landscaping, LLC for Parks Group 6 in an amount not to exceed $98,890.00; Dorame General Repair & Lawn, LLC for Parks Group 7 in an amount not to exceed $96,000.00 and for Parks Group 8 in an amount not to exceed $44,000.00; Tony's Lawn Service for Storm Water Group 7 in an amount not to exceed $47,960.00 and for Storm Water Group 8 in an amount not to exceed $196,720.00, effective upon issuance of notice to proceed, with funding in an amount of $39,815.00 available through the FY 2020 General Fund and $40,780.00 available through the FY 2020 Storm Water Fund. SUMMARY: This resolution authorizes five, 24 -month service agreements each with one additional twelve-month period for the mowing and grounds maintenance for City parks and parkways Groups 6, 7 and 8 and Storm Water Groups 7 and 8. If the option periods are exercised, the total contract amount for each contractor follows: Manning Lawn Care and Landscaping, LLC will be an amount not to exceed $148,335 for Parks Group 6; Dorame General Repair & Lawn, LLC will be an amount not to exceed $210,000 for Parks Groups 7 and 8; and Tony's Lawn Service will be $367,020 for Stormwater Groups 7 and 8. These services are necessary to maintain City parks, parkways, rights-of-way, triangles and medians to ensure that the grounds are safe, secure and presentable at all times and necessary to the highly visible, high traffic storm water areas. BACKGROUND AND FINDINGS: The mowing and grounds maintenance for City parks, street right of ways and storm water assist in ensuring that the grounds of each site are safe, secure and presentable at all times. The groups consist of City parks, parkways, rights-of-way, triangles and medians. The current contracts have been managed through the Parks and Recreation Department. As of March 1, 2020, due to the recent department transition, areas will be divided between Parks and Recreation and Public Works' Storm Water for these new contracts. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received eight responsive, responsible bids, of which one bidder withdrew their bid for Park Group 8. Staff is recommending awards to the following Contractors: Manning Lawn Care and Landscaping, LLC for Parks Group 6, Dorame Repair & Lawn Care for Parks Group 7 and Parks Group 8 and Juan Antonio Galnarez dba Tony's Lawn Service for Storm Water Groups 7 and Storm Water Group 8 as the lowest responsive, responsible bidders. Parks Group 6 Acres 1 Brookhill Park 13121 Shelton Blvd. 1.89 2 Hudson Park 8025 Erne 3.25 4 Labonte Park 6667 US Hwy 77 31.80 5 McNorton Park 1600 Marshall 0.57 6 Patterson Park 10213 N. Harrington 3.07 7 San Carlos Park 12650 Figueroa St. 2.00 9 Glen Royal 3646 Victory 0.81 10 Woodland Park 4204 Wandering Creek 1.56 Total 44.95 Parks Group 7 Acres 2 Brawner Parkway Ramsey St. to Ocean Dr. 36.30 3 Dalhia Terrace North 1523 Clodah 0.40 4 Dalhia Terrace South 1522 Eunice 0.37 5 De Pineda Plaza Agnes St and 21st St. 0.40 Total 37.47 Parks Group 8 Acres 4 Ennis Joslin Lots 1,2,3,4,5 & 6 Ennis Joslin & Alameda Medians & Corner 0.65 5 Ennis Joslin Right of Way SPID to Ocean Dr. (3) on South Side and including walls &tree wells 3.18 7 Carmel Parkway Santa Fe to Staples 6.81 Total 10.64 Storm Water Group 7 Acres 1 Agnes Right of Way NPID to 2878 Agnes, West Side of Agnes along RR Tracks 13.25 2 Sign Shop 5425 Leopard St. .89 3 Liberty Circle Right of Way Liberty Dr. and Dover St. 0.14 4 Longview Triangle Right of Way W. Longview & E. Longview 0.15 5 Woodlawn Triangle Right of Way Leopard & Up River Rd. 0.16 6 Academy Sports ROW 4910 Williams Drive 0.05 7 O'Day ROW .25 Miles NW of Weber on O'Day 0.05 8 Heizer Tri 10622 Veda Dr. 0.30 Total 14.99 Storm Water Group 8 Acres 1 Country Club Triangle Edgewater and Country Club 0.32 2 Edgewater Triangle Edgewater and Idylwood 0.35 3 Idylwood Triangle Idylwood and Ebonwood 0.35 4 Shea Flynn Parkway Tiger Ln. to Everhart/Everhart to Saratoga 28.97 5 Oso Parkway Right of Way Oso Parkway, Yorktown to Staples 2.33 6 Spohn & Esplanade Dr. Staples St. to Parkway Dr. 0.54 7 Park Road 22 NPI JFK Cswy to end of Medians 11.85 Total 44.71 ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Parks and Recreation, the estimated cost for the Parks and Recreation Department, and now including Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,546.90 and an estimated $249,866.88 for yearly salaries and benefits. Currently the departments do not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: The total amount for the Parks Contracts if the option years are exercised is a not to exceed amount of $358,335. The total amount for the Stormwater contracts if the option years are exercised is a not to exceed amount of $367,020. The fiscal impact for the Parks and Recreation Department in FY 2020 is an estimated amount of $39,815.00 and the fiscal impact for Public Works in FY 2020 is an estimated amount of $40,780.00 for the 24 -month service agreements. The remaining estimated $199,075.00 and $203,900.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance Cost: $39,815.00 Fund: 4300 Storm Water Organization/Activity: 32001 Storm Water Park and Recreation Mission Element: 043 Storm Water Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance Cost: $40,780.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing five, 24 -month service agreements with one additional twelve month period to Manning Lawn Care and Landscaping, LLC, for Parks Group 6, Dorame General Repair & Lawn, LLC for Parks Group 7 and Parks Group 8 and Juan Antonio Galnarez dba Tony's Lawn Service for Storm Water Group 7 and Storm Water Group 8 as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreements