City of Lubbock, Texas

City of Lubbock, TexasRegular City Council MeetingThursday, February 14, 2013

Glen C. Robertson, MayorKaren Gibson, Mayor Pro Tem, District 5Victor Hernandez, Councilman, District 1Floyd Price, Councilman, District 2Todd R. Klein, Councilman, District 3Jim Gerlt, Councilman, District 4Latrelle Joy, Councilwoman, District 6

Lee Ann Dumbauld, City ManagerSam Medina, City Attorney

Rebecca Garza, City Secretary

http://www.mylubbock.us

City Council Chambers, 1625 13th Street, Lubbock, Texas

City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact theCity Secretary's Office at 775-2025 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.

Note: On occasion the City Council may consider agenda items out of order.

3:00 p.m. -- City Council convenes in open session, and recesses into executive session to consider items 1.-6.

6:15 p.m. -- City Council reconvenes in open session to consider items 2.-7.2.

1. Executive Session

1. 1. Hold an executive session in accordance with Vernon's Texas Codes Annotated (V.T.C.A.) GovernmentCode, Section 551.071, to discuss pending or contemplated litigation or settlement agreement, and holda consultation with attorney.

1. 1. 1. Cause No. 2012-503,349 in the 364th Judicial District Court of Lubbock County, Texas, vsShiva Hotels, LLC, d/b/a Best Western Palms Inn and Suites; Cause No. 2012-503,350 in the237th Judicial District Court of Lubbock County, Texas vs Astro Enterprises, LLC, d/b/aBaymont Inn and Suites; Cause No. 2012-503,351 in the 140th Judicial District Court ofLubbock County, Texas vs Lubbock Investments, LLC, d/b/a Radisson Hotel and Suites, VillaTown, formerly known as Econolodge.

1. 1. 2. City Council's authority concerning City of Lubbock appointees and employees.

1. 1. 3. Appeal Case No. 07-12-0438-CV of Cause No. 2012-501,169, Republic Power Partners, L.P.v. WTMPA and the City of Lubbock.

1. 1. 4. Consider regulatory options available to the City of Lubbock in connection with the availability,sale, use, and criminalization of synthetic psychoactive designer drugs, including syntheticmarijuana.

1. 2. Concerning the bylaws and the articles of incorporation of Lubbock Economic DevelopmentAlliance and Market Lubbock Development Corporation and the proposed amendments thereto.

1. 3. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a), todiscuss personnel matters regarding the duties, responsibilities, and/or appointments to the ElectricUtility Board.

1. 4. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074 (a)(1), todiscuss personnel matters and take appropriate action.

1. 4. 1. City Attorney

1. 4. 2. City Manager

1. 4. 3. City Secretary

1. 4. 4. City Council's authority concerning City of Lubbock appointees and employees.

2. Proclamations and Presentations

2. 1. Invocation by Pastor Edward Rivera, Emmanuel Worship Center.

2. 2. Pledges of Allegiance.

2. 3. Lubbock Business Park Tax Increment Financing Reinvestment Zone Board of Directors:Sonny Garza

Lubbock Economic Development Alliance Board of Directors:Lance Nail

Market Lubbock, Inc. Board of Directors:Lance Nail

3. Citizen Comments - Any citizen wishing to appear before any regular meeting of the City Councilshall advise the City Manager’s office of that fact no later than seven calendar days before themeeting at which the citizen wishes to appear. Any citizen wishing to so appear shall inform theCity Manager’s office, in writing, of the subject of the appearance. The subject matter shall besufficiently detailed as to inform the City Council and the public of its nature. Such notice shallcontain the name and address of the requestor. The appearance of any citizen giving such notice tothe City Manager’s office shall take precedence in addressing the City Council during the CitizenComments period. Any citizen failing to advise the City Manager’s office of his/her wish to appearbefore the City Council as hereinabove set forth shall, time permitting, be permitted to addressthe City Council after those having given notice. In accordance with the Texas Open Meetings Act,the City Council may not take action on public matters during Citizen Comments.

3. 1. Gina Johnson will appear before the City Council to discuss synthetic marijunana.

4. Minutes

4. 1. November 20, 2012 Special City Council Meeting (Electric Utility Board)January 10, 2013 Regular City Council MeetingJanuary 15, 2013 Special City Council Meeting (State of the City)January 17, 2013 Special City Council Meeting (Executive Session - Personnel)January 18, 2013 Special City Council Meeting (Executive Session - Personnel)January 22, 2013 Special City Council Meeting (Executive Session - Personnel)

5. Consent Agenda - Items considered to be routine and enacted by one motion without separate

5. Consent Agenda - Items considered to be routine and enacted by one motion without separatediscussion. If the City Council desires to discuss an item, the item is removed from the ConsentAgenda and considered separately.

5. 1. Resolution - City Council: Consider a resolution petitioning the Legislature of the State of Texas torevise the Lubbock Reese Redevelopment Authority enabling statute.

5. 2. Budget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance 2013-O0009Amendment 14, respecting the Grant Fund, to accept and appropriate additional funding from theTexas Department of Transportation (TxDOT) for the FY 12 Section 5310 Grant and transfermatching funds from the Transit Fund to the Grant Fund; accept and appropriate funding from theTexas Department of Housing and Community Affairs (TDHCA) for the Comprehensive EnergyAssistance Program (CEAP) Grant; accept and appropriate funding from TDHCA for the CommunityServices Block Grant (CSBG); accept and appropriate funding from the Texas Department of StateHealth Services (DSHS) for the Public Health Preparedness (PHP) Discretionary Program Grant; and,respecting the Capital Program, to amend Capital Improvement Project (CIP) 92221, NorthwestWater Reclamation Plant; amend CIP 91039, Sewer Lines Ahead of Street Paving; and accept andappropriate funding from the National Recreation and Parks Society and Darden Restaurants for theGreat American Trails Program and amend CIP 92288, Hoel Park Walking Track.

5. 2. 1. Contract Resolution - Citibus: Consider a resolution authorizing the Mayor to execute AmendmentNo. 1 - TX-16-X007-01 to Contract 51205F7170 a Section 5310 Grant, with the Texas Department ofTransportation (TxDOT).

5. 2. 2. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11185 and all related documents with Texas Department of Housing andCommunity Affairs (TDHCA) for the Comprehensive Energy Assistance Program (CEAP) to fundutility assistance programs to low-income families and individuals.

5. 2. 3. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11186 and all related documents with Texas Department of Housing andCommunity Affairs (TDHCA) for the Community Services Block Grant (CSBG) to provideassistance to reduce poverty, revitalize low-income communities, and empower low-income familiesand individuals to become self-sufficient.

5. 3. Budget Ordinance Amendment 1st Reading - Finance: Consider Budget Amendment 15,respecting the Grant Fund, to accept and appropriate additional funding from the Dallas PoliceDepartment for the Internet Crimes Against Children (ICAC) Task Force Grant; accept andappropriate funding from the Federal Transit Administration (FTA) for the FY 12 Section 5309 Stateof Good Repair Grant; reduction in the FY 2012-13 Master Lease program; General Fund increase inutilization of net assets; Solid Waste Fund increase in utilization of net assets; Wastewater Fundincrease in utilization of net assets; Water Fund increase in utilization of net assets; Cemetery Fundincrease in utilization of net assets; Fleet Fund increase in utilization of net assets; Civic Center Fundincrease in Utilization of net assets; providing for filing; and providing for a savings clause.

5. 4. Contract Resolution - Public Works Engineering: Consider a resolution authorizing the Mayor toexecute Contract 11078 with Allen Butler Construction, Inc., for the construction of MilwaukeeAvenue from 94th Street to 114th Street, BID 13-11078-CI.

5. 5. Contract Resolution - Public Works Engineering: Consider a resolution authorizing the Mayor to

5. 5. Contract Resolution - Public Works Engineering: Consider a resolution authorizing the Mayor toexecute Contract 11171, an Agreement for Professional Services, with Kimley Horn and Associates,Inc., for Construction Phase Services on the Milwaukee Avenue paving project from 94th Street to114th Street.

5. 6. Contract Resolution - Storm Water Management: Consider a resolution authorizing the Mayor toexecute Contract 11133 with Wunderlich-Malec Systems, Inc., of Carrollton, Texas, for the StormWater Vault Improvements - Supervisory Control and Data Acquisition (SCADA) Project, BID13-11133-TL.

5. 7. Contract Resolution - Public Works Water Treatment: Consider a resolution authorizing theMayor to execute Contract 11067 with H20 Solutions, LLC, for water reservoir inspection andcleaning services, BID 13-11067-RH.

5. 8. Contract Resolution – Public Works Streets: Consider a resolution authorizing the Mayor toexecute Contract 11139 for the 2013 Street Micro-Surfacing Project, BID I3-11139-DG.

5. 9. Sale of Property Resolution - Right-of-Way: Consider a resolution authorizing the Mayor toexecute a contract of sale between the City and Market Lubbock EconomicDevelopment Corporation, for the sale of 10.281 acres out of Section 3, Block O, Lubbock County,Texas, 400 Block of East 14th Street.

5. 10. Resolution - Parks and Recreation: Consider a resolution authorizing the Mayor to execute a TexasParks and Wildlife Department Certificate of Land Dedication For Park Use regarding LubbockSouthwest Regional Park, TPWD Project Number 20-00099.

5. 11. Contract Resolution - Vector Control: Consider a resolution authorizing the Mayor to execute aninterlocal agreement with Lubbock County for vector control services for areas outside the City limitsand within Lubbock County.

5. 12. Ordinance 2nd Reading - Animal Services: Consider Ordinance 2013-O0008 amending Chapter 4of the Code of Ordinances of the City of Lubbock, Texas, with regard to repealing outdated andunnecessary provisions, amending provisions to encompass current practices, and conforming theordinance to the standards and conventions of the rest of the Code of Ordinances; providing a penaltyclause; providing a savings clause, and providing for publication.

5. 13. Resolution - Community Development: Consider a resolution authorizing the City Manager or herdesignee to manually sign contracts and amendments once City Council has approved on the TexasDepartment of Housing and Community Affairs (TDHCA) electronic contract system.

5. 14. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11188 a Community Development Funding contract and all related documents, withthe South Plains Association of Governments (SPAG) to fund 2-1-1 Information and ReferralProgram to conduct information and referral services for Lubbock County residents, and to produceand update the information and referral guide.

5. 15. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11190 a Community Development Funding contract and all related documents, withLIFE Run Centers to provide utility assistance to qualified low-income persons and families throughthe Comprehensive Energy Assistance Program (CEAP) and the Community Services Block Grant(CSBG).

5. 16. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11189 a Community Development Funding contract, and all related documents, withLutheran Social Services of the South (LSSS) to provide utility assistance to qualified low-incomepersons and families through the Comprehensive Energy Assistance Program (CEAP) and theCommunity Services Block Grant (CSBG).

5. 17. Contract Resolution - Technology: Consider a resolution authorizing the Mayor to executeAmendment 1 to Contract 10956, dated December 17, 2012, with EnerGov Solutions, LLC.

5. 18. Contract Resolution - Fleet Services: Consider a resolution authorizing the Mayor to executepurchase order contract 31013428 with Roberts Truck Center for Refuse Collection Cab and Chassis,BID 13-11103-RH.

5. 19. Ordinance 1st Reading – Right-of-Way: An ordinance abandoning and closing a 40-foot widetemporary drainage easement located in Section 43, Block AK, Lubbock County, Texas, 2610Milwaukee Avenue.

5. 20. Contract Resolution - Fire Department: Consider a resolution authorizing the Mayor to executepurchase order contract 10007652 with DACO Fire Equipment for purchase of a Rosenbauer 1250GPM Pumper and a Rosenbauer HP78 Aerial Quint.

5. 21. Ordinance 2nd Reading - Environmental Health: Consider Ordinance 2013-O0015 amendingChapter 8, "Businesses and Amusements," Article 8.10, "Tattoo and Body Piercing Establishments,"of the Code of Ordinances of the City of Lubbock, Texas, with regard to tattoo studios and bodypiercing studios by permitting tattooing and/or body piercing at temporary locations under certainconditions and providing for immediate closure of studios or temporary locations in cases of certaindiseases; providing a penalty; providing a savings clause; and providing for publication.

5. 22. Ordinance 2nd Reading - Planning: - Zone Case 3198. Ordinance 2013-O0010. Consider a requestof Brumley Properties (for Hwy 179, Ltd.) for a zoning change from R-1 to C-4 for retail sales ofcommercial tires on 1.455 acres of unplatted land out of Block D6, Section 2 (8602 19th Street).

5. 23. Ordinance 2nd Reading - Planning: Zone Case 3199. Ordinance 2013-O0011. Consider a requestof Hugo Reed and Associates, Inc. (for Steve Pitts) for a zoning change from T to C-3 on 18.4 acresof unplatted land out of Block E-2, Section 22 (southeast corner of 114th Street and Quaker Avenue).

5. 24. Ordinance 2nd Reading - Planning: Zone Case 2508-G. Ordinance 2013-O0012. Consider arequest of AMD Engineering, LLC (for Norton Baker) for a zoning change from A-1, C-3, and R-2 toA-1, C-2, and C-3 for apartment and commercial tracts on 23.93 acres of unplatted land out of BlockE-2, Section 19 (northeast corner of 114th Street and Indiana Avenue).

5. 25. Ordinance 2nd Reading - Planning: Zone Case 2508-H. Ordinance 2013-O0013. Consider arequest of AMD Engineering, LLC (for Norton Baker and Lubbock Land Company, LLC) for azoning change from R-1, R-1 Specific Use, R-2 and A-1 to IHI with conditions for office warehouseand storage unit facilities on 25.33 acres of unplatted land out of Block E-2, Section 19 (114th Streetbetween Indiana Avenue and University Avenue).

5. 26. Ordinance 2nd Reading - Planning: Zone Case 2278-B. Ordinance 2013-O0014. Consider arequest of M.L. Smith, RA (for W.W. Butler, Junior Senior Inc.) for a zoning change from C-2 to C-2Specific Use for a vet clinic on a portion of Lot 1, Butler 98th and Slide Addition (5214 98th Street).

6. Regular Agenda

6. 1. Public Hearing 6:30 p.m. - Planning: Consider an appeal of Zone Case 2508-I, an appeal of a denialby the Planning Commission of AMD Engineering, LLC (for Lubbock Land Company, LLC) for azoning change from R-1 Specific Use to R-2 Specific Use for duplexes with reduced setbacks oncorner and cul-de-sac lots on 12.33 acres of unplatted land out of Block E-2, Section 19 (GaryAvenue and 112th Street) and consider an ordinance.

6. 2. Resolution - Planning: Consider a resolution approving and granting a variance from the applicable300-foot minimum distance provisions of City of Lubbock Ordinance 2009-O0060 at the location of3314 4th Street #200 for Ravi's Liquor, a business requesting an off-premise alcoholic beveragepermit.

6. 3. Ordinance 2nd Reading - City Council: Consider Ordinance 2013-O0007 amending Chapter 14 ofthe Code of Odinances of the City of Lubbock, Texas, with regard to adding section 14.01.009relating to illicit synthetic drugs, to prohibit the sale, public display for sale, attempted sale, gift,barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs; providing forexceptions; providing a penalty clause; providing a savings clause; and providing for publication.

6. 4. Contract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11187 a Community Development Funding contract and all related documents, withCatholic Charities Diocese of Lubbock to provide assistance to families to transition them out ofpoverty through the Community Service Block Grant (CSBG) for the Parent Empowerment Program.

6. 5. Board Appointments - City Secretary: Declare three appointments by the Mayor to the HousingAuthority Board of Directors: Toby Cecil, Brenda Hawkins, and John Richardson.

6. 6. Board Appointments - City Secretary: Consider one appointment to the Electric Utility Board.

7. Work Session/Business Agenda - Items for presentations and discussions on such issues that mayrequire more in-depth consideration of the City Council than Regular Agenda items. Action maybe taken on a Work Session/Business Agenda item posting if the item indicates to the public theaction to be taken.

7. 1. Presentation and update regarding North and East Lubbock Community Development Corporationregarding accomplishments, current status, and future needs.

7. 2. Presentation from Scott Snider, Assistant City Manager and Larry Payton of Celebrity Attractions,regarding the City Bank Auditorium/Coliseum.

BOARD APPOINTMENTS FORREGULAR CITY COUNCIL MEETING, FEBRAURY 14, 2013 - EXECUTIVEOfficer Term Attend Membership Recommendedof City Board Name & No. Member Name Expires % Requirements Action Eligible?

* 1 ELECTRIC UTILITY BOARD DAVIS, MIKE 11.01.13 N/A RESIGNED/REPLACE N/A

*Officer of City Status board members as an individual or business shall not contract with the City of Lubbock and serve as a board member.

DateRefer

Key Last Name First Name GenderM/F

EthnicA,H,AA,O

Quad AgeRange

Occupation Business

City of LubbockBoard and Commision Recruiting Database

2/5/2013Updated:

Sorted: No Preference

Key: CS - Currently serving on board(s) X - Prior service on board(s) PCI - Possible Conflict of Interest T - Temporary

ReferencesName

Council District

1210 Ashe John M A 60+ Realtor Action Realtors 5

0601 Austin Nicole F A S 18-29 Computer Sp Self-employed 4

0601 Chesnutt Gary M A S 50-59 Cotton Broker Chesnutt Cotto 5

0501 Grant Mack M A S 40-49 Project Admin TX Dept of Cri 4

1206 Guerra Julian M H S 60+ New York Life New York Life 4

0509 Guerrero Mary Lynn F H C 18-29 PSO Officer PD - City of Lu 6

0803 Hamer Darla F A 40-49 Banker Peoples Bank 6

0405 Hancock Jennifer F A S 18-29 Homemaker/P 6

0906 Henson Matthew M A 30-39 Self Employe Matt Henson In 5

0610 Hobgood John M A 30-39 Social Worker LIFE/RUN Cen 5

0502 Hodges Tom M A C 40-49 Bank Manage Wells Fargo B 4

1002 Jackson Winnie M A 60+ Retired Minist 4

1012 Lynn Samuel M A 40-49 Human Resou Caprock Home 5

0501 Nichols Kathleen F A S 30-39 Dentist Kathleen Nicho 5

0612 Podrebartz Keith M A 30-39 Counselor Texas Tech Un 1

0707 Ramsey Chad M A Self-employed Ramsey Auto 3

0407 Riojas Michael M H C 40-49 Sr Acct Mana GE Lighting 3

0804 Stephens Sherry F A 30-39 Administrative High Plains W 5

0409 Terry Dianna F A S 50-59 Grant Develop Covenant Foun 4

0404 Williams Peggy F A S 50-59 Banker American Bank 5

0803 Wilson Margaret F A C 60+ Retired - Tech Retired 5

Tuesday, February 05, 2013 Page 1 of 1

ELECTRIC UTILITY BOARD

Lubbock All Lubbock Adult City This Population Population Boards Board

ETHNICITY Anglo 55.0% 61.0% 77.8% 89.0% (8) Hispanic 32.6% 27.6% 8.9% 11.0% (1) African-American 8.7% 7.4% 9.5% 0.0% (0) Other 15.6% 4.0% 3.8% 0.0% (0)

GENDER Male 48.5% 47.0% 73.2% 89.0% (9) Female 51.5% 53.0% 26.8% 11.0% (1) GEOGRAPHIC DISTRIBUTION District 1 16.1% 14.9% 11.8% 11.1% (1) District 2 16.4% 12.7% 3.2% 0.0% (0) District 3 16.3% 16.1% 14.6% 11.1% (1) District 4 17.0% 17.0% 21.3% 11.1% (1) District 5 16.7% 19.4% 28.7% 33.3% (3) District 6 17.2% 19.9% 16.6% 33.3% (3) Other/Unknown 0.0% 0.0% 3.8% 0.0% (0) PURPOSE: Governmental body over LP&L for all electric utility related matters of the City’s municipally owned electric utility. The City Council retains authority over rates, budget, issuing debt and eminent domain. APPOINTMENT INFORMATION: Member Name & Demographic Facts Attend Eligible Action Davis, Mike (M,A,5) 90% Y Resigned/Replace APPOINTMENTS ADVISORY BOARD RECOMMEDATIONS: Positions were not considered by the Board. ELECTRIC UTILITY BOARD RECOMMENDATIONS: See attached EUB Resolution

DateRefer

Key Last Name First Name GenderM/F

EthnicA,H,AA,O

Quad AgeRange

Occupation Business

City of LubbockBoard and Commision Recruiting Database

2/5/2013Updated:

Sorted: By Preference

Key: CS - Presently serving on board(s) X - Prior service on board(s) PCI - Possible Conflict of Interest T - Temporary

Electric Utility Board-Charter

Council District

First Preference:

Second Preference:

Third Preference:

Fourth Preference:

Fifth Preference:

Sixth Preference:

Coke Christopher1206 M A C 40-49 Sr. Vice President American State Bank 3

Conwright James1212 M AA 18-29 Loan Officer Vista Bank 6

Griffith Richard1006 M A 60+ Self Employed SOS Waste Disposal 3

Rothwell Gary1010 M A 50-59 Real Estate Investments Gary Rothwell, Inc. 5

Russell Carl1109 M A 50-59 Real Estate Developer Carl M Russell Land & 4

Jordan Carolyn1011 F A 60+ Pastor Christ United Methodist 5

Hudgens Dickie1007 M A 60+ Retired CPA 3

Peel Michael0212 M A 40-49 Sales Benchmark

Wiggins Gary1011 M A 60+ Retired 3

Franklin Johnny0908 M A 50-59 Retired 5

Burch Douglas1011 M A 40-49 Owner Venture Communication 5

Grimstead Tricia1211 F A 30-39 Apartment Owner AG Rentals, LTD. 5

Wells Ben0703 M A 18-29 Banker City Bank 5

Tuesday, February 05, 2013 Page 1 of 1

Committee #Home BusinessConfidential

Perm./Temp. Board:Electric Utility Board-Charter P

ReapptElig.

105

820 Buddy Holly Ave. #6

Lubbock

E-mail

Curr: Y-11/1/2012 11/1/2014

EmilioAbeyta Y

Y

5704 79th Street

Lubbock TX

(806) 794-7162

79424 79401

(806) 765-5161 (806) 765-9644Fax:

[email protected]

2nd:1st:

-11/4/2010 - 11/1/2012TX

Abeyta Law Office

Mr.

CEL

1001 Main Street, Ste 802

Lubbock

E-mail

Curr: Y-12/6/2012 11/1/2014

SuzanneBlake 3315 21st Street

Lubbock TX

(806) 792-7317

79401 79401

(806) 744-5511 (806) 744-5510Fax:

[email protected]

2nd:1st:

--TX

Blake Cooper Financial

Ms.

(806) 790-0122 CEL

P.O. Box 3430Lubbock

E-mail

Curr: Y-11/1/2012 11/1/2014

GeorgeCarpenter Y

Y

4802 6th StreetLubbock TX

(806) 799-3514

79416 79452

(806) 747-4218 (806) 763-4328Fax:

[email protected]

2nd:1st:

-11/4/2010 - 11/1/2012TX

Armstrong Mech. Co.

Mr.

CEL

714 2nd Place

Lubbock

E-mail

Curr: N-11/1/2011 11/1/2013

MikeDavis Y

Y

8914 York Pl

Lubbock TX 79424 79401

(806) 712-1400 (806) 762-2523Fax:

[email protected]

2nd:1st:

11/5/2009 - 11/1/2011

11/1/2007 - 11/1/2009TX

Sysco West Texas

Mr.

(806) 441-3659 CEL

905 Avenue K

Lubbock

E-mail

Curr: Y-11/1/2012 11/1/2014

ClaytonIsom N

Y

3003 23rd Street

Lubbock TX

(806) 441-1320

79410 79401

(806) 722-0660 Fax:

[email protected]

2nd:1st:

-5/30/2012 - 11/1/2012TX

Tao Development

Mr.

Y

Y

CEL

Gail Kring

Emilio Abeyta

Robert Musselman

Gary Zheng

2 Years

Mayor or Mayor's Appointee

Created by Charter Amendment-Nov 2004.

Ord 2004-O0152 states no more than 3 two-year terms. Terms served for one year or less do not apply to 3 two-year term limit.

Chair/Pres:

Vice Chair/V.P.:Sec./Treasurer:

Staff Liaison:

Term:Ex-Officio Mbr.:

*** CONFIDENTIAL INFORMATION NOT TO BE RELEASED!! ** 1/16/2013Last Update:

Committee #Home BusinessConfidential

Perm./Temp. Board:Electric Utility Board-Charter P

ReapptElig.

105

2901 Avenue A

Lubbock

E-mail

Curr: Y-11/1/2011 11/1/2013

RodneyKring N

N

9506 Winston Avenue

Lubbock TX

(806) 798-7386

79424 79408

(806) 747-3434 (806) 744-3221Fax:

[email protected]

2nd:1st:

-11/5/2009 - 11/1/2011TX

PYCO Industries

Mr.

CEL

E-mail

Curr: Y-11/1/2011 11/1/2013

CarrollMcDonald Y

Y

2816 North Meadow Driv

Lubbock TX

(806) 762-5011

79403

Fax:

2nd:1st:

--Mr.

[email protected]

Y

Y

CEL

5001 West Loop 289Lubbock

E-mail

Curr: Y-11/1/2011 11/1/2013

MarcMcDougal Y

Y

4104 109th StreetLubbock TX 79424 79414

(806) 793-0703 Fax:

2nd:1st:

--TX

McDougal Companies

Mr.

Y

N

CEL

E-mail

Curr: Y-11/1/2011 11/1/2013

RobertMusselman N

N

4616 7th Street

Lubbock TX

(806) 792-8605

79416

(806) 762-3472 (806) 762-3969Fax:

2nd:1st:

--Mr.

[email protected]

Y

N

CEL

Gail Kring

Emilio Abeyta

Robert Musselman

Gary Zheng

2 Years

Mayor or Mayor's Appointee

Created by Charter Amendment-Nov 2004.

Ord 2004-O0152 states no more than 3 two-year terms. Terms served for one year or less do not apply to 3 two-year term limit.

Chair/Pres:

Vice Chair/V.P.:Sec./Treasurer:

Staff Liaison:

Term:Ex-Officio Mbr.:

*** CONFIDENTIAL INFORMATION NOT TO BE RELEASED!! ** 1/16/2013Last Update:

CITY OF LUBBOCKSPECIAL CITY COUNCIL MEETING

November 20, 20122:00 P. M.

The City Council of the City of Lubbock, Texas met in special session on the 20th of November, 2012, in the2nd Floor Conference Room, 1301 Broadway, Lubbock, Texas at 2:00 p.m.

2:05 P.M. CITY COUNCIL CONVENED2nd Floor Conference Room, 1301 Broadway, Lubbock, Texas

Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Jim Gerlt; CouncilMember Victor Hernandez; Council Member Latrelle Joy; Council Member Todd R. Klein; CityManager Lee Ann Dumbauld; City Secretary Rebecca Garza; City Attorney Sam Medina

Absent: Council Member Floyd Price

This was a meeting of the Electric Utility Board. A quorum of Council Members attended and participated indiscussions during the meeting which the Board considered and discussed the topics as shown below.

Note: City Council addressed agenda items in the following order:

1.1; 2.1-2.7; and Executive SessionItem 2.8 was deleted.

1. MINUTES

1. 1. Approval of the minutes of the October 23, 2012 Electric Utility Board Meeting.

Motion by Carroll McDonald, seconded by Gail Kring to approve the minutes of the October 23, 2012Electric Utility Board Meeting minutes.

Vote: 8 - 0 Motion carried

2. REGULAR AGENDA

2. 1. Discuss update from the Finance Committee regarding financial policies, financial reporting and businesspractices of Lubbock Power & Light.

Mike Davis, EUB Board Chair, gave comments and answered questions from the Board. There was noformal report from the Finance Committee.

2. 2. Discuss and the Board will take action on a budget amendment recommendations for Lubbock Power &

2. 2. Discuss and the Board will take action on a budget amendment recommendations for Lubbock Power &Light’s adopted FY 2012-2013 budget relating to Capital Improvement Project Account 92203 - HighLine Truck Covered Parking and Capital Improvement Project Account 92283 - Massengale CoolingTower Replacement.

James Gilmore, LP&L Production Superintendent; Dale Stephens, Director of Transmission andDistribution for LP&L; and Damian Pantoya, Financial Director, Electric Utilities; and Lee AnnDumbauld, City Manager, gave comments and answered questions from the Board.

Motion by George Carpenter, seconded by Marc McDougal to approve both budget amendments and paywith cash out of the reserves.


2. 3. Discuss and the Board will take action on a professional services agreement with J. Stowe & Co. for anelectric rate study and developing related financial and electric cost of service and rate design models.

Pam Moon, Director of Finance, gave comments and answered questions from the Board.

Motion by Marc McDougal, seconded by Clayton Isom, to accept the professional services agreementwith J. Stowe & Co.


2. 4. Discuss and deliberate customer service and business center procedures, policies, billing procedures,staffing and performance.

Discussion was held to direct Chris Sims to run a campaign encouraging customers to give $1 to ProjectHelping Hands.

2. 5. Discuss and deliberate electric transmission and distribution system performance, operations, staffinglevels and related policies, projects and work management including information related to systemreliability and continuity of service (to the extent not security-sensitive).

Dale Stephens, Director of Transmission and Distribution for LP&L, gave comments and answeredquestions from the Board.

2. 6. Discuss and the Board will take action and award RFP# 7106-13-ELD to Talon/LPE for LP&LDistribution Holly Plant 69kV Substation Upgrade.

Dale Stephens, Director of Transmission and Distribution for LP&L; and Gary Zheng, Chief ExecutiveOfficer for LP&L, gave comments and answered questions from Council.

Motion by Emilio Abeyta, seconded by Gail Kring to award the bid as presented.


2. 7. Discuss and the Board will take action and award the purchase of Altec Digger Truck to Altec Industriesbased on the Texas Multiple Award Schedule, TXMAS Contract 11-23V050.

Dale Stephens, Director of Transmission and Distribution for LP&L, gave comments and answeredquestions from the Board.

Motion by Clayton Isom, seconded by George Carpenter to award the purchase as presented.


2. 8. Discuss and the Board will take action on recommendations for appointments to the West TexasMunicipal Power Agency pursuant to Section 2.03.415(e) of the Code of Ordinances of the City ofLubbock, Chapter 2, Division 12.

* This item was deleted.

3. EXECUTIVE SESSION

The meeting was called into a closed public session at 3:20 p.m. under the provisions of Section 551,Texas Government Code. The meeting reconvened into a public session at 3:55 p.m.

3. 1. Hold an executive session in accordance with V.T.C.A. Government Code §551.086 on the followingcompetitive matters of Lubbock Power & Light:

3. 1. 1. Discuss generation unit specific fixed and variable costs, including forecasts of those costs, capitalimprovement plans for generation units, and generation unit operating characteristics and outagescheduling and related agreements including the following:

a. Discuss and the Board will take action and award RFP# 7102-13-ELP for LP&L ProductionHydrogen Cylinders-Annual Pricing.

b. Discuss and the Board will take action and award a contract for additional work for the coolingtower at Massengale Station through the BuyBoard Cooperative Purchasing Program, BuyBoardContract 341-10.

c. Discuss and the Board will take action and award a contract for crane rental services forMassengale Station Cooling Towers.

3. 1. 2. Discuss and the Board will take action on agreements, non-disclosure agreements, proposals andstrategies related to plans, studies, proposals and analyses for system improvements, generation additions,or sales (other than transmission and distribution system improvements inside the service area for whichLP&L is the sole certificated retail provider).

3. 1. 3. Discuss and the Board will take action on bidding and pricing information for purchased power,generation and fuel; purchased power agreements; risk management information and related services andstrategies.

3. 2. Hold an executive session in accordance with V.T.C.A. Government Code, §551.074 (a)(1) to deliberatethe appointment, employment, evaluation, reassignment, duties of a public officer or employee (ChiefExecutive Officer/Director of Electric Utilities, General Counsel, Electric Utility Board, West TexasMunicipal Power Agency).

3. 3. Hold an executive session in accordance with V.T.C.A. Government Code, §551.071 (1)(A) seeking theadvice of its legal counsel about pending or contemplated litigation or settlement agreements and hold aconsultation with the attorney (Cause No. 2012-501,169, Republic Power Partners, L.P. v. WTMPA andthe City of Lubbock; regulatory matters).

3:55 P.M. CITY COUNCIL ADJOURNED

* This item was not addressed by EUB with a quorum of City Council Members present.


There being no further business to come before Council, the meeting was adjourned.

____________________________________GLEN C. ROBERTSON, MAYOR

ATTEST:

___________________________________Rebecca Garza, City Secretary

CITY OF LUBBOCKREGULAR CITY COUNCIL MEETING

January 10, 20133:00 P. M.

The City Council of the City of Lubbock, Texas met in regular session on the 10th of January, 2013, in CityCouncil Chambers, City Hall, 1625 13th Street, Lubbock, Texas at 3:00 p. m.

3:00 P.M. CITY COUNCIL CONVENEDCity Council Chambers, 1625 13th Street, Lubbock, Texas

Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Victor Hernandez;Council Member Latrelle Joy; Council Member Todd R. Klein; Council Member Floyd Price; CityManager Lee Ann Dumbauld; City Secretary Rebecca Garza; City Attorney Sam Medina

Absent: Council Member Jim Gerlt

Note: City Council addressed agenda items in the following order:

Executive Session; 2.1-2.3; Citizen Comments (3.1); Sign-ups (3.2); 4.1; 5.1; 5.3-5.4; 5.6; 5.8;5.10-5.11; 5.14-5.22; 5.29-5.30; 5.2; 5.5; 5.7; 5.9; 5.12-5.13; 5.23-5.28; 6.1; 6.5 (reconsideredfollowing item 6.9); 6.2-6.4; 6.6; 6.7 (addressed again following item 6.8); 6.8-6.9; and 7.1


The meeting was called into a closed public session at 3:00 p.m. under the provisions of Section551, Texas Government Code. The meeting was called back into public session at 6:15 p.m.

1. 1. Hold an executive session in accordance with Vernon's Texas Codes Annotated (V.T.C.A.)Government Code, Section 551.071, to discuss pending or contemplated litigation or settlementagreement, and hold a consultation with attorney.

1. 1. 1. Cause No. 03-11-00459-CV, In the Third Judicial District Court of Appeals, Austin, Texas.

1. 1. 2. Cause No. 05-11-00935-CV, In the Fifth Judicial District Court of Appeals, Dallas, Texas.

1. 1. 3. Health Benefits: In the matter of the arbitration between the City of Lubbock and HealthSmartHoldings, Inc., et al, Case No. 71-193-Y-00084-08.

1. 1. 4. Consider regulatory options available to the City of Lubbock in connection with the availability, sale,use and criminalization of synthetic psychoactive designer drugs, including synthetic marijuana.





1. 3. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.086, on thefollowing competitive matters (Electric Utilities):

1. 3. 1. to discuss, vote, and take final action on customer billing and electric power pricing

1. 3. 2. to discuss and deliberate plans, studies, proposals, and analyses for system improvements andrisk management information and related strategies

1. 3. 3. to discuss and deliberate bidding and pricing information for purchased power, generation andfuel, purchased power agreements, and related services and strategies

1. 4. Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a), todiscuss personnel matters regarding duties, responsibilities, and/or appointments to the LubbockBusiness Park TIF Reinvestment Zone Board of Directors.

6:15 P.M. CITY COUNCIL RECONVENED Council Chamers

2. Proclamations and Presentations

2. 1. Invocation by Dr. Baron Eliason, Westminster Presbyterian Church.

Dr. Baron Eliason, Westminster Presbyterian Church, led the invocation.

2. 2. Pledges of Allegiance.

Pledges of Allegiance were given by those in Council Chambers to the United States flag and theTexas flag.

2. 3. Electric Utility Board:Suzanne Blake (presented by Council Member Latrelle Joy)

Lubbock Economic Development Alliance:Tim Collins (presented by Mayor Pro Tem Karen Gibson)

Market Lubbock Inc.:Tim Collins (presented by Mayor Pro Tem Karen Gibson)

Urban Renewal & Neighborhood Redevelopment Commission:Marcus Borhani

3. Citizen Comments - Any citizen wishing to appear before any regular meeting of the CityCouncil shall advise the City Manager’s office of that fact no later than seven calendar daysbefore the meeting at which the citizen wishes to appear. Any citizen wishing to so appear shallinform the City Manager’s office, in writing, of the subject of the appearance. The subjectmatter shall be sufficiently detailed as to inform the City Council and the public of its nature.Such notice shall contain the name and address of the requestor. The appearance of any citizengiving such notice to the City Manager’s office shall take precedence in addressing the CityCouncil during the Citizen Comments period. Any citizen failing to advise the City Manager’soffice of his/her wish to appear before the City Council as hereinabove set forth shall, timepermitting, be permitted to address the City Council after those having given notice. Inaccordance with the Texas Open Meetings Act, the City Council may not take action on public

accordance with the Texas Open Meetings Act, the City Council may not take action on publicmatters during Citizen Comments.

3. 1. Gina Johnson will appear before the City Council to discuss synthetic marijuana.

Gina Johnson appeared before the Council to discuss a ban on synthetic marijuana in Lubbock.

3. 2. Sign-ups:

Lala Chavez appeared before Council to speak in support of item 6.5 (Zone Case 2904-F).Debbie Bartholomew appeared before Council to discuss issues regarding her deceasedmother.Leann Lamb-Vines appeared before Council to speak in opposition of fracking and syntheticmarijuana.Louise Sanders and Karen Porter appeared before Council to speak in opposition of fracking.

4. Minutes

4. 1. November 29, 2012 Regular City Council Meeting

Motion by Council Member Todd R. Klein, seconded by Council Member Latrelle Joy to approve

the November 29, 2012 Regular City Council Meeting minutes. Vote: 6 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

5. Consent Agenda - Items considered to be routine and enacted by one motion without separatediscussion. If the City Council desires to discuss an item, the item is removed from the ConsentAgenda and considered separately.

Motion by Council Member Floyd Price, seconded by Council Member Todd R. Klein to approve

items 5.1; 5.3-5.4; 5.6; 5.8; 5.10-5.11; 5.14-5.22; and 5.29-5.30. Vote: 6 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

5. 1. Contract Resolution - Finance: Resolution No. 2013-R0001 authorizing the Mayor to executecontract 11033 with Star Landscape for landscape maintenance in the North Point PublicImprovement District, Bid 13-11033-TL.

5. 2. Budget Ordinance Amendment 2nd Reading - Finance: Ordinance No. 2012-O0143,Amendment13, amending the FY 2012-13 Budget respecting the Capital Program in the Lubbock Power andLight (LP&L) Enterprise Fund per recommendation by the Electric Utility Board on November 20,2012, by amending Capital Improvement Project 92203, High Line Truck Covered Parking, andamending Capital Improvement Project 92283, Massengale (MGL) 6 and 7 Cooling TowerReplacement.

Lee Ann Dumbauld, City Manager; Matthew Wade, General Counsel for LP&L; and Gary Zheng,Chief Executive Officer for LP&L, gave comments and answered questions for Council.

Motion by Council Member Todd R. Klein, seconded by Council Member Floyd Price to approve

Ordinance No. 2012-O0143. Vote: 6 - 0 Motion carried

Other: Council Member Jim Gerlt (ABSENT)

5. 3. Budget Ordinance Amendment 2nd Reading – Finance : Ordinance 2012-O0141, Amendment 12,amending the Adopted FY 2012-13 Budget respecting the Grant Fund to accept and appropriateadditional funding from the Federal Transit Administration (FTA) for the Federal Job AccessReverse Commute (JARC) 5316 Grant and the Federal New Freedom Mobility Management 5317Grant.

5. 3. 1. Resolution - CitiBus : Resolution No. 2013-R0002 authorizing the City of Lubbock’s Director ofFiscal Policy to execute amendment 02 of the FY 2012 Federal Transit Administration Job Accessand Reverse Commute Program Grant (Citibus).

5. 3. 2. Resolution - CitiBus : Resolution No. 2013-R0003 authorizing the City of Lubbock’s Director ofFiscal Policy to execute Amendment 02 of the FY 2012 New Freedom Mobility Management Grant(Citibus).

5. 4. Ordinance 2nd Reading - Business Development: Ordinance No. 2012-O0142 designating areinvestment zone within the City of Lubbock as authorized by Chapter 312, Tax Code; describingthe boundaries of said zone; describing the eligibility of said zone for commercial-industrial taxabatement; providing a saving clause and providing for publication.

5. 5. Resolution – Public Works Engineering: Resolution No. 2013-R00019 allowing islands in publicstreets in the Elm Park Addition on Oakridge Avenue and 30th Street.

Marsha Reed, Chief Operating Officer, gave comments and answered questions from Council.

Motion by Mayor Pro Tem Karen Gibson, seconded by Council Member Floyd Price to approve

Resolution No. 2013-R0019. Vote: 6 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

5. 6. Contract Resolution – Public Works Engineering: Resolution No. 2013-R0004 authorizing theMayor to execute contract 10578 with Parkhill Smith and Cooper, Inc., for a Professional ServicesAgreement for permitting and design of a Bio-Solids Management Facility for the WastewaterTreatment Plant, RFQ 12-10578-CI.

5. 7. Contract Resolution – Public Works Engineering: Resolution No. 2013-R0020 authorizing theMayor to execute Amendment No. 1 to professional services contract 10844 with Freese and Nichols,Inc., for engineering services associated with the final design and bid phase services of the BaileyCounty Well Field supply pipeline project.




5. 8. Contract Resolution – Public Works Engineering: Resolution No. 2013-R0005 authorizing the

5. 8. Contract Resolution – Public Works Engineering: Resolution No. 2013-R0005 authorizing theMayor to execute construction contract 11079 with Lewis Construction Company, Inc., forconstruction services associated with the Milwaukee Avenue and Marsha Sharp Freeway (U.S. 82)water line re-route.

5. 9. Contract Resolution – Public Works Water: Resolution No. 2013-R0021 authorizing the Mayorto execute purchase order Contract 22300034 with MARS Company for a water meter test bench,RFP 13-10982-CI.




5. 10. Cash Farm Lease Agreement Resolution-Right-of-Way: Resolution No. 2013-R0006 authorizingthe Mayor to execute contract 11137 with Andrew Adams to farm approximately 60.08 acres out ofthe southwest quarter of Section 2, Block B, and the east half of Section 3, Block B, LubbockCounty, Texas.

5. 11. Cash Farm Lease Agreement Resolution-Right-of-Way: Resolution No. 2013-R0007 authorizingthe Mayor to execute contract 11136 with Kim Sherrod to farm approximate 100 acres out of thesoutheast quarter of Section 12, Block B, Lubbock County, Texas.

5. 12. Contract Resolution - Civic Center: Resolution No. 2013-R0022 authorizing the Mayor to executecontract 11130 with Armko Industries, Inc., for architectural and engineering services required todevelop specifications and drawings for replacement of the Lubbock Memorial Civic Center roof.

Scott Snider, Assistant City Manager; and Lee Ann Dumbauld, City Manager, gave comments andanswered questions from Council.



5. 13. Resolution - Civic Lubbock, Inc. : Resolution No. 2013-R0023 approving the recommendationfrom the Cultural Arts Grant Review Committee and the Civic Lubbock, Inc. Board of Directors forthe second of two granting periods for the 2012 Cultural Arts Grant Program using Hotel OccupancyTax funds allocated for FY 2011-12.

Motion by Council Member Victor Hernandez, seconded by Mayor Pro Tem Karen Gibson to

approve Resolution No. 2013-R0023. Vote: 5 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

Council Member Todd R. Klein (RECUSE)

5. 14. Contract Resolution - Parks and Recreation: Resolution No. 2013-R0008 authorizing the Mayor

5. 14. Contract Resolution - Parks and Recreation: Resolution No. 2013-R0008 authorizing the Mayorto execute contract 11107 with Marian Moss Enterprises and TIBH Industries (TIBH) forlitter control and disposal at municipal baseball fields, softball fields, and park facilities.

5. 15. Contract Resolution - Parks and Recreation: Resolution No. 2013-R0009 authorizing the Mayorto execute a contract with Circle R Lawn and Sprinkler for the application of pre-and-post emergentherbicides at various park properties, BID-13-11021-CI.

5. 16. Resolution - Parks & Recreation : Resolution No. 2013-R0010 authorizing the Mayor to rejectall bids for Granular Fertilization for Various Park Properties, BID-13-11020-CI.

5. 17. Contract Resolution - Parks and Recreation: Resolution No. 2013-R0011 authorizing the Mayorto execute contract 10631 with EnviroCon Systems, Inc. for the irrigation pond liner replacement forMeadowbrook Golf Course, Bid 12-10631-RH.

5. 18. Resolution - Parks and Recreation: Resolution No. 2013-R0012 authorizing the Mayor to executecontract 11138, an Athletic Facility License Agreement, with various baseball, softball, soccer andcricket user groups.

5. 19. Contract Resolution - Health Services : Resolution No. 2013-R0013 authorizing the Mayor toexecute contract 11122 an agreement with South Plains College Vocational Nursing School to allowstudents to observe in City clinics.

5. 20. Contract Resolution - Health Services : Resolution No. 2013-R0014 authorizing the Mayor toexecute contract 11123 a Memorandum of Understanding with StarCare Specialty Health System,formerly known as MHMR, which will assist individuals with referrals for needed care.

5. 21. Contract Resolution - Health Services : Resolution No. 2013-R0015 authorizing the Mayor toexecute contract 11124 a Memorandum of Understanding with StarCare Specialty Health System,formerly known as MHMR, for substance abuse, treatment, and referral.

5. 22. Contract Resolution - Health Services: Resolution No. 2013-R0016 authorizing the Mayor toexecute contract 11125 a Memorandum of Understanding with StarCare Specialty Health Specialty,formerly known as MHMR, which would allow education, outreach, referrals, and/or treatment.

5. 23. Contract Resolution - Fleet : Resolution No. 2013-R0024 authorizing the Mayor to executepurchase order contract 31013284 with Warren CAT for landfill equipment.

Scott Snider, Assistant City Manager; and Pam Moon, Director of Finance, gave comments andanswered questions from Council.


Resolution No. 2013-R0024. Vote: 5 - 1 Motion carried NAY: Council Member Victor Hernandez


5. 24. Contract Resolution - Fleet: Resolution No. 2013-R0025 authorizing the Mayor to executepurchase order contract 31013283 with Associated Supply Company, Inc., for a Wheel Loaderlandfill operations.

Motion by Council Member Todd R. Klein, seconded by Mayor Pro Tem Karen Gibson to approve

Motion by Council Member Todd R. Klein, seconded by Mayor Pro Tem Karen Gibson to approveResolution No. 2013-R0025.

Vote: 5 - 1 Motion carried NAY: Council Member Victor Hernandez


5. 25. Contract Resolution - Fleet: Resolution No. 2013-R0026 authorizing the Mayor to executepurchase order contract 31013347 with Gene Messer Chevrolet for light duty vehicles, BID13-11066-RH.

Scott Snider, Assistant City Manager, gave comments and answered questions from Council.



5. 26. Contract Resolution - Fleet: Resolution No. 2013-R0027 authorizing the Mayor to executepurchase order contract 31013348 with Scoggin-Dickey Chevrolet-Buick for light duty vehicles, BID13-11066-RH.




5. 27. Contract Resolution - Fleet: Resolution No. 2013-R0028 authorizing the Mayor to executepurchase order contract 31013349 with Forman's Pick Up Pals, Inc. for 17 light duty vehicle servicebodies or flat beds, BID 13-11066-RH.




5. 28. Contract Resolution - Fleet : Resolution No. 2013-R0029 authorizing the Mayor to executepurchase order contract 31013285 with Responder Public Safety Equipment for the purchase ofvehicle unit storage vaults for police patrol division, BID 13-11069-RH.



Resolution No. 2013-R0029.

Vote: 6 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

5. 29. Contract Resolution – Police : Resolution No. 2013-R0017 authorizing the Mayor to executecontract 11036 with G.T. Distributors Inc., for duty and training ammunition, BID 13-11036-TL.

5. 30. Contract Resolution - CitiBus: Resolution No. 2013-R0018 authorizing the Mayor to execute aTransportation Development Credit Agreement, TxDOT Project TDC 1301 (05), with the TexasDepartment of Transportation (TxDOT).

6. Regular Agenda

6. 1. Public Hearing 6:30 p.m. - Planning : Ordinance No. 2013-O0001, Zone Case 2909-C: request ofCMS Properties, on behalf of S&S Commercial Properties, Ltd., for a zoning change from IHC toA-2 for apartments on 12.195 acres of unplatted land out of Block AK, Section 36, west of JusticeAvenue and north of 66th Street, and consider an ordinance.

Mayor Robertson opened the public hearing at 7:52 p.m.

No one appeared to speak in favor or opposition.

Mayor Robertson closed the public hearing at 7:52 p.m.


Ordinance No. 2013-O0001. Vote: 6 - 0 Motion carried Other: Council Member Jim Gerlt (ABSENT)

6. 2. Public Hearing 6:30 p.m. - Planning : Ordinance No. 2013-O0002, Zone Case 3195: request ofBarbara Beck for a zoning change from T to C-3 for an office/retail center on 8.42 acres of unplattedland out of Block AK, Section 9, 5815 and 5911 130th Street, and consider an ordinance.




Motion by Council Member Floyd Price, seconded by Mayor Pro Tem Karen Gibson to approve


6. 3. Public Hearing 6:30 p.m. - Planning : Ordinance No. 2013-O0003, Zone Case 3197: request ofShannon Vyff for a zoning change from R-1 to R-1 Design Historical for the east 40 feet of Lot 17and Lot 18, Block 46, Overton Addition (2014 17th Street), and consider an ordinance.



Mayor Robertson closed the public hearing at 8:31 p.m. Motion by Council Member Floyd Price, seconded by Mayor Pro Tem Karen Gibson to approve


6. 4. Public Hearing 6:30 p.m. - Planning: Ordinance No. 2013-O0004, Zone Case 2895-I: request ofBetenbough Homes for a zoning change from R-1 Specific Use to GO on 1.7429 acres of unplattedland out of Block AK, Section 28 (east of Milwaukee Avenue at 88th Street), and consider anodrinance.






6. 5. Public Hearing 6:30 - Planning: Ordinance No. 2013-O0006, Zone Case 2904-F: request of theCity of Lubbock for a zoning change from M-2, C-4, and C-4 Specific Use to IHC on Lots 1 – 15,and the east part of Lots 16 – 21, Block 31, Easley Addition; Lots 1 – 30, Low & McNabb Addition;Lots 1 – 9, Block 2, Lots 1 – 4, Block 7 and Lot 8, Block 10, Richmond Second Addition andadjacent Railroad Right-of-Way; Tract B, R.C. Taylor Addition and adjacent Railroad Right-of-Way;Lots 12 – 21, Block 7, William Tubbs Addition (east of North Avenue Q Drive, north of 3rd Street,west of Avenue M, and south of 2nd Street), and consider an ordinance.

Randy Henson, Director of Planning, gave comments and answered questions from Council.


Henry "Gene" Whitney appeared before Council to speak in opposition.

No one appeared to speak in favor.


Motion by Council Member Floyd Price, seconded by Council Member Victor Hernandez, toapprove the zone case.

Vote: 3 - 3 Motion failedNAY: Mayor Glen Robertson Council Member Latrelle Joy Council Member Todd R. Klein

Motion by Council Member Victor Hernandez, seconded by Mayor Pro Tem Gibson, toreconsider item 6.5.

reconsider item 6.5.

Vote: 4 - 2 Motion carriedNAY: Mayor Glen Robertson Council Member Latrelle Joy

Motion by Council Member Todd R. Klein, seconded by Council Member Victor Hernandez, toapprove Ordinance No. 2013-O0006 with the following amendment:

to strike through "Lots 1 - 30, Low & McNabb Addition" and insert "Lots 1 - 15 and Lots 26 -30, Low & McNabb Addition."

Vote: 6 - 0 Motion carried as amended

6. 6. Public Hearing 6:30 p.m. - Planning: Ordinance No. 2013-O0005, Zone Case 3196: request fromLubbock County Hospital District for a zoning change from R-2 to IHC for a medical clinic on theeast 127.5 feet of Lots 11 through 13, Block 2, Smith Collier Addition (4101 and 4105 Interstate 27and 546 42nd Street), and consider an ordinance.






6. 7. Contract Resolution - Fleet: Resolution No. 2013-R0030 authorizing the Mayor to executepurchase order contract 31013351 with Sam Pack’s Five Star Ford for light duty vehicles and servicebody, BID 13-11066-RH.

Lee Ann Dumbauld, City Manager; and Scott Snider, Assistant City Manager, gave comments andanswered questions from Council.

This item was divided into two motions.

Motion by Council Member Todd R. Klein, seconded by Council Member Victor Hernandez to

approve Resolution No. 2013-R0030 with the following amendment:

Pursuant to Texas Local Government Code 271.905(b), items 5, 7, 8, 10, 11, 12, and 13 willbe awarded to Gene Messer Chevrolet of Lubbock, Texas; and items 6, 9, 16, 19, and 22 willbe awarded to Scoggin-Dickey Chevrolet-Buick of Lubbock, Texas due to the local bidder'ssubmission being within 5% of the lowest bid.This amendment is based on the following findings:

"Council finds that the local bidder offers the municipality the best combination ofcontract price and additional economic development opportunities for the municipalitycreated by the contract award, including employment of residence in the municipality,and increased tax revenues to the municipality."


Motion by Council Member Todd R. Klein, seconded by Council Member Floyd Price to approveResolution No. 2013-R0030 as amended, and awarding items 1, 2, 3, 4, 15, 24, and 32 to Sam Pack'sFive Star Ford as the low bidder.


6. 8. Resolution - Storm Water: Resolution No. 2013-R0031 adopting recommendations of the ad hocStorm Water Committee concerning the calculation and assessment of storm water utility charges,and directing the City Manager and the LP&L Chief Executive Officer regarding preliminaryactivities in connection with the implementation thereof.

Motion by Mayor Pro Tem Karen Gibson, seconded by Council Member Latrelle Joy to approve


6. 9. Board Appointments - City Secretary : Consider one appointment to the Lubbock Business ParkTIF Reinvestment Zone Board of Directors, one appointment to the Lubbock Economic DevelopmentAlliance Board of Directors, and one appointment to Market Lubbock, Inc. Board of Directors.

Lubbock Business Park TIF Reinvestment Board of Directors: Nominations to replace KennyMcKay for the Lubbock Business Park TIF Reinvestment Board of Directors were taken as follows: Sonny Garza and Rob Allison.

Motion by Council Member Floyd Price, seconded by Council Member Victor Hernandez to ceasenominations.



Rob Allison: 1 Aye (Mayor Pro Tem Karen Gibson)

Sonny Garza: 5 Ayes (Mayor Glen Robertson, and Council Members Hernandez, Joy, Klein, andPrice)

Sonny Garza was appointed to replace Kenny McKay on the Lubbock Business ParkTIF Reinvestment Board of Directors.

Lubbock Economic Development Alliance Board of Directors: Nominations to replace TaylorEighmy to the Lubbock Economic Development Alliance Board of Directors were taken as follows:Lance Nail and Chris Sneed.

Motion by Mayor Pro Tem Karen Gibson, seconded by Council Member Hernandez to ceasenominations.

Vote: 6 - 0

Other: Jim Gerlt (ABSENT)

Chris Sneed: 2 Ayes (Council Members Price and Hernandez)

Lance Nail: 4 Ayes (Mayor Glen Robertson, Mayor Pro Tem Karen Gibson, and Council MembersJoy and Klein)

Lance Nail was appointed to replace Taylor Eighmy to the Lubbock Economic Development AllianceBoard of Directors.

Market Lubbock, Inc. Board of Directors: Motion by Mayor Pro Tem Karen Gibson, seconded byCouncil Member Todd R. Klein to appoint Lance Nail.


Other: Jim Gerlt (ABSENT)

7. Work Session/Business Agenda - Items for presentations and discussions on such issues thatmay require more in-depth consideration of the City Council than Regular Agenda items.Action may be taken on a Work Session/Business Agenda item posting if the item indicates tothe public the action to be taken.

7. 1. Presentation on Ports-to-Plains.

Michael Reeves, President of Ports-to-Plains Alliance, apeared before Council to give a presentationon Ports-to-Plains.


There being no further business to come before Council, Mayor Robertson adjourned the meeting.


ATTEST:



January 15, 201311:00 A. M.

The City Council of the City of Lubbock, Texas met in special session on the 15th of January, 2013, at theLubbock Memorial Civic Center, Morris W. "Moe" Turner Banquet Hall, 1501 Mac Davis Lane, Lubbock,Texas at 11:00 a. m.

12:15 P.M. CITY COUNCIL CONVENEDLubbock Memorial Civic Center, Morris W. "Moe" Turner Banquet Hall,1501 Mac Davis Lane, Lubbock, Texas

Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Jim Gerlt; CouncilMember Victor Hernandez; Council Member Todd R. Klein; Council Member Floyd Price; CityManager Lee Ann Dumbauld; City Secretary Rebecca Garza; City Attorney Sam Medina

Absent: Council Member Latrelle Joy

1. Regular Agenda

1. 1. State of the City Address - concerning Lubbock economy, agriculture, employment, core services,including but not limited to water, wastewater, development and redevelopment, public safety, streets andtransportation, community services, infrastructure, parks and recreation, and other modes of delivery ofgovernmental services.

Mayor Glen C. Robertson gave a presentation on the State of the City, concerning Lubbock's economicsand demographics, public safety, water supply, storm water, electricity, transportation, infastructure andfacilities, growth, and future priorities. The State of the City Address was hosted by the LubbockApartment Association.


There being no further business to come before Council, the meeting was adjourned.


ATTEST:



January 17, 20138:00 A. M.

The City Council of the City of Lubbock, Texas met in special session on the 17th of January, 2013, in CityCouncil Chambers, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 a. m.

8:09 A.M. CITY COUNCIL CONVENEDCity Council Chambers, 1625 13th Street, Lubbock, Texas

Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Jim Gerlt; CouncilMember Victor Hernandez; Council Member Latrelle Joy; Council Member Todd R. Klein; CouncilMember Floyd Price; City Attorney Sam Medina; Deputy City Secretary Thomas Harris


The meeting was called into a closed public session at 8:09 a.m. under the provisions of Section 551,Texas Government Code. City Council reconvened in open session at 10:00 a.m.



10:00 A.M. CITY COUNCIL ADJOURNED



ATTEST:



January 18, 20138:00 A. M.

The City Council of the City of Lubbock, Texas met in special session on the 18th of January, 2013, in CityCouncil Chambers, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 a. m.


Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Jim Gerlt; CouncilMember Victor Hernandez; Council Member Latrelle Joy; Council Member Todd R. Klein; CouncilMember Floyd Price; City Manager Lee Ann Dumbauld; Deputy City Secretary Thomas Harris;Assistant City Attorney Mitch Satterwhite








ATTEST:



January 22, 20138:00 A. M.

The City Council of the City of Lubbock, Texas met in special session on the 22nd of January, 2013, in CityCouncil Chambers, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 a. m.


Present: Mayor Glen C. Robertson; Mayor Pro Tem Karen Gibson; Council Member Jim Gerlt; CouncilMember Victor Hernandez; Council Member Latrelle Joy; Council Member Todd R. Klein; CouncilMember Floyd Price; City Secretary Rebecca Garza; Deputy City Secretary Thomas Harris; AssistantCity Attorney Mitch Satterwhite








ATTEST:


Regular City Council Meeting 5. 1. Meeting Date: 02/14/2013

InformationAgenda ItemResolution - City Council: Consider a resolution petitioning the Legislature of the State of Texas to revise theLubbock Reese Redevelopment Authority enabling statute.

Item SummaryThe Lubbock Reese Redevelopment Authority's (LRRA) enabling statute provides for a Board of Directorscomposed of seven members. Six of the seven members are scheduled to rotate off the Board on September 30,2015. Currently members are appointed for four year terms and may be reappointed for one additional term. Additionally, an individual appointed to fill an unexpired term may only be reappointed for one additional term. The LRAA is petitioning the State, along with the South Plains Association of Governments (SPAG) and LubbockCounty, to revise the statute to allow for the following:

An individual appointed to serve an unexpired term may be appointed to serve two additional terms.1.Provides the SPAG Executive Director is a member of the LRAA Board of Directors.2.

LRAA states these revisions to the enabling statute are important to the Board for continuity and continued successto the Reese Technology Center.

Fiscal ImpactNone.

Staff/Board RecommendingKaren Gibson, Mayor Pro Tem

AttachmentsResolution - LRRALetters - LRRA

RESOLUTION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFLUBBOCK:

THAT the City Council of the City of Lubbock does hereby support the LubbockReese Redevelopment Authority (the ‘LRRA”) in its efforts to petition the TexasLegislature to amend the LRRA’s enabling statute as to the term and composition ofits board, as set forth in the LRRA’s request, which is attached hereto as Exhibit A”and incorporated in this Resolution as if fully set forth herein and shall be included inthe minutes of the Council.

Passed by the City Council this

______________________________________

2013.

GLEN C. ROBERTSON, MAYOR

ATTEST:


APPROVED AS TO CONTENT:

KkeiGibson, Ma6rPro Tem

APPROVED AS TO FORM:

AFnyLsi)

Agistan City Attorney

AS! Res/LRRA Legislation Support02.06.2013

Reese Technology CenterA Master-Planned Research & Business Park

January 30, 2013

Honorable Karen GibsonMayor Pro Tern of the City of Lubbock1625 13th StreetLubbock, Texas 79401

Honorable Torn HeadLubbock County JudgeP.O. Box 10536Lubbock, Texas 79408

Mr. Clinton SawyerPresident, South Plains Association of GovernmentsP.O. Box 3730 Freedom StationLubbock, Texas 79452

Re: Proposed Change to Lubbock Reese Redevelopment Authority Board

Terms and Board Membership

Dear Mayor Gibson; Judge Head; and Mr. Sawyer:

As you may be aware, the Lubbock Reese Redevelopment Authority (“LRRA”)

enabling statute (Chapter 3501 of the Texas Special District and Local Laws Code)

provides for a Board of seven members, who are currently appointed for four year terms

and they may be reappointed for one additional four year term. In the event a board

member resigns from the Board before completing his/her term, the individual appointed

to fill this unexpired term may only be reappointed for one additional term regardless of

the length served of the unexpired term. The enabling statute. also, provides that the

South Plains Association of Governments (“SPAG”) may appoint one member of the

board. This member since LRRA’s establishment has been the SPAG Executive Director.

The LRRA Board is scheduled to lose 6 of the 7 current Board members by

September 30, 2015 due to the expiration of their term. Of the 6 Board members

scheduled to leave the Board, three could serve an additional term with the revisions

being requested to the enabling statute. Therefore, the revisions to the enabling statutebeing sought are important to Board continuity and the continued success of the Reese

Technology Center.

Attached is a copy of two proposed revisions to the LRRA enabling statute. The

revisions provide for the following:

9801 REESE BLVD., SUITE 200• LUBBOCK,TEXAS 79416 806.885.6592• FAX 806.885.6003www.reesecenter.com

• An individual appointed to serve an unexpired term may be appointed to serve

two additional; and• Provides that the SPAG Executive Director is a member of the LRRA Board

of Directors.

Senator Duncan has graciously agreed to sponsor the revision to the LRRA enabling

statute; however, he has asked that you acknowledge your support for this revision before

fihingabill.

If you could indicate your support for such a bill by signing in the space indicated

below, we will be very appreciative. If you have any questions, please do not hesitate to

contact me at jerrylennardbc1lsbcglobaLnct or 778—4075, .Janis McCutchin at

.Janis.McCuichinsenate.she.tx.us; or Darrell Guthrie at thuthrie(’imhba.com or 765—

7491.

Yours very truly,

.Jerry L. BellPresident, LRRA Board of Directors

I support the proposed revisions to Chapter 3501 of the Texas Special Districts

and Local Laws Code.

South Plains Association

City of Lubbock: Lubbock County: of Governments:

Karen bson By: Tom Head By: Clinton Sawyer

ItMgyor Pro Tern Its: County Judge Its: President

Enclosure (as stated)

cc: Bill Miller, Executive Director. LRRAMr. Tim Pierce, Executive Director, SPAG

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3501.05 1. COMPOSITION OF BOARD.

(a) The board is composed ofi

(1) five directors appointed by the governing body of the City of

Lubbock from a list ofpersons recommended by the board under this section:

(2) one director appointed by the commissioners court of Lubbock

County from a list ofpersons recommended by the board under this section: and

(3) he Lxecutie Director of the South Plains Association of by

Governments.

(b) Before the term ofa director appointed under Subsection (a)(1) or (a)(2)

expires, the board, in consultation with the City of Lubbock or Lubbock County, as

applicable, shall recommend to the governing body of the City of Lubbock or the

commissioners court of Lubbock County, as applicable, a list ofpersoris to serve on the

succeeding board. After reviewing the list of recommendations, the governing body of

the City of Lubbock or the commissioners court of Lubbock County, as applicable, shall

appoint the appropriate number of directors from the recommended persons, or request

that the board provide additional recommendations.

(c) The governing body of the City of Lubbock. the commissioners court of

Lubbock County. or the board, as appropriate, shall make recommendations and

appointments to the board so that places on the board are occupied by persons with

experience in:

(1) real estate:

(2) finance:

(3) manufacturing;

(4) agriculture; and

(5) general business.

Sec. 3501.052. TERM; VACANCIES.

(a) A director serves a term of four years. A director appointed to fill a

vacancy for an mexpired term shall serve for the remainder of that term. - --

- DeIed: only

(b) A vacancy oi the board is filled in the same manner as the original

appointment.

(c) A director may be appointed as the director’s own successor for not more

than one term. A director 4ppointed to fil1aacai unexpired ii may be

appointed as tile director’s ov,Ti successor for not more thm tLillE.


InformationAgenda ItemBudget Ordinance Amendment 2nd Reading - Finance: Consider Budget Ordinance 2013-O0009 Amendment14, respecting the Grant Fund, to accept and appropriate additional funding from the Texas Department ofTransportation (TxDOT) for the FY 12 Section 5310 Grant and transfer matching funds from the Transit Fund tothe Grant Fund; accept and appropriate funding from the Texas Department of Housing and Community Affairs(TDHCA) for the Comprehensive Energy Assistance Program (CEAP) Grant; accept and appropriate fundingfrom TDHCA for the Community Services Block Grant (CSBG); accept and appropriate funding from the TexasDepartment of State Health Services (DSHS) for the Public Health Preparedness (PHP) Discretionary ProgramGrant; and, respecting the Capital Program, to amend Capital Improvement Project (CIP) 92221, Northwest WaterReclamation Plant; amend CIP 91039, Sewer Lines Ahead of Street Paving; and accept and appropriate fundingfrom the National Recreation and Parks Society and Darden Restaurants for the Great American Trails Program andamend CIP 92288, Hoel Park Walking Track.

Item SummaryOn January 31, 2013, the City Council approved the first reading of the ordinance.

Accept and appropriate an additional $5,988 from TxDOT for the FY 12 Section 5310 grant, for a total grantappropriation of $82,288, and transfer an additional $1,497 from the Transit Fund to the Grant Fund for atotal local match of $20,572. Reduce the budget in cost center 4515, Demand Response Service, by $1,497,from $769,692 to $768,195.

I.

Accept and appropriate $1,015,302 from TDHCA for the CEAP grant.

II.

Accept and appropriate $91,899 from TDHCA for the CSBG grant.

III.

Accept and appropriate $17,019 from DSHS for the PHP Discretionary Project grant.

IV.

Accept and appropriate $15,000 from the National Recreation and Parks Society and Darden Restaurants forthe Great American Trails Program grant and amend CIP 92288, Hoel Park Walking Track, by increasing thefunding by $15,000, from $365,000 to $380,000, for the construction of a small shade structure with aseating area on the new walking track at Hoel Park.

V.

Amend CIP 92221, Northwest Water Reclamation Plant, by decreasing the funding by $700,000, from $23.5million to $22.8 million, and amend CIP 91039, Sewer Lines Ahead of Street Paving, by increasing theappropriation by $700,000, from $2.175 million to $2.875 million, for the sanitary sewer portion of theMilwaukee paving project. The bid on the sewer portion of the project was higher than expected.

VI.

Fiscal ImpactIncluded in Item Summary.

Staff/Board RecommendingCheryl Brock, Budget Director

Cheryl Brock, Budget Director

AttachmentsOrdinance - Budget Amendment 14Grant Detail Sheet - Citibus Section 5310Grant Detail Sheet - CD CEAPGrant Detail Sheet - CD CSBGGrant Detail Sheet - EM PHP Discretionary ProjectCIP Detail Sheet - 92288CIP Detail Sheet - 92221-91039

ORDINANCE NO.

AN ORDINANCE AMENDING THE FY 2012-13 BUDGET FOR MUNICIPALPURPOSES RESPECTING THE GRANT FUND TO ACCEPT ANDAPPROPRIATE ADDITIONAL FUNDING FROM THE TEXAS DEPARTMENTOF TRANSPORTATION (TXDOT) FOR THE SECTION 5310 GRANT ANDTRANSFER MATCHING FUNDS FROM THE TRANSIT FUND TO THE GRANTFUND; ACCEPT AND APPROPRIATE FUNDING FROM THE TEXASDEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FORTHE COMPREHENSIVE ENERGY ASSISTANCE PROGRAM (CEAP) GRANT;ACCEPT AND APPROPRIATE FUNDING FROM THE TDHCA FOR THECOMMUNITY SERVICES BLOCK GRANT (CSBG); ACCEPT ANDAPPROPRIATE FUNDING FROM THE TEXAS DEPARTMENT OF STATEHEALTH SERVICES (DSHS) FOR THE PUBLIC HEALTH PREPAREDNESS(PHP) DISCRETIONARY PROJECT GRANT; AND RESPECTING THECAPITAL PROGRAM TO AMEND CAPITAL IMPROVEMENT PROJECT (CIP)92221, NORTHWEST WATER RECLAMATION PLANT; AMEND CIP 91039,SEWER LINES AHEAD OF STREET PAVING; AND ACCEPT ANDAPPROPRIATE FUNDING FROM THE NATIONAL RECREATION ANDPARKS SOCIETY AND DARDEN RESTAURANTS FOR THE GREATAMERICAN TRAILS PROGRAM AND AMEND CIP 92288, HOEL PARKWALKING TRACK; PROVIDING FOR FILING; AND PROVIDING FOR ASAVINGS CLAUSE.

WHEREAS, Section 102.0 10 of the Local Government Code of the State ofTexas authorizes the City Council to make changes in the budget for municipalpurposes; and

WHEREAS, in accordance with the City Budget Ordinance the City Councilshall approve all transfers between funds and departments; and

WHEREAS, the City Council deems it advisable to change the FY 2012-13Budget for municipal purposes and reallocate funds as follows; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:

SECTION 1. THAT the City Council of the City of Lubbock hereby approveschanges to the City of Lubbock Budget FY 2012-13 (Budget Amendment #14) formunicipal purposes, as follows:

I. Accept and appropriate an additional $5,988 from TxDOT for the FY 12Section 5310 grant, for a total grant appropriation of $82,288, and transfer anadditional $1,497 from the Transit Fund to the Grant Fund for a total localmatch of $20,572. Reduce the budget in cost center 4515, Demand ResponseService, by $1,497, from $769,692 to $768,195.

II. Accept and appropriate $1,015,302 from the TDHCA for the CEAP grant.

III. Accept and appropriate $91,899 from the TDHCA for the CSBG grant.

IV. Accept and appropriate $17,019 from the Texas DSHS for the PHPDiscretionary Project grant.

V. Accept and appropriate $15,000 from the National Recreation and ParksSociety and Darden Restaurants for the Great American Trails Program Grantand amend CIP 92288, Hod Park Walking Track, by increasing the fundingby $15,000, from $365,000 to $380,000, for the construction of a small shadestructure with a seating area on the new walking track at Hoel Park.

VI. Amend CIP 92221, Northwest Water Reclamation Plant, by decreasing thefunding by $700,000, from $23.5 million to $22.8 million, and amend CIP91039, Sewer Lines Ahead of Street Paving, by increasing the appropriationby $700,000, from $2.175 million to $2.875 million, for the sanitary sewerportion of the Milwaukee paving project.

SECTION 2. THAT a copy of the changes made to the City of LubbockBudget pursuant to this Ordinance shall be filed with the City Secretary and CountyClerk of Lubbock as required by law.

SECTION 3. THAT should any section, paragraph, sentence, clause, phraseor word of this Ordinance be declared unconstitutional or invalid for any reason, theremainder of this Ordinance shall not be affected thereby.

AND IT IS SO ORDERED

Passed by the City Council on first reading on

______________________________

Passed by the City Council on second reading on

______________________________


ATTEST:

Rebecca GarzaCity Secretary


?C1iJCheryl BrckBudget Director


Am’iSim)Asj2tt-City

ccodcs/BudgetFY 12! 3.Amend I 4.ordJanuary 22, 2013

Administrative InformationCity Assigned Grant Number: 88023Grant Name:Grant Effective Date:Grant Provider/Agency:Original Appropriation Date:Original Appropriation-Budget Ordinance No.: 2011-O0080Grant Award Amount: 82,288$ City Match Amount: 20,572

Budget InformationOriginal Award

AmountAmendment

AmountTotal Award

AmountProject DetailPreventive Maintenance-City Match 19,075$ 1,497 20,572$ Preventive Maintenance-Grant Award 76,300 5,988 82,288

Grant Appropriation 95,375$ 7,485 102,860$

Note: $76,300 in FY 2012 Section 5310 grant funding has previously been appropriated. The final award amount includes an additional $5,988.

City of Lubbock, TXGrant AwardBudget Detail

January 31, 2013

Section 5310 Federal Grant

September 8,2011Texas Department of Transportation

3/1/2012-8/31/2013

Administrative Information:Grant Number:Grant Name:Grant Effective Date:Grant Provider/Agency:

Personnel Information:# of full-time positions funded w/grant 5

Title of PositionAnnual Salary

Annual Benefits Grant Other Grant

Program Specialist 39,815$ 21,393 12,125 49,083 Account Analyst 58,923 26,668 5,375 80,216 Administrative Assistant 23,417 16,247 6,090 33,574 CD Interim Director 67,340 33,380 5,926 94,794 CD Contract Coordinator 55,000 25,760 9,950 70,810 Total 244,495$ 123,448 39,466 328,477

Budget Information:Grant Appropriation Detail Cost

Salaries 26,150$ Benefits 13,316 Travel 1,200

ComDev Household Crisis H/C 100,000 Lutheran Social Services

Household Crisis Utility Assistance 100,000 Utility Assistance Component 456,572 Admin & Operations 50,091

LIFE Run CentersUtility Assistance Component 245,847 Admin & Operations 22,126

Total Appropriation 1,015,302$

Texas Department of Housing and Community Affairs1/1/2013-12/31/2013

City of Lubbock, TXGrant Award

New Grant - Budget DetailJanuary 31, 2013

Comprehensive Energy Assistance Program

Administrative Information:Grant Number:Grant Name:Grant Effective Date:Grant Provider/Agency:

Personnel Information:# of full-time positions funded w/grant 5

Title of PositionAnnual Salary

Annual Benefits Grant Other Grant

Program Specialist 39,815$ 21,393 7,469 53,739 Account Analyst 58,923 26,668 2,106 83,485 Receptionist 23,417 16,247 2,988 36,676 CD Interim Director 67,340 33,380 2,363 98,357 Contract Coordinator 55,000 25,760 9,911 70,849 Total 244,495$ 123,448 24,837 343,106


Full-time Salaries 16,748$ Benefits 8,089 Travel 500 Supplies 1,149 Other 1,400 Indirect Cost 3,000

ContractualCatholic Family Services-SSP 43,907 South Plains Association of Gov.-I&R 10,856 Lutheran Social Servcies CEAP Ops 3,500 LIFE Run Centers CEAP Ops 1,500

ComDev CEAP Inspections 1,250

Total Appropriation 91,899$



Community Services Block Grant1/1/2013-12/31/2013

Texas Department of Housing and Community Affairs

Administrative Information:City Assigned Grant Number: 81095Grant Name:Grant Effective Date:Grant Provider/Agency:Grant Award Amount: 17,019$ Amount City Grant Match: 1,720 Funding Source of Grant Match:


Supplies 4,750$ Capital Outlay 11,222

Professional Services 1,047 Total Appropriation 17,019$

In-kind match



01/01/2013 - 08/31/2013Texas Department of State Health Services

PHP Discretionary Project

Capital Project Number:Capital Project Name:

Current Project Appropriation Amount 365,000$

Proposed Amendment 15,000

Total Proposed Appropriation 380,000$

92288Hoel Park Walking Track

Capital Project Project Cost Detail

Budget AmendmentsJanuary 31, 2012



92221 91039 Total

Current Appropriation Amount 23,500,000$ 2,175,000 25,675,000$

Proposed Amendment (700,000) 700,000 -

Total Proposed Appropriation 22,800,000$ 2,875,000 25,675,000$

91039Sewer Lines Ahead of Street Paving

92221Northwest Water Reclamation Plant

Capital Project Project Cost Detail

Budget AmendmentsJanuary 31, 2013

Regular City Council Meeting 5. 2. 1. Meeting Date: 02/14/2013

InformationAgenda ItemContract Resolution - Citibus: Consider a resolution authorizing the Mayor to execute Amendment No. 1 -TX-16-X007-01 to Contract 51205F7170 a Section 5310 Grant, with the Texas Department of Transportation(TxDOT).

Item SummaryAmendment No. 1 is for an additional $42,000 of Section 5310 funds awarded to the City of Lubbock/Citibus fromTxDOT. The original grant for the $40,288 in Section 5310 funds was approved at the March 29, 2012, CityCouncil Meeting. The total Section 5310 funds awarded to the City of Lubbock/Citibus is now $82,288.

Section 5310 grant funds are used for preventative maintenance on vehicles used in the CitiAccess service. Theprogram provides mass transportation that is designed and carried out to meet the special needs of elderlyindividuals and individuals with disabilities. The period of performance is through August 31, 2013.

Fiscal Impact$19,075 of the local match required for this grant has already been included in the Citibus budget, an additionalamount of $1,497 is included in this ordinance. The additional match will be transferred from the Transit Fund andthe appropriate cost center budget will be reduced by that amount. Acceptance of this grant will result in noadditional cost to the City.

Staff/Board RecommendingQuincy White, Assistant City Manager

AttachmentsResolution - CitiAccessAmendment - CitiAccess

RESOLUTION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock an amendment to a Grant AgreementTX-16-X007-Ol, by and between the City of Lubbock and TxDOT for preventativemaintenance for CitiAccess (Demand Response Service), and all related documents. Saidamendment is attached hereto and incorporated in this Resolution as if fully set forthherein and shall be included in the minutes of the Council.

Passed by the City Council on

____________________________


ATTEST:



QiiThcy e,sistant City Manager


/ ‘1

Chad Weaver, Assistant City Attorney

gs’Res. Amend Grant Agrmnt TX-I 6-X007-O I -TxDOT1.17.2013

82288PUBL1C TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENTTRANSIT PROVIDER: Lubbock, City ofETA GRANT #: TX-16-X007-01CFDA#: 20.513TXDOT PROJECT #: ED 1201 (05) 07PROJECT GRANT AGREEMENT #: 51205F7170MASTER GRANT AGREEMENT #: 512XXF7081FEDERAL TRANSIT ADMINISTRATIONNOT RESEARCH AND DEVELOPMENT

STATE OF TEXAS §

COUNTY OF TRAVIS §

PUBLIC TRANSPORTATIONPROJECT GRANT AGREEMENT

AMENDMENT #1

THIS AMENDMENT is made by and between the State of Texas, acting through the TexasDepartment of Transportation, called the “State”, and Lubbock, City of, called the “TransitProvider”.

WITNESSETH

WHEREAS, the State and the Transit Provider executed a project grant agreement on4/3/2012; and,

WHEREAS, it has become necessary to amend that project grant agreement;

NOW THEREFORE, the State and the Transit Provider do agree as follows:

AGREEMENT

1. The amendment combines Minute Order 113000 and MO 113230. Total FY 2012 §5310federal reimbursable amount $82,288 and 0.00 Transportation Development Credits.

Attached hereto is the revised project budget and shall replace the budget included withthe above-mentioned Grant.

All other provisions of the original project grant agreement not amended are unchangedand remain in full force and effect.

2. Incorporation of Master Grant Agreement (MGA) ProvisionsThis amendment incorporates all of the governing provisions of the MGA in effect on thedate of final execution of this amendment, unless an exception has been made by theterms of this PGA.

Lubbock, City of Project Grant Agreement #: 51 205F71 70PGA Amendment Page 1 of 2 Revised 07/28/2011

3. Signatory WarrantyEach signatory warrants that the signatory has necessary authority to execute thisagreement on behalf of the entity represented.

THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate.

THE TRANSIT PROVIDER

Signature

cLet-) 7Ic’Typed, Printed, or Stamped Name

1 G’Qv’Title

Date

THE STATE OF TEXAS

Signature

Lynn 0. Castle

Typed, Printed, or Stamped Name

Public Transportation Coordinator

Title

Date

Lubbock, City ofPGA Amendment

Project Grant Agreement #: 51205F7170Revised 07/28/20 1 1

I

Page 2 of 2

ATTEST:


Date:


Bill fr&4on z2’Cc1(munity Deve1opt Director


Chad WeaverAssistant City Attorney

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of 5EXHIBIT A

FEDERAL §5310FISCAL YEAR 2012 PROGRAM of PROJECTS

Transit OperatorsFort ‘WorthFort Worth Transportation Authority/The T $206,576North Richiand Hills-NETS, City of 60,000Texoma Area Paratransit System, Inc. 21,323

$287,899

HoustonAmerican Red CrossBrazos Transit DistrictColorado Valley Transit, Inc.Fort Bend CountyGalveston County Transit DistrictMontgomery County Committee on Aging

D/B/A The Friendship Center

LaredoDel Rio, City ofLaredo, City ofWebb County Community Action Agency

$42,00063,331

$105,331

Le2endPreventive Maintenance (PM)Purchase of Service (POS)Information Technology (IT)Equipment (EQP)Transit Vehicle (VEH)

Federal Total TDC Award Category

41,31510,200

POSVEH

PM51,515

$71,248 VER61,000 10,370 VEH

136,210 27,242 IT,EQP,PM176,062 35,211 POS105,504 12,231 PM,VEH107,074 11,138 PM,VEH

S657,098 96,194

$21,034 PM22,000 PM46,201 PM

$89,235 0

LubbockLubbock, City ofSouth Plains Community Action Association

8,400 PM13,039 PM,POS,VEH21,439

of 5EXHIBIT A

FEDERAL §5310FISCAL YEAR 2012 PROGRAl’I of PROJECTS

Transit Operators TDC Award CategorySan AntonioPresa Community Service Center IT,PM,POSSouthwest Area Regional Transit District

________________________

IT,PM

TylerEast Texas Council of Governments $49,536Longview, City of 49,536Tyler, City of 49,536

$148,608

WacoHeart of Texas Council of GovernmentsKilleen. City ofWaco, City of

_______________________________________________

Wichita FallsRolling Plains Management CorporationTexoma

Area Paratransit System, Inc.

__________________________________________________

YoakumAffectionate Arms Adult Day Health Care

CenterColorado Valley Transit, Inc.Golden Crescent Regional Planning

Commission

___________________________________________

Total Programmed

LegendPreventive Maintenance (PM)Purchase of Service (POS)Information Technology (IT)Equipment (EQP)Transit Vehicle (VEH)

Federal Total

253.264$69,880

$323,144

43,2531,760

45,013

PMPM

P05

0

S45.000 9.000 POS13.436 POS72,000 PM

$130,436 9,000

$25,639 PM54,708 PM

$80,347 0

$24,347 4,869 IT,POS

35,110 PM35,110 PM

$94,567 4,869

$4,027,026 374,650

TEXAS TRANSPORTATION COMMISSION

VARTQ Counties MINUTE ORDER Page 1 of 2

ALL Districts

Texas Transportation Commission (commission) takes special note of its designation by thegovernor as the administering agency for the Federal Transit Administration (FTA) grant program,“Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities”

(49 U.S.C §5310), in a letter dated October 4, 2005; and further acknowledges that federalprogram regulations require the Texas Department of Transportation (department) to ensure that grantfunds are distributed fairly and equitably within the state.

The United States Congress has passed a Continuing Resolution for a six-month period; theFTA has available funds for this period. As soon as authorizing legislation and appropriation coveringthe remainder of the fiscal year or a portion of it has been enacted, the additional funds will be madeavailable.

Awards to transit operators are calculated in accordance with the formula in Title 43, TexasAdministrative Code, §31.3 I. Projects are selected at the district office level following a consultationprocess with all local parties, including any existing Metropolitan Planning Organizations, and a localplanning, and development process. Projects also meet the requirements of inclusion in a coordinatedtransportation plan as required 49 U.S.C. §5310 and administered through the provisions ofTransportation Code, Chapter 461. Project recipients recommended for award are described inExhibit A which includes funding for transit vehicles, information technology, preventivemaintenance, purchase of service and equipment.

Title 43, Texas Administrative Code, § 5.73 establishes the process for which TransportationDevelopment Credits (TDC) may be awarded at the discretion of the commission. The commissionfinds that TDC investments in:

• Purchase of equipment will increase the value of the transportation assets by replacingworn equipment or purchasing new equipment which will supplement existing rollingstock or other capital inventory;

• Information technology will increase the value of the transportation assets by investing innew technology which complies with federal standards and provides better recordkeeping for reporting to various state and federal agencies;

• Preventive maintenance improves air quality by regularly maintaining vehicles atmanufacturer scheduled intervals and increasing the value of the transportation assets bypreserving the condition of existing fleet;

• Purchase of service will provide mobility options for elderly and disabled individualsseeking employment, training, and other essential services thus expanding economicopportunities; and

• Transit vehicles will improve air quality by replacing older vehicles with newer modelswhich meet current emission standards; and increase the value of the transportation assetsby investing into the replacement of depreciated rolling stock.

TEXAS TRANSPORTATION COMMISSION

VARIOUS Counties MINUTE ORDER Page 2 of 2

ALL Districts

The commission finds that the projects in Exhibit A are eligible for funding and awards atotal of $4,172,771 in federal Formula Grant funds for Special Needs of Elderly Individuals andIndividuals with Disabilities and $409,064 in TDC.

Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles andmissions to the department.

Transportation Code, Chapter 456, authorizes the commission to administer fundsappropriated for public transportation.

IT IS THEREFORE ORDERED by the commission that the executive director or thedirectors designee is directed to proceed with the awards as described in Exhibit A, submit thenecessary state application to FTA, and enter into the necessary contracts for the FY 2012 program ofprojects.

SubL4dbe

Director, Public Transp rtat n Divisionxecu1jor 2

Minute DateNumber Passed

of5EXHIBIT A

FEDERAL §53 10FISCAL YEAR 2012 PROGRAM of PROJECTS

Transit OperatorsAbileneAspermont Small Business Development

Center, Inc.Central Texas Rural Transit District

AmarilloAmarillo Multiservice Center for the Aging,

Inc.

AtlantaArk-Tex Council of GovernmentsEast Texas Council of Governments

AustinAustin Groups for the Elderly (AGE)Austin Travis County Integral CareBastrop County Emergency Food Pantry and

Support CenterBluebonnet Trails Community MHMR CenterFaith In Action Caregivers, Inc.Hays County VAMary Lee Foundation

BeaumontSouth East Texas Regional Planning

Commission

LegendEquipment (EQP)Information Technology (IT)Preventive Maintenance (PM)Purchase of Service (POS)Transit Vehicle (VEH)

Federal Total TDC Award Category

S45,000 7,650 VEil

39,428 IT,PM$84,428 7,650

$95,866 16,297 VEH

$95,866 16,297

$62,516 PM38,314 PM

$100,830 0

$34,184 237 IT,PM,POS

40,512 6,120 PM,POS,VEH45,000 7,650 VEH

50,000 PUs22,500 PUS

3,000 PM12,000 PM

$207,196 14,007

$138,793 PUS

$138,793 0

of 5EXHIBIT A


Transit OperatorsBrownwoodCentral Texas Rural Transit DistrictConcho Valley Transit District

________________

ChildressPanhandle Community ServicesRolling Plains Management CorporationSouth Plains Community Action Association

Corpus ChristiBee Community Action AgencyCoastal Bend Center for Independent LivingCoastal Bend Rural Health PartnershipRural Economic Assistance League, Inc.

DallasCommunity Services. inc.SPAN, Inc.

El PasoLULAC Project Amistad D/B/A Project

ArnistadThe Evangelical Lutheran Good Samaritan

Society


Federal Total TDC Award

BryanBrazos Transit District

Cateiorv

$57,6039,600

$67,203

IT,PMPM

0

$92,361 PMS92,361 0

S12.254 PM26,856 PM11,246 PM

$50,356 0

$72,000 14,400 POS1 1,983 2,396 POS20,000 4,000 POS30,000 PM

$133,983 20,796

S310.500 32,045 IT,PM,VEH187,161 11,556 IT,PM,VEH

$497,661 43,601

$115,127 19,572 VER

34,860 5,926 VEH

$149,987 25,498

of 5EXHIBIT A


Transit Operators Federal Total TDC Award CategoryFort WorthCentral Texas Rural Transit District IT,PMCleburne, City of PMPublic Transit Services EQP,PM.POSTexorna Area Paratransit System, Inc. (TAPS) PM,VEHThe Transit System, Inc. IT,PM,VEH

HoustonAmerican Red CrossColorado Valley Transit, Inc.Fort Bend CountyGulf Coast CenterHarris CountyMontgomery County Committee On Aging

D/B/A The Friendship Center

LaredoBorder Area Nutrition Council, Inc.Community Council of Southwest Texas, Inc.Del Rio, City ofRural Economic Assistance League, Inc.

LubbockLubbock, City ofPanhandle Community ServicesSouth Plains Community Action AssociationWest Texas Opportunities. Inc. 2,685

$109,143

LegendEquipment (EQP)Information Technology (IT)Preventive Maintenance (PM)Purchase of Service (POS)Transit Vehicle (\7EH)

$20,00015,000

109,64256,67797,000

$298,319

17,6006,460

10,75334,813

$68,328 VEH55,120 9,370 VEI-I

129,931 25,986 POS87,500 17,500 POS

228,000 45,600 POS112,000 22,400 POS

S680,879 120,856

$21,500 IT,PM15,000 PM35,966 PM20,000 POS

$92,466 0

$40,288 PM2,685 PM

63,485 3,051 PM,POSPM

3,051

of 5EXHIBIT A


ParisArk-Tex Council of GovernmentsTexorna Area Paratransit System, Inc.

PharrBrownsville, City ofJim Hogg CountyLower Rio Grande Valley Development

CouncilRural Economic Assistance League, Inc.South Padre Island, City ofStarr CountyZapata County

San AngeloConcho Valley Transit District

San AntonioAlamo Area Council of GovernmentsBluebonnet Trails Community MHMR CenterCommunity Council of Southwest Texas, Inc.Greater Randolph Area Service Program. Inc.

(GRASP)Presa Community Service Center

LegendEquipment (EQP)Information Technology (IT)Preventive Maintenance (PM)Purchase of Service (POS)Transit Vehicle (VEil)

LufldnBrazos Transit District

OdessaWest Texas Opportunities, Inc.

Transit Operators Federal Total TDC Award Cate2ory

$97,105 PM$97,105 0

$89,632 PM,POS$89,632 0

S53,041 PM53,040 PM

$106,081 0

$110,390 18,766 VEH8,000 PM

27,788 PM

8,892 PM27,788 PM16,000 PM8,000 PM

$206,858 18,766

$68,404 800 IT,PM$68,404 800

$100,000 17,000 VEH6,754 POS

63,500 10,795 VEil64,000 9,180 PM,VEI-1

100,586$334,840

20,11757,092

P05

of 5EXHIBIT A

FEDERAL §53 10FISCAL YEAR 2012 PROGRAM of PROJECTS

Transit Operators Federal Total TDC Award CategoryTylerEast Texas Council of Governments $17,184Longview. City of 17,184Salvation Army 43,000Smith County 59,435Tyler, City of 17,184

$153,987

WacoHeart of Texas Council of GovernmentsHill Countiy Transit DistrictKilleen, City of

__________________________________________________

Vichita FallsRolling Plains Management CorporationTexorna Area Paratransit System, Inc.

YoakumAffectionate Arms Adult Day Health Care

CenterBluebonnet Trails Community MHMR CenterColorado Valley Transit, Inc.Golden Crescent Regional Planning

Commission

Total Programmed


7,310

PMPM

VEHPOSPM

7,310

$50,000 10,000 POS71,600 VEH13,547 POS

$135,147 10,000

$18,070 PM65,186 11,082 VEH

$83,256 11,082

$2,227 445 IT

20,000 4.000 POS5,381 PM

70,382 13,000 PM,POS

$97,990 17,445

$4,172,771 409,064


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor toexecute Contract 11185 and all related documents with Texas Department of Housing and Community Affairs(TDHCA) for the Comprehensive Energy Assistance Program (CEAP) to fund utility assistance programs tolow-income families and individuals.

Item SummaryThis resolution is a renewal of a grant that funds utility assistance to low-income persons for the installation ofportable air conditioning or heating and for the repair of existing heating or cooling units.

The source for this contract is a pass-through grant from TDHCA, in the amount of $1,015,302.

The contract is an electronic signature contract. The period for performance of this contract is January 1, 2013,through December 31, 2013.

Fiscal ImpactThe funds used are State CEAP funds. The maximum to be allocated to this grant is $1,015,302.


AttachmentsResolution & Contract - CEAP

RF:s0LL T1ON


IHA I the Mayor of the City of Lubbock is hereby authorized and directed toe\ecut for and on behalf of thc Cit of I ubbock a Contract by and between the C it ofLubbock and lexas Department of Flousing and Communit Affairs for theC ompihensi e I ncre \sist mLe Piogr im md all rd ited doLumLnt’ Said Conti aLt isattachLd hereto and incorporated in this rcsolution as if tulE set forth herein and shall heincluded in the minutes of the City Council.

Passed by the City Council this day of 2013.

GLEN C. ROBERTSON. MAYOR

AFTFST



—

Ph\ lh’flrown Interim Community De elopment Director


ResCD13(3-iccI)cpt of i1ousingComprehroovc 1nerg\ \ssst Prog. 13i.232j13

TEXAS DEPARTM11T OF HOt SING ANt) (8OMMUNII V AFFA1RCONTRACT NO. 3’S 1300) 622 FOR THE

COMPREHENSIVE ENERGY ASSISTANCE PROGRAM )ETSAP)(CEliA ‘0

SECt tON 1, PAR [1135 TO OlE CON’l RA(if

This Comprehensive Ene.rgy Assistance. Progra.m Contract No. 38131.8)0 622 (the “Contract”) is made h and between the Texas1) p i, t H ai , I, Omenit \ Ia rs a the 0 ia a,. ol tr . I I a is hi, 3) i, r

a politict) sui.idivi the Subrec: r’ient”), here:. rafter the “Panics”

SECtION 2. (O\[R\Ci’ PERIOD

Th.e period for performance of” this Contract, unle.ss earlier term nate.d, is J::nuarv ((1 3: 3 through i...)ecemher .1 0 20 3 hereitsafterthe “Contract Term”)

SE(i ION 3. SL’BRFCIPIEN’[’ PFRFORIAN(’E

Suhrecip;ent shall, on an equitable basis throughout its sers ice area, operate a t.’omtsrehensis e Enema Assistance Program.hereitittler the (, 1: A P in accordance is oh the Economic OpportunlO Act 0! 1 1 Public 1 ,m 115—452 the I ow—income I Ionic

Enerer Asststance Act of 1981 as amended (42 U S C Sec. 8o21 et seq ) Title XXVI of the Omnibus Budget Rcconctliation Act of1981, Public Law 97-35, as amended) (hereinafter the “LIHEAP Act”), Cltapter 2306 of the Texas Government Code (hereinafterthe “State Act”), the implementing State regulations under ‘I’itle 10, Part I, Chapter 5, Suhchapters A and I) of the ‘I’exasAdministrative (“ode, as amended or supplemented Irons time to time (hereinafter the “State Rules”), the 1.IHEAP State Plan,Suhrecipienfs Sen ice Driiscrs Plan as defined itt the State Rules, the Department’s guidance related to CLAP, all applicable stateand R’deral regulations atid the terms of this Contract Suhrecipicnt shall assist km —income households with pniorirv heittg cii en into particular order to eldcrlr . persons is tb disabilities. households with a ounir child 5 cans of age on under, households with high

enengs burden aitd houseltolds is tb heh eneris consumption. Suhrecipieitt shall implcnient the Cli .\P in accordance is rh theCertifications attached hereto as Exhibit A, the Budget attached hereto as Exhibit B, the Personal Responsibility aitd WorkOpportunity Act of 1996 (“PRWORA”l Requirements for the CLAP anached hereto as Exhibit C. the Documentation of l,)isahtlitvrequirements attached hereto as Exhibit [), and all such Exhibits incorporated herein for all relevant purposes; the assurances,certil’ications, and all other statements made by Suhrccipient in its application funding under this (.‘ontractt and is tb all other terms,pros isiotti. and requirements herein set fortit Suhreciprcnt shall pcrtdrnt direct sen ices under this Contract beginning on Januans7. 2s 5 and coitruruing until the end of the Contract ‘I crm in accordance is ith the State Rules, amended to be et’tdctis e Januans 7,

SEC’I’ION 4. DEP RTMENT OBi.IGATIONS

A. In eonsideratioit of Subrecipient’s satisfactory pert’ormance of this Contract, Deai’tntenr shalt reimburse Subrecipient for theactual allow tHe costs tO administratis e expenditures and \ssurance It” tens ties is defined wrens incurred hr Sul eciprentdense tire (. ontract I cnn and ion the actual allinable costs (‘n direct ers’:cc’s ittcurred hr Sul’rcciisigirt on or after Januar 7,2’ 0 3, in the amount spec:fied in Exhibit 13. Budget, ol this Contract

[3 Airy decision to obligate additional funds or deobligate funds shall he made in writing by’ I’)epartmetit m its sole dscretionbased upon factors including. hut riot limited to, the status Ot fundnc, under t’rants to Department, the r,ste of Subrccipient’n

iyat:on 01 funds, under ftii sr pr’es’oas contracts, tar ewstence of oucst:s’irect or Osil i owed costs eider 0:s or otherr:racts be’,oeun the Parties nu Suk!eci cat’s oseruS omtti anne.’ tb the tennr ot’th)s Contract

(‘,,D’e partmenhs obligations unde.r this Cont.ract ire contingent upon the actual receipt of funds ‘torn the I) S. Department ofI Ieaith and Human Service,s, If sufficient funds are. not uvailishle to make payments under this Contract, Department shallnotify Subrecipient in writing within a reasonable. time after such Oct is d.etermined, Departtnment sh.ali then termnina.te this(,“ontnact. and will not he liable. for the fail gre to ma.k’c’ :tnv payment to Subrecipient urmds’rthi,s Contract, Departnsent.,nei.r,ow’ledges tO it h.rt recc:ved h igutions t’w:rr those sources v. inch. :t t”ard. is :1; 0e safttc:ert to rut’, t”u ,tll,”,s at”e cOstsru erred to Sur”recrpment amer tb:s Coo truer.

I.) I’8)purrmrent :s not ruble 1: ,“,ri’, cost ira urred try Suhresipentssnicir

[‘age I ot 10

= rwrn wee- re: tee: re ,::,‘rree cv tO, F.\l’ A,: ,: w’, ,: ::

5 is nc reported to Deprrrtnsent on a month) e.xpenehture or periF’rrna.n report within Orty five (4•Si das foiiowinrr the.,rfrhe Contract Tern: or

I: rrewp;en: she refeni. n:tire: tO:een 5 ot the Detahr:entr rejie’: ens seer nIespliet 0 Sar’rejrtvent neaTDeartcrit deieenrnc he resu’ted :n at: nerpar rent rI tar not teen siren: accordsn,e with :i:etet i: this

F Notwithstanding ann other provision of this Contract, the total of all payments and other obligations incurred by Departmentunder thi, Contract shall not exceed the sum of

S I MI 53O2J)o.

SECTIONS. 1ETHOD OF I’AYNIENT/CASH BALANCES

A bach month. Subrecipient mas request an ads ance paYment of ChAP funds under this Contract \s per the Lu dorm Grant\lanatement Standards. 34 1 \ C 52042 et seq iherem ‘L1YsIS’ . Sabreeipienfs requests for adsances shall be limited tothe amount needed and he timed to he in aceordance with actual immediate cash requirements 0! the Subrecipient in earls ingout the purpose of this Contract

[1 Subrecipient shall establish procedures to minimize the time elapsing between the disbursement of funds from Department toSubrecipient and the expenditure of such funds hr Suhrecipient.

C Suhreeipient nitist request an ads ance par inent hi: submitting a properly completed montltlv expenditure report to theDepartment through the electronic reporting sr stein itis later than the fIfteenth i I 5th ) dar oh the nionth prior to the month hOtwhich ads anee par nent is sought

I). Subsection 4(A notwithstanding. Department reserves the right to utilize a modified cost reimbursement method of panient,ssherehr reimbursement oh costs incurred hr a Suhrecipient s made only after the Department has reviewed and appros edbackup documentation provided by the Suhreepient to support stab costs fur Cii fends if i i Sebrec pient nanteins excessivecash balances or requests ads ance par ments in excess of thirty Ge) dar s need, .2) Department identities am deficiency in theinternal controls or financial tnanagement system used by Suhreeipientt (3) Subrecipient violates any of the terms of thisContract. (4) Department’s funding sources require the use of a cost reimbursement method of par nient or (5) SuhreeipienliO es the Departmetmm futids

F. Department may offset or withhold any amounts otherwise owed to Stuhreeipient under this Contract against any amount owedhr Suhrecmptent to Department arising under thus Contract

I \: mOrJ pal: to Subrecipiem:u under mtlis Cmmntiaet are paid in trust or the exciusis e benefit Of the eigihe ciienti ti tile (. lAPand fOr allowable direct serrmces incurred on or after January 7, 20l3. and fOr allciwahle administrative expenditures andAssurattec lb activities defined below incurred during the Contract Term, ineludmng hut not limited to tramning!tr.ivele’ er-S tare, end services that encourmee and craNe t::wsehoids to re,ftce the:: (tome cnem:r reeds and tfie:eer tne reed orererev assIstance hereafter .-\ssleance 0 aetrvmties m as detim:ed n time i. Ill hA P

SECTION 6. ( 051’ I’RINCIPI.ES \DAJ)1INIS’IRA’flvF: RFQIIRFMFNTS

as ex’re hOt 0., ic’ mr rite tern, ut tn,s L ot:tract, rwo- melt sCm:: ,mnrNr a mi: the cost pr:ncples andunifonti administrative requirements set forth n the. Jj5j5 All reference-i: therein to ‘ioe.al government’ shall be construed tomean Subree.ipient.

Paste S of lo

i)\113 Crarea: \‘“ :‘j’.,’recaa r I’ iS, ica’tlinifitrin rrtn: trat :erjur(ments far txtieall fd: visions are ret forth in 0MB Circ.uCr ..A. 45, CM 13 C :reular A’ .53Audits of States, . cad Governrrsnts, and NoicaProfit Cress ations, .setr fitrt.h audit at ndards lot riovernmentalOrttanisattion.s and other organizations expending. Fe45ral funds.. The ..xenditun. threshold rer siring an audit under CircularA13.3l5 Sfatft (‘1(10

tIle l.ttlti.\l \ct

B 5luh mae inerceats for actis tIes assoctalesi ‘at th the closeout of the CIrAP Contract for a pe000 no: to e.xeecd tI’rssfive (45 dana front the end ofth-e Contract i’erm defined, at Section 2 o’ftlai.s Contract.

1 [RI1NA’[lO A1\I) S1SPF’%SIO\

A l’ursuani to tS‘

of the State Raim Department mtst terminate rho Contract. itt us hole or in part, at ant time Departmentdeterinateu tltat there is cause for ter:rtinstion Cause Cr terrniitation ireludes hut a not lmired to. Subrecipieitt s failure tocomplu n rh ant term of tltts Contract or reasonable belier that Stibrec:piettt calinor or still tot coin pit oith tire requirements ofthe Contract if the Department determines that a Subrecipient has tailed to complu ith tIre terms of the Ccmtttrirct. or has failedto pros ide services that meet appropriate standards, goals, or other requiremems estahlished bt the Department, Departmentwill notify Subrecipient of the deficietscies to he corrected and require the deficiencies he corrected prior to implementingterm attoit

B. Suhrecipienfs failure to expend tIre Ilands provided uirder rhs Contract in a timeR maniter mat result in either the temuinatiottut this Cotrtracr or Subrec ipient’s ntel igihil its to reeds e additional funding under ChAP, or a reduction in the orittinalallocation or’ hinds to Suhreei pient.

C Nothing irt this Section shall he constrLied to limit Departrnenfs authority to withhold payment and immediately suspend thisContract if Department identities possible instances of fraud, abuse, waste, fiscal mismanagetnent, or other deficiencies in

Subreciprent’s performance including hut not limited to, Suhrecetpietst’s failure to correct any monitoring findings on this orany state cnrittract or on a single audit review, Suspension shall he a temporars measure pending either corrective action bySubrecipient or a decision ht Department to terminate this Contract

I) Notwithstanding rti exercise he Department ot’ its rigltt of terminatiort or suspension. Subreeipienr shall flirt he relieved of any

liahilits to Department tot damaees he irtue of ant breach of this contract ht Suhrecipnenr Department mat ss ithhold ans

payment due to Suhrecipienr until such time as the exact amount ot’ damages due to Departtneni is agreed upon or is other’s ruedetermined ri writing hetss eetr Parties

hi Department shall not he liable for any costs ittcurred by Suhreeipient after terminatiots or during suspension oh’ this Contract,

SFCTlO S. .J.LOWuBJ.E E\I’ENI)I’l’L’RES

A I he C loss ahtl its of Subrecttments costs incurred m the pettormance it ft :s Cuntttr:ict sltal I he determ :tued m accordance sx fit theprovisions of Sectioit 4 and the regulations set forth in the Lll’lh’.AP Act and the State Rules, subject to Ilte limitations aridexceptions set forth in this Section,

B CRAP funds may be mccl for administrative act.ivities arid Assurance 16 actrvites’ uurlng the Contract’l’e.rm as well as’ otherallotsat’le extwmrd:tureu ui:eter thts Cort:ract such as Street sers ecu scummed on or alter Jan:iar 2(13 titittl tine end of tee

i arm at:d I ide the ‘of ca15

C ‘n.:.::na ‘\usur.tm:ca In’ aca:s acas, ta ,mjeda neraCs :e,ss:sent rc:ar:uC, rauset co.,nsal,ne, anc::’.c,smisets,rt:i’i:cdm:c,mrm and ss:surtwc Is ith eneras cedars,

3. I a:crx’ening in er:crcs crisis’ situations or

Page ii nif hi

C. CEAP fr.tnds a swup to 676 of tite award amount to he utrh.zed lEt’ adm istratis’e costs Admittistrativ’: costs itteurred by6ubrec etetit itt :teform sate Cs Cots: Tact to ic t.,a1 ursa uratrtt’rtatic v’i.sti tv’s ‘c .0 ‘ti ‘it

i.vhht: 1) or’ “a (‘‘‘taste: jut,’ attv’’rrSt’,e o-:a trahuE casa’ Tcia:ed to auth

[I Administrative arid Astcancc 16 Activities tOads •as defrrtad under and itt acsss.rdisncc with the State Rules ate cs.irrred thto ashS

-,

the etC a: ate eor’t:ct icatt to ,ir,et ,utastrs.ttat.oatsit-\,su:srtsaS 0 .tetvttrascategories, howeve.r, Subsecipiettt is still rectusred to pertdrm Assuranc.e Ihactivitres,

F. Srth:’ecit’tcrtt shall ptos tie dues: sets tees to clients on ‘ri!)er Jattiata’ ‘ 2013 and itt!tirt st\t’\’ duw :ecsrspt o( tarkietins C ott:raet pursuant to t5 3’thtl’i it ttic tir:c Rules, eItet;s e Jetisar5 . 3

SE(liIO\ 9. RFCOR[) KEF PING REQt1REIE I’S

A. Subreciptent shall maintain tiscal and programniatic records and’supporting documentatton Di all expendttttres of funds madeunder this Contract ti accordance with the UGMS. Section III, Common Rule State Umforni Administratse Rectuirements forGrants and Cooperative Aereemeitts, Subpart C Post Assard Requrremeirts. .

B. Open Records, Subrecipient acknossledges that all infOrmation collected, assembled, or maintained by Subrecipient pertainingto this Contract is subject to the ‘1 exas Public Information Act. Chapter 552 of Texas Gas ernrnent Code and must providecitizens, public agencies, and other interested patties ssith reasonable access to all records pertaining to this Contract suhleet toand in accordance with the Texas Public Information Act

C. Subrecipient shall give the U S Department of health and Human Sers ices, the U S General Accounting Office, the TexasComptroller. the State Auditors Otlice. and Department. or any of their duly authorized representatis es, access to aitd the rightto exani inc and copy, on or all the premises of Subreeipient, all records pertaining to this Contract Such iight to access shallcontinue as long as the records are retained by Subrecipient. Subrecipient agrees to inaintam such records m an accessiblelocation for the greater oft (0 four (4) years, (iil if notified by the Department in writing, the date that the final audit isaccepted with all audit issues resolved to the Departnienfs satistiiction, iii) if any litigation claim, negotiation, inspection. atother action has started before the expmratiott of the required retention period records must be retammied until conipletion of theaction turd resolutton cC’ a! sacs rslrteh arI,c andci 5. iii a dce consistent as iii aims other period required tw tdntcrai or statelass or regulation Sithnecipient agrees to cooperate as tb aits exammation conducted pursuant to this Subsection L pontermination of this Contract, all records are property of the Department

U Subreciptent shall inaintatn a client tile system to document direct services rendered tue direct sets ices n:ust he tendered onor afier January 7. 21)13 Each client file shall contain the folloaving.

I Cl itt spplicimttorr contain meg all Deportment tequrrenrents.

2. ‘Docutasentation/verification of clie.nt income iOn the thirty (30) days precedtng their application for all householdt:ts:rtb’r cmghtccn t.Si sears and older, or Declaratror: ot l:ieome statement lJls C cable Itt ot’der tin rise tIle1)16 furrrr. cad: subreeptent ‘traIl desetcm wC rrF’leme:r: a xsrtttett pcCtca arm tnrosed:re or: tOe use o: Inc tartIt,

polietes rdoiiitmitg a SliceS stutcmertt ot cO/ins to ohtatrr docatrieemutsrt at :ncotrre wttn ii notate ed sPentsic.rtaturet as outlitted in § 5.407(e/ of the State R.ules,

$ Ericrey corisumntiotr history fOr previous twelve I I 2’) rnorttlts (all fuel tpes •i at applicable for l’fouse)told Crisisls

Pace 4 of to

Docume-ntation of payment (Docu.nrentation of pao’rnent mao he maintained in a .se.tmrtv’dte., hut inner he. ac.cessihte tothe Denartment C

0. Priority ration ihrm.: and

timerpient shalt maintain eonrplete cirent files at all tames Costs assoeated with riconrpiere lIes founO at the time (itprogram monitoring iriar he disat towed,

SF( fIO\ tO. RII’OR’II\G RI/QI IRF1E%1’S

A. Suhi ecrpient shalt electronical 15 submit to Department, no her than fit’teen I 5 dave alter the end of each month of theContract ‘l’erm, a Funding Report of all expenditures of funds and clients served under this Contract during the previous month,ihese reports are due even if Subrecipient has no new activity to report during the month.

B Suhreeipment shalt submit to Department, no later than forts fise m45 dims s aSset the erd of the Contract i’ern anineentrirs otall vehicles, tools, and equipment a ith a unit acquisition cost oh 55.000 and or a useful itO of more than one ear, if purchasedin whole or in part seth futids reeds ed under this Contract or prcs iota Cl-’ •\ I’ corrtracts l’hre irs eirtore shall include the

eh ides, toots. equ mpmrrent, and appliances purchased a oh Lnergs Crisis lands on hand as of the last dat of the Contract l’erm,Subrecipient acknosvledges that all equipnient and supplies purclrased evmtlr fuirds from the ChAP are the propertt of ChAP andas such, stay with the suhrecipietrt which provides ChAP services in the service area.

C Subrecipient shall electroiricalls srtbmit to Department, no later titan tOrts ‘is e .1St drts’s utter tIre end of tire (‘ontract ‘1 eritr. aThaI report ot’ all cxpenditrtres of fuitds and clients scm ed under tli is Contract Famlure of Srthrccmpient to ii ovide a fullaccountinit of funds expended under tIns (,‘ontract may rear It n the tertrt nation of this Contract and nd rg hr itS to t mci ye

additioiral funds If Subrecipient fails to submit a final expenditure/performance report cc firm 45 days of the end of theContract ‘l’erm, Department will use the last report submitted by Subreelpient as tire final report

D. It’ Strhrccipient jails to submit. itt a timeR and satisldctore manner, ant mpome or response required hr this Contract,l,)epartnrent miar wthlrold ant or all par ittcirts otlierse se dire or requested hr Lmtriecipieirt hereunder Par nreitts iniar bea itrri’mid utrti such tIme as tire delinquent report or response is received hr Departnrent, if the detnrqiteirt report or response is

flOt receixed within tortyOlve i45’i days of its due date, Department mar suspend err ternritrate this Contract, If Suhreeipieirtreceives funds from Departmemrt over two or nrore Contract ‘Terms. ftinds may he withheld err this Coirtract suspended orterminated br Suhrecrpienfs failure to sm,mhirmit a past due report or response (includmng air audit report) thom a plior contract or( ‘orr:raet I’errir

N .rhrec Ricer stiall pros dc tire l’)eparrmeirt it Oh a Darn (This et Ca Nunrnerrng St stem Dl,, x S number Ic rd a Central Corrtrmtoristration (CCR) Svste.m nu.nrhe.r. ‘fRi BUNS nurrrher rrrust her provided in a documeirt from Burr and Bradsrree.tarrd the

current CCR number must he submitted Poor a docuirient retrieved from the httpsr//www.sarn.gov/portat/puhticiS .-‘\M/ wehsite,These docurrrents roust he provided to tIre Department crior to the processing first navmerrt to Suhrecir’rrent, Suhreeipierrt strati

ran: DI NS mincer ‘red (‘CR iutr:’ret ‘or rteer:troe’atm’ae: tern:

Page 5 iii IS’

SE(’TION 11. VFNDORAGREEME\TS

S

r :--\i’ :,

SF( I1J\ 12. (II-\CIS \I) A%I )‘.lE.’ 1%

A \e’ ,.ec :,tJ:nsx dectar: the :ernr C-.:ra: rae red l’s n.raa ii ajer,- I .rcitomatieadv incorporied herein .1 is cii cove on tire nate -Je.sirtIaed ii mv or reewatron

B. Except as specifically provided otherwise in this Contract, ear changes, additions, or deletions to the terms of this Contractdc!: be n ‘c and e\cCintec: Es both lt eat tilts Cnnritrac: II airs Pain tarrm rio e\e med gs Es raesrrridc tnachrr:e oreec road rtar’smssioro the sierinte parts inteCire cops of its autho rrzed sire tiure trrinted hr the recet vine totchme or theelcetroate ttansmrss ion. to he is oriental signature

C Written requests for Contract amendment must he received he the Department by no later than forty five (45) days prior to theend of the Contract Term

SFC’l I0 13. PROGRAM INCOME

Subrecipient shall account Fr and expend program income derived from aetis ties tinanced in while or in part with tunds pros idedunder this Contract in accordance with the UGMS, Common Rule, 25 and 0MB Citcular A-I 02. Attachment, 2e

SEC lION 14. 1 E(1-INICAL ASSISTANCE ANI) IONITORING

Depaitment mar issue techn teal guidance to explain tlte rules and provide dtrecttons on terms of this Contract, Department or itsdesignee may conduct ott and otT-site monitoring and evaluation of Subrecipient’s compliance with the terms of this Contract.Departinenfs mottitoring may include a reviess (tf the efficiency, economy, and efficacy of’ Suhreeipienfs performance, Departmentwill notify Suhreeipient in writing of any deficiencies noted during such monitoring, Department nay pros ide training and technicalassistance to Suhreempient in correemitta the defictenemes noted. Department may require corrective action to renreds deticienciesnoted in Suhrccipienfs accounting. personnel. procurement. attd mattagcment procedures and systems in order to comply ss ith Stateor Federal requirements Department mar conduct folloss-up s sits to revien the pres tously noted deficiencies atid to assess theSubrectptenfs et’l’orta made to correct them, Repeated deficiencies may result in disailowed costs Department mar terminate cirsuspetid tltis Contract or invoke other remedies Departntent determines to be appropriate in the event nionitoring reveals materialdeticiencres iii Subrecipient’s perf’orniance, or Subrecipient fails to correct any deficiency within a reasonable period of time, asdetermined by tIme Deparnnent. Department or its designee mar conduct an ongoing program es aluation throughout the Contractterm

SEC’OON 15. INDEPENDENT SUBRECIPIEN’J

,trreed hat Deartatent a eotrtracmirtrr ts iii Subrel ipietrt an ttdepencment cntmrracror Srnr’eerptent agrees totndertrtrrf\Departnretrt aeainst arts Joel loss ed costs or mlt crc aims ss Deli tires be asserted he ens third gaits tn cottitec: en ssith tile 5ervces topa pcrtor:ried irs Srtirreeiplcnt under :h is Contract

SEC’I’ION 16. PROCL’REMEN’[ STANJ)ARDS

A tar rra na priseaterriarnts under this contract. Nahrnrcttrieni shah cornicE wtth 45 C FR Pact 02 i’i\ftt Circahar Ads’Z 0I’ .\ C 55 rand al agrc! cable dde-_C slate airJ focal aIm, reeu!’arrotr.

B. Sc brecipient may riot use. f’und.s provided unde.r this Contract o purciase persona.i property, equipment, g.oods, or services svifha unit acquisition c.osi (the net invoice unit price of an item of equipment) of more than $5,!.0.)0 unhes’s Suhrecipie.nt has re-cevedire ;rr nor Is rircO appras ,C it Department dee sueh ‘,rc

auneOu:sttlon e.ost the net in oven a nit price tO an iteint of anal patient) of 55 or mote to tun.1 f or to an other nntit’nre.ce vine )aflarn.,tt fin,d

FCTTON 1. s1B(’ONik ( ‘I’S

A 5at’tnc:t-nt nun ‘i, a rae: re etn.-arn ::er:onnenes 01 no’ ro:-:t.o ,i,,nti:e hat a-’: ;tn::ed a’ ea,’endttare n.e:wrtdt:na:,ce ret-none d-ratvl:te to :nroaeh rIte Cotratar 0 \::ans C o’ntae: St sin a and ‘sn:’. sntan en:,

and ‘rhet :‘tot’eSstor sat seraleen 5: S.a’e:e”.: aan teens’ an li,-t’.nt:sestfs ‘norWrit.teitttrl(trOvai t.e orectittent eta’. sahconrraet or the deltvctn of e lent as’.t stance withoat ohtainine Dernartinents priorapproval Any suhcoittr.act Or the deltverv of client assistance will be subject to monitoring. hr the. De.partinerst as per Section

B In it o esen: shall an’. pros :sion of titin Section 1 npecifiealh- the reoutremeiti tha: Suhi-asttrerrt betac: l)cpartmenfs poornsrs:tet: anpros ci Ci a subconrrnc:ui. be construed an relies ire Subrecipicitl Oi the iespoisnihslii’. dir ennui-ny thatpertotinuticen rendered under all sabcitt tracts are tendered 50 as to 5omph is th all of the :ci:is.n of this Contract, an if such‘er idntnt,riicen rendered is crc rendered en Subrecipicirt Departttient approval under :hin nectroir does not connriia:e adoptionrat_lOcation or acceptance ci’ Subrecipsent or subcontractor’s r’crtornratce here-under Detnirtinenr maintains the tOrrtt tornonttoi and require Subrecipient s tull compliance is oh the terms of this Contract Departnieitrs appros-al tindet this sectiondoes not naive ann’ right of action which ma) extst or which may subsequentin accrue to Departtnetit under this Contracn

SE( ‘liON l8.U DII’

A Subree ipient shall arrange tbt the perOt trance 01’ ati aititual l’inaneial and cotnpliancc audt nt lands reecin ed and performancesrendered tinder thts Cotttrttet. suhect to tIre 101mw ne conditions and litnitatiotin

I Subrecipient expendtng $50001111 or tnore in total Federal ass ards or $501,000 in total state financial assistatice sltal Ibane an audit perfOrmed in accordance with tire Single Audit Act Amendments of I 99n, 31 U S C 7501, and 0MBCircular No, A 133, Audits of States, Local Governtnents, and Noti—Profit Organizations” issued June 30, 1997 Forpurposes of this Section 18, Federal financirti assistance nteaits assistance provided by a federal agenc’. in the form ofgrants, contracts, loans, loan guarantees, ptopertv, cooperatix e agreements, interest suhstdies. insuratice or directappropriations, or other ass:stance. hut does mmiii include aniouiits reeei\ ed as reimbursemmierit for sets ass rendered toimidis duals mm accordance is ith 0MB gitidelities Tire ternt includes ass ards of Federal financial assistance recesseddirectly trorn Federal ageticies. or indirectln through other units of State and local gos ernnmeni:

2, Seettons 4 B (3) and (4) ahos e notwithstanding. Subrecipient may utilize thuds budgeted under this Contract to pay forthat portion of the cost of such audit services properly allocable to tire activities funded by Department under thisContract

S Sui’reerpisrnt shall scbrrrit three i it coptes of such audit report aiid an’ associated tnaitceetrierit crier to ihc De-parlimiciit.two 21 copies of the audit tenon to Department’s Compliance and Asset t)sersigiit Dii ision and ore i cop’. ol’ theaudi report to the Departments Coinmumiitn Ai’lairs Division ssithtn the earlier of thitr\ At) dan s altei teceipt of tlte

reniwis i ni nine ai mimnihs crier the end of the audit perrod, Subrecit’iemrt shall make audti report ,tvailahle frpublic inspection is thin thtmt\ iSo darn 01Cr receipt of the audtt retrort s A udits ‘er iimrried under rho Seeiioir atesubieci to res tess and resolution be Department or its auili1im tied reprcscntatss-e, Suhrec itrient shall subnr it such auditreport to the federal clearinghouse eesmgnated by 05TH in accordance with OMT3 Al53,

4. TIre audit report rn ust inc.lude s erilleation of all estpe.nd.itures he )...udget cateeor\, in accordance with [-tchrbi B, BadeeC

B ire c,,: or’ snadirirre se:’. tees rdtr a Stshreesptettr c’,r’ertdnrte e last 5-o:diL an t ‘tat I”e’de’rrti soar re-n :‘sse,l -, ,‘.t:’ a to: arta,io’iabiecnnstoeunuerlene:,is,sares

l5mge “ mf 19

n S’neC’ \ at’ ten Sec,’n S rage estag’,:’: )et.mnt :c’a’m t ge gnAt ge ,‘nee egg’::,

mm g,, r-’:::.

facilitan. eel

I).. Suhre.c.ipiem unde-rstands’ind agrees that it shah he liable to the t)epartment far anY costs disallowed nursuant to financial andcompliance :dit’s) of hands received under thh. Contract, Subtacipient farther aggdcrstartds and an,rccs that reimhursernent to

Dcpa.rtmcgtg of such disall ed s’hall. he end by Suhr .‘.gcSt from funds whtch were. not prov:dcd, or otherwise madeavailable to Sebrecipient under gte pg 00 iltract,

I. NeOrcenier: rail na:h:uees’e a -. g egJ’g or tag:> aa:’cleetc,t re>:::: a cr1>- Sn:.’: as i):cm: epaat

sh:i proa a: a atsOt aers ms thro-,iag: an open, ompetti\ a ptomss at can OSce ever, ida: eat> l’heretam as otk’,ng papers and rerorts for a mgnnnarn ot the three S ears after the data of directtve 01’ the auditors report 0 theSuhrecpicnt Audit working papers shall he made available upon request to Department at the completion of the audit, as partof a rtualitr review, to resolve audit findings, or to carry out oversight responsibilities consistent in oh the purposes of thisSection, Access to working papers includes the right to ohtain copies of working papers, as is reasonahle and necessary.

I For ans fiscal ear ending u thin or in mediate it after the Contract Ferrn Suhieci pient must submit an ‘‘Audit Certitcatioiiform ‘ as ai bible thorn the Department sn ithn iatx 1> i atfer the Subtecipiettt’s fiscal ear end

SEt”F ION 19. I.N.GEMFNi OF FQI’IPME\T’ >\1) IN’FNTOR\

A Subrecipiern shall comply stilt Suhchapter A of the State Rules

B Suhrecipient may tint use funds provided under this Contract to purchase personal property’. equipment, goods. or services witha unit acquisition cost (the net invoice unit price of an item of equiprnenti of more than $5,001 unless Stihreeipient has receivedthe prior written approval of Department for such purch:tse

C itp.on the term inatroit or notereitco al of iii is Comttract. Dep.artmcttt itias transfer title to any such pt opcrtr or eouipmemtt has nea tisct’ul lith of one :c:ir or itiorc or a unit acqulsitioti cost (the net ittvoicc unit price nt au tent of equipment) of 55,15(0 or moreto itself or to any other entity receis ing Dcpartrnctuu tiundinit,

SECTION 20. ‘rR.vIhI, AND TRAINING

The travel hands are to he used ottly far Departtstentnupproved training events Subrccipicnt shall adhere to 0MB Circular A-57 andetthcr tts hoardwpproved travel policy, or in the ahsetice of such a policy, the State of Texas travel policies.

SE( [10’ 21, BONDING AND lNSLR.\CE RI QL’IRE1ENTS

it’ Subtecpicrut wtll enter in to a construction a: tiicilitv mnugro’cmctits contract ss ithathi:d—partv it: tltc amotiitt of S2A:0,otercaiet,Sahitc-cim> cut met execute eel: the com:tm,icior,t r.aymrie:it bond in the firil ,uiitouti: of the contract it’ ftc Sah:ea:p:ent

enter ri 10 contract as tb a prmgt:erc’tgtraeto: at e\eesot Si ete.’’--.’o, a pertornrance borid in tee tad an or: the aoitl:ee: it

alscirecuired I hese hogtds twist he executed l’s a corporttte surets authorized to do h’csness in ‘I c’ns, a list of which mar heobtained ‘torn the State insurance Department Such assuranccs 01 cornpletton will man to the Depamnent as oblirgee attd irtusthe. documented prior to the start, of c.onstruction,

B Subrecipient sita.ll ma.in,tain adeqttate personal ingarv and propena Pa. age liability insurance, Suhrecipient is encoaraned toohtain pods tgon occurrence insurance in ae:ditog: to the gene gal luahiiitv Insurance. Generally, race ar liability in,sttrancc

Jo tot ro’ ice in agaPe 10: ;tota:tia: ettatS at teSteS teat;: anC >atet\ ine,isueet sac:: a> ,eed Joturnaptees ,:tm outer

ten> S:l’gcn leant should rat nap esst:’:ii: podees :o Jetr’t:m:gte 1 ,e,utocuitn::tet’ami a eascred if :t

not Sab:eep:ar’t should conside: >ecarnmp adeqaite coscrace Iii all onstruetiott ;‘towe:a ,‘\ddit:iinal umb.tlitsna’ he peP front ,idi:t:cnt:at::e Ia ::ds ‘i’he Dei:artmement sttorcir t’eeoli:mtteuds the Sabrecipicnt reci.me tne;r eottt:, cto:’s to

pollum:on Occurrence :t,,;ii,itic to as’otd. beam i>b:e far aria :e.ataics ttee ogttm,ttors pa’ grape api: (acne” si:oui,: pa: a

the best o,ase to tawi Id: ingp,enie:iimttr the sPat :rm ,‘ca:’rcnae n’ar,mnca pin erage

Page $ tf I’)

SJf(I1ON 22. LITIGATIO% A\i) CI,\IMS

Subsecipient shall thee Dcpincnt irrrwhste written notice of any cl.aim or acrion filed mOb a court. or iSV

against Subreci.pient. and sOs n.g out of the trmh nec’ of this Ccmtraet. or s.ny subcontra.ct ercunder SubrrmOer: sh] furn:sh toDepartment copies of all pertinent trs.pcrs re, so he t hrecorient with restore to such action or claim.

SECTION 23. LFG,I, .I”FHORI’I’I

\ S_Otto or cr2 titter’. rot: :: :mscore: :ne ru:bo: . toe Or: coo this (,‘‘‘roract ‘ce’’. C

C’. 5 5 ,:rort. .rc to ocr ‘tori toe sers tees sutift ‘rent tot’. orb testeS Ore. to;rftt’t’i ‘‘‘ J i’.

a correct rib no’. :o:ror Ssbrecin;enf: co:ts:outisc Cm’ c:’r’. orat:ci: Sabree:t’tcrt: a scho:er reort’vents the cOrn. eli. n2 bindrnn e’ore:ne::t ot’ Sabr :t’:e’:t er

13 1 be ocrson siun:ne tins Contract on behal of Sets ecipient hereby svarrants that he:she has been dO: autlto::!cJ hr C ontrast toexecute this Contract on hehalt of Subtecipient and to validls and legally hind Suhrec:p:ent to the terms, pros iions andnerformance: herein.

C Department shall has e the right to suspend or terminate this Contract it there is a dispute as to the legal authortt\ nt eitherSubrecipient. or the person .sign:nn this Contract on behalf of Subrecipient. to enter into this Contract or to render pertornianceshereunder. Stibrecipient is liable to Department ‘dr ans money it has- received from Department for pertisrrnance of theprovisions of this Contract, if the Department has terminated this Contract br reasons enumerated in this Section 23

SECTION 24. COMPLIAN(’E WITH LWS

A FEDERAL ST,\]I,, \ND l..OCAL LAW Subrecipient shall comply with the LB-lEAP Act, tite federal rules and regulationspromulgated under the LIIIFAP Act, the State Act, the State CLAP Rules. LIHEAP State Plan, and all fderal, state, and locallaws and regulattot:s applicable to the performance ul this Contract

B. DRUG-FREE WORKPLACE 11988 Fhe Suhreeipient affirms by signing this contract that it is nnplernertttng theDrug-Free Workplace Act of 1988

C. jhRQaLDEj’’.lQ94 Subrecipient shall follow the requirements of the Pro-Children Act of 1994, (20 U.S C. See6081 et seq.) which requires tltat sntoking not be pern:itted in any portion of any indoor facility owned or leased or contractedby an entity and used routinely or regularly for the provision of health, day care, education, or library servces to ch:ldren underthe age of 18 if the services are funded by Federal programs either directly’ or through States or local go: ernments by Federalgrant, contract, loan or loan guarantee.

D Cj I’FED ENGLI PROFICIENCY,’I,EP). Subrecipients must provide program applications, forms, and educationalmaterials in English, Spanish, and ans appropriate langttage, based on the needs of the service area and in compliance svith therequirements in Executive Order 131 Or’ of August Ii, 2000. To ensure compliance, the Subrecipient nest take reasonablesteps to insure that persons with L:mited English Proficiency have meaningful access to the program, Meaningful access mayentail provide language assistance services, including oral and written translation, where necessary’.

SECTION 25. PREVENTION OF WAS’I’E. FR.&D. AND .-BUSE

A. Sults’ecipient shall establish, maintain, and utilize systems rind proc.edu..re.s to prevent, detect, and correct waste, feud, and abusein activities funded undc,r this Contract. ‘I’hc s\ stems and proce.dures shall address p.os’rih.le waste, t’rasd ,an il abuse be.Subrecipient, its employees. clients. ‘odors, subcontractors, and administering agencies . S’abtcc:p:enOs tnternai controlsy’stems a:td all transacttons arid other s:unifica:tt events are to b.c clearly documen.ted. and the doeuntentat:on s to he ri.

available for monitoring’ hr Departntent

L ‘—‘ 5 1) ii t I : i

onrrrette,t’.’s e F.ncrr \w;sta tee Pr ot’os:’.r S’.brccnrien: shrib rontedutteis rotS’. l’)e:’,trt:nent ot’ tnt:

era of’ aste baud iota rise Sehrerore:tt ‘.lta:t tie a e000ers:e a sit Departetent s c’llbrts to detect as estigate

toe: err: w,:ste fraud end ar’r’u’ to, tire C oirirreheris,: e Users: ,‘\ss’.st,ntrcc’ Proittant

Pauc 9 sO’ 9

SECTION 26. CERI’IFICATION RI:GARDINC UNDO(:UMENTED ORKERS

Pursuant to Chnpter 2264 of the Texas Government Code. by execution of this Cost.ract, Suhre.cipcent he.rehy cert 6cr thatSubtecipient/Loeai Operator, or a hraneh. division, or department of’ Suhreeipient doer. not and will not knowingly ernf’ov anundocumented workc.r, where. undcxumented worker’ mourn an individual who, at the owe of ern.plovmera. not lawituilvadnritte.dhr nermanera, craft ta to the t doted Statet or at roe, nder law he emtrlon in that wanner drt:e,. States

S S S

C. Section .G4ad’t. Seh’.r:ce: rh-alt tern” “‘-“ ‘-‘‘‘‘‘‘‘ :t oltarcO. at a rota 01 0 e ttetccttt ‘‘

trio date tee W..’o’’0 Cotttie’ N af’reetrrent to the

SECTION 27. CONFLICT OF INTEREST/NEPOTiSM

A. Subrecipient shall maintain written standards of conduct governing the perfonni.ance of its employees engaged in the award andadminstratton of contracts.

B So eiuplo\ cc. otlicer, or agent of Subrecipient shall panic pate in the selection. ass ard, or adin nistratton of a contract

surported Its federal funds it a real or apparent conflict of interest ssould be insols ed Such a contlict ssould arise shcn theemployee. ot’fiecr. or agent. ann member of his or her immediate t’amiln his or her partner, or an organitation which emplos s orin about to emploY ann of the Parties indicated herein, has a financial or other interest n the firm selected for an award

C The officers, employees, and agents of the Suhrecipient shall neither solicit nor accept gratuities. fasors, or annthing otmonetary salue from contractors, or parties to subagreements, Subrecipients man set standards for situations in oltich thefinancial interest in not substantial or the gift is an unsolicited item of nominal value. ‘fhe standards of conduct shall providefor disciplinary actions to be applied for violations of such standards by oflicers, employees, or agents of the Suhrecipietit.

I) Subrecipients olto are local goscrnmental entities shall, in addition to the requirements of this Section. follow the requirementsott’ Chapter 121 of the I ocal Gosernnient Code regarding conflicts of interest of oft’icers of municipalities, counties, and certainother local ens ernments

F. Fail gre to rnaintair ritten standards ot’ conduct and to follow and enforce the written standard’s is a condition of det’ault underthts (.‘rntract and man result in termmation of the Contract ot deobl gatinhl of funds

SECTION 28. POLITICAL ACTIViTY PROIIIBITEI)

A. Funds provided under this Contract shall not be used for influencing the outcome of any election, or the passage or delkat ofany legislatise measure. This prohibition shall not be construed to prevent an ofi’icial or emplonee of Subrecipient fromrum sl’ i t is trmbcr i _osernin hear psi rmtues t ins other I so or tate ot i at oi mplonoc ti to ins

citroeti. in tdrmatiort in the hands of the emplon Ce or oftt,c al not considered under ass to be confidential nformatton .-\action taken agaInst an enipion cc or offietal tbr supplying such intbrmation shall sahiect the person initiating, the action toimmediate dismissal from etnplon meiti.

B Funds pion toted ‘ander this Contract mat not he used directin or indireetlt to lltre emp.lot.ees or iri ann other man tund orsupport candidates for the legislative, executive, or judicial hranc.hes of government of Subrecipient, the State of Texas, or thegovern’’mett of the United State

SECTION 29 NON-DISCRIMiNrTION AND EQUAl. OPPORTUNIT

.5 .5 re son ha, not be cnciuotcd Iron partotroton in. be denied the benefits 0:’. ha s0htexted to a.sct II rastort cider or beotenied’ emplor inert n the sdtt trstration ot it ooencctton :mtthaw rroera’n or arts its funded n mm hod ot in; rat: ms;tir teds

this Coattac:, or the ‘toands of race color. telicion. rev, iat,onai ortein .tce, dtrari,rto. ni.sirt;eal

Page ii of 19

SECI’ION 30. (;FRTIFICA1’ION EGARDINC CER1 A1N DISASTER RFIIEF CONTRAC S

he )erra ncr.: se.’. ‘erg . C oracs -.1e r:’’sec P;e’,stas ‘3 eon seeCr coerted of :. Cheer s roe::, ,::‘ a

C ode I i,. see Ka:r:es or one erher ser’eer ossrree at:er S:oirer 24. 2’ -$ ‘rasrsoj ‘esi:’, Sn a dde: a. cx St

cop.eeeeon Sr :5 a 055 riot warded be ted:r,t e’orererers: tsr reset. er’r c:’.

stowe ‘discs as 3 :‘es,,.t of Ii’aec as deCried be rim: 30 45- 1 :d::cs Code, Ilarecane Kat:na, or an’ otno:ds.saster occurrsnc atter September 24,

Flu execution of this Contract, the Subrecipient/Local Operator hereby certifies that it is eligible to participate in this Program andacknowledges that this Contract may be terminated and par mont withheld if this certification is inaccurate,

SFC’I’ION 31. .jINT FNAN(’E OF EFFORT

I’ unds pros ded to Suhrecipicnr. under this Contract mar not be substituted tbr funds or resources from ann other source nor iii ann

a as serxe to reduce the funds or resources which a ould hare been as ai able to, or pros ided throusnir. Subreeipicrrt had this Contractncr er been executed

SECTION 32. I)FBARRFD AND SUSPENDED PARTIES

[In signing this Contract, Suhrccipment certifies that its principal emplor ces, hoard members, agents, or contractors agents are riotincluded in the Fxcluded Parties I ist System (FPI.S maintained hr tire General Sers ices Administration iGSAi Suhrecrprenr alsoecrtmties that it a ill not award any funds pros ided hr Otis Contract to sine partn’ that is debarred suspended. or otherarse exDudedborn or ineligible br partierpatnon inn federal assistance prograilis under Executive Eluder I 2540. Suhrccnpicnrt agrees that prior toentering mnuo ann agreement with a poterrtrsul suhcorrtraetor that the serutication process to comply a nh tItus requureirienrr a ill heaeeoiaplislied hr checking the Sr stenr for Award Msrmiauement i SAM I ut wwxs sum gox arid including a cops of the results inn itsprorect tiles.

SEC’IION 33. FAITH BASED AND SECTARIAN ACTIVITY

Funds provided under this Contract mar’ not he used fur sectarian or inherently relieious activities sueh as worship, religiousinstruction (Sr proselytnzation. and must he for the benefit of persons regardless of religmous affiliation, Subrecipient shall eomnplxa fii the regulations pronaulgated hr the Ill IS at 45 C F R. 5C’ 2

SF( ION 34. (OI’ RIGHT

S:srt ee:tnseit liar eons rsghi materma! he’ bored me ne pertornn:ance or iF is Contract or a tb uCes expended order thn (“orntractDepartment and Ill IS shall each has Si rout/s —tree, n:onexeiusive and rags ocahie trght xi reproduce, p0—I sb ot otherss rue rise. ,indto authorize others to use, the copur: h nod work fur government purposes

SECTION 35. NO WAIVER

.A.’r right or rern:edy given to l’)eart:r’ent by this Contract s.hall nOt preeiriele the erstence of any other gO or remede, nor shallraker, a: tee exererse of .me. r:gi:t or :e:n:ede be steemed ,: sr.ser on .ne’. s’:he: eght ‘n errirees ‘.

,‘:r. sit

not eO:nst:ue a sss:rer of Depsnrt:eon: rmeht to e\e:a CC that or air other resinor re:n:edx at a ‘,i:or mine

L( [ION 36. SF\ I’RABII.I I

if any se.e.tiOn or provision of this Contra.ct is held to he invalid or u.nenftsrceable by a c.ourt or adm:ni.strat..ive tribunal of competent:urisdietion, the remaindier shall re.main valid and bindinst,

.E( 1 IO\ 3. ORl. I) RIFI’F\ .GR[[ MENIS

320 rri rsnrtan aer.ocnrs nenn’ tar Panr :r’.OO’C rca ma:tr Pa (Out-tree ‘t,’e

El. The attacements enumera te.d and denominated below ate a part. of this Contract and constitute promised errormances underthis Contract:

I ExhibbA. Certific.atton Reirarding t.,oht.w:ng for E.ontracts, Grants, Loar and Cooperanvediarec..ments

2 Es.hdiit FE. Ftaduet

S l.mtih;t C. PR\”OR.-\ Reuirenrents dir the Comprehcnsis c Eneres A ss:earrcc Prosrani

4 Exhibit I)> Documentatron of Disahilits

SECTION 38.5 PECIAL CONDITIONS

[5 order to achies e compliance ss di the I. [Ill-A P Act, 5.ubrecipient tttust coordinate ss nIt rather coerris related rrograrttsSpeciticitlis Suhrectpient must make documented reldrrals to the local Vr’ eatitericatton Assistance Proirrarti subrccipient and theI.tte [‘p I sans prnrssrarn administered hr the Public Cut its Commission oft cans

3 Suhrecipteint shall accept applications fr LEAP bcnefts at sites that are geontraplrtcallv accessible to all households tin theservice area, Subreciprettt shall provide elderly and disabled indin duals the means to submit applications liar CEAP benefitswithout leaving their residence or by securing transportation liar them to the sites that accept such applications

SECTION 39. APPEAIS PROCESS

In compliance ss ith the [.11 lEAP Act Suhreeipietmt must provide an opportttnttv liar a fair admtttmstrattve hearinmi to mttdtvidualswhose app1 cation tot assistatice is detnied. nerttn sated- or not acted upon itt a timely’ ttianner Suhrccipient roust esrabl nh a denial otset’s ice complatnr procedure in accordance 5’ mmli a5 In)5 the State Rules

SECTION 40. [‘SE OF ALCOHOLIC BEVERAGES

Funds pros vied under this Contract mar not be used for die payment of salaries tim arms Smmbrectpietifs ett’tploveas ss tin use alcohol is

bes erases n lit le on actns ‘e Juts . or tras el e’spettses expned or alcolioltc hen cranes or liar titC inirehase of alcohol mc heveranes

SECTION 41. FORCE MAIL RE

.‘\ Any o’f the followine, es•ents: (i) cata.strophic weather cisnditiotrs or onhe.r extraordinary e.iemertts of nature or acts of God: iii’:actsoi oar i declared or undeclared 1. iii) acts of terrorism, insurrection, riots, cmvii disorders, rebel lion or sahotaee: and ms

other simPer smns.saa actm’ons rebate!.. sirars ate..:.. ecu;: or oremen (a onernmenei -\athrir:t;’es and

ii ‘Fire. :mom:-rerarr:tring parts a without fa’mmit in caromne or failing to prevent the. oecurrenc.e cmi” a act-event, and arch occ.urrencecould not have, been cm reumvented hs’ rea.sotmahie precautions and could not: have been p’re’ve.nted or circu-n’tvented- through theuse of cc rtmmereially reasonable alte.rnat’ive source.s, workaround plans. or other tnea,ns,

Paste lb of [P

EC[I(>N 32. I VsIL iS OFT III. ESSENCE

%E(:II()\ 43. (:01 \TERP RIs ) F(SIMIIE SIC’ vIt RES

S

ash any such s nat.are shall have the sa..me legal •erfect as an

SECTION 44. NI’MBER, GENDER

(chess the eonte\t qcrsoil:erss se, the nords of the mascutine eundar shall ishade tlte fart nu and snarler words shalnelade tue pluiaf

SECTION 45. NOTICE

A. If notice is provided concerning this Contract, notice naav be given at the following (herein referred to as Notice Address)

As to Deprirtnient:

TEXAS DFPARTM[’N’t OF 1101:50cc r\N[) C0tNtLNlTY AFFAIRS

PO Box 3941

Ausiirv Texas 78711-3541

Attention Michael Dcvoung

Telephone (512)- 475-3950

Fax (512)- 475-3935

michael devoung -tdhca state.tx.us

M to Subrecipient:

Citu of lubbock

PC) Box 20(10

Lubbock, TX 79457

Attention: Phyllis Brown, Interim C D. Director

Telephone: (806) 775-2301 Fax: (806) 775-3917 Email: phrown:hmylubhock.us

B All notices or other communications hereunder shall be deemed gwen sshen deltvercd, mailed hs oaornight scm cc or five dirsafter mailtite hr certified or registered mail, postage prepatcl. return receipt ragucstd. addressed to the erproprata NoticeAd-dress as defined ni the shove Subsection A oI’thrs Section 45

IcIIO 46. ‘. ItE A\I) .H IIISDWI10\

This Contract dciivcre.d and intended to be perdarme.d m the. State edTexaa For purpoee.s of iidnation p-ursuant to this Contract,venue, shah lie is Travis County, Texas.

i.v ffective on

1 L\\S DFPAR1tE\’t OF 1101 SING \l) (OMNl1lT .\Fl- \IRS.

a public and official aiicncy of the State of leas

Tale: Its duI authorized officer or representati\ C

FIX \S 1)11’ RTIE\F OF hot ‘.IM, .‘‘,h) (‘OIht \l I IF URS

l\R.\(’\,) ‘.‘‘,f i()R LI’iZ.’

i\LR(N \‘.Siyi.\\rl i’R R’r’,t

C TO S “ -

in\l lilt -‘S

CERTiFICATION REGARDING LC1S13YING FORCONTRACTS, GRANTS, LOANS, A D COOPERATIV1EAGRLFAIFNTS

No teerai appro p ated wRits base beer nile or ssli be patd h\ ,lr on e[laIt ot the der’acnccf to ans pemon otiteine

or ittcnlptng to intl ucece an ofPcer 01 eitl[’iOs 01 101 aecite’ a member of coneress in ofticer or cmplo\ cc cone less. or anC S i I Ri 1 1 II’ I I t I tl Is t ml or i I is d 1maklne of sos ederal loan, tile eliterilic into of any eoopei till C agreement, or niodiication of any federal contract. utant, loan,or eooperatts e agreement

2. If any funds other than federal appropi mmd funds have been paid or will he paid to an’ person for influencing or attempting toitluence an otileer or etnployee of ani agency, a member of congress, an officer or employee of congress, or an employee of amember of congress m connection 111th thts federal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete arid ubmtt standard form —ELI... ‘ [)Iselosure Form to Report lobbying”, in accordance ‘a alt Its instruCtions.

3 The uttdcrstittied shall reitutre titat tIle laitguane of ths certlticatton he included ti time as ard documents for all sub—all ards atai,i tiers (including subeontraets. suh—irrttms. and contracts under grants. lomtls. amid coopematise aerccmcitte atid that allsub-rceipietits shall certify and disclose aecordinGs

cc titteation is materIal representation of (‘act on ‘a hlch rd nice lICs rlaccd when this transaetton ‘aas made or cittered into.SubtnssIon ot thIs certl l’icamton ‘a a prerequisite t’or maknir or cold ing into tilts tratisaetton ntiposcd hr Seettltn I 352. Title 5 1 - U S.Code Any person oho fat Is to tile the reps red ccrttlcation shall he sttbiect to a Ct\ II pnalt\ of not less than SI (‘Is si and tint morethan $100,000 or each such tailure,

City of i uht,oe.k

a politteal subdivisIon

Date

i-Ltg,e l.’ ii i’i

TEXAS DE ARTMET OF HOt SING AND COMMUNITY AFFAIRS

(‘ONTRAC[ fl••R•i1F FT\‘[-1[ \S’[’iT\( i’y-R \\t

[3133 I XFT

uhboc.a poi3tica atihdiv [sion

DEPARTMENT FINANCIAl, OBLIGATIONS

1 015 . (‘E.aP f DS CURRLn flY AVAIl an! I)

FR\II i!.!W;\!.’l lL’ AVAil \N[.L

BI.DGFI’ FOR AAJIAI3LE ALlOCATIONS

BUDGET CATEGORY FIM)S

.4:V.H 1 74(37)Th -

iict ServO. $ $3,054.00 -

‘lOlA!. CEAP B[’l)GE I’.

, 3 -

[It DGETCA I’E(;ORl FUNI)S

InusehoId CnOis .5 .441..527.00

‘FOFAL DIRECT SERVICES S :nSS 054 ii)) 103)00

SieevnnntN r’ .a ilnflis [ha clil.\ nil] aa

\n- ae UL ard a a ea: a

Funds may not be used Fr the nure.hase.. o mprovment t Lord or ore pureha.se Co suIT et.or. ur permanent inlprwement ui annbudding or facdity

Subrecipient is limited to ottly one. budget revision request during the first 6 months of the Contract Term Asecond and finalhadet revision must he received by the I)epartment no later than 45 days prior to the. end of the Contract Te..rm.

Subrecipient shall pros dc outreach services under all components 1 this category Fatlure to do so may result in contracttermination Suhrecipient must document outreach whether the outreach is conducted with CEAP thuds or other duds

Puge l7ofl9

n:\,s In I’ \Ri AIINT OE HOt sI\( \D O’1’1t \I I ‘ .I FAIRS

‘l’t-\i’i \( ‘

;‘fiRl l’”Vi r’\i’RCY ‘\i.\\r’C PRt,iCP \V ‘(‘I* .o’

art irrd:s!uai ire sir ilHIt-\P a Suh’re:ireri: trust S mitt itie i10i\ agar oi lillL\b :‘urmL i aimuoJ;nc ridei the [‘onal Rponirihiits Jilt \Vok Opportuimits \ct ot 9556. l’R\\ OR \ i, l’ab I

Stat 2 5, codified at I,’ S C C 6* et, see us ‘,mendeo the Omnibus \ppropriations \et, Pith F

lo ensure that a non—qual tied applicant does non receise ‘tudenal puhhc benefits, a unit of general purpose em eminent thatadmtnisters Idderal public benefit programs” i required to determine, and to verifu the individual’s alienage status before grantingeligibility, S C S C 642 Ia) and ch) Subrecipent must use the SAVE verification ss stem to verify and document qualified alieneligibility

An exception to the requirement of verification of alienage status applies when the applicants eligibility is determined by anon—profit charitable organization, ‘To he eligible l’or this exemption, an organization must be both ‘nonprofit’ and charitable, Anorganization is “nonprofit’ it’ it is organized and operated for purposes other than making gains or profits ftmr the organization, itsmember or its slmaicholders and is precluded from distributing ans gains or profits to its mnienibers or shareholders ‘tn organizationis ‘‘eharmtable ‘ I it is organized and operated hr charitable purposes The term ‘‘charitable’’ slrouldhe mierpreted in its generals’accepted legal sense as des eloped hs iiidiciul decisions it includes onzanitations dedicated to relief of the poor and distressed or theunderpris ilesed, as o elI as rd it moos Is —al I’il iaied organizations and educational organizations l’edcral Register on Covenrher I 7.997 at 62 Fed Reg 91344,

Pate IX 01’ I 9

FI\\% 1)1-P Rl I1Ni Of 1101 %I\(, NJ) (()I1( NI I U F \IR%

-ill\iRF\N:N NFrR \N]’- \\ ‘R k-\M

I-X1!ll I

D()CU4E.NTAT (iN DISABILITY

CL\I’ hss ijUn jih.hY or ho-shB

1 Jid Suhi upunt hau Oui -;S [AC423td )i No oDor reir onir am ha,o. iclui medical easons. shaIi he acceDed Notsr thsiandiiie the rro sions undet

AC IC 1 AC 4C2 rh F-\C -42Th cc IL TAD 5 422idt 3. and 5.423dM4L under NO DIRL NIS1A\ClS should chentCmedical ulormat;oi: he collected or (opt hs Sabrecipents

2 Documentation of Disahil ttc- must NOT mci ado protected health nlormaton as dethned n the Texas 1--lesith and SaIdlu Code.Subtitle 1, Chapter 8


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor to executeContract 11186 and all related documents with Texas Department of Housing and Community Affairs (TDHCA)for the Community Services Block Grant (CSBG) to provide assistance to reduce poverty, revitalize low-incomecommunities, and empower low-income families and individuals to become self-sufficient.

Item SummaryThis resolution is a renewal of a grant that provides assistance to local communities to reduce poverty, revitalizelow-income communities, and empower low-income families and individuals to become self-sufficient.

The source for this contract is a pass-through grant from TDHCA. The actual amount allocated to the City for FY2013 is $367,596. At this time TDHCA has released approximately 25% or $91,899 of the allocation and willnotify the City as it makes more funds available.

The contract is an electronic signature contract. The period for performance of this contract is January 1, 2013through December 31, 2013.

Fiscal ImpactThe maximum amount to be allocated from the CSBG for this program is $91,899.


AttachmentsResolution & Contract - CSBGCSBG Allocation Notification

RESOLUTION

BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF LUBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute forand on behalf of the City ol’ Lubbock a Contract. b and between the City of Lubbock and TexasDepartmLnt ot I-lousing and Commumt\ Allairs br the Cornmunii cr\ ices Block Giant#6130001572 to provide assistance to reduce poverty, and all related documents. Said Contractis attached hereto and incorporated in this resolution as if fully set forth herein and shall heincluded in the minutes of the Cit Council


_____

2013


ATTEST:



Phvllig Brown. Interim Director Community Development


c—:>

Am ,hTs \ssistanLtarnev

gsrRes,CDt3GTe\Depi of 1tousrng-Reduce Poerty. 131.24.13

‘I[\\S DI PAR’lsIi.’%l’ 01 1101 sING k\D (0\IlUNII ‘, AIFURSI It-SC I No (l I3mot”2 I-i I II

•) oOIatl’lt NI IA StAgS eq s BLULK GRA\ Pits IrtEASI rOtCCtIA993.569

sFl ION I. P Rl’IES TO ‘FIlE (ONTRA(T

CsBL C e:: \ 113 01’2 a rae eoo:a:, rrsce as a”,O rv:eea ac iea,w

ce Loar’aat’, At’.s. a-card o:Oc,,: area a: :a a Siroc : 1 Parer the l,taaa:’::rer cad Cit oflubbock a p ta. s,”O.v;s;gr a: a’ \r,src a; I are era rh,5 a..h:a,j as.

SECTION 2. CONTRACT TERM

Ihis Contract shall commence on .htnuarv 0!. 2013, and. unless earlrer terminated, shall end on December 31. 2013harem the Conpact Term”).

SE(1 JON 3. SIBRECIPIENF PERFORJIAN(I

[‘Feast to Chapter l or the Commun:tr Sen xas Block (0mnt Acm 32 S C t000t at seq heiem tIre ‘CSBC Act.us amended hr the “Conmmwutr Services Block Grant Amendments of 1904” (P.1. 03-252) and the Coats HumanServtces Reauthorization Act of 1998 (P.L 05-285): Charter 2306 of the Texas Gin elnment Code (herein the “StateAct” I: the aplementing State regulations under Title 10, Part Chapter 5, Subchapters A (except those sections mSubchapter A that relate to the suspension, reduction. withholding or termination of funding) and B of the TexasAdministrative Code, as amended or supplemented from tiitie to tune herein the “CSBG State Rules” I: and theDepartmenfs guidance related to CSBG. Subiccipient shall operate on an equitable basis throughout Suhrecipmenfs sers icearea and shall util ice turids fr the reduction of SuCcOr - th revital cation of communities. and the empowerment otlow -income tOnal as and individuals to heconie fully self—sutlicient. Subrecipient shall piovide services and acm. ties otlie tape specified ri 32 U S C. )) 9901 9007 excluding ct. and 0908 Subrecipient agrees to pcrltirm all acne ties in

accordance w oh the annual Comniunirv Action Plan as det’ined in Section 35 of this Contract, the terms of theperformance statement and budget submitted with the annual Coinmunmtr Action Plan appros ed by the Department as saidperlormance statement and budget may he amended from time to time, the Certifications attached hereto as Exhibit A. allsuch Exhibits incorporated herein for all relevant purposes: the assurances, certifications, and all other statements made bySubrecipient in its application for funding under this Contract, and with all other terms, provisions, and requirementsherein set forth Subrecipient shall perform non-administratie services under this Contract beginniii on Januar 7.2013 and continuing until the end of the Contract Term in accordance ssith the (SBG State Rules, amended to heel’kctive Januar .. 2013. Subrecipierfs service area consists ol the fuliow’itig counties

[,I’BBOCK

SEC’IiON 4. DEPARTMENT OBlIGATIONS

-S In consideration of Subrecipient a full and satisfactora pcrCmrmance of this Contract, Department shall reimburse theactual allow able costs for adminiairatie’e expenditures incurred hr Subrec:pient during the Contract l’erm amid br theactual allowable costs Kr n,r;i—admmnmstratms c e\penditures ncuired hr Subrecipieni on or after Januara A 2013 in anam ocnt tmp to SO 1.89900 mn accordance mm rh the hudeet as appros ed hr the Departrrmerrt and the terms of rumsContract.

B.Any decision to obligate additional funds or de.ohligate. funds shall he. made in writing by Department in its solediscretion based upon the status of funding under grants to De.part.ment arid Suhrecipis-nt’r’ overall compliance with theterms of this Comract.

C Depar’.men: oblmaat:orss tinder ‘,nis Co:rtrat era con:rra:e:mt spun the actual recerr’t ot adasa;e C’SFtrl ‘usda Omit the

I S Dc’acrtaraat of I’halth ,mn.i hlmma Sara ;as )irerei:’._-.:tar tIllS’ tint: rae N ,taoi’ I a\as. I: Sn::: treat Lads sea rot

tm :seka par ‘a,aa’: ma:dcr Contract licptirmmermt shall rmottth Suhrscipter: a sermsne n tins a seasoruhe

Depmnnmnea: shall their :anrs,mate mrs Contract ,,atm nA nit Se ;rsrbla Or mime failure i,

make an) par :rrcnt to Subi eciprent under rho Contract Department uknow ledges that mm has reeds ad obligations from

those source.s wlrseim, if paid, w he su.fficiermt to pay the allowable costs incurred by Suhrecipienr tinder this Contract,

Puc I of 12

to 5,r’re me:: esDe.t,m teen:.

2. r.re not ailmvshie. cos’t.s, at. et fdrth in the CSBG Act:

3, •are not strictly in aceord.ance with the te.rms of this Contract including the e.xhihits:4. have not dean renorted to p’ient within lhrty-five (45) days ihilowine termination of tho Contract:5. are for rues nnlstratvee\rninses ittcrre:f unm January 2:i)3 to Jaiue,.rs r’, 2.O’i3: or

“‘-V __

—VV-V

n. :eac:tee tue ‘—“-‘“-—‘‘ ...V.V_.5-V,V-V-.,- itn’tern’-es let’- ri’: ‘-anti

0-’- C’’—’ nmmr:un: ‘St-w suCh ml:, sun t)t:ee:. . Cuvs ann:

Depa.rt.ntc.nfs rem: st.

F Department shall not melease. any hinds under this Contract until Departtnent has detennined in writing thatSuhrec ipie.nfs fiscal control and futtd accounting procedures are adequate to assure the proper dishursal of andtccountina tAr ueh funds.

SECI TO\ 5. METITOI) of P.\’ IFNT.-CASII BALANCES

\ Suhrecipients univ request art adsanee (At up toth:riv dms. As pet the F nitbtm Crant Management Standards 34I .\ C Chapter Subchapter I there:n ‘ . C MS.” a cash advance mist he lime ted to the minimum .rnmr”unt nceddand be timed to he in accordance with the actual, irtmediate cash requircatents of the Subrecipient in carrying oLit thepurpose of this Contract.

B In order to request an adsance payment. Suhrecipient ittust submit to Department a properly completed ExpenditureReport that includes a request for advance funds (Proicetcd Expenses) together rtith such supportint: documentation asthe Dettartinent mm reasonablr request.

C Suhrecipient shall establish procedures to nurnirnize the time elapsing hetsveeit the transfer of thuds ‘ruin Department toSuhrcuIpient and the disbursal of such funds hr Suhrcc.ipicnt

I) Subseetfoit 4M of this Contract notwithstanding, Department reserves the right to utilize a modified Costreimbursement method of payment, whereby reimbursement of costs incurred by a Subrecipient is made only after theDepartment has reviewed and approved backup documentation provided by the Subrecipuent to support such costs (hrall funds, if at any time I) Department determines that Suhrecipicnt has maintained cash balances in excess of riced.(2) Department identifies any deficiency at tIme cash controls or financial management sy stein used hr Subrecipicnn. or

0) Subrecipient fails to eoinplr suith the reporting rcquurcments of Scctuon Ill of this Contract

I: All funds pad to Suhrecmpient pursuant to tIns Contrac are for the par nieni of allowable non—administrative expenses

incurred on or aticr January 7. JUl 3 to he used for the exclusmvg benefit of the loss-income population of Suhrecipienfssers ice area and tor allossahle administrative expenditures

1’ Department nay offset or withhold any amounts othersvise osved to Subrecipient under this Contract against anyamount owed by Suhrccipient to Department arising under this Contract.

SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A Except as expressly modified hr law or the terms ot this Contract Suhreeipment shall compir ith tIme cost pr:m:cmplesmd uniform aJminisiratvc

reimuirenmenuns set m’cnlm mu the I (dM5 All rethrcnces therein to local em e:nmeni” shall beconstrued to ine:nn Subrecmpment

II Except as e\pressly modmt’ied hr law or the terms of mhm.s Contract. Suhrccipicnt shall comply si nh the uniform ansiprinciples for local, state and Indian tribal governments set forth in CMII Circular A-X7, as intplennermted by 2 C F RPart 225 and unifornt administrative requirements for governments set forth in 0MB Circular A-102. 01.413 Circularn\-l33 5Audiis of States. Local Govermtments, and Non—Prsfit Organizations,” sets forth auWt standards foreove.rnmentai oreanizations and other ormuinizationa expendittg’ Federal funds, The expenditure threshold requiring an

tt undu: elm edit 4-i 33 is 45’ ,,w5 of Federal hinds or S : of Stuic ‘ends

s \omrithst,m::J:tet urn otne: t’ro\’isuon of :hts Corit:aet. i)eti,rttren: situP ohs se tuNe to Nutt:ectrtien: 0: cOSts tteuttedor perfsresi:inns :‘rdernd fl: net’, ties siseci:ied tu the (Silt) \:

DSuhrecipient tries incur Costs or activities ,mssociated with the closeout o: the CSBi2 et’mttract fur a perioC not to exceed0—i f i4 ann t otis tit 0 tic C ontr I cml dJ it cd i SantS tt 2 o1 lb Ciii tmra

%I-( {l()\ . I) It’II 1lON A’I) SLSPF’SlON

-\ , ‘cr F $ l)ctrartoa’-t rto:_:a 0 stretrh thus so ushoD ‘s s rtas-t so’, s’s

or ,st ‘‘-‘-‘: :5,’S. ,‘

Cd ore. to sC s ith ens rtrs riDs Co ract ,‘r ruasonahie hiD sat Subtec start astor, or us sos tsphs wsththe requtrem sts ui this Contract H the Depart cot de.te.rmines trust arts Suttreettncttt Sass FusIon to cosrthu with t.heterms of the Contraee or to provide, services brat meet appronriatu sta.ndards. eoals, or ot.her requiretrtsrnts establishedhv the. De.partrnent, the. Department will nohfv Suhrec.inientof’ the deficiencies to be. eorrec.ted and reouire thede.ficiencies he corrected prior to im.t’ rm.entins’ suspension

it Dotning ‘ ‘, SSSLtIOfl bali t’cconst.rued to to it Densrtmen$s authority to onottoid pavmc nt sod smmeditsteiv

st Dcp.ir::saass: sars:shc, ‘os Cc ra,usncc,:‘ sash ham, ss,s:a, is,s

S S

a action hr Saibsacissiata: or adcci’cosr hr l)ar:r’ttne:t: tsr tcrsts;ssa:ct sir,

( Department siruh not ne I tictot otto costs ntciitcd ho’ Subtectrsctrt at’tar tetmstisitsrs or during ssas:’cn’.sonottitsL.ontract,

1), Notwithstanding any exercise he Departme.nt of Ps right of termination or suspe.nsion, Subrecipient shah not berelieved of any liability to Department for damages by virtue of any breach of thss Contract by Subrecipient,

SFCT1ON 8. LSL OF FUNDS

S abrec ipsent mae set use hands under th is Contract fr the rurettasc or repros ement of land or the purchase. construction.or permanent imprirs ement of arts building or other tdssilitv ‘This pros ision mar be ss .iss ed in the 1)cpaitlmnfs solediscretion as outlined in 42 USC PP ISta 2>

SF(:’I’ION 9. RF’ORD kFEPIG RFQIiREME’TS

A Subrecipient shall maintain fiscal and progransiriatic records and supporting documentation for all expenditures madeunder this Contract in accordance with the UGMS and Section III, Common Rule State Uniform ‘\dministrativeRequirements Dir Grants and Cooperative Agreements, Subpart C -Post Award Requirements. .42.

It Opeit Records Suhreeipient acknosvlcdges that all information collected, assembled. ci maintained hr Subrecipientpertaining to this Contract is subpect to the Texas Public Information Act, Chapter 552 of Texas Goxernmemim Code andmust provide citizens, public agencies. md other interested parties 55 itfi reasonable access tim all records pertaining tothis Contract suhiect to and in accordance is ith the Texas Public lnfortttatnoti ,\ct

C Subrccipmcnt shall give tIme III IS. the U S. General Aeeountinq Office, the Texas Coimmptroller. thc State AuditorsOffice, and Department, or arts of their heir authorized representaitis es access to and the right to exam inc and cops’. onor inff the premises of Subrecipient. all records pertainine to thus Contract Such right to access shall cent inue to Ringas the records are retained hr Subreenpient Subrecipient agrees to maintain such records in an accessible location fotthe greater oh (ii four (4) years. (ii) if notified hr the Department in smiting, the date that the final audit is acceptedwith all audit issues resolved to the Department’s satisfactiona (iii) if any litigation claim, negotiation, itmspeetiots, orother action has started fore the expiration of the required retention period records must he retained until completionof the action aitd resolution of all issues which arise under it; (iv) a date consistent is tb any other period requsred byfederal or state law or regulation Suhrecipient agrees to cooperate ssitlt any examination conducted pursuant to thisS ubseetnon I pons ternttnation of th Contract, all records arc property of the Department

1) “ i> n n”n i hi i a i h 1 t i i t ‘mi x trot S tn u inn a

%Il(’l 101’. 10. RI POR1’I.\(. RIQIIR[ 11l’.TS

-\ S’.tec,t’en: u’ kermit me’ ‘m lit :he ret:,: “-“ ‘‘ :1::, r:e:r mit’

l)ctritt;rC”’,:, us,: it,.: c: .: :e i. tee::— ,:sm.ke’,: tnC

B. Suhrecipicnt shsl ehe.tronical lv ii hmit a Perhsrtn:mc Report and [Its pendtture. Report to the Deparunent on or• heldrethe fifteenth •tthl d.ay 01 each month fril’ ant eq the reported month in t.he. Cont:act Term, regardless of whe..therSuhre.cipient makes a fund request. Suhre..ci pient must tile a •rontltls Perfdrmance and E.xpenditure report in a time[ymannel.’, prior to accessing fund.s. The. fkihurc of Suhrecipient to provide a. full acc.ounti ng of all flunds e ‘mended underthis Contract shall result in the nutomatic ssispcnshtm of the ahilite’ sit’ Siihrecipient to request reisthurs rents and shallhe ide.nti edaisfl i:ding in ‘mean ottitorine revie.w in cccrdance with, the State CSBG Rules.

C kestcc,tsevt mel s,hm’t i tiast ie:t’:nint:cc Re:’:: mat ,s l’itad .‘rct:dtt:re Reps:: ::ei)eanttseet stIr: ttse end st

the Cottrset 1 er:t: Ssh:c-elp:c:’: ret tie a It’s: i’etirn,a tee ard F’apcad::-c: leer ‘a thincant ot the Contrast sue rr:et 10 acces’inc sties the sumeuccet ccci scat Inn tatstc an N:ststet;pieut to

prevtde a that ‘mcoiint:ne u-f ci t,t:Je expended cadet :h;s Con:rae: shah er-se: ire ebilits of Sifrec:p:ent to

I) Suhrecipicnt shalt annually submit to Department, no later than tBrtyfivc 145) dan a after the termination of thisContract, a cumulative inventory of all equipme.nt acquired, in whole or in part with funds received under this orprevious CSBG contracts. Upon the termination ut this Contract. Department may truasfer title to ans equipment tothe Department 01 to arty other entig receiving CSBG fads from the Department

Subrat pie at ‘ails to submit as thtn forts is c 45 dan s ot its due stile ant tcprt or response retmired bn thisContract. mel udmnic responses to mon tort-nIt reports. Departtoent man in itS sole discreton, suspend pt meats, placeSubrccipment on Cost remburseirment method nt pan ment. attd initiate proceedings to terminate the Contraca itSubrectpient rcces es CS1-3G tuitda front Department liver two or more coiitrtmct terms. termination proceedings man beinitiated nit this Contract for Stmbrccipient’s failue to subntit a report. includina an audit report, east Jue thorn a norcontract

F Subrecipient shall provide the Departtnettt with ti Data Universal 1’\Limhcring System (DUNS) number and a CentralContractor Registration (CCR) Sn stem numben The DUNS number must be provided in a document from Dun andE3radstreet and the current CCR number must be submitted from a document retrieved from thehttps:/!www.sam.gov/pom-tal/puhlicS \M/ avebsite Tltese documents Insist be provided to the Department prior to theprocessing first pat ment to Subrecipient. Subrecipient shall maintain a current DUNS number and CCR number forthe entire Contract Tenn

SEUTI01’ Ii. (‘II,\GES ND AflNF)MIhNTS

\ .\nvchanste. addition. or deletion to the terms of’ this Contract required ha a cnantmne in state or federal lan or regulationisiutomaticalln ntcorporated herein iiid is cilectis c on the date designated bn such lisa or regulations

13 ltxcept as peciticali provided otlterwisc in this Contract, any changes, additions, sir deletions to the terms ot tltisContract shall he in writing and executed by both Parties to this Contract, If any Pattt returns an executed copy byfacsimile machine or electrottic transmission, the signing party intends the copy of its authorized signature printed bythe receiving nachine or the electronic transmission, to be its original signature

1.. 1 lte Departrtient ti :1st recei a e ant Contract amendment req uests it: a iC nt no later than idiSa ri ye 45 dan prior to theend the Contract l’erni

SI CTION 12. PR0GR.l INCOMII

Sjblecip,,c9t shah sCciliiilt Ian and eapetid ‘rocrant itcome dertved from etc tn_s financed ti clinic or 1 pin a tt tendsprovtCed stn_tcr :1:5 ContrCct 5 tecriancesaitti :rie Lull S. Contn:oti R ale. 25 end t.t 113 C irculir .\- : s ttschmenL

Page 4 of 12

SF( I’I(Y% 13. 1 F(II\l( .S%I% I .\\( ‘F ‘I) lO\I I’ORI\(;

Depa.rtment nra ‘ore t.ec.hrneul .uidanee s explain tfm rules and orovide dtteetions on torsos of thts Conr.rac.r. i’)uparrmentor its de.aignee may c.onduet periodic on’she.’ monitoring and evaluation of the effic.ncv economy, and e.fflcacv 0)

Suhrccitrienf.s erforrrtance. of this (tntruct. Department will advise .uhreerient in titing of situ deiieien ‘os notedrot nitoriro t.)utmttent ill rsrovide tec. neal trssoruoo to ‘ e.u_’ooerrt oral roil! roe. onto or .srnnr_erout •eha nee

noteS t)otrar: urn: tori’, o’r: ts’lR’.,,r ‘. sits tnt ‘omens

rears i rnent ittetinnid of pa: ‘ornt, 5 spend or terror nuts this Cr ttun’ot, orr n’ eke other roirnedres m the event n:nomtoringor other re.liahle sources gver.il material defmciencies in Suhreeirme-nfs perfkmm’m ance or if Suhrec.inient idils to correct anydeheie.ne. wit.hin the. time allowed by fdd.eral or state law or regulation or h: tlte re.rrns of this

IO\ 14. 1)FPFDL\’I StBRE’(’lI’IF\’I

.Subrcu SOSnt mx an nnJctsommdent contractor Shremprerit igrew to told Depamrr:ie:mr narrtrie and, to rite extent .n,:oned tolasu, atdemnith it anzamnst any dmsallowed eots or other claims whmclt may be usserted by sri: thmrd part: in connection withSuhreempmenfs performance of this Contract.

SEC’II(Y\ 15. PRO(’[REMIdN’l STANDARDS

‘\ Smibrec mpmenr shall corrupts’ is rh 4n C I’ Ii Parr 02 dir IdGMS. this Contract, and all appi cable fdderal. stare. and locallass renulations, arid ordinances tOt rnrakinnm procaremermts under this Contract

B Subrccmptent ma’ not use funds pros rdcd under this Contract to purchase personal property, equipment, goods, orsen ices with a unit acquisition cost (the net mrtvoice unit price of art tent of equipment) of more than $5,tioO unlessSubtecipient has received the prior written approval of Depanrmettr for such purchase

C \\ rca the Suhrceipient no longer needs equipment purchased o ith CSBG grant fund5. regardless of purchase price, orupon the termination ot’ this Contract. Department nay take possession and transfer titte to airs such property’ orequipment to the Department or to a nirird parts or nras sck reimbursement ti’onr Suhiccipient of tire current unit priceof the item of equipnrcnt. in Deparrirmerut’s sole determination Suhrecrprcrut must request perinissmoir t’rorii theDcpartnient to tmanstbr title or dispose of equipment purchased with CSIts’i grunt hinds

SE(’TION 16. SUB(’ONTRACTS

A. Subrecipnnint rrias rot subcorrtract the primary performanc ii f this Contract. irrcludrnmr but not I mrrmrrcd to expenditureand performance reporting and draw mg ‘arid through the Community A ‘tans Contract S stern, arid ninly oras citter introcorntracrual agreements for consulting arrd other prolbssional services, if’ Subrecipreirt tins reeds cd Departmernt’s prrorwritten appros al Subrcci pient roan’ subcontract ‘tsr the delis en of cl rent assistance w irhout obtarrrina Deparrincnfsprior approval Any subcontract fOr rite delivers no’ client assrsrtrnce svill be subrect to monitoring by the Department asper Section 13 of this Contract

B In no event shall any pros isron of this Section lb. specificalls the requirerrrent that Suhrecipienr obtain Dcpartmeirfsrim written approsal of a suhcorrtracror. be construed as relievrrrg Subrcciprent of the rcsponsmbnlmts for erisurirrg thatthe perthirinarices rendered under all suhxonrrrrcrs are rendered so as to corrtpls with all of tIre terms or this Contract. as

srneli psrtksrirrances rendered were rendered by Srihrecipmeimr Departrrrent’s appro’ 5m tinder rlr Seotrorr dons norco:tsti:nmte adoprrorr. ratmticatrorr or rrccepmrrrlce of Subrecipment s or’ subcontractor’s performance ltcreurrder l’)cpartmentmsimnruntms the rmnlrt tcs monitor arid require Subrccnp:rnt s full corrupliance n oh the terms of’ this t,’onrract, Depantrnenfsapproval tinder rhms Section does trot waive any right of action which nmnay exist or which may suhsequcrrtly accrue toDepartmcrmt under thms Cssrutract

SF( lO 1. Al 1)1 I

A sun:oc’pmcrtt smnSn ,irratmrre to: t mrs pertor:t:anee ot art aorraan tmnartctu. atom eorrrrsmumnos o,unnint ot t’uOts roCn’nn us antiporter mr andes r’c;tS mod under rt Contract. smmhicct to the t xl lowing cotrd mt antis arrd I nt: I tatmons

i.Suhrecipie.nt shall have art audit cormdueted irm accordance with 45 C.l”.R. §92.26, 0MB Circular A 133: and 31‘1.’ S.C. 7501 dr any of nts fiscal years included within the Contract ‘I erm in which Subrecipiermt has expenses oftnOrc’ IrOn 55(51.001) instate funds. er 5500.Onlit’!’. In Idderal t’ntrartcial assistance grounded by’ni! ‘wIener! agescn mu the

on’ n,r,n:tt eorstt,m’o, nountS, nm nstnar,mn:too:, tmeOeo.’, Coinroratnic amsemotn.tn n:ntorest nrbydno5 mt’onr,nm:co orJnron’:.mnrp.ninnnttnom:s. but In,,ns’s ntot n:!nrde dmren: ‘ednenuin cmii anrntxt:rrtce to rrrd!snntm:a!s l’tto moOrsosnsta:noo irtendes as’atex of tiflitt 0 ,tusista:nnu rsn’enso’a Jmrecnms rim tetinsrul nosricies, or m:tdi teem:

SOts sod sea. s’nnscmtmnrtcmnn

Page 50112

S

natrment. anrirt’ or stabiishtrnntf ot Sahrea pient rs’mlt received., eanended, vi’ otberrrase on ministered feral

3. Norwit.hstnnd.ine a.nvt.hine to the e.orrtrarv herein, Suhre.c.ipient may utilize fund.s hudg.etc..d under Ibis Contrae.t toOr that nortion or the cost n: such and it servie.es prooe.rly allon’ Me to the aetivitie.s fi.nded h-v [)epartrnent

cvii’. ‘n as

t)cpftrner’s ff5:: nu ‘ ‘“‘‘‘‘ Ills :aaen :n ‘‘‘‘‘ 3:: Ia ...v .,f ..,.,

rune (9) months alder the end of cue I: fiseai period inci-uded within the periodo lOis Co ract. Audits nerftrrmedarrder this section are subject Ic revie.w and resolution of findings ha the Detra.rtsmeat or authorizedreoresentative

13. tcv:rs t:hnand:ne rat t’:nC i::esu to csrr::ra:s . l)er.,rtr—eut n’sc—rvss die t:ehtsue,: ct tunsnr’scc:seu .rC nertvrfr’tffons rcaste:eu turner tn.< (,eatrw: yutrrstct’:em ante, re

Den, :‘anct it cr : autiiot:eed :strt’esea stue a’ o:J:t Subrec:r:ett: s records red to oi’fnn ins o,i.nfcats

inform,st:on neona-,ar, to tm i:tate Sw sraJt yucn finane:,il attn corrrpl state aud::s trait ocast .rt’tet the COtS ot theContract Term,

C, Subreciprent understands and agrees that it shall he liable to Department tOt any costs dtsalioswd pursuant to financialand compliance .sudrt(si sit funds receised under this Conrr.vt, Suhreeipent further understands and agrees thatreimbursentent to Derar’tmerrt of souls disallowed costa shall he pard 0 Subrecipteir: from funds a hicli a crc trotpros tded or oMens se made as triable to Suhrecipicnr tinder rhrs Contract

B. Strbrecipient shall facilitate the performance of such audit or audits conducted pursuant to thts section as Departmentmat require of Subrecipient,

P All approved CSBG audit reports shall he made asailable tbr public inspection within thirty’ (30) days atier completionof the audit,

F’ ‘lire Suhrecipiemrt stratI irrclude larreuage iii airy subcontract that prourdes the Departmcnr the ahulirs to direerla review,twin icr. and .‘or audit the operamiurrrat and t’inaiiciat perforniaimce and.’or records of stork pert’ornicd urrder this Contract,

C, Department reserves the right to conduct additional audits of tIre funds received and performances rendered under thisContract , Subrecipient agrees to permit Department or its authorized representative to audit Subreciprent’s records armdto obtain airs dociirrrents. materials. or in forirrarion necessary to facil tate such audit

ti Fur arts’ fiscal sear circling us thin or ummectrarels athcr tIme Contract l’errm Siitrrecipicnrr rnusr submit art “AuditCern t’icatiorn Form” tax tuilable from the Dcparrrnemit I witttirr sent (dir) dat s alter tire Subreeipienfs fiscal ear ettd

SEC’l’ ION 18. TRAVIL

Subrecipient shall adhere to 0MB Circular A-87 and either its hoard-approved travel policy. or the State of Texas travelpolicies Suhrecipienfs written travel polics shall delineate the rates which Subrecipient shall use itt computing tire travel

and per diem extrerrucs of rts board iricnihers arid employees

SPCTIO\ 19. lITIGATION ANI) (‘LAINIS

Subreempient shall tnrnrcdratels provide Department sarh written notice ot and claim or action filed avith a court oradministrative agenca against Subreciptent arising out of the performance of this Contract or ant subcontract Itereunder,Subreciprent shall provide Department with copies of any and all relevant papers Suhreeipierrt receives with respect tosuch action or c.laim

SIA’[IO\ 20. nl(; L, AL TIIORITI

that it possesses thc ices, .isfus’: ts to crier into thu Cvacset, to recess andnr:tirsee the. fatal-s aut’horieed by this Contract, atrcI to perforn’r the services Subrecipierrm has ohltrrrred itself to Irerthinahereunder, ‘fire execution, delivery, artd performrratre.e. o’f th:s Contract will trot iolate Subnec.ipienfs con-stitutivedoeu:ne.nts or arra’ requirement to which Subrecipient is suhie5 arM repre.sents the leg.ai, valid, and hindittg aereementof S uhrc.cipiemnt. erri’orce.ahie in aecordarrce rr:.tir its teens.

Page 6 of 12

S S ‘ S

Suhrec.ip me i t.he te.rms, tIres isions a.nd •v aces herein

C. Depart.men.t shall have the right to temirnate this Comrac.t if t.here a dispate. as t.o the legal authority of eithe.rSubrreciie.nt or the person signing, this. Cont.ract on behalf of Suhre.eipient to eter into this Contrse.t or to rserderpert.hrsan.rtrs hereunde..r, Sibrteipcntis iable to Dcirrrrrment iCr ens money it has re..crvcd f’rs;Iri Depa.rtme iii forperformance of the pro isrs’ns of thi.s Cirntract, if the i.)enrrrtment has terminated thrs Cont.ract ICr ‘-anon

SI C liON 21. (OIP1 IA\(i 1111 LAS

.•‘•\ FJdi3jE.’R.e\L 1.AK.A,j LAW. SubreCtacre shall eornplr with the CSHG Act, he idderal rules andregulations trromuigated under the CS.[3G Act, the State Act, the Stare C.SI3G R.ulcs. and all federal, state, and locallaws and regulations applicable to the jpc.rfbrrnance of this Contract.

Is GFR’WORKPLCF. ACT OF,, b5 i’he Suhreerr’rent aflirms hr signing. this Contract that it is impiemerirmoDruir’I’rce \\ orkplace Act or ‘88

FEc —Cliii DRI’N AC’l’ OF’h3-i. Sueciprerit shall Clew the rcqwrcmenis of the [‘ro—Chddrcn Act ot h4S C Sec e’ Set seq n rich requires that smuts inst rot be tr:rmrttcd it any port on of ens ‘door f,icilits siss’ned or

leased or coniractd hr en earns at vi used routirrcir or ceularir hr the pros isan of health, des care. edua:ion, orhhrarv scrs ices to children under the ace f l 8 tf the sers ices arc funded by Federal programs either directly or throughStates or local governments hr Federal grant, contract, loan or loan guarantee.

1) LIM1TEI) l3’1JIl PRL1,FllF,NCY,,, I liP). Suhreeipients must provide program applications, forms, andeducational materials in Fnglish. Spanish, and any appropriate language. based on the needs of the sers ice area and incompliance ss rh the requirements itt F\ecutru e order 13106 of August l I . 2i.UU l’o ensure compl it rice. theSuhrccrprcnt must take reasonable steps to insure that persons ss ith limited. lIngI sit Proficicncr have mean irigl’ulaccess to tIre program \lcaninful access mar entail provide langtiags’ assistance scrs ices, including oral and ss rrttentransiatsotr. ss here necessary

SECTION 22. PREVENTION OF WAS’I’E, FR..t’I), AND ABUSE

A. Subrecipient shall establish, maintain, and utilize systems rind procedures to prevent, detect, and correct waste. fraud,and abuse in activities funded under this Contracl, ‘l’hc systems arid procedures shall address possible waste, fraud, andabuse hr Subrecipient its employees, clients, vendors, subcontractors and administering agencies Suhrecipicnirnterirel coitirols 5 sterns arid all transactions and other sinnficani events are to he clearlr docutnented. and tiredocurrreritation is to he ruidils as ailable tir rrionitorittg hr Departmcttt.

13 Suhrecipient shall uCe Department complete access to all of its records. emior ecu. and aircnts or the trurpise olnionitoring or nivesttgatmng the CSBG program Suhrccipieni shall immediately noti Is Department 01’ sins discos ci’s 01waste, fraud, or abuse Suhrecmprent shall frilly coopeiaie with Depai’tmcnt’s efforts to detect, ins estigatc. and picseniwaste, fraud, and abuse

C Subrecipient shall not discrunrinate against any employee ot other person who reports a violation of’ the terms of thisContract, or of ens lass’ or’ regulation, to Department or teeny apprpr rate law etnthrecinent authorms . it’ the report is

ride sr rood ruth

SEC lION 23. (ERTIFICAl’IO\ REC..RDl\(. I NDOCI lENFE1) WORKERS

Pmsrsrairt to Chapte’. 2204 mt the ‘I exas Cm erriment Code hr execution 0!’ rhrs Coirmrecm. Subrecipient herebs certifies iheiStibrecipient, or a branch, div rsron, or dcpartrnient of Subrecipienr dc’ not and mm ill not knimo ingly emplo\ anundocumented worker, svhere ‘undocumented worker” means an individual who, at tire time of eniploymerit, is notlawfully admitted’ for pe.rmane.nt residence to the United States or authorized under law to he ein.pioyed in that manner innrhe United States if af’ter receiving a public subsidy, Subrecipient or a branch, division, or departm.errr of S’uhrecipiernr iS

stis ered a s nolarron under S.C. Section l 324a Li. Ssibrccipient shad repay the ruble suhsndr nrim Interest en therenew ‘ 5”’si rs..’ err am riot I—err the vi’ rh des after tIre ,iere the Dep,’rtrrrvri: aotrfnes Ssrbrcu:prerr: ot rite

i’egc ml 2

SFC’flO\ 24. (ONFI,I(”[ OF IN’[ERFS’1’/’sEPOTIS1

it. No employee.. offIcer, or :ga.nt of Suhreeipient shall rsartie.ipase in traelection, award, or administration of a contract

‘t’’d Esren award.

pa;r:es to ba:reerr-enrs SLi.r:e.ierrrs pus- s:ath,res 0:5

rh-c anu nreres: subsn:ntrai or the aift 5:5 unsth icitec irom of nom:riui value. The stand rds conductshall provide fUr disciplinary actions to be applied for violations of such standards by officers, employs-es, or agents otthe- Subreeioient

I) Sthrec:p::rr:s ‘ceo are 1oh s’\ errrirter:tal er:ttt;-es shah ii: addition to the recuirerrren:s of tIres Secr:o Idiots tltsrequirements of Chapter of the Local Gosernment Code regardit:g conflicts of interest of officers 01 municipalities.countiea, and certain tither locril governtrie.nts.

F larlure to ntatniaifl stritteit standards of conduct and to fallow and entdrce the stritteir standards is ri condition 01default itnder ih:s F ontract and rar result in ierm,t:at:on oftite Contiact or deo[’lieat:on ofturids

sEcrlON 25. pOlITICAL A(’TIVITY PROIIIBITFI)

.-\ Notic of ttte antis pros ided under this contract shall be used Ut influencin the outcome of ans cleatton, or thepassaee or deldat of ant legislative nteasurss This prohibition shall tot be construed to pres ent any oft’ia al otemplos cc ot’ Subreciptent front flirnishinir to atm member 01 itt got ernutig body upon request, or to ant other local otstate official or employee or to any citizen, information in the hands of the employee or official not considered underlaw to he conftdetttual information Am action taken against an employee or official for suppir ung such informationshall suhiect the person unttiatina ttte action to intmeduate dtsnt issal thom emplos tneitt

B No futtds provided under this cotitract mat he used directly- ot indirectly to hire employees or in any other way tund orsupport candidates for tIme legislative, executive or judicial hratrches of government of Suhrectpiermt. the State of Texas.or the ros-ernitient oh’ the F rated States

SIhCTIO\ 26. NO-DIsCRIMIN,-TION AD EQF AL OPPORTtITY

A A person shall riot he excluded from partmcipatiott itt. he denied the benefits ofi he subjected to discrimination under, orhe detried emplovtncitt in the admni ttmstratiott of or itt connectiott m tb auts program or activits fUnded in ss hole or m partss tb rinds made as ailable under this Cotrtract. simm the grouitds of race, color. rd tition, sets, natiottal oritritt, age,dusahuhits - polmtica attiliatioit or belief

ii Suhrecipment agrees to carry out au Equal Employment Opportunity Program in keeping with the principles as providedits Ptesidcnt’s Exccumis a Order II 240 ct’ September 24. I 965

C Subrecipent still include tIre suhstruuce of Section 2r’ in all suh’contrrmcrs

SFCTIO\ 27, ( ERI1FICATION REC .RDlNC CERTAIN I)ISASTER RElIEF CONTRACTS

lit: Department mar not anard a Con tract that includes proposed t:t:arrcal particrpamor ‘s a persoir who. darns’, the fit-ccc per oh p-receding tiied:teoi tir is Contract, beer, cons icted of viola::: a ederal lists n connection ss thu a cittr-act

,mrardedhy the federal government for relict, recos cry. om reconstruction etTorts as a result of Humcane Rita, as definedh-v Section 39459, Utilities Code, Hurricane Katrina, or any other disaster occurring after Septcmher 24, 2Oft5 or assessed

petters p a fherrl en. 1 or admrn:str.rt:s a enfotcemen: actor: :n conrrec::or nth a contract assarded l’s rh-c federalr:l:c’ recover, or reci’irstrr:c:ro:t cOUrts ,s a relt of l!urrcarre Rps as d-e:ince by Sector

per ode, hi ,,rr:cu:re ka:rrr,c. raps other d:’,,ter occ crap utter Set’re:r:het 4 -5

13’.- e-xecation of this Contract. the Adtstinistrator hcre.h--s-- ecrtifies that :: is-- a’gihle to participate a this- Program and-‘h-ar tires C’:rtrac: rats bc’tetminated and rat met;: rr;thnedt :f this

Page 8 of ifi

SECTION 28. i1NTENANCE OF EFFORI

Frandnvide.d to Subrecent ur.r this Contract roan nor isa suhsrrrao’d for finds or ‘ir’’ 1mm an, other source or

SECTION 29, IWI1ARREI) AM) Si SPENDLI) PAi’i iE;s

lily sirrrr• ma this (‘ontract. Subrec i:rrcnt tart: t’ics that, as pri.rrc nra! en woes, i.s turd mcrrrbcrs, austria, or st.raea rho ..ac.artc. Par:c 1w: ‘mna:sr:r’ thIN rnararsrCw Otc casts . ysrsucr’ AGrrrstara:tcrr rt.SA

.aupcrsiwi or ihcrooc sam ,ded. tort or a, a •tttc tot par e-tp’riort S tettsr-a! a aortae 215 arat’s under .ntrms )r5c2549. Suhrectpis.nt ag.rces that prio.r to entering into a.ny agreement with a potential subcontractor that the. verification

proce.ss to c.omplv with this requirement will be accomplished by checking the System for Award Manaae.ment (SA.M) atwww.aarn.aov and tncludine a cope of the rena Its in its protect files

SE(11ON 30. FAITH BASE I) ANI) SECTARIAN ACE IV1T’

Funds provided under thrs Contract may not be used for sectarian or inherently relinious activities sueh as worship,religious instruction or proselytization, and must he for the benefit of persons regardless of rclgious affiliationSuhreciptcnt shal cempis n iii the regulations promuleated Its the H IS at 45 C F R tiP 2

SFC’I ION 31, (‘OPRICHT

Suhreeipient may copyright materials developed in the performance of this Contract or with funds expended under thisContract I)epariment and HF1S shall each have a royaltyfrce, nonexclusive, and irres ocable right to reproduce, publish.or othertt ire use, and to authorize others to me. the cops riehtcd mot k for trot eminent purposes.

SECT ION 32. No WAI\’ER

Any right or remedy given to Department by this Contract shall not preclude the existence of any other right or remedy.nor shall any action taken in the e’tercise of atty right or remedy he deemed a waiver of any other right or remeds Thethilure of 1)epartmcnt to e\erese ann right or retneds on ant occasion shall iii constitute a nait er of Dcpartmenfs reDio exercise that 01 ,ins other rirrht or remedy at a liter time

SECTION 33. SEVERABILITY

If ann section or rovisiori of this Contract is held to he ins al id or unenfirrceahle he a court or an administrative tribunal 01competent urisdiction. the remainder shall remain valid and binding

SECTION 34. ORAL ANI) W REliES .GREFNIEN1 S

A. All oral and written agreements between the parties to this Contract relating to the subject matter of this Cotitract havebeen reduced to writing and are contained in flits Contract

B. The .inachments enumerated and denom mated below are a part of this Contract and coiistitute promised pert3irinancesunder tIns Contract

I. Exhibit A-- Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements

SECTION 3S (‘OIMU\I [V A( “F ION P1,N

A Asaconsfinari of recept of t’aridirrt’ under the Ac:, e.ie!r eiortbie enttty snaIl submtt aimirualin to tIre Dapar:mart aconinsntts actron titan that ii’rcludes

a dc.seription of the service delive.ry system targeted to iow-ineom.e individuals a.nd fanmilies in tIre service. a.rea,irmciading homeless individuals and fanr ii ies, migrants, and tIre elderly poor:

2 ,ric’errprrtri of Iron !:ntsatrcs 2 he tics etu;ted to ‘ft uerrril’tetr ears rrr mars tees C rorrrtrti:tr’iiSetltertrsird toso’.%-a:r con.whatioirs

3. a Jcscrlptrorr. at’ boo i’ttndna tnrder this Act will he coordinated with other public arid prvae resources, arid,4. a de.scription of out.comir measures to he. used to monitor success in promotine self-sufficiency, fanrtiy’ stability, anti

c’ornmuniy revitalizatron.

B A’. a eortdt:ror 1’ react i of andna under :he A. :. each a. ethIc’ er’:rts smiaf suhnrtr as crafts a sears 15 :ne [)epartrrrc:t:

Page 9 of 12

SF( lION 36, 1SF OF ‘Al OII()1,IC B1\ RAGES

Fundsovided under this Cor:rac.t ma riot he. used for the ius:yme.nr of s ariesto any Subrec.lpienfu emplovee.s who usealcoholIc. bevers.ges while on ae.rive duty, fdr rrsvrml expr.nses exnende.d for alcoholic. heverattes, or for he purchase ofslc.oholiu he.veraaes.

‘iC’I !O 3’. i’PR( I. ‘! R[

A, Any of the toowins’ e.vents (I) catawrophic weather conditions or other euctraordinarv e.lersrenrs of nature or acts ofGor. (ii) ac.t’.s of war (declared or undirciared), (lit acts of tcrroris.rn, insurrection, riots, civil disorders, redellron orsaG.i:ae sod . quaranrtes. e.mhsrcocs and otirar similar unusual serious of tdderai, provisciul, local. erifrewn

13 l’o’:ro:—rwrhmums parts ‘, rs.rir,: ‘:‘ - ,,-,,,‘,‘.‘ ,r tine to i’reseirtow a: rerrce eotd a not ram c been c iii or enreC hr reasonable precautiom arrd era ii not Ir am e been or em cured orcircumvented throutrh the use. ofc.omnre.rcisl ly reasonahie alternative sources, workaround plans or othe.r means.

SEGTIO\ 38. TIME IS OF THE ESSENCE

1 ime A the essence” :th espeCt 0’ Suhrecir-:ei:fs compl rance mm oh all cur errants. aereements icons and amid lions orthis (‘ontract

SECTION 39. (‘Ot’NFERPARTS ANt) I’.(’SIIILL SIGNATURES

This Contract may he executed in one or more counterparts each of which shall he deemed an original hut all of whichtogether shall constitute one and the same instrument Signed signature pages may he transmitted by facsimile or otherelectronic transmission, and any suelr signature shall have the same legal efidet as air original

SEC’I’IO\ 40NlADlER, GENDER

Lrrless tire context requires otherms isa. the ir ords ui th mascul i ire gerrder shall include tIre tdmin ne. and singular wordsshall ne I ride the p1 nra I

SECTION 41. NOTICE

A If not ice is prom ided concern inn this Contract, notice may he given at the folloti rig I herein reh’rred to as Notice

As to Department:

TEXAS DEPARTMEN1’ OF I lOUSING ANT) CIhNIMUNI1’Y AlFAIRSP () Box 13041Austin. Texas 78711 -3941Attention, Michael l)e Young‘l’elephone 1512)475-2125‘ax. 5i2 l-393

irrielrael.Jes iuirgu/tdli’a ‘tiite.lx.us

As to Subrecipient:

City of Lubbock

Pt”) Box 21)01

1 ubbock. iN b.15

.‘\ttention: I’ht lbs Brorm n, Interim C I) l.)iree’tr’r

lelcplrofle’ 1 775—2591 1 ax Sin) 7°5G ‘11 Eniail . pbromx it ii mr lubbock us

B. All riotrees or other commnurr ications Irereunder dish Ire dee.nmed ‘rve.n wires delivered, mailed hvo vernieht sew: c.c’, orfive days after n’raihng by certified or’ re.gistere.d mail, postage prepaid, return receIpt requested, addre..sse.d to theappropriate Notice Address as da’f’mne.d in the above Subsection A of this Section 41.

SEC [ION 42. ENI F ANI) IL’RISI)IC I’ION

this ( Siti. A Jehsred arid sr:er;eted ti pa perforirree ri he sr,wor ‘Feyss lot ;‘ur:r,’ws of it;ijt:.,’n rwrsuar to thist,o’,01: ,e:Ii,,i1ulluu 1r,m’:i,’ou:m: 1551:’

ihige 10 of II

E.XE:.CUTED to be. e ive on Jtnuarv 01, 2013

City of Lubbock

political subdivision of the State of Texas

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,a public and official agency of the State of Texas

Tit.Ie: Its duly authorized otheer or representativeI)ate:

Pags. I I of 12

I EXAS 1)FI’ARTME’%’I’ OF 1101 SING A\I) (‘OMMI NITY AFI’AIRSCONTRAc.TNO. 61130001572 FOR’i’tlE.

P3’ 2.013 (.O.\fMUNITY SERViCES BLOCK GRANT PROGRAM 1’ CSBG”iCEt).1a93.500

[\ItII-IIT A

(‘ERTIFIC T1ON REGARDING LOBBI INC FORCONTRACTS, GRANTS, LOANS AM) COOPERATIVE AGREEMENTS

Cur of Lubbocka pobtical uht1i iion of the State of 1’ea

‘I’he und’e’ iniuned ceO tics, to 0’’’ best of irs owiedne and beLief, thur.

1, No idderal appropriated fOnda have been paid or will be paid, by or on beha.if of the undersigned, to any person fOrnflueneinn or attempong to influence an of cer or e.mpiovee of an anericy, a member of congress. an officer orem Boyce or conuress or air employee .0 a rne:rii”er of correrew ri onnection ith the .ioardurc ofcontract, the sakine of ars’ teer,L Or ant, tne nai,inir of airs federal loan, the entering into ot scorsemti\e

Pitt. or nodifleatroir ot arts twFa’ eon ‘ct grant loan, or mmni:w amemerit.

2 If any funds other than federal appropriated funds rave been paid or ris ill he paid to any remon for influencing orattempting to influence an officer or employee of any agency, a member of congreas, an officer or employee otcoirirress, or an employee of a member of coriiriress itt connection is tIn tins tbderal contract, giant, loan, orcooperatr\ e anrreerntent. the urtderoirned shall eonrplene and submit standard foniii LI L. I)tsclosure hot in to ReportI .ohbving” - nit iccordatice with its rristruetionis

3 the undersirtied shall require that the language 0! this certification he included iii the aoard documents tor allsuh-asvards an all tiers (including suheontracts. sub-grants, and contracts under grants, loans, and cooperativeagreements) aird that all sub—recipients shall certify and disclose accordingly.

This cerniticatton is material representation of ‘act ott oh ich rd ianicc as placed is lien this transaction n as made iiientered into Submission of tIns certification is a prerequisite for making or enrerme into this transaction imposed ha’Secrioti I 352. ‘Title 5 I P S (‘od \n\ person is Ito fails no file the required ucrti fleation shall bc subnect to a civil pnaInaof nor less than SI 0.000 arid non more than 5 100,000 flu each such thilure,

City of lubbock

a political subdii’isioti of the State of ‘[eas

I’itl.

Dttte’

I0ic 12 oi” 12

CSBG PY 2013 Estimated Funding Distribution - DRAFT Subject to Revision

2013

Allocation

CSBG Subrecipient (estimate)

1 Aspermont SmaH Business Development Center, Inc. $150,000

2 Austin, City of, Health and Human Services Department $1,046,751

3 Bee Community Action Agency $225,803

4 Big Bend Community Action Committee, Inc. $150,000

5 Brazos Valley Community Action Agency $999,174

6 Cameron and Willacy Counties Community Projects, Inc. $938,784

7 Central Texas Opportunities, Inc. $197,699

8 Combined Community Action, Inc. $190,420

9 Community Action Council of Victoria $249,813

10 Community Action Corporation of South Texas $211,019

11 Community Action Inc. of Central Texas $235,899

12 Community Action Social Services & Education $164,871

13 Community Council of South Central Texas, Inc. $644,402

14 Community Services Agency of South Texas $150,000

15 Community Services of Northeast Texas $234,409

16 Community Services, Inc. $1,291,932

17 Concho Valley Community Action Agency $235,913

18 Dallas Urban League dba Urban League of Greater Dallas $2,800,968

19 Economic Action Committee of The Gulf Coast $150,000

20 Economic Opportunities Advancement Corporation of Planning Region XI $461,679

21 El Paso Community Action Program, Project BRAVO, Inc. $1,332,721

22 Fort Worth, City of, Parks & Community Services Department $1,582,459

23 Galveston County Community Action Council, Inc. $837,619

24 Greater East Texas Community Action Program (GETCAP) $858,036

25 Gulf Coast Community Services Association $4,461,865

26 Hidalgo County Community Services Agency $1,607,292

27 Hill Country Community Action Association, Inc. $473,429

28 Lubbock, City of, Community Services Department $367,596

29 Northeast Texas Opportunities, Inc. $227,770

30 Nueces County Community Action Agency $472,223

31 Panhandle Community Services $551,795

32 Pecos County Community Action Agency $150,000

33 RoIling Plains Management Corporation $436,820

34 San Antonio, City of, Community Action Division $1,844,886

35 South Plains Community Action Association, Inc. $266,576

36 South Texas Development Council $231,017

37 Southeast Texas Regional Planning Commission $449,381

38 Texas Neighborhood Services $400,009

39 Texoma Council of Governments $223,622

40 Tn-County Community Action, Inc. $320,60141 Webb County Community Action Agency $487,638

42 West Texas Opportunities, Inc. $604,411

43 Williamson-Burnet County Opportunities, Inc. $274,522

TOTAL $29,191,824

Note: Estimated allocations are based on level funding at $32,435,360. Final funding is pending.

18411

Highlight


InformationAgenda ItemBudget Ordinance Amendment 1st Reading - Finance: Consider Budget Amendment 15, respecting the GrantFund, to accept and appropriate additional funding from the Dallas Police Department for the Internet CrimesAgainst Children (ICAC) Task Force Grant; accept and appropriate funding from the Federal TransitAdministration (FTA) for the FY 12 Section 5309 State of Good Repair Grant; reduction in the FY 2012-13 MasterLease program; General Fund increase in utilization of net assets; Solid Waste Fund increase in utilization of netassets; Wastewater Fund increase in utilization of net assets; Water Fund increase in utilization of net assets;Cemetery Fund increase in utilization of net assets; Fleet Fund increase in utilization of net assets; Civic CenterFund increase in Utilization of net assets; providing for filing; and providing for a savings clause.

Item SummaryAccept and appropriate an additional $10,000 from the Dallas Police Department, funded by the Departmentof Justice, for the ICAC Task Force Grant, for a total grant appropriation of $31,000. The ICAC Task Forceis a grant program funded under an award by the Department of Justice through the Office of Juvenile Justiceand Delinquency Prevention under the Federal Missing and Exploited Children's Program to target childsolicitation and child pornography over the Internet in Texas.

I.

Accept and appropriate $875,000 from the FTA for the FY 12 Section 5309 State of Good Repair Grant. Thefunds will be used for the rehabilitation of CitiBus administrative and maintenance facilities that wereoriginally constructed in 1932. The Texas Department of Transportation awarded the City of Lubbock175,000 Transportation Development Credits (TDC) to be used as a local match. The TDC agreement wasapproved at the January 10, 2013, City Council meeting.

II.

Amend the FY 2012-13 Master Lease Program by decreasing master lease funding by $12,572,580, from$15,384,544 to $2,811,964 to change the funding source to utilization of net assets in the following funds;increase General Fund utilization of net assets by $4,992,537; increase Solid Waste Fund utilization of netassets by $4,923,890, increase Wastewater Fund utilization of new assets by $1,455,653; increase WaterFund utilization of net assets by $1,063,500; increase Cemetery Fund utilization of new assets by $52,000;increase Fleet Fund utilization of net assets by $45,000; and increase the Civic Center Fund utilization of netassets by $40,000.

III.

Fiscal ImpactIncluded in Item Summary.

Staff/Board RecommendingCheryl Brock, Executive Director of Budget

AttachmentsBudget Ordinance Amendment 15

Budget Detail - Police ICAC 3Budget Detail - CitiBus Good Repair

ORDINANCE NO.

AN ORDINANCE AMENDING THE FY 2012-13 BUDGET FOR MUNICIPALPURPOSES RESPECTING THE GRANT FUND TO ACCEPT ANDAPPROPRIATE ADDITIONAL FUNDING FROM THE DALLAS POLICEDEPARTMENT FOR THE INTERNET CRIMES AGAINST CHILDREN (ICAC)TASK FORCE GRANT; ACCEPT AND APPROPRIATE FUNDING FROM THEFEDERAL TRANSIT ADMINISTRATION (FTA) FOR THE FY 12 SECTION5309 STATE OF GOOD REPAIR GRANT; REDUCTION TN THE FY 2012-13MASTER LEASE PROGRAM FUNDING; GENERAL FUND INCREASE INUTILIZATION OF NET ASSETS; SOLID WASTE FUND INCREASE INUTILIZATION OF NET ASSETS, WASTEWATER FUND INCREASE TNUTILIZATION OF NET ASSETS; WATER FUND INCREASE iN UTILIZATIONOF NET ASSETS; CEMETERY FUND INCREASE IN UTILIZATION OF NETASSETS; FLEET FUND INCREASE IN UTILIZATION OF NET ASSETS; CIVICCENTER FUND INCREASE IN UTILIZATION OF NET ASSETS; PROVIDINGFOR FILING; AND PROVIDING FOR A SAVINGS CLAUSE.

WHEREAS, Section 102.0 10 of the Local Government Code of the State ofTexas authorizes the City Council to make changes in the budget for municipalpurposes; and

WHEREAS, in accordance with the City Budget Ordinance the City Councilshall approve all transfers between funds and departments; and

WHEREAS, the City Council deems it advisable to change the FY 2012-13Budget for municipal purposes and reallocate funds as follows; NOW, THEREFORE,


SECTION 1. THAT the City Council of the City of Lubbock hereby approveschanges to the City of Lubbock Budget FY 2012-13 (Budget Amendment #15) formunicipal purposes, as follows:

I. Accept and appropriate an additional $10,000 from the Dallas PoliceDepartment, funded by the Department of Justice, for the ICAC Task ForceGrant, for a total grant appropriation of $31,000.

II. Accept and appropriate $875.000 from the FTA for the FY 12 Section 5309State of Good Repair Grant.

III. Amend the FY 2012-13 Master Lease Program by decreasing $12,572,580,from $15,384,544 to $2,811,964 to change the funding source to utilization ofnet assets in the following funds; increase General Fund utilization of netassets by $4,992,537; increase Solid Waste Fund utilization of net assets by

$4,923,890, increase Wastewater Fund utilization of new assets by$1,455,653; increase Water Fund utilization of net assets by $1,063,500;increase Cemetery Fund utilization of new assets by $52,000: increase FleetFund utilization of net assets by $45,000; and increase the Civic Center Fundutilization of net assets by $40.000,

SECTION 2. THAT a copy of the changes made to the City of LubbockBudget pursuant to this Ordinance shall be filed with the City Secretary and CountyClerk of Lubbock as required by law.

SECTION 3. THAT should any section, paragraph, sentence, clause, phraseor word of this Ordinance be declared unconstitutional or invalid for any reason, theremainder of this Ordinance shall not be affected thereby.

AND IT IS SO ORDERED

Passed by the City Council on first reading on

______________________________

Passed by the City Council on second reading on

___________________________


ATTEST:



GcCheryl BrockExecutive Director of Budget


AnySisAssistant City Attorney

ccdocs/BudgelFY 121 3.Amend I 5ordFebruar 8. 2013

Administrative Information:City Assigned Grant Number: 86058Grant Name:Grant Effective Date: 4/1/2010Grant Provider/Agency:Original Appropriation Date: 12/15/2012Original Appropriation-Budget Ordinance: 2010-O0088Original Grant Acceptance-Resolution: 2010-R0599Amended Grant Award Amount: 31,000$

Budget Information:

Grant Appropriation Detail

06/07/2012 Award

AmountAmendment

Amount

Total Award

Amount

Training, Equipment, and Operations 21,000$ 10,000 31,000$

Total Appropriation 21,000$ 10,000 31,000$

City of Dallas Police Department/Department of Justice

City of Lubbock, TXGrant Amendment

Existing Grant - Budget DetailFebruary 14, 2013

Internet Crimes Against Children

Administrative InformationCity Assigned Grant Number: 88034

Grant Name:Grant Effective Date:Grant Provider/Agency:Grant Award Amount: 875,000$

Budget Information

Project Detail Cost Capital Outlay 875,000$

Grant Appropriation 875,000$


New Grant - Budget DetailFebruary 14, 2013

Section 5309 State of Good Repair

Federal Transit Administration1/1/2013-12/31/2014


InformationAgenda ItemContract Resolution - Public Works Engineering: Consider a resolution authorizing the Mayor to execute Contract11078 with Allen Butler Construction, Inc., for the construction of Milwaukee Avenue from 94th Street to 114th Street, BID13-11078-CI.

Item SummaryThe Milwaukee Avenue widening project was approved by the voters as part of the 2009 capital bond election. The projectincluded the widening of Milwuakee Avenue from 94th Street to 104th Street. The base bid for this project is for theconstruction of 7-lanes of concrete paving to 104th Street then the strip paving of 3-lanes of asphalt from 104th Street to 114thStreet per the original project as presented in the bond election package. As part of the design phase, staff recommended that analternate bid be included to eliminate the 3-lane temporary strip paving and construct the ultimate 7-lanes of concrete paving allthe way to 114th Street. These improvements will accommodate the changing needs of this area due to development and thehigher traffic volumes.

As a part of this project the water and sewer infrastructure will be installed ahead of the paving to accommodate futuredevelopment in the area. An extension of the South Lubbock Storm Water Drainage System will be constructed toinclude playa lake 94A west of the Milwaukee Avenue and 98th Street intersection.

Bids were received from the following contractors: Company Base Bid Alternate

Allen Butler Construction, Inc - Ransom Canyon, TX $7,669,798 $8,198,189

Lone Star Dirt and Paving, LTD - Lubbock, TX 8,589,069 9,714,793

Duininck, Inc. - Roanoke, TX 9,371,086 9,679,635

The bid for this project is awarded by the unit price. The total amount of the award is estimated and actual expenditures may bemore or less depending on actual needs. The price per unit will not change.

Staff recommends that the alternate bid be awarded to Allen Butler Construction, Inc., for the price of $8,198,189.

Fiscal Impact

The contract will be paid out of multiple capital projects. The budgets and amounts available for this purpose are as follows:

Project No. Project Name Budget Available

92220 Milwaukee Avenue 94th to 114th $6,650,000 $5,670,444

91035 Water Lines Ahead of Street Paving 3,122,000 192,026

91039 Sewer Lines Ahead of Street Paving 2,875,000 1,849,779

90141 South Lubbock Storm Sewer Project 54,305,000 485,940

$8,198,189 is available for this purpose in the above capital improvement projects.

Staff/Board RecommendingMarsha Reed, P.E., Chief Operations Officer

Bond Oversight Committee

AttachmentsResolution & Bid Form - Contract 11078Budget DetailCIP Detail

RFSOI. I TION

BE IT RESOL\7E[) BY THE CITY COUNCIL OF TilE CITY OL LUBBOCK:

FI1Al the Mayor of the City of Lubbock is hereby authorized and directed tocxecute for and on behalf of the City of Lubbock, Contract No. 11078 for pavingimprovements Milwaukee Avenue, by and between the City of Lubbock and AllenButler Construction, inc. of Ransom Cam on. Texas, and related documents. SaidContract is attached hereto and incorporated in this resolution as it’ fully set forth hereinand shall be included in the minutes of the City Council.


_____ __________ _____


AITES’i:


APPROVED AS TO CON’I’ENT:

-

Marsha aced. RE.. Chief Operating Officer

APPROVED ASlO FORM:

/

Chad Weaver. Assistant City Attorne\

:ccdos:RESCoiitract-AIIen t3uihrJanuary ID, 2015

Addendum I RevTsed ttu.t Form

rAVING IMPROVE4ENTS — ALTERNATE DW

l)FS(RIFIION—

t ll PRKF XTFNDI 1) MolJNrj

Prepare right’of.way, including clearing, grubbing ,

and removal of all items that are in conflict, per 103 Sm lstation.Remove Existing free, including removal oltrunk.

2 limbs, roots, and tilling and compacting of resulting 1 FAc()

Remove Asphalt Paving and/or Stabili,ed Base,3 including neat removal of existing paving materials 30273 SY

‘.

n,’rsurevd, 1’Remove Small Signs and/or Small Sign Assemblies,including neat removal of existing small signs and/or

assembliesincluding foundations and proper disposal

For disposition, per each sign and/or assembly. All Cs J, Isigns removed are to be given to the City oil ubbockStreets Department to salvage,Remove Fence, including neat removal of existing

5 posts and/or assemblies including Ibundations and 3122 LF 1-

proper disposal or disposition, per linear Ibot. I S ‘

6Replace Fence, including posts and/or assemblies

3122 iF ..u ‘, 4 9 — .

and all appurtenances, per linear foot, ‘.. J r’Remove Mailbox, including neat removal of existing

7 assemblies including foundations and proper disposal 8 EA .1 “,.

or disposition, per each mailbox.fopsoil (4’)(Furnish and Place>. including securingnecessary sources and royalties, furnishing topsoil;

8excavation at the source, loading, hauling, 1000 SYstockpiling and placing: watering; rolling: and iequipment, labor, materials. tools, and incidentals, by

‘-q, ‘

the square yard complete in place.Embankment (Roadway), including borrow materialas required, placement and density control to lines

9 and grades shown on drawings. as well as any 51417 CYincidental work, per cubic yard as shown on this bid . LIl (form.Excavation (Roadway), to lines and grades shown on 129 876.50

10 drawings, as well as any incidental work, per cubic 39962 CY 0 “ il ‘

yard as shown on this hid form. ‘

Excavation (Channel), to lines and grades shown onII drawings, as well as any incidental work, per cubic 6780 UY

. 3”yard as shown on this hid tom),Excavation I Maya take), to lines and grades shown /

12 on drawings, as well as any incidental work, per 40840 CV >aO (.0cubic yard as shown on this bid tbrm. ‘ JOxer Excavation, at the unit bid price, of excavationbeyond the limits to lines shown in the plans, asdirected by the Engineer, to treat or replace delicient

13subgrade. including suhgrade removal and

CY i’ — cv)replacement with a suitable material, or approvedtreatment of unsuitable material, all borrow material.compaction, testing, and all labor and equipmentnecessary to complete this work, in cubic yards.Flowable Fill, at the unit bid price, of tiowablebackfill actually installed at the direction of theEngineer. Where the Contractor chooses on his ownaccord to install floss-able till, painsent will not be Imade directly, but will be subsidiary to the pertinent

,,

14 item(s). The unit price hid includes full 100 CV f Q ‘ Ucompensation for all materials, testing, materials,labor and equipment necessary to complete the work,per cubic yard.

d&nduni 3 Re sd Ord Form

tl DFS(RlP1IOJ (U’siI PRl(L LXfFsDED51OU”sf

Surlhce Freatment, including surface preparation,furnishing, preparing, hauling and placing Aggregateand \sphalt: rernosing existing paseincnt markers

l’l’5 SY Murd cxci. s icereerte rolling ckrninl, up tocISprIcs .‘(

and equipment. labor, tools and incidentals. as lj

complete i place, per square an),I lot Mix Asphalt Pavement (I l.\IAC8 IV D) 2”),including necessar mater als. shaping. density ;, ‘3 4controlled placement. complete and in place. per — I J. ‘‘ “? )square sard.I lot Mix Asphalt Paxemena I IMAU) [V l) (3’).includinit necessary materials, shaping. dcnsitx , .,

17 — j0507 S’t .,-

qLecontrolled placement, complete rod in place, per I I) I i-.square yard.hot Mi Asphalt Pavement (FLEXI)ASE), including

18 necessary materials, shaping, density controlled 3(1507 SY q LI

placement, complete and in place, pçr square yard.Concrete Paving (Continuously Rein lbrced59’),

19 including necessary materials and placement, 59218 SYcomplete and in place, per square yard.Concrete Curb (Mono), including necessarymaterials, joining, forming. linishing, and placement

20 ofinonelithic curb ssith conrinuously reinibrced l6319 l.F,

concrete pasement. cornpkte and in place, per linear “)• 1.2 ‘D

foot as measured along the gutter line.Concrete Curb (Mono)( Satooth). includingnecessary materials, joining. forming. linishing. and

21 placement of monolithic curb xsith continuously ID)) I .Freinforced concrete pavement, complete and in place, I).per linear loot a’ measured along the gutter line,Concrete Sidewalk (5”), including necessary

22 materials fur placement of Concrete sidewalks, 369 SY $) U c.complete and in place, per square yard.Concrete Sidewalk Ramp (In radius. w/ Oared ‘0

23 sides), including necessary materials for placement 7 PA

of ramps, complete and in place, per each.Concrete Alley Returns and Drivessays (6’),

23including necessary materials for placement of 255 SYConcrete alley returns and driveways, as complete “i’s

arid in place. per square yard.(‘oncrcte Riprap (6”). including necessary materials

25fur placement of concrete riprap. including toe sall 1370 SY IImindations. curbs, aprons, sloped ramps. etc.. . 5 ej

nlete;rne1eard.Stone Riprap flr 8 Protection). including necessary

26 materials fur placement iririprap. complete and n 180 CY ffi L9,I

place including tiller fabric, per cubic y;rd.Cul’.ert Pipe )2 I” Rt P1, including necessarymaterials, furni4ucd and installed, complete and in . •,I-._

place including excavation and hacklilling, per linear C

toOt,

Concrete Safety End Treatment (for 24 RCP). for

,Parallel culvert, including necessary materials, F’

M ,, S) J‘ furnished and installed, complete and in place, per 1 3’’

each.Concrete Salty End T’nratment (fur 2-I’ RCP), forCrossing culser. including necessarymaterials, j,.-

furnished and installed, complete anti in place. per I) 3 fl9each.Permanent Turf Reinforcment Mat rensar 5(250or equal) including necessary materials and ‘ 7U ,-scqmuipnucnt for placement of Mat, complete and in — .

e5.irtF._

ddcn,Jurn t Revi’,ed Its.) Fonn

Conduit (PVC)(SCF(1) 40) 42 N >41 R FNC II),including full compensation for furnishing ,inditatalling cmi bit; ErcntI evcas a ing andlurnishine and placing baklilI: replacing paeniciit‘tr’ji,ture, sod. riprap. curh, or other surface;m.u-kng location of conduit; Lurnishing and installingtiitings, Junction hoses, and espansion joints: andequipment. labor. ,okuid neidcntils. complete anda place. per linear foot.

l;:1 DI SCRIP [IUN t2’tlT PRICE EX I ENDED SIUL ‘Ni

Concrete Curb Inlet) 10 II). includinit neees’.arv31 eaterials,fumishcd nd installed, complete and in FA

place includina escasation and havkfilling. per each. —

‘recast Reinfurccd Concrete [lox Culseri (5’ x 3’),indudina necessary materials. iiniished and 1-

‘2 — 1145 Liinstalled, complete ,ind in place including exea% itwnand backlilling. per linear foot.Safety End Ireatinent ( br 5’ Span. 3’ I leadaall I(3 l t fur Parallel culsert, consisOng of reinliircedconcrete headwall;wingaalk and pipe runners in

-—accordance a ith plan details, including iiecessa

niatenuls, furnished and installed, complete and inplace. per eachSafety End Ireatnient I furS’ Span. 3’ 1 leadw all)(6:!) liar Parallel culvert, consisting of reinforcedconcrete licadssallissingwalls and pipe runners in

“.3accordance aith plan details, including necessary -. GLUmaterials, furnished and installed, complete and inplace. per eachAdjusting Valve Hxes, including materials.includine backfill as required, and for excas ation, - ,r3 - 6 hA Itt,tools, equipment, labor and incidentals, per eachvalve adjusted.Adjusting Manholes, including materials, includingbackijll as required. and liar excaxation, tools,equipment, labor and incidentals, per each alveadjusted.lllumination Pole Assembly (TV SA)(4tYl’.X)(.25KW)S: Payment aill be made at the unit price hid

37 per each roadway illumination assembly installed, 57 hA ,,,-

•>.including lurnishing, installing, and testing )luminaries, per each.Drill Shalt (Roadway Illumination PoTe(( 30”D)ameter), including full compensation forexcavation; furnishing, placing and removing casing(if necessary); furnishing, processing and recoveringslurry (if necessary); pumping; furnishing and

placingreinforcing steel; furnishing and placing 44 I F - c

concrete, including additional concrete required to I’3’ 6’S(ill an osersi/e casing or oversite excaxalion:conducting slump loss tests; backlilling; disposing ofcuttings and slurry; and materials, tools, equipment.labor, and incidentals. measured by the linear foot oidrilled shaft indicated in the plans.Conduit I PVC)(SCIII) 40>1 IS INqTRFN(i II,including (jill crunpensation liar furnishing ,indinstalling conduit: trenchin/cxcavating mdfurnishing and placing backfill; replacing paxement 33 t q431) structure, sod, riprap, curbs, or other surfiice: 12671 [ Fmarking location of conduit; furnishing arid installingfittings, junction hoses and C\iiflSiOfl joints: tadequipment, labor, tools and incidentals, complcte andinplace.perlineariiaot ——______ — —__________________

51)4)2 [F

.‘iJ,kndtun 1 R .d thd Fuirn

IJFSCRIP lIONl\iD

1:\l F PRICE FXTFNDll) ItflN F

Flee Condui.ior No. ) ( lFI{E). includingtijoushing. instaHine. tad testing electrical

I ‘671 1 Fconductors .ind fir equipment. labor, took. and— ) qq.

incidentals, per linear fuoi.Flee Conductor tNo. (il (INSt l. I ED). includingturnishiag. installing, and testing electrical

F ‘iiconductors and fur equipment. labor, tools, and— C,. k o.3c)

dentals. per linear foot.Flee Service fy A (23W11(0) 06)) (NS) 55(E) SPIt)):[his price is full compensation for furnishing andinstalling paying all ices, permits and other costs,

FAmaking arrangements ith the utility company for all = Jjv.ork and materials prnvided by the utility company, ‘‘

complete in place, per each,Ground tins Ty A . complete in place, including

44 furnishing and placing grael bedding, all labor and .11 EA,

3,,matertals, per each.Ground tins Ty D , complete in place, including

45 furnishing and placing graicI bedding, all labor and 27 EAmaterials, per each. ‘

Ground tins Ty I (ITS), complete in place, including(6 furnishing and placing grasel bedding, all labor and I EA 2

materials, per each. k’ -‘

Conduit I Rigid detal)) 2 IN )([RENCI-I). includingflaIl compensation fur furnishing and installingconduit: trenchingfesca ating. and furnishing andplacing backfill; replacing paement structure, cod.

47 riprap, curbs, or other surface: marking location of 5 IFconduit: furnishing and installing tittings. junctionboxes, and expansion joints: and equipment. labor. 57)tools and incidentals, complete and in place. per /0 ‘

•linear foot.Conduit (PVC5SCHI) 40) (2 lN)(’FRENCII).including full compensation fur furnishing andinstalling conduit; trenching/excavating. andfurnishing and placing hacklill; replacing pavementstructure, sod, riprup, curbs, or other surface: 77 LFmarking location of conduit; furnishing and installingfittings, junction boxes, and espansion joints; and 3 q Iequipment, labor, tools and incidentals, complete and ‘ 2. ( . 7in place, per linear foot.

Conditit (PVC)(SCHD 40) (3 lN)(TRENUIfl,including full compensation for furnishing andinstalling conduit: trcnchinWexcavating andfurnishing and placing backfill: replacing pavementstructure, sod. riprap. curbs. or other surface:marking

location ot’c’ondtiit: furnishing and installing (6 Fl’ 0 19 3tirtings. unction hoses, and e’.pansion joints; amidequipment. labor, tools and incidentals, complete andin place. per linear fuiot.

Conduit )PVC)(SCIID 10) (4 lNq[RENCH), ‘Iincluding full compensation for furnishing andinstalling conduit: trcnclimngcscasating andfurnishing and placing backfill: replacing pavementstructure, sod. riprap. curbs, or other surface:marking location of conduit: furnishing and installingfittings,

junction hoses, and espansion joints; andIF

, q .equipment. labor, took and incidentals, complete andin place, per linear foot.

d&nduin I Resiscd Ilid Form

[ [)FS( I-Ill ION l((Nil PRft11[X.l [\l)I I) MOtNl

I lee Sen ice Cs Dll2tt2lt))i)fiO(NS)SStFtSPl:lids price is full compensation br furnishing and

ci n%talllng pa> iig all fees, permits and other costs.F ,q q

- making arrangements dth the utility company for all 7sork and materials pros ded h the utiliu compan,complete ira place, per each.Small Sign \ssemh(ies, including necessarymaterials, fttmished and installed, complete and in

, place. Che unit price bid shall includes sign. post,F .concrete base, plaque, accessories, excavation,

filling. backlilling, and all incidentals secessars to ( • I I ,I Icomplete the work. per each ,ian complete in place.Pavement Markines(3’)( Whiteh Broken)t [hermoplastic). including

169 Fnecessary materials, furnished arid installed. t q

- 1complete and in place, per linear Idol,Pavement Markings

5)(3’)tWhite)(Solid$Thennoplastic), including

75)fi [Fnecessary materials, tbmished and installed. i..j LA q ôcomplete and in place, per linear font, —,

Pavement Markings. ( I2”)(Whitel(SolidRThermoplastic). including

L Fnecessary materials. ftirnished and installed, 3 3 11 2 ) lcomplete and in place, per linear foot.Pasement Markings (4”) (Yellow) (Broken)

c [hermoplaslie). including necessary materials and13341 L Fincidentals, furnished and installed, complete and in 1.0 I I .p ace, per near on,

Pavement Markings (4”) (Yellow) (Solid>(Thermoplastic). including necessary materials and

“141 LFincidentalsfished and installed, complete and in- .1. 13place, per linear foot,

Pavement Markings

c8 (W’)(Wllitel(Solid)( fhermoplastic). including347 Fnecessary materials, furnished arid installed.-

- I “icomplete and in place, per linear (boa. I’ I I IPavement Markings (24’) (White) (Solid)(Thermoplastic), including necessary materials and

‘67 Fincidentals, lijrnished and installed, complete and ira — r-)

e.’rlinea!,t__ ‘I

Pavement Markings (Arrowl(WhiteHThcrmoplastie),including necessary materials and incidentals.tiimished and installed, complete and in place. per

- 3q o aRaised Retlecioriicd Pavement Markers tUl.lItt I ‘pe 14-RI, including neccssar materials and

F ‘mcidcntal:::t1

arid inst alkd cornpkt. and in 3 3)_2____Raised Retlccturited Pavement Markers UL

hB)4fype l(--A), including necessary materials and

lOSS F-’incidentals, furnished and installed, complete and ine,ereaeh___ q[raffle Buttons (3”)(WFIITFI. including necessary

63 materials and incidentals. Iurni-,hed and installed, 97 [Fc’inplete md in place. per linear fut. 3. g. 9 L1cmporars Raked Retlcctori,cd Pavement MarkersWI 1I; U> pe l-C-Rf including nccesarv m.itcrialsand incidetitals, tiimkhed and installed, completemd in place, per each. Placement is for temporaryconstruction markings, including but ant limited to

‘£4 ,7 3solid markings, double markings, and broken

markings.

\tdcndtnn 3 Revi,cd Fld l-om

l>FiURll’ [ION FNI [ [‘RICE F(lENDF[) \MO1 Ni

leinpor;u-y Raicd R Iectoried P ment strkersa L Bt [ pe ll.-\), including necessary inateriaknd neidentak. lirnished and installed, complete

65 and n place. per caeh l’!n.einent is for temporary 32onstruction inarkinas, including hut mit limited to 2gilid markings. double markings, and hmknrnarkingsrempora,y fratlic liuttons 4’)4 WilliE), includingnecessary niateriak and incidentals. liamished andinstalled, complete and in place, per each. Placement

Sis Er temporary constructtofl markings, including but 5 9not limited to solid markings, double markings,

rempormv Prattle Buttons (4’XYELLOW),including necessary materials and incidentals,

67 furnished and installed, complete and in place, per526

each. Placement is br temporary constructionmarkings, including but not limited to solidrnarkinsijouhle_markings. and brnken markin_Barricades and Traffic (‘ontrol Devices, including

611 furnishing and installation of materials and removal 12 MOthereof per month. CO ) DO . COsw’l’Pi Erosion Control, includingnecessary materials and coordination for compliance

69 with storm vater regulations and ordinances. I IStin’nished and installed. continuously monitored. 7complete and in place. per lump sum. ) I ,.Irrigation System . (Maintain Existing), includespreserving the integrity and operational capacity of’the existing irrigation in the areas adjacent to theRiaht of Way. Includes repair of the existing system

70 vhich ma be damaged by Construction of new I ESsidessalk. remosal. relocation and/or replacement ofthe existing PVC mainline piping that may beaffected by the grading ork and/or construction, as

-

shovn on the plans, paid as lump sum. 15Permanent Seed, including necessary materials and

71 equipment for placement of seed and establishment3 l(O0 SYof grass front the seed. egetative watering and weed

control, complete in place. per sguare an1. 1. I ).Mohiliiation, including costs associated s ith movein related equipment and labor, hid bond,

I I S“ performance and construction bonds, and insurance.

per lump sum. fh12jPVl(; [%lPRO’ 1Ii’NfS TOT1. I. lI:RN.%. IE liii) (lTilS I - 72)

Bidder’s Initials

, ddcndum I Re’. sed Hi Fm in

WATER lM1’ROVEME4TS — BASE 1)11)

Dl St. RIPI IO”l—

‘%l PRI( F F \[F \DE [)

Fumkh and stall beans 1 d’.cth’, lena “irning tape[F ç ‘2 5 q .14

th trace ‘.tre. complete mu place. per linear toot. —‘ . )

-,

Furnish and install ( )S1 l,\ .lppro’. ed trcnh atety1)4 F F 63 1 5 q.tem tor utiltt lines as required, per linear hut.

Furnih and install 6’ Ctm)0{) DR 13 PVC v,ater line,75 mcludrng all labor, material, and equipment. 559 [F z4 l,1 3 1

etemnlice.erliitear Ibut.Furnish and install 3’ U9Ut) I)R 3 PVC ‘autcr line.

76 including all labor, material, and equipment. I 135 LF 35 3 LI o 5complete in place. per linear list.Furnish and install 10’ C941t) l)R 13 PVC natcr line.

77 including all labor, material, aid equipment. 125 LF 1 ,complete in place, per linear tbut. ‘

Furnish and install 12” COOt) DR 18 PVC s%ater Tine,73 including all labor, material, and equipment. 1085 I F 4 2 oo 1 00complete in place. per linear lbot.

.C)

., Furnish and install 6” gate alse and box, includingall appurtenances, complete in place. per each.

E. I 1)60. DO 7,, 35’t. OOFurnish and install 8” gate vake and hex, includingall appurtenances. complete in place. per each.

14 E. j7 taD 050. 00Furnish and install 10” ate ‘.al’e and box, including

31 3 PAall appurtenances. complete in place, per each. .

Furnish and install 12” x 6” tapping slee’,e and82 associated appurtenances, complete in place, per 7 PA

each. .LoO.OO 3ao.ooFurnish and install I 2” x 8” tapping sleeve and

83 associated appurtenances. complete in place, per 3 PAeach.

, . OoFurnish and install 12” x 10” tapping sleese and

appurtenances, complete in place, per 3 EA71) .

Furnish and install tire hydrant, complete in place.85

per each.8 PA

, ‘too .ooFurnish and install 8” plug, complete in place. per

86each.

13 PA 3j qqFurnish and install 10” plug, complete in place, per

2 PA

88Furnish and install 12” plug, complete in plate. per

I F, /7Furnish and install 12” s 10” reducer, including all

I PA8>appurtenances. complete in place. pereach. 37.6o 3I7. 5”O

in place. per each.I PA

wrFR llPROVF., IC[S .. TOI’Al. Hit) (ililS 73-. 90) S/ )25. lc)I?L

Bidder’s Initials

k1cnduin 3 Rviccd Kid Fun

SEWER IMPROVFMESTS — 8SE 811)

DFSCRlPllO’ } F \lf PRIU [Xli sD[D

Furnish and iroaall heavy polth kne s4arning tdP I F 53 q qwith trace oire, complete in place. per linear loot., Furnish md jn.aaIl OSlL approsed trench safety

I F I 5s stern liar utilit tines is required. per linear tixri. - I I / Dlie-in evistitig sanitary seser line. complete in place,

Fper each. IL1 4 tO DOFurnish and install standard coatcd or tiherglissmanhole O-6 depth). complete in place. per .tch. F-\ O)L5. lit) 1 7 3, 550 00Furnish and install extra depth to standard coated or

i)5 fiberglass manhole, complete in place, per vertical 422 VF

Furnish and install 6’ SOR 21 PVC sanitary sewer06 line (18-22’ depth), complete in place, per linear 240 [F

lboi )ö500 , 2-b0 00Furnish and install 8’ SDR 21 PVC sanitary seer

07 line t20-30’ depth), complete in place, per linear 1252 [F/57.50 1 ‘7, 19 O .

Furnish and install 8” SDR 21 PVC sanitar3scerOtt line (30-40’ depth). complete in place. per linear 535 [F

5 ) 39 5Furnish and install 8” SDR 21 PVC sanitary sewer -

plug, complete in place, per each. 27 hA i.o2Furnish and install 18” SDR 21 PVC sanitary sewer

I 01) line (32-38’ depth), complete in place. per linear 205 [F2b25 O 53

Furnish and install 18” SDR 21 PVC sanitary sewerplug, complete in place. per each.

‘ 2 hA / 5r5,Furnish and install 21” SDR 21 PVC sanitary secr

02 line )20-30’ depth), complete in place. per linear 2689 LFOtut. 10Furnish and install 21” SDR 21 PVC sanitary seu,er

103 line (30-40’ depth), complete in place, per linear 2686 [Flimt. Io go18,.

SE’IR INlPltOVEMEFS - romi. BID (lIEMS 91 -. 103) S /,, 177 .

Bidderis Initiak

\diendurn 3 Reosed Hd Farm

LINE EXTENSION - BASE BID

DESCRIPI1ON ExrENDEDAMOUNE

Connect to existing storm .ser pipe, including

necessary materials, furnished md nstalled.Fcomplete .md in place including excaation .mnd tD 376 ôhack tilline, per each

Storm Semer Pipe(24). including neccs.ir

materials, furnished and installed, complete and in , -

place including excaxation and hacktilling. per linear[F

1 O . OOfoot.Trench Satay System and Tunnel or liore Access

106 Shafl Excavation Protection, complete, per linear 2651) [F

f7 5tConcrete Manhole (F,pe 11(60’). includingnecessary materials. furnished and installed.107

including excaation and3, 37 Ob

24” Elastomeric Check Valve, including necessary

108 materials, furnished and installed, complete and in 2place including excavation and backiilling. per each. b’ DC)Sluice Gate Structure, including necessary materials.

109 furnished and installed, complete and in place I EA

including excaation and baekfllling. per each. 1 C)C .1Stirstep Inlet Structure, including necessary

I 10 materials, furnished and installed, complete and in I Eplace including excavation and backlilling. per each. (3,VO Ct> Ii , Coo LbArticulated Concrete fllock Mattress, including

I Inecessary materials, furnished and installed.

I LSincidentals required to perform all operations inconnection with the installation. per lump sum. Iq’oo. OD )c—oo .boStone Riprap (Prnteetion). including necessary

112 materials thrplacementofriprap, complete and in 90 CVplace including lilter thbric. per cubic yard. I 63.7. 1 (o,,,

lINE ExrENSI0N—F0TAL BID (lTEIS 104—112) /hlfi /A--

)LTL1’

Bidder’s Initials

StBI’OIAL — BASE liii PAvI(; IIPR VE L’%I’S (lTE1S I 72) S i_j. -.

Jil’

5 670 444.50si UIO[iL. — L[F:R. [K RSE 1111) PVtC IMPRVLlE’ [S (tUNIS I — 72) S- J —

SUBTOlAl. BASE 1111) WV [ER IMPROVKNIEN[S ([tENtS 73 —90) S I I I_l—-‘4SIB FOII. — BASE BID SEWER INII’kO ENIEN [S l [KNIS 91 — 1931 s J, 4q

. oqSII1TOTL — BASE IflD LINE EX [ENSION (tUNIS 104— 112) 5 21 q LD i)

TOTAL BASE BID

[OTAL BASE BID (ITENIS I — I ij) 97 9i

TOTAL ALTERNATE BID

8 W8 189.43TOI’AL ALTERNATE KID (ITENIS I — 112)

Bidder’s Initials





Capital Project Number: 92220 91035 91039 * 90141Encumbered/Expended

Engineering Design -$ - - 2,950,067 TxDOT University to Indiana Construction - - - 1,296,598 RPR Contract TxDOT Portion - - - 137,854 UCA Phase I - - - 30,704,059 RPR Phase I - - - 1,997,282 Construction of storm sewer Slide to Frankford - - - 8,077,000 SJ Louis - Package 1A - - - 5,557,769 Storm Sewer Construction 464,853 COL Staff and Supplies 21,999 173,103 170,404 35,663 Temporary Employees 13,560 21,205 981 Water Improvements - 1,369,886 - - Bid Advertising 727 673 - - Sewer Ahead of Paving - - 509,417 -

Agenda Item February 14, 2013Kimley-Horn RPR Contract 318,655 10,791 103,947 27,307 Milwaukee and 98th Construction 5,670,576 192,026 1,849,779 485,940

Encumbered/Expended To Date 6,011,957 1,760,039 2,654,752 51,735,373

Estimated Costs for Remaining AppropriationUnencumbered 638,043 1,361,961 220,248 2,569,627

Remaining Appropriation 638,043 1,361,961 220,248 2,569,627

Total Appropriation 6,650,000$ 3,122,000 2,875,000 54,305,000

* The total appropriation for CIP 91039 includes $700,000 to be approved on a 2nd Reading budget amendmenton this agenda.

South Lubbock Storm Sewer Project

Budget

Water Lines Ahead of Street Paving91035

91039

Milwaukee Avenue and 98th Street

Sewer Lines Ahead of Street Paving

90141

City of Lubbock, TXCapital Project

Project Cost DetailFebruary 14, 2013

92220

Project Name Milwaukee and 98th Street Project Number 92220

Managing Department

Project Manager

Project Classification

Project Status

Project Scope

Public Works Engineering

Neil Welch

Bond Election Project - 2009

Approved

Construct full width concrete paving of a seven-lane thoroughfare on Milwaukee Avenue from 94th Street to 104th Street; three-lane

asphalt strip paving on Milwaukee Avenue from 104th Street to 114th Street; and two-lane asphalt strip paving on 98th Street from

Juneau Avenue to Milwaukee Avenue.

Project Justification

Development and traffic demands continue to grow in this area. Portions of this project include unpaved roadways which have

generated numerous complaints of dust and mud and require a significant maintenance effort. The paving will also improve access to

the Youth Sports Complex and residents of the area.

Project History

$750,000 was appropriated in FY 2009-10 Budget Amendment No. 5, Ord. No. 2009-O0106, December 2, 2009.

$5.9 million was appropriated in the FY 2010-11 Budget, Ord. No. 2010-O0070, September 16, 2010.

Unappropriated Planning Years

Appropriation Detail

Appropriation to

Date

Total Project

AmountFY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18

Construction 5,900,000 0 0 0 0 0 0 5,900,000

Design and Engineering 750,000 0 0 0 0 0 0 750,000

Total Project Appropriation 6,650,000 0 0 0 0 0 0 6,650,000


Funding to

Date

Total

FundingFunding DetailFY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18

FY 2010 General Obligation Bonds 750,000 0 0 0 0 0 0 750,000

FY 2011 General Obligation Bonds 5,900,000 0 0 0 0 0 0 5,900,000

Total Funding Sources 6,650,000 0 0 0 0 0 0 6,650,000

Project Name Water Lines Ahead of Street Pavings Project Number 91035

Managing Department

Project Manager


Project Status

Project Scope


John Turpin

Replacement Infrastructure

Approved

Relocate and install water lines ahead of municipal, county, and state paving projects and future development including but not limited

to the Gateway Paving Projects.

Project JustificationThe project is an annual water line installation program coordinated with street paving projects.

Project History

This is part of an annual water line installation program coordinated with street paving projects.

$375,000 was appropriated in FY 2004-05, Ord. No. 2005-00031, March 24, 2005.

Reduced funding by $263,000 in FY 2005-06, Ord. No. 2006-00077, July 10, 2006.

$300,000 was appropriated in FY 2006-07 Budget, Ord. No. 2006-00098, September 13, 2006.

$1.1 million was appropriated in the FY 2007-08 Budget, Ord. No. 2007-00091, September 13, 2007.

$360,000 was apropriated in FY 2008-09 Budget, Ord. No. 2008-O0077, September 11, 2008.

$400,000 was appropriated in the FY 2009-10 Budget, Ord. No. 2009-O0073, August 27, 2009.

Reduced funding by $400,000 in FY 2009-10 Budget Amendment No. 6, Ord. No. 2009-O0108, December 2, 2009.

$250,000 was appropriated in the FY 2011-12 Budget, Ord. No. 2011-O0080, September 8, 2011.




Appropriation to

Date

Total Project


Construction 2,122,000 1,000,000 550,000 460,000 460,000 500,000 500,000 5,592,000

Total Project Appropriation 2,122,000 1,000,000 550,000 460,000 460,000 500,000 500,000 5,592,000



Funding to

Date

Total


2003 Tax and Waterworks

Revenue CO's

112,000 0 0 0 0 0 0 112,000

FY 2007 10-year Tax Supported

CO's

300,000 0 0 0 0 0 0 300,000

FY 2007 Water Revenue CO's 360,000 0 0 0 0 0 0 360,000

FY 2008 Water Revenue CO's 1,100,000 0 0 0 0 0 0 1,100,000

FY 2010 Water Revenue CO's 0 0 0 0 0 0 0 0

FY 2012 Water Revenue CO's 250,000 0 0 0 0 0 0 250,000

FY 2014 Water Revenue CO's 0 0 550,000 0 0 0 0 550,000

FY 2015 Water Revenue CO's 0 0 0 460,000 0 0 0 460,000

FY 2016 Water Revenue CO's 0 0 0 0 460,000 0 0 460,000

FY 2017 Water Revenue CO's 0 0 0 0 0 500,000 0 500,000

FY 2018 Water Revenue CO's 0 0 0 0 0 0 500,000 500,000

Prior Year Bonds 0 1,000,000 0 0 0 0 0 1,000,000

Total Funding Sources 2,122,000 1,000,000 550,000 460,000 460,000 500,000 500,000 5,592,000

Project Name Sewer Lines Ahead of Street Paving Project Number 91039

Managing Department

Project Manager


Project Status

Project Scope


John Turpin

Upgrade/Major Maintenance

Approved

Installation of sewer lines ahead of municipal, county, and state paving projects including but not limited to Gateway Paving Projects.


Coordinating line change-outs with street paving projects reduces paving costs associated with line change-outs and minimizes customer

inconvenience.

Project History

The project is part of an annual sewer line installation program that is coordinated with street paving projects.

$460,000 was appropriated in FY 2004-05, Ord. No. 2005-00031, March 24, 2005.



$350,000 was appropriated in FY 2008-09 Budget, Ord. No. 2008-O0077, September 11, 2008.

Reduced funding by $500,000 in FY 2009-10 Budget Amendment No. 6, Ord. No. 2009-O0108, December 2, 2009.

Reduced funding by $100,000 in FY 2009-10, August 27, 2010.





Appropriation to

Date

Total Project


Construction 1,425,000 750,000 300,000 300,000 300,000 300,000 300,000 3,675,000

Total Project Appropriation 1,425,000 750,000 300,000 300,000 300,000 300,000 300,000 3,675,000



Funding to

Date

Total


2004 Tax and Waterworks CO's 60,000 0 0 0 0 0 0 60,000

2005 Wastewater Revenue CO's 400,000 0 0 0 0 0 0 400,000

FY 2006 Wastewater Revenue

CO's

200,257 0 0 0 0 0 0 200,257


CO's

264,743 0 0 0 0 0 0 264,743


CO's

500,000 0 0 0 0 0 0 500,000


CO's

0 750,000 0 0 0 0 0 750,000


CO's

0 0 300,000 0 0 0 0 300,000


CO's

0 0 0 300,000 0 0 0 300,000


CO's

0 0 0 0 300,000 0 0 300,000


CO's

0 0 0 0 0 300,000 0 300,000


CO's

0 0 0 0 0 0 300,000 300,000

Total Funding Sources 1,425,000 750,000 300,000 300,000 300,000 300,000 300,000 3,675,000

Project Name South Lubbock Storm Water Project Project Number 90141

Managing Department

Project Manager


Project Status

Project Scope

Storm Water Utility

Mike Keenum

New Facility

Approved

Design, plans, specifications, and estimates for the construction of the South Lubbock Storm Water Project, bidding, right-of-way

purchases, utility relocations, and construction of the project in seven phases as development progresses to the south. Phases include the

main trunk line, the portion from Slide Road to Iola Avenue, combined with a road-widening project with one-mile section to be

constructed by TxDOT. When complete, the project consists of 19 miles of new storm water pipeline connecting 12 playa lakes to the

Canyon.


Trunk line storm water pipeline to the canyon and a series of lateral storm sewer connections provide various levels of flood protection

around 12 playa lakes along the southern portions of Lubbock.

Project History

The 1999 floods caused lake levels in the area to exceed expected high water elevations. Homes and businesses were affected by the

high water. A feasibility study began in 1999, and the results were presented to the City Council in 2001. The design was completed

quickly for the one-mile portion to be included in the TxDOT plans. The remainder of the phases were designed and constructed with

the project operational by late 2009. An additional phase will be constructed with the widening of Milwaukee Avenue at 98th Street and

will connect the final lake to this storm sewer system.

$2.7 million was appropriated in FY 2000-01 Budget, Ord. No. 2000-00050, September 27, 2000.

$300,000 was appropriated in FY 2000-01, Budget Change Request 1666, March 28, 2001.

$7.0 million was appropriated in FY 2002-03 Budget, Ord. No. 2002-00095, September 26, 2002.

$28.5 million was appropriated in Revised FY 2002-03 Budget.

$1.5 million was appropriated in Revised FY 2003-04 Budget.

Reduced funding by $4.5 million in FY 2004-05, Budget Change Request 1925, Ord. No. 2005-00041, April 28, 2005.

$4.0 million was appropriated in FY 2005-06, Budget Change Request 1946, Ord. No. 2005-00106, September 8, 2005.

$4.1 million was appropriated in FY 2005-06, Budget Change Request 1968, Ord. No. 2006-00040, April 13, 2006.

$3,055,000 was appropriated in FY 2006-07 Budget, Ord. No. 2006-00098, September 13, 2006.

$8.25 million was appropriated in the FY 2007-08 Budget, Ord. No. 2007-00091, September 13, 2007.

Reduced funding by $600,000 in FY 2009-10 Budget Amendment No. 4, Ord. No. 2009-O0105, November 19, 2009. (Moved funding

to 92174).



Appropriation to

Date

Total Project


Construction 47,157,000 0 0 0 0 0 0 47,157,000

Construction Management Support 3,348,000 0 0 0 0 0 0 3,348,000

Design and Engineering 3,300,000 0 0 0 0 0 0 3,300,000

Other Activities 500,000 0 0 0 0 0 0 500,000




Funding to

Date

Total


2003 Storm Water CO's 36,438,910 0 0 0 0 0 0 36,438,910

FY 2006 Storm Water CO's 8,100,000 0 0 0 0 0 0 8,100,000

FY 2007 Storm Water Revenue

CO's

3,055,000 0 0 0 0 0 0 3,055,000


CO's

6,711,090 0 0 0 0 0 0 6,711,090



InformationAgenda ItemContract Resolution - Public Works Engineering: Consider a resolution authorizing the Mayor to executeContract 11171, an Agreement for Professional Services, with Kimley Horn and Associates, Inc., for ConstructionPhase Services on the Milwaukee Avenue paving project from 94th Street to 114th Street.

Item SummaryThis Agreement is for construction phase services on the Milwaukee Avenue paving project. The scope of workincludes participation in the pre-construction conference, providing continuous on-site construction observationservices for the duration of the project, recommendations of any defective work by the contractor, providingclarification and interpretations of the plans and specifications, preparing any required change orders, reviewingany shop drawings and sample submittals by the contractor, reviewing and determining acceptability of anysubstitutes proposed by the contractor, review of testing results, preparation of applications for monthly and finalpayments to the contractor, conduct of final site visit, preparation of final notice of acceptability of contractor’swork, and preparation of record drawings of the as-built construction.

This Agreement is a not to exceed amount of $460,700 for all labor and reimbursable expenses. The number ofhours tasked to perform each item and proposed compensation rates have been reviewed by staff and believed to bewithin the professional engineering scope necessary to complete this project.

Texas Government Code, Chapter 2254, prohibits municipalities from selecting a provider of professional serviceson the basis of competitive bids and requires municipalities to award the contract on the basis of demonstratedcompetence and qualifications. Furthermore, a procurement of professional services is exempt from competitivebidding pursuant to Texas Local Government Code 252.022(a)(4).

Fiscal Impact$54,305,000 is appropriated in Capital Improvement Projects 92220, 91035, 91039, and 90141 with $460,700available for this purpose.


AttachmentsResolution - Milwaukee RPRContract - Milwaukee & 98thBudget DetailCIP DetailCIP Detail 91035, 91039, 90141

RESOLUTION


THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock, a Professional Services Agreement forproviding construction phase services for the Milwaukee Avenue from 94th Street to I 14th

Street, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., andrelated documents. Said Agreement is attached hereto and incorporated in this resolutionas if fully set forth herein and shall be included in the minutes of the City Council.


______________ ________________


ATTEST:

Rebecca Garza, City Secretar


Marsha Reed, RE., Chief Operations Officer

APPROVER AS TO FORM:// /

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sj:ccdocs/RESAgreement-Kimley-Horn and Associates. Inc.January28, 2013

Milwaukee Avenue Reconstruction — 94th Street to 1141h Street

Construction Phase Services

Professional Services Agreement

Kimlev—Horn and Associates. Inc. (“KHA” or “the Consultant”) and the City of lubbock (“the Client”)herein enter into this Professional Services Agreement for providing Construction Phase Ser ices for theMilwaukee Avenue Reconstruction — 9441 Street to II 45 Street project. The general project description,scope of services. schedule. and fee set forth are below.

General Project flescription (the ‘Proect”)

The project includes the widening of Milwaukee Avenue from940 Street to I 140 Street The roadway will

be widened from an existing 2 lane asphalt roadway to a 7 lane undivided concrete •T-2” thoroughfare.Drainage improvements include the construction of a storm drain heteen playa lakes 94 and 94A. Theproject also includes water and sewer upgrades along Milwaukee Avenue, continuous roadwayillumination, and traffic signals at the 98th Street and 114th Street intersections.

The project also includes constructing strip paving on 9$th Street from a point just vest of MilwaukeeAvenue to Huron Avenue. The existing 2-lanes will he expanded to 3-lanes and will be constructed usingasphalt pavement. Drainage improvements include the extension of the South Lubbock Storm DrainageProject from its current end point at Juneau Avenue to west of Milwaukee Avenue. The project willinclude water and sewer upgrades along 98th Street

This Agreement is only for construction phase services for the reconstruction of the project as describedabove. The construction phase services will be provided in conjunction with a resident projectrepresentative subconsultant (Walker RPR Services. Inc.) and a construction materials testingsubconsultant (CMT Engineering, Inc.).

Scope of Services

KHA, or its subconsultant. shall perform all activities (the “Services”) and within the time frames asdescribed in Attachment A, Scope of Services and/or as otherwise provided herein.

(See ui/ached Scope of Services (herein so called -l itachineni A, incorporated herein/or all purposes)

Information Provided By Client

KI—IA shall he entitled to reasonably rely on the completeness and accuracy of all information provided bythe Client. The Client shall provide all available non—confidential information in ihe possession of theClient requested by KHA during the Project.

Schedule

The Client anticipates the construction phase to last twelve (12) months. KHA will provide the Servicesas expeditiously as practicable during the construction phase of the project. The project’s constructionphase will conclude upon delivery of the final record dra ings to the Client once construction iscomplete. The Client recommends including a three (3) month contingencY on the schedule toaccommodate any unforeseen potential delays. Therefore, the term on this Agreement is fifteen (15)months after receipt of a properly executed original of this Agreement.

COy of Lubbock - MOwaukee Avenue Reconstruction 44a Street to 114 Street Page I of 11Scope of Services — Construction Phase Services January 28, 201)

Ifthe construction phase extends beyond the ii fteen (15) months, KH1\ will pros ide continuedconstruction phase services on an Additional Services basis but only upon written request by the City.

Fee and BiIIin

KHA will provide the tasks identified in the Scope of Services on a labor fee plus expense (reimbursable)basis. For your budgeting purposes we recommend allocating S460,700 for the reimbursable tasks. Thebudgeted amount will not he exceeded without the client’s prior written approval and amendment ofthisAgreement. The reimbursable Ie breakdowns in the workplan are provided Lw budgeting purposes onlyand are not intended to represent a specific budget for each reimbursable task, KHA reserves the right toreallocate the reimbursable budget among tasks as determined necessary’ by KFIA. Labor fees will bebilled according to the attached rate schedule, which is applicable for up to 15 months aller the (late ofexecution of this Agreement. Direct reimbursable expenses such as express delivery services. fees, andother direct expenses v ill be billed at 1.10 times cost. Subconsultant expenses \ill be billed as a directexpense at 1.05 times cost. All permitting. application, and similar project fees will be paid directly by theClient.

Reimbursable fees will be invoiced monthly based on the actual amount of services performed andexpenses incurred. Payment of all fees will be due within 30 days of your receipt of the invoice.

Closure

In addition to the matters set forth herein, this Agreement shall include and be subject to. and only to, theterms and conditions in the attached Standard Provisions and other attachments made a pail of thisAgreement, which are incorporated herein by reference for all purposes.

KHA, in an efibrt to expedite invoices and reduce paper waste, offers its clients the option to receiveelectronic invoices. For this project we intend to submit invoices via email in PDF format and by papercopy.

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City of Iuhhock Iwauke \venue Reconstrueflon 94’ Strcct to 1 14 Street Pace 2 of IIScope of Scruices Construction Phase Services January 25. 2’ 13

Incorporation

Attachments A, A-i, B and C are in hereby expressly incorporated in this Agreement for all purposes.

Executed and effective this cla of February. 2013.

KIMLEY-HORN AND ASSOCIATES, INC.

BYa/r

Title: Senior Vice President

CITY OF LUBBOCK

Glen Robertson, Mayor

ATTEST:

Rebecca Garza. City Secretary


*oocfFrariklin, lT.,Citydngrieer

APPROVE9ASTQFORr1:

Chad Weaver. Assistant City Attorney

Attachments — Standard ProvisionsAttachment A—I — Additional TermsAttachment A — Scope of ServicesAttachment B — Current I burly Rate ScheduleAttachment C — Workplans (C-I and C-2)

City of Lubbock Milwaukee Avenue Reconstruction - 94° Street to 11 4 Street Page 3 of IScope of Services--Construction Phase Services Ianuarv 28. 2013

KIMI’-FIOkN AM) ASSO(IATES, INC.STAN I)4.RD PROVISIONS

(I ) Consultant’s Scope of Services and Additional Services. The Consultant’s undertaking to performprofessional services extends only to the services speciflcall described in this Agreement. However, if requested bythe Client and agreed to by the Consultant by amendment to this Agreement, the Consultant will perform additionalservices (“Additional Services”), and such Additional Services shall he governed by these provisions. Unlessothers ise agreed to in w ritine. the Client shall pa the Consultant tbr the perfrrmance of an Additional Services inaccordance with the Fee and Billing section of this Agreement.

(2) Client’s Responsibilities. In addition to other responsibilities described herein or imposed by law, the Clientshall:(a) Designate in writing a person to act as its representative with respect to this Agreement, such person havingcomplete authority to transmit instructions, receive information, and make or interpret the Client’s decisions, so longas such decisions do not increase the expenditures of funds hereunder or other ise alter the terms of this Agreement.(b) Provide all information and criteria as to the Client’s requirements, objectives, and expectations for the projectincluding all numerical criteria that are to he met and all standards of development, design, or construction.(c) Provide to the Consultant all previous noncontidential studies, plans, or other documents pertaining to theproject in its actual possession, so long as Client shall be alloyed to rely on such material, as such material shallrelate to the Project, and all new data reasonably necessary in the Consultants opinion, such as site survey andengineering data, environmental impact assessments or statements. zoning or other land use regulations. upon all ofwhich the Consultant may rely if such reliance shall be reasonable.(d) Arrange for access to the site and other private or public property as required for the Consultant to provide itsservices.(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertainingthereto within a reasonable time so as not to delay the services of the Consultant, so long as such decisions do notincrease the expenditures of funds hereunder or otherwise alter the terms of this Agreement.(I’) Furnish approvals and permits from goernmental authorities having jurisdiction over the project and approvalsand consents from other parties as may he necessary for completion of the Consultant’s services,(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibilityservices as the Client may require in furtherance of the project development.(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development thataffects the scope and timing of the Consultant’s services or any defect or noncompliance in any aspect of the project.(i) Bear all costs incident to the responsibilities of the Client, unless provided otherwise herein.

(2A) The City Council of Client herein delegates the authority to act as the Client’s representative under thisAgreement to the City Engineer of Client, or his/her designee.

(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of aproperly executed copy of this Agreement. This Agreement is made in anticipation of conditions permittinucontinuous and orderly progress through completion of the services. Times for performance shall be extended asnecessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay orsuspension extends for more than six months (cumulatively), Consultant’s compensation shall be renegotiated.

(4) Method of Pavnient. C’umpensation shall he paid to the Consultant in accordance with the followingprovisions:

(a) Invoices will he submitted periodically. ‘ ia regular mail or email. for services performed and expenses incurred.if allowed by this Agreement. Payment of each invoice will be due within 30 days of receipt. Interest will be addedto accounts at the rate as provided by the Texas Government Code. If the Client fails to make any payment due theConsultant under this or any other agreement within 30 days after the Consultant’s transmittal of its invoice, theConsultant ma . after gi ing notice to the Client, suspend ser ices until all amounts due are paid in full.

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-— Construction Phase Services Januar’ 25 20

b) l’he Client agrees that the payment to the Consultant is not subject to any contingenc or condition, except aspros ided in this Agreement. The Consultant may necotiate pa ment of any check tendered h the Client, even if thewords “in full satisfaction” or words intended to have similar effect appear on the check without such negotiationbeing an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collectadditional amounts from the Client,

(5) Use of Documents. All documents, including but not limited to drasvines. specifications. reports. and data orprograms stored electronically, prepared by the Consultant are related excIusiely to the ser ices described in thisAgreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are notintended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this projector on any other project .Anr modifications made by the Client to any of the Consultant’s documents, or any use.partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at theClient’s sole risk and s ithout liahilit to the Consultant, and the Client shall indemnify, defend and hold theConsultant harmless from all claims, damages, losses and expenses. including but not limited to attorneys’ fees,resulting therefrom. The Consultant’s electronic files and source code developed in the development of applicationcode remain the property of the Consultant and shall be provided to the Client only if expressly provided for in thisAgreement. An electronic files not containing an electronic seal are pro ided only for the convenience of theClient, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or anydiscrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shallgovern. Because data stored in electronic media format can deteriorate or be modified without the Consultant’sauthorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted thedata.

(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or servicesfurnished by others, methods of determining prices, or competitive bidding or market conditions, any opinionsrendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be madeon the basis of its experience and represent its judgment as an experienced and qualified professional. familiar withthe industry. Fhe Consultant cannot and does not guarantee that proposals. bids or actual costs will not vary from itsopinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independentcost estimator. Consultant’s services required to bring costs ithin any limitation established by the Client will bepaid for as Additional Services.

(7) Termination. The obligation to provide further services under this Agreement may be terminated by eitherparty upon seven days’ written notice in the event of substantial failure by the other party to perform in accordancewith the terms hereof through no fault of the terminating party, or upon thirty days’ written notice for theconvenience of the terminating party. If any change occurs in the ownership of the Client, the Consultant shall havethe right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid forall services rendered and expenses incurred to the effective date of termination, and other reasonable expensesincurred by the Consultant as a result of such termination. If the Consultant’s compensation is a fixed fee, the amountpayable for services will be a proportional amount of the total fee based on the ratio of the amount of the servicesperformed, as reasonably determined by the Consultant, to the total amount of services which were to have beenperformed.

(8) Insurance. The Consultant carries \Vorkers’ Compensation insurance, professional liahilit insurance, andgeneral liability insurance as set forth in Attachment A-I.

(9) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skillordinarily exercised by consultants performing the same or similar services in the same locality at the time theservices are provided. No warranty. express or implied, is made or intended by the Consultant’s undertaking hereinor its performance of’ services, and it is agreed that the Consultant is not a fiduciar with respect to the Client.

(10) LIMITATION OF DAMAGES. Under no circumstances shall the Consultant be liable for extra costs or otherconsequences due to changed conditions, or for costs related to the failure of contractors to perform work inaccordance with the plans and specifications.

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(II) Mutual Waiver of Consequential l)ainages. in no event shall either parrt be liable to the other for anyconsequential. incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

12) ( ertifications. The Consultant shall not be required to execute certilications or third—parts reliance letters thatare inaccurate, that relate to facts of which the Consultant does not ha e actual knowledge, or that ould cause theConsultant to violate applicable rules of professional responsibility.

13) [Intentionally omitted]

14) Hazardous Substances and Conditions. In no e ent shall Consultant be a custodian, transporter, handler,arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultants services will belimited to professional analysis, recommendations, and reportino. including, ‘a hen agreed to. plans and specificationsfor isolation, removal, or remediation. The Consultant shall notify the Client of hazardous substances or conditionsnot contemplated in the scope of services of which the Consultant actually becomes aware. [pon such notice by theConsultant, the Consultant may stop affected portions of its services until the hazardous substance or condition iseliminated.

(15) Construction Phase Services.(a) lintentionally omitted](b) The Consultant shall have no responsibility for any contractor’s means, methods, techniques. equipment choiceand usage, sequence. schedule, safety programs, or safety practices. nor shall Consultant have any authority orresponsibility to stop or direct the work of any contractor. The Consultant’s visits will he for the purpose ofendeavoring to provide the Client a greater degree of confidence that the completed work of its contractors willgenerally confom to the construction documents prepared by the Consultant. Consultant neither guarantees theperfomance of contractors. nor assumes responsibility for any contractor’s failure to perform its work in accordancewith the contract documents.(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contractthat are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shallstate that the contractor shall be solely responsible for •job site safety and for its means and methods: that thecontractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents:and that the Client and the Consultant shall be made additional insureds under the contractor’s general liabilityinsurance policy.(d) The Consultant is not responsible for the design of the design professional and does not assume the role or dutiesof the construction documents’ Engineer of Record, including but not limited to performing quality control, designreview, or peer review of the construction contract documents. The Consultant’s services will be limited to the roleof Resident Project Representative and the Engineer of Record for any changes to the construction contractdocuments during the construction phase.

(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benetitsto anaone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to thisAgreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer anyrights under or interest in this Agreement. or any claim arising out of the performance of services by Consultant,without the written consent of the Consultant. The Consultant reserves the right to augment its staff withsubconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultantexercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,regardless of whether the services are provided by in-house employees, contract employees, or independents ubcon s u I tants

(17) Confidentialit. The Client consents to the use and dissemination by the Consultant of photographs of theproject and to the use by the Consultant of facts, data and information obtained by the Consultant in the performanceof its services. If, however, any facts, data or information are specifically identified in writing by the Client asconfidential, the Consultant shall use reasonable care to maintain the confidentiality of that material.

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(18) Miscellaneous Provisions. Fhis Agreement is performable in Lubbock Counts. Texas and is to be governedby the law of the State of Texas. Venue for an action under or related to this Agreement shall exclusively lie incourts of competent jurisdiction in Lubbock County. Texas. This Agreement contains the entire and fully integratedagreement between the parties and supersedes all prior and contemporaneous negotiations, representations.agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can hesupplemented or amended only by a written document executed by both parties. Provided, however, that anyconflicting or additional terms on any purchase order issued by the Client shall be void and are hereh expresslyrejected by the (‘onsultant. Any pros ision in this Aureement that is unenforceable shall be inefti,cti e to the extent ofsuch unenfbreeahilit without invalidating the remaining pro\ isions. The non—entbrccment ofan provision Es eitherparty shall not constitute a waiver of thai provision nor shall it affect the enforceability of that provision or of theremainder of this Agreement.

City of lubbock — Milwaukee \\enuo Reconstruction - W Street to 14 Street Pace 7 ofScg’e of Sers ices - (‘oiitruction Phase Scr ices Jantiars 28. 2fl 3

A’Fi’rCHMENf A1

ADDITIONAL TERMS

Independent Contractor. It is understood and agreed that Consultant is to perform the Services in a sound

and professional manner and exercising the decree of care. skill and diligence in the performance of the

Ser ices as is exercised h a prol’essional Consultant under similar circumstances and Consultant hereby

warrants to the Client that the Services shall be so performed. Further, Consultant is and shall be considered

at all times an independent contractor under this Agreement and/or in its ser ice, hereunder. During the

performance of the Services under this Agreement. Consultant and Consultant’s employees will not be

considered, for any purpose, employees or agents of the Client within the meaning or the application of any

federal, state or local law or regulation. including without limitation, laws, rules or regulations regarding or

related to unemployment insurance, old age benefits. orkers compensation. labor, personal injury or taxes of

any kind.

2. Events of Default/Remedies

a. Client’s Defaults/Consultant’s Remedies. In the event the Client shall default in the perfbrmance of an

term or provision of this Agreement for any reason other than failure by Consultant to perform hereunder,

Consultant may. if said default shall be continuing after five (5) days notice of such default is deemed

received by the Client, exercise any right or remedy available to it by law, contract, equity or otherwise.

b. Consultant’s Defaults/Client’s Remedies. In the event Consultant shall default in the performance of any

term or provision of this Agreement for any reason other than failure by the Client to perform hereunder.

the Client may. if said default shall be continuing after fie (5) clays notice of such default is deemed

received by Consultant, exercise any right or remedy available to it by law, contract, equity or otherwise,

including without limitation, specific pertbrmance and/or the right to terminate this Agreement without

additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised

concurrently.

3. Insurance/Indemnity

Consultant shall procure and carry, at its sole cost and expense through the lité of this ,Agreement, insurance

protection as hereinafter specified, in form and substance satisfactory to Client, carried with an insurance

Citvol I uhhock — \1 lw aukec .\venue Reconstruction — )1 Street to I 4 Street Page 8 ot IScope olSe sces Construction Phase Sew ices Januar 5 Pt S

compan authorized to transact business in the state of Texas. covering all aspects and risks of loss of all

operaflons in connection with this Agreement, including shcre obtainable, the indemnity obligations set

forth herein.

Consultant shall obtain and maintain in full force and elTct during the term of this Agreement. and

shall cause each approved subcontractor or subconsultant of Consultant to obtain and maintain in full force

and effect during the term of this Agreement, commercial general liability. professional liability and

automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The

insurance companies must carry a Best’s Rating of AVll or better. The policies will be written on an

occurrence basis, subject to the following minimum limits of liability

Commercial General Liability:

Combined Single Limit: $ 1,000.000

Professional Liability:

Combined Single Limit: SI ,000.000

Automobile Liability:

Combined Single Limit for any auto: $500,000 Per Occurrence

The Client shall be listed as a primary additional insured with respect to the Automobile Liability and

Commercial General Liability and shall he granted a waiver of subrogation under those policies.

Consultant shall provide a Certificate of Insurance to the Client as evidence of coverage. The Certificate

shall provide 30 days notice of cancellation A copy of the additional insured endorsement and saiver of

subrogation attached to the policy will be included in the Certificate.

Consultant shall elect to obtain worker’s compensation coverage pursuant to Section 406.002 of

the Texas Labor Code. Further. Consultant shall maintain said coverage throughout the term of this

Agreement and shall comply with all provisions of Title 5 of the Texas [.abor Code to ensure that the

Consultant maintains said coverage. The Consultant may maintain Occupational Accident and Disability

Insurance in lieu of Worker’s Compensation. In either event, the policy must be endorsed to include a

waiver of subrogation in favor of the City of Lubbock.

City of Lubbock — Milwaukee Avenue Reconstruction 94 Street to II 4 Street Page 9 of IScope of Services Construction Phase Services January 25 2013

If at any time durinL’ the life of the -\reement or an extension hereof. Consultant fails to

maintain the required insurance in full fircc and effect. Consultant shall he in breach hereof and all work

under the Agreement shall be discontinued immediately.

For all matters related to its professional ser ices. Consultant shall indemnify and hold Client and

Client’s elected officials, officers. aeents. and emplo ees harmless, to the fullest extent permitted b law.

from and against any and all claims, demands, damages, costs, liabilities and expenses, and including

reasonable attorney’s fees, to the extent arising out of neglioent acts, errors. and omissions of Consultant.

its agents. ser ants, or employees. For all other matters. Consultant shall indemnify and hold Client and

Client’s elected officials, officers, agents, employees, and independent contractors harmless, to the fullest

extent permitted by law, from and against any arid all claims, demands, damages, costs, liabilities and

expenses, and including reasonable attorney’s fees as a result of, related to or arising from Consultant’s use

or occupation of Client owned lands, and/or any matter related to Consultant’s activities, performances,

operations or omissions under this Agreement, except as may otherwise be limited by this Agreement. The

indemnity provided herein shall survive the expiration or termination of this Agreement.

4. Compliance with Law. Consultant shall comply with all applicable laws, statutes, regulations. ordinances,

rules and any other legal requirement related to, in any way, manner or form, the performance of the

Services contemplated herein.

5. Notice. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in

person or by telephonic facsimile: or (ii) deposited in the United States mail by certified letter, return

receipt requested, addressed to the recipient at recipient’s address shown below, subject to the right of

either party to designate a different address by notice given in the manner just described. iSoticc shall be

deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in

the United States mail, as set forth above. three (3) days after depositine such notice in the F nited States

mail, as set forth above.

For Client: Wood Franklin, P.E., City EngineerP.O. Box 2000Lubbock. Texas 79457Facsimile: (806) 775-3074

(itv 01 lubbock-— \lilssaukce Avenue Reconstruction 94 Street to 4 StreetScope ot Seivices — Construction Phase Ser ices

Pace lit ol IIJanuar 1$.

copY to: Marsha Reed. RE.. Chief Operating OfficerP.O. Box 2000Lubbock, Texas 79457Facsimile: (806) 775-3074

For Consultant: 0. Brad Tribble, RE.. Senior Vice PresidentKimlev-Horn and Associates, Inc.2201 \\ . Roal Lane. Suite 275lr ing. TX 75063-3206Facsimile: (214) 420-5680

6. No Joiiit Lnterprise. \othing contained herein shall be construed to impk a joint venture, joint enterprise.

partnership or principal — agent relationship between Consultant and the Client.

7. Authority. Consultant represents and warrants to Client that it has taken all actions necessar to authorize

the party executing this Agreement to bind, in all respects. Consultant to all terms and provisions of this

Agreement, and that such person possesses authority to execute this Agreement and bind Consultant hereto.

8. Jurisdictiou. The City reserves the right to exercise any right or remedy available to it by law. contract.

equity. or otherwise, including without limitation, the right to seek any and all forms of relief in a court of

competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising

its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not

exclusive. and may be exercised concurrently. To the extent of any conflict between this pro\isiOn and

another provision in. or related to, this document, this provision shall control.

(it ofLubbock MI\\aukec Avenu Reconstruction — Street to I I4 Stteet Page t of IScope of Services — (onstruction Phase Services Januarv 28. 2013

Attachment A Scope of Services

Milwaukee Ave. Reconstruction — 94thSt. to li4” St. - Construction Phase Services

Consultant \sill provide construction phase ser ices as specilicallv stated beIo

Construction Phase Services:

Pre-Construction Conference. Consultant will prepare for and attend a Pre-Construction Conti.renceprior to commencement of Work at the Site.

Visits to Site and Observation of Construction. Consultant will provide the follo ing servicesthroughout construction:

• Coordination as required with Engineer ol Record:Engineer of Record of any changes to the construction contract documents during theconstruction phase; and

• Resident Project Representative; and. Construction Materials Testing.

Engineer. Consultant’s role as Engineer will include providing on-site construction observation servicesduring the construction phase. Consultant will make visits at intervals as directed by Client in order toobserve the progress of the Work. Such visits and observations by Consultant are not intended to beexhaustive or to extend to every aspect of Contractor’s work in progress. Observations are to he limited tospot checking, selective measurement, and similar methods of general observation of the Work based onConsultant’s exercise of professional judgment. Based on information obtained during such visits andsuch observations, Consultant will evaluate whether Contractor’s work is generally proceeding inaccordance with the Contract Documents, and Consultant s ill keep Client informed of the generalprogress of the Work.

Resident Project Representative. Consultant’s role as Resident Project Representative will includefurnishing a Resident Project Representative (“RPR’) to assist Consultant in observing progress andquality of the Work.

The duties and responsibilities of the RPR are limited to those of Consultant in the Agreement ith theClient and in the Contract Documents, and are further limited and described as follows:

General. RPR is Consultant’s agent at the Site, will act as directed by and under the supervisionof Consuhant. and v ill confer with (‘onsuliant regarding RPR’s actions.

RPR’s dealings in matters pertaining to a Contractor’s work in progress shall in general bewith Consultant and Contractor, keeping Client advised as necessary.

N RPR’s dealings with subcontractors shall only be through or with the full knowledge andapproval of Contractor.RPR shall generally communicate ith Client v ith the kno ledge of and under the directionof Consultant.

2 hedules. Review the progress schedule. schedule of Shop F)rawing and suhniittals. and anyother schedules prepared by Contractor and consult with Consultant concerning acceptability.

(itv el Lubbock Milwaukee Ave. -- 64° St to I I4 St. Pauc I of 6Scope otSe, S ices — Construction Phase Services JanLiarv 18. 13

3. (on/’rences and ZtIeetings. Attend meetings with Contractor, such as preconstructionconferences, progress meetings. job conferences and other project-related meetings. and prepareand circulate copies of minutes thereof.

4. Liaison.Serve as Consultants liaison s ith Contractor, working principally through Contractorssuperintendent, and assist in providing information regarding the intent of the ContractDocuments.Assist Consultant in serving as Clients liaison s ith Contractor when Contractors operationsaffect Clients on—Site operations.Assist in obtainine trom Client additional details or information. when required tir properexecution of the Work.

5. Interpretation of Contract Documents. Report to Consultant when clarifications andinterpretations of the Contract Documents are needed and transmit to Contractor clarificationsand interpretations as issued by Consultant.

6. Shop Dmaiiings and Subinitials• Maintain Shop Drawing and Submittal Record log.

Advise Consultant and Contractor of the commencement of any portion of the WorkreqLliring a Shop Drawing or submittal for which RPR believes that the submittal has notbeen approved by Consultant.

Alodi/ications. Consider and evaluate Contractors suggestions for modifications in Drawings orSpecifications and report such suggestions, together with RPR’s recommendations. 10 Consultant.Transmit to Contractor in writing decisions as issued by Consultant.

8. Review of Work and Rejection ofDefiwtive WorkConduct on-Site observations of Contractors work in progress to assist Consultant indetermining if the Work is in general proceeding in accordance with the Contract Documents.Report to Consultant whenever RPR believes that any part of Contractors work in progresswill not produce a completed project that conforms generally to the Contract Documents orwill imperil the integrity of the design concept of the completed Specific Project as afunctioning whole as indicated in the Contract Documents, or has been damaged. or does notmeet the requirements of any inspection, test or approval required to be made; and adviseConsultant of that part of work in progress that RPR believes should be corrected or rejectedor should be uncovered for observation, or requires special testing, inspection or approval.

9. Jnspections, Tests, and System Start—upsConsult with Consultant in advance of scheduled major inspections, tests, and systems startups of important phases of the Work.

• Verify that tests, equipment. and systems start—ups and operating and maintenance trainingare conducted in the preseT1ce ot appropriate Clients personnel, and that Contractor maintainsadequate records thereof

• Observe, record, and report to Consultant appropriate details relative to the test proceduresand systems start-ups.

• Accompany visiting inspectors representing public or other agencies having jurisdiction overa Specific Project, record the results of these inspections, and report to Consultant.

City oil ,ubboek MiIaukee Ave. — 94 St to 114° St. Page 2 o16Scope of Services Construction Phase Services Januar 15. 2013

1(1, RecordcMaintain at the Site orderly files for correspondence. reports of job conferences.reproductions of original Contract Documents including all Addenda. Change Orders. FieldOrders, additional Dra ings issued subsequent to the execution of the Contract. Consultant’sclarifications and interpretations of the Contract Documents. progress reports. Shop Dras ingand submittals received from and delivered to Contractor, and other Specific Project-relateddocuments.Prepare a daily report or keep a diary or log book. recording Contractors hours on the Site.eather conditions, data relative to questions of Change Orders. Field Orders, or changedconditions. Site visitors, daily activities. decisions. observations in general, and specificobservations in more detail as in the case of observing test procedures: and send copies toConsultant.

‘ Record names, addresses, fax numbers, e-mail addresses, web site locations and telephonenumbers of all Contractors, subcontractors, and major suppliers of materials and equipment.

• Maintain records for use in preparing project documentation.Upon completion of the Work, furnish original set of all RPR Specific Project documentationto Consultant.

11. ReportsFurnish to Consultant periodic reports as required of progress of the Work and of Contractor’scompliance \ith the progress schedule and schedule of Shop Drawing and submittals.Draft and recommend to Consultant proposed Change Orders and Field Orders. Obtainbackup material from Contractor.

• Furnish to Consultant and Client copies of all inspection, test, and system startup reports.• Immediately notify Consultant of the occurrence of any Site accidents. emergencies, acts of

God endangering the Work, damage to property by fire or other causes, or the discovery ofany Constituent of Concern.

12. J’avine,it Request. Review Applications for Pay ment with Contractor for compliance with theestablished procedure fir their submission and forward with recommendations to Consultant.noting particularly the relationship of the payment requested to the Work completed. andmaterials delivered at the Site but not incorporated in the Work.

13. Certijlcates, Operation and Maintenance Manuals. During the course of the Work, verify thatmaterials and equipment certificates. operation and maintenance manuals and other data requiredby the Specifications to be assembled and furnished by Contractor are applicable to the itemsactually installed and in accordance with the Contract Documents, and have these documentsdelivered to Consultant for reiew and forwarding to Client prior to payment for that pail of theWork.

14. Completion• Participate in a Substantial Completion inspection, assist in the determination of Substantial

Completion and the preparation of lists of items to be completed or corrected.• Participate in a final inspection in the corn panv of Consultant. Client, and Contractor and

prepare a final list of items to be completed and deficiencies to be remedied.Observe whether all items on the final list have been completed or corrected and makerecommendations to Consultant concerning acceptance and issuance of the Notice ofAcceptability of the Work.

City of lubbock — Milwaukee Ave. 94 St. to I l4 St. Page 3 of 6Scope ol Services - Construction Phase Services January 8 2(113

ResidL’/lI Pr/ec-t ReprL’s’fltaIit’e shall oat:

Authorize any deviation from the Contract Documents or substitution of materials or equipment(including or—equal’ items).

• Exceed limitations of Consultant’s authority as set forth in the Agreement or the ContractDocuments.

— Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor’ssuperintendent.

• Advise on. issue directions relative to. or assume control over any aspect of the means, methods.techniques, sequences or procedures of the Contractor’s ork unless such advice or directions arespecifically required by the Contract Documents.Advise on, issue directions regarding, or assume control over safety practices, precautions andprograms in connection with the activities or operations of Client or Contractor.Participate in specialized field or laboratory tests or inspections conducted off-site by othersexcept as specihcally authorized by Consultant.

• Accept Shop Drawings or submittals from anyone other than Contractor.Authorize Client to occupy a Specific Project in whole or in part.

Through such observations of Contractor’s work in progress and field checks of materials and equipmentby the RPR. Consultant shall endeavor to provide Client a greater degree of confidence that the completedWork will conform in general to the Contract Documents. However. Consultant shall not, during suchvisits or as a result of such observations of Contractor’s work in progress. supervise, direct, or havecontrol over Contractor’s work, nor shall KHA have authority over or responsibility for the means,methods, techniques, equipment choice and usage, seq Liences, schedules, or procedures of constructionselected be Contractor. for safety precautions and programs incident to Contractor’s work. nor (hr anyfailure of Contractor to comply with laws and regulations applicable to Contractor’s furnishing andperforting the Work. Accordingly. Consultant neither guarantees the performance of any Contractor norassumes responsibility for any Contractor’s failure to furnish and perform its work in accordance with theContract Documents.

Recommendations with Respect to Defective Vork. Consultant w ill recommend to Client thatContractor’s work be disapproved and rejected while it is in jogi’ it on the basis of such observations.Consultant believes that such work will not produce a completed Project that conforms generally toContract Documents.

Clarifications and Interpretations. C’onsultant will respond to reasonable and appropriate Contractorrequests for information and issue necessary clarifications and interpretations of the Contract Documentsto Client as appropriate to the orderly- completion of Contractor’s work. Any orders authorizing variationsfrom the Contract Documents will be made by Client.

Change Orders. Consultant may recommend Change Orders to Client, and vvill review and makerecommendations related to Change Orders submitted or proposed be the Contractor.

Shop Drawings and Submittals. Consultant will review and approve or take other appropriate action inrespect to Shop Drawings and Submittals and other data which Contractor is required to submit, but onlyfor conformance with the information given in the Contract Documents. Such revievv and approvals orother action will not extend to means. methods. techniques, equipment choice and usage. sequences.schedules. or procedures of construction or to related safety- precautions and programs.

Cit of lubbock — Nijiwaukec A e — Q.f St 10 114 SL Pace 4 ot6Scope ui Serv,ccs (onstruction Phase Ser\ es January liP b1 3

Substitutes and or-equal.’ Evaluate and determine the acceptability of substitute or “or-equal’materials and equipment proposed b Contractor in accordance v ith the Contract Documents. but subjectto the provisions of applicable standards of state or local overnment entities.

Inspections and Tests. Consultant, through its subconsultant. v ill perform special inspections or tests ofContractor’s ssork as Consultant deems appropriate, and may receive and review certificates ofinspections within Consultant’s area of responsibility or of tests and approvals required by laws andregulations or the Contract Documents. Consultant’s review of such certificates will he for the purpose ofdetermining that the results certified indicate compliance with the Contract Documents and ill notconstitute an independent evaluation that the content or procedures of such inspections. tests. or approvalscomply with the requirements of the Contract Documents. Consultant shall be entitled to rel\ on theresults of such tests and the facts being certifled,

Disagreements between Client and Contractor. Consultant wilL if requested by Client, render writtendecision on all claims of Client and Contractor relating to the acceptability of Contractor’s work or theinterpretation of the requirements of the Contract Documents pertaining to the progress of Contractorswork. In rendering such decisions. Consultant shall be fair and not show partiality to Client or Contractorand shall not he liable in connection with any decision rendered in good faith in such capacity.

Applications for Payment. Based on its observations and on review of applications for payment andaccompanying supporting documentation, Consultant will determine the amounts that Consultantrecommends Contractor be paid. Such recommendations of payment ‘C’. ill be in \\riting and will constituteConsultant’s representation to Client, based on such observations and review, that, to the best ofConsultant’s knowledge. information and belief, Contractor’s work has progressed to the point indicatedand that such work-in-progress is generally in accordance with the Contract Documents subject to anyqualifications stated in the recommendation. In the case of unit price work, Consultant’srecommendations of payment will include determinations of quantities and classifications of Contractor’swork. based on observations and measurements of quantities provided with pay requests.

By recommending any payment. Consultant shall not thereby be deemed to have represented that itsobservations to check Contractor’s work have been exhaustive, extended to ever’ aspect of Contractor’swork in progress, or involved detailed inspections of the Work beyond the responsibilities specificallyassigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to makeany examination to ascertain how or for what purposes Contractor has used the moneys paid on accountof the Contract Price, nor to determine that title to any portion of the work in progress. materials, orequipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances. northat there max not be other matters at issue between Client and Contractor that might affect the amountthat should be paid.

Substantial Completion. Consultant will, promptly after notice from Contractor that it considers theentire Work ready for its intended use. in company with Client and Contractor, conduct a site visit todetermine if the Work is substantially complete. Work will be considered substantially completefollowing satiskictory completion of all items with the exception of those identified on a final punch list.If after considering any objections of Client. Consultant considers the Work substantially complete.Consultant will notify Client and Contractor.

Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if thecompleted Work of Contractor is generally in accordance with the Contract Documents and the finalpunch list so that Consultant may recommend. in \\riting. final payment to Contractor. Accompanyingthe recommendation thr final payment. Consultant shall also provide a notice that the Work is generally

City of Lubbock Milwaukee Ave. b4 St. j4h St. PageS of 6Scope of Services — Construction I’hase Services January I 5 20 3

in accordance \\ith the Contract Documents to the best of Consultant’s knowledge. information, andbelief based on the extent of its ser\ ices and based upon information pros ided to Consultant upon hichit is entitled to icR.

Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of anyContractor. or of any of their subcontractors. suppliers, or of any other individual or entity performing orfurnishing the Work. Consultant shall not have the authority or responsibility to stop the work of anyContractor.

Record l)rawings. Prepare project ‘Record Drawings” based on intormation proided by the Contractoras to the actual teld placement of the work including any changes or deletions. Consultant is notresponsible for the accuracy of the information provided by others. Consultant will provide the follo ingdeliverables:

One(l) ll”x17” set of black line Record DrawingsOne (I) set of.PDF file Record Dra’.ings

City of Lubbock Miiwuukcc Ave. 94h St. t 114 St. Page 6 of 6Scope of Senices — Construction Phase Services January I 8 2013

AflACHMENT B

Kbnley-Horn and Associates, inc.

Standard Rate Schedule

(Hourly Rates)

Principal $215

Senior Professional/PM $180

SeniorProfesslonal $150- $195

Professional $85 - $145

Analyst $IO0-$120

Support Staff $60 - $85

The rates listed above are applicablefor up to 15 mgnths qfter Qie date ofexecution ofthis LetterAgreementfor Milwaukee An. Reconstruction —91” St to lii” St.

WI Kimley-Hornr and Associates, Inc.

Project Workplan Budget

General Project InformationCity of Lubbock, TXMilwaukee Ave. RPR

Budget SummaryDate: Jan 18, 2013

Page 1 of 4Printed: 1/21/2013, 3.05 PM

Client:Project:KHA No.PM: Kerry Miller, P.E.

No. Task Name Hours Labor Expenses510 Startup-Month 1 108 S 17,500 $ 1,100 S 18,600520 Standard-lO Months 650 $ 101,400 $ 6100 $ 107,500530 Closeout 152 $ 22,400 $ 500 $ 1,400 $ 24,300

Allocation Subtotal

777 Contingency $ -

1 TOTALS: 910 $ 141,300 $ 500 $ 8,600 $ 150,400

‘I

Task No. Task Name Cost Multiplier Subtotal710 Walker RPR Services, Inc. (Attachment C-2) $ 245,520 1,05 $ 257,800720 CMT Engineering, Inc. (Allowance) $ 50,000 1.05 $ 52,500

Labor:Expenses:

$$

TOTALS: $ 295,520 $ 310,300

141,300319,400

TOTAL: $ 460,700

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Attachment C-2

Walker RPR Services, Inc. Proposal8108 Gary Ave. December 15,2012Lubbock, TX 79423

(806) 787-4235

Owner: City of Lubbock, TXClient: Kimley-Horn and Associates, Inc.

2201 West Royal Lane, Suite 275Irving, TX 75063

Project: Milwaukee Ave. Project

iiriF1[.] I.1II. I1TTfijj

Project

Manager Chief Inspector Junior InspectorTask Descriptions: Rates: $ 92.00 $ 75.00 $ 55.00 Subtotals

Labor:Project Management 480 480

(40 hrs / mo x 12 mo)

On-site Inspection (Part-time) 1,056 1,056(88 hrs / mo x 12 mo)

On-site Inspection (full-time) 2,112 2,112(176 hrs / mo x 12 mo)

Hour Subtotals: 480 1,056 2,112 3,648Labor Subtotals: $ 44,160.00 $ 79,200.00 $ 116,160.00 $ 239,520.00

Expenses:Vehicle Allowance: $ 6,000.00 $ 6,000.00($500/ mo x 12 mo)

Expense Subtotals:f [f $ 6,000.00

TOTAL Labor and Expenses $ 245,520.00





Capital Project Number: 92220 91035 91039 * 90141Encumbered/Expended

Engineering Design -$ - - 2,950,067 TxDOT University to Indiana Construction - - - 1,296,598 RPR Contract TxDOT Portion - - - 137,854 UCA Phase I - - - 30,704,059 RPR Phase I - - - 1,997,282 Construction of storm sewer Slide to Frankford - - - 8,077,000 SJ Louis - Package 1A - - - 5,557,769 Storm Sewer Construction 464,853 COL Staff and Supplies 21,999 173,103 170,404 35,663 Temporary Employees 13,560 21,205 981 Water Improvements - 1,369,886 - - Bid Advertising 727 673 - - Sewer Ahead of Paving - - 509,417 -

Agenda Item February 14, 2013Kimley-Horn RPR Contract 318,655 10,791 103,947 27,307 Milwaukee and 98th Construction 5,670,576 192,026 1,849,779 485,940

Encumbered/Expended To Date 6,011,957 1,760,039 2,654,752 51,735,373

Estimated Costs for Remaining AppropriationUnencumbered 638,043 1,361,961 220,248 2,569,627

Remaining Appropriation 638,043 1,361,961 220,248 2,569,627

Total Appropriation 6,650,000$ 3,122,000 2,875,000 54,305,000

* The total appropriation for CIP 91039 includes $700,000 to be approved on a 2nd Reading budget amendmenton this agenda.

South Lubbock Storm Sewer Project

Budget

Water Lines Ahead of Street Paving91035

91039

Milwaukee Avenue and 98th Street

Sewer Lines Ahead of Street Paving

90141



92220

Project Name Milwaukee and 98th Street Project Number 92220

Managing Department

Project Manager


Project Status

Project Scope


Neil Welch

Bond Election Project - 2009

Approved

Construct full width concrete paving of a seven-lane thoroughfare on Milwaukee Avenue from 94th Street to 104th Street; three-lane

asphalt strip paving on Milwaukee Avenue from 104th Street to 114th Street; and two-lane asphalt strip paving on 98th Street from

Juneau Avenue to Milwaukee Avenue.


Development and traffic demands continue to grow in this area. Portions of this project include unpaved roadways which have

generated numerous complaints of dust and mud and require a significant maintenance effort. The paving will also improve access to

the Youth Sports Complex and residents of the area.

Project History

$750,000 was appropriated in FY 2009-10 Budget Amendment No. 5, Ord. No. 2009-O0106, December 2, 2009.




Appropriation to

Date

Total Project


Construction 5,900,000 0 0 0 0 0 0 5,900,000




Funding to

Date

Total


FY 2010 General Obligation Bonds 750,000 0 0 0 0 0 0 750,000

FY 2011 General Obligation Bonds 5,900,000 0 0 0 0 0 0 5,900,000



Managing Department Public Works Engineering

Project Manager John Turpin

Project Classification Replacement Infrastructure

Project Status Approved

Project Scope

Relocate and install water lines ahead of municipal, county, and state paving projects and future development including but not limitedto the Gateway Paving Projects.

Project JustificationThe project is an annual water line installation program coordinated with street paving projects.

Project History

This is part of an annual water line installation program coordinated with street paving projects.

S375.000 was appropriated in FY 2004-05. Ord. No. 2005-00031, March 24, 2005.Reduced funding by $263,000 in FY 2005-06, Ord. No. 2006-00077, July 10, 2006.$300,000 was appropriated in FY 2006-07 Budget, Ord. No. 2006-00098. September 13. 2006.$1.1 million was appropriated in the FY 2007-08 Budget. Ord. No. 2007-00091. September 13, 2007.$360,000 was apropriated in FY 2008-09 Budget, Ord. No. 2008-00077, September 11,2008.$400,000 was appropriated in the FY 2009-10 Budget, Ord. No. 2009-00073, August 27, 2009.Reduced funding by $400,000 in FY 2009-10 Budget Amendment No. 6. Ord. No. 2009-00108, December 2,2009.$250,000 was appropriated in the FY 2011-12 Budget, Ord. No. 2011-00080, September 8,2011.$1.0 million was appropriated in the FY 2012-13 Budget, Ord. No. 2012-00100, September 13, 2012.


Total ProjectFY 2017-18

AmountAppropriation Detail

Appropriation to

DateFY2012-13 FY2013-14 FY2014-15 FY2Ot5-16 FY2016-l7

Construction 2,122,000 1,000,000 550,000 460,000 460,000 500,000 500,000 5,592,01)0

Total Project Appropriation 2,122.000 1,000.000 550,000 460.000 460,000 500,000 500,000 5.592,000

2003 Tax and WaterworksRevenue CO’sFY 2007 10-year Tax SupportedCO’sFY 2007 Water Revenue CO’s

FY 2008 Water Revenue CO’s








Prior Year Bonds

300,000

360.000

1.100.000

0

250,000

0

1,000.000

0 300.000

0 360,000

0 1.100,000

0 0

0 250.000

0 550,000

0 460.000

0 460.000

0 500.000

500,000

1,000,000

Project Name Water Lines Ahead of Street Pavins Pi’oject Number 91035


Funding to

FundingDerail DateFY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18

TotalFunding

112,000 0 0 0 0 0 0 112,000

0 0

0 0

0 0

0 0 0

0 0 0

0 550.000 0

0 0 460,000

0

0

0

(1

0

0

0

0 0

0 0

0 (1

0 0

0 1)

460,000 0

0 500,000

0 0 0 It 500,000

0 0 0 0 0

Total Funding Sources 2.122.000 1,0011.000 550,000 460,000 460,000 500,000 500,000 5,592,000


Project ScopeInstallation of sewer lines ahead of municipal, county, and state paving projects including but not limited to Gateway Paving Projects.

Project JustificationCoordinating line change-outs with street paving projects reduces paving costs associated with line change-outs and minimizes customerinconvenience.

Project Histort’The project is part of an annual sewer line installation program that is coordinated with street paving projects.

$460,000 was appropriated in FY 2004-05, Ord. No. 2005-00031, March 24, 2005.S350,000 was appropriated in FY 2006-07 Budget, Ord. No. 2006-00098, September 13, 2006.$365,000 was appropriated in FY 2007-08 Budget. Ord. No. 2007-00091, September 13, 2007.S350,000 was appropriated in FY 2008-09 Budget, Ord. No. 2008-00077. September 11. 2008.Reduced funding by S500,000 in FY 2009-10 Budget Amendment No. 6. Ord. No. 2009-00108. December 2, 2009.Reduced funding by $100,000 in FY 2009-10, August 27, 2010.$500,000 was appropriated in the FY 2010-Il Budget, Ord. No. 2010-00070. September 16, 2010.$750,000 was appropriated in the FY 2012-13 Budget, Ord. No. 2012-00100, September 13, 2012.


Appropriation to Total ProjectFY2012-13 FY2013-14 FY2014-15 FY2015-16 FY2016-17 FY2ot7-18Date Amount

Managing Department Public Works Engineering

Project Manager John Turpin

Project Classf/ication Upgrade/Major Maintenance



Construction 1,425,000 750,000 300,000 300,000 300,000 300,000 300,000 3,675,000

Total Project Appropriation 1.425.000 750,000 300,000 300,000 300,001) 300.000 300,0110 3.675.000

Project Name Sewer Lines Ahead of Street Paving


Funding to TotalFY2012-13 FY2013-14 FY2OI4-l5 FY2015-l6 FY2016-17 FY2017-18

Date Funding

60,000

400,000

200.257

Project Number

0

0

(I

91039

0

0

0

264,743

500.000

0

0

0

0

0

0

0

0 0

0 0

0

Funding Detail

2004 Tax and Waterworks CO’s 60,000

2005 Wastewater Revenue CO’s 0 0 400,000

FY 2006 Wastewater Revenue 0 0 200,257

CO’sFY 2008 Wastesvater Revenue 0 0 0 264.743

CO’s

FY 201 I Waslewater Revenue 0 0 0 0 500,000

CO’s

FY 2013 Wastewater Revenue 0 750.000 0 0 0 0 0 750.000

CO’sF’s’ 2014 Wastewater Revenue 0 0 300.000 0 0 0 0 300.000

CO’s

FY 2015 Wastewater Revenue 0 0 0 300.000 0 0 0 300.000

CO’sFY 2016 Wastewater Resenue 0 0 0 0 300.000 0 0 300.000

CO’s

FY 2017 Wastewater Revenue 0 0 0 0 0 300,000 0 300,000

CO’s

F’s’ 2018 Wastewater Revenue 0 0 0 0 0 0 300.000 300.000

0

CO’s

Total Funding Sources 1.425.000 750,000 300.000 300,000 300.000 300.000 300.000 3.675.000


Project Scope

Design, plans, specifications, and estimates for the construction of the South Lubbock Storm Water Project, bidding, right-of-waypurchases, utility relocations, and construction of the project in seven phases as development progresses to the south. Phases include themain trunk line, the portion from Slide Road to lola Avenue, combined with a road-widening project with one-mile section to beconstructed by TxDOT. When complete, the project consists of 19 miles of new storm water pipeline connecting 12 playa lakes to theCanyon.


Trunk line stonn water pipeline to the canyon and a series of lateral storm sewer connections provide various levels of flood protectionaround 12 playa lakes along the southern portions of Lubbock.

Project J-iistoiy

The 1999 floods caused lake levels in the area to exceed expected high water elevations. Homes and businesses were affected by thehigh water. A feasibility study began in 1999, and the results were presented to the City Council in 2001. The design was completedquickly for the one-mile portion to be included in the TxDOT plans. The remainder of the phases were designed and constructed withthe project operational by late 2009. An additional phase will be constructed with the widening of Milwaukee Avenue at 98th Street andwill connect the final lake to this stonn sewer system.

$2.7 million was appropriated in FY 2000-01 Budget. Ord. No. 2000-00050, September 27, 2000.$300,000 was appropriated in FY 2000-01, Budget Change Request 1666, March 28, 2001.$7.0 million was appropriated in FY 2002-03 Budget, Ord. No. 2002-00095, September 26, 2002.$28.5 million was appropriated in Revised FY 2002-03 Budget.$1.5 million was appropriated in Revised FY 2003-04 Budget.Reduced funding by $4.5 million in FY 2004-05, Budget Change Request 1925, Ord. No. 2005-00041, April 28, 2005.$4.0 million was appropriated in FY 2005-06, Budget Change Request 1946, Ord. No. 2005-00 106, September 8, 2005.$4.1 million was appropriated in FY 2005-06, Budget Change Request 1968, Ord. No. 2006-00040, April 13, 2006.$3,055,000 was appropriated in FY 2006-07 Budget, Ord. No. 2006-00098, September 13, 2006.$8.25 million was appropriated in the FY 2007-08 Budget. Ord. No. 2007-00091, September 13, 2007.Reduced funding by $600,000 in FY 2009-10 Budget Amendment No.4, Ord. No. 2009-00 105, November 19, 2009. (Moved fLLndingto 92174).

Unappropriated Ptanning Years

Appropriation to Total ProjectFY2012-13 FY2UI3-14 FY2014-t5 FY2015-16 FY2016-17 FY2Ot7-18

.lppsopria!ion Detail Date Amount

Construction 47.t57.000 0 0 0 0 0 0 47.157,000

Construction Management Support 3.348.000 0 0 0 0 0 0 3,348.000

Design and Engineetng 3:300,000 0 0 0 0 0 0 3.300.000

Other Activities 500.000 0 0 0 0 0 0 500,000

Total Project Appropriation 54.305.000 0 0 0 0 0 0 54,305.000

Managing Department Storm Water Utility

Project Manager Mike Keenum

Project ClassifIcation New Facility


Project Name South Lubbock Storm Water Project Project Nwnber 90141


Funding to Total:

. FY2012-13 FY2013-14 FY2014-15 FY2015-t6 FY2016-17 FY2017-18Funding Detail Date Funding

2003 Storm Water CO’s 36,438,910 0 0 0 0 0 0 36,438,910

FY 2006 Storm Water CO’s 8,100.000 0 0 0 0 0 0 8,100.000

FY 2007 Storm Water Revenue 3,055,000 0 0 0 0 0 0 3.055,000

CO’sFY 2008 Storm Water Revenue 6.71 1.090 0 0 0 0 0 0 6,71 1 .090

CO’s

Total Funding Sources 54.305.000 0 0 0 0 0 0 54.305.000


InformationAgenda ItemContract Resolution - Storm Water Management: Consider a resolution authorizing the Mayor toexecute Contract 11133 with Wunderlich-Malec Systems, Inc., of Carrollton, Texas, for the Storm Water VaultImprovements - Supervisory Control and Data Acquisition (SCADA) Project, BID 13-11133-TL.

Item SummaryCouncil approved a Professional Services contract with Parkhill, Smith & Cooper, Inc., in December 2009, todesign upgrades to five storm water vaults located at 1st Street and Avenue J, 44th Street and Martin Luther KingBoulevard, 26th Street and Ivory Avenue, 47th Street and Vanda Avenue, and 98th Street and Guava Avenue.Historically, the communication system in the vaults has not been reliable during severe weather events. The initialimprovements were completed in November 2011, but the SCADA upgrades were not completed at that time.

This project adds SCADA systems to the five storm water vaults necessary to monitor the storm water flows andwater quality in accordance with a state administered permit. This system will allow for remote sensing,automation, and indication of flows to be sampled.

The bid for this project is awarded by the unit price. The total amount of the award is estimated and actualexpenditures may be more or less depending on actual needs. The price per unit will not change.

This contractor has a current contract with the City to do similar work, and the bid was below the budgeted amount;therefore, it is recommended that the contract be awarded to Wunderlich-Malec Systems, Inc. of Carrollton, Texas,for $83,700.

Fiscal Impact$450,000 is appropriated in Capital Improvement Project 92173, Storm Water Vault Replacement, with $83,700available for this purpose.


AttachmentsResolution & Contract - SCADABudget DetailCIP Detail

RES() L UT! ON

BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF I.UBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock. Contract No. 11133 for Storm WaterVault Improvements - SCADA. by and between the City of Lubbock and WunderlichMalec Systems, inc., of Carroilton. Texas. and related documents. Said Contract isattached hereto and incorporated in this resolution as if fully set fbrth herein and shall heincluded in the minutes of the City Council.


____________________ _________


ATTEST:


APPROVEI) AS TO CONTENT:

Maisha Reed P F Chief Operating Officer

APPROVED AS TO FORM:H //

/ /7

1 /2 /I

7/ / /


:ccdocs RES.ConiractWunderIichJanuary 22. 20)3

1111) SUBM1TT:L FORMUNIT PRICE 811) CONTRACT

DATE: 21 JANUARY 2013

ITI3 13-Il 133-U. Storm Water Vault Improvements-SCADA

Bid of WUNDERLICH-MALEC SYSTEMS INC.

______________

(hereinafter called Bidder)

To the Honorable Mayor and City Council City of Lubbock. Texas (hereinafter called Owner)

Ladies and Gentlemen:

The Bidder, in compliance with your Invitation to Bid for the construction of Storm Water Vault ImprovementsSCADA, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all otherrelated contract documents and the site of the intended work, and being familiar with all of the conditions surrounding theconstruction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,materials, and supplies: and to construct the project in accordance with the plans, specifications and contract documents,within the time set forth therein and at the price stated below.

The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to theaccompanying forms, for performing and completing the said work within the time stated and for the prices stated below.

ITEM [)ESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDEDNO. QUANTITY MEASURE AMOUNT

I ProjectMobilization I ES $5,000 $ 5,000

2 Electrical Equipment and Install (Vault A, B, C) 3 EA Refer to note 13 SCADA Equipmentand Install (VaultA, B.C. D, E) 5 EA $11,850 $59,250

4 SCADAConsultantCoordination I ES $19,450 $19,450

TOTAL BASE flu) (ITEMS 1 -4) S 83,700

Note 1: This item not applicable to new scope of work.Appears to have applied to previous vault upgrade project.

A Bidder’s Initials

Bidder hereby agrees to commence the work on the above project on a date to be specified in a written “Notice toProceed of the Owner and to substantially complete the project within ONE HUNDRED FIGHTY (180) CALENDARDAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay toOner as liquidated damages the sum of TWENTY FIVE (S25) for each calendar day in excess of the time set forthherein above for completion of this project. all as more fully set forth in the general conditions of the contract documents.

Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance withinstruction number 28 of the General Instructions to Bidders.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in thebidding.

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SEVENTY (70) calendardays after the scheduled closing time for receiving bids.

The undersigned Bidder hereby declares that he has visited the site of the work and has careftilly examined theplans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees tocommence work on or before the date specified in the written notice to proceed, and to substantially complete the work onwhich he has bid; as provided in the contract documents.

Bidders are required, whether or not a payment or performance bond is required, to submit a cashier’s check orcertified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the totalamount of the bid submitted as a guarantee that bidder will enter into a contract. obtain all required insurance policies, andexecute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him

________________

Bidder’s Initials

Enclosed with this bid is a Cashier’s Check or Certified Cheek for

_______________________________________

Dollars(S ) or a Bid Bond in the sum ofSEVENTEN HUNDRED AND FIFTY DOLLARSDoIIars (SpoO), whichit is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted bythe Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and therequired bond (if any) with the Owner within ten (10) business days after the (late of receipt of written notificationof acceptance of said bid; otherwise, said check (Jr bond shall be returned to the undersigned upon demand.

Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contractdocuments made available to him for his inspection in accordance with the Notice to Bidders.

Pursuant to Texas Local Government Code 252.043(a), acompetitive sealed bid that has been opened may not bechanged for the purpose of correcting an error in the bid price.THEREFORE, ANY CORRECTIONS TO THE BID PRICEMUST BE MADE ON THE BID SUBMITTAL FORM PRiOR

______________________________

TO BID OPENING.

State Zip CodeTelephone: 469 - 574 2500

Fax: 469 574 2525

(Seal if Bidder is a Corporation)

ATTEST:

Date: 21 J4’JUAR ,2013

IAuthorized SignatureALLEN STEFFLER

(Printed or Typed Name)

WUNDERLICH-MALEC SYSTEMS INC.

Company2855 TRINITY SQUARE DRIVE, SUITE 100

AddressCARROLLTON

, DALLAS

City, CountyTEXAS , 75006Secretary

Bidder acknowledges receipt of the following addenda:

Addenda No. Date_________Addenda No. Date_________Addenda No. Date_________Addenda No. Date_________

// :/€y1 2/ }

MJWBE Firm: I

FEDERAL TAX ID or SOCIAL SECURITY No.41-1823999

EMAIL: ALLEN - STEFFLER@WMENG. COM

Woman Black American Native American[ Hispanic American Asian Pacific American Other (Specify)


BudgetEncumbered/Expended

Engineering Design 50,000$ Brown McKee 240,802 Advertising/Reproduction Expenses 1,160 City of Lubbock Staff Cost 2,325

Agenda Item February 14, 2013Wunderlich-Malec Construction Contract 83,700

Encumbered/Expended To Date 377,987

Estimated Costs for Remaining AppropriationAdministrative Charges 72,013

Remaining Appropriation 72,013

Total Appropriation 450,000$

92173Storm Water Vault Replacement Project



Project Name Storm Water Vault Replacement Project Number 92173

Managing Department

Project Manager


Project Status

Project Scope

Storm Water Utility

Mike Keenum

Replacement Infrastructure

Approved

Remove and replace the three existing storm water vaults at 1st Street and Avenue J, 44th Street and MLK, and 26th Street and Ivory

Avenue with larger, more accessible vaults. Upgrade the Supervisory Control and Data Acquisition (SCADA) systems and install the

necessary components in five storm water vaults located at 1st Street and Avenue J, 44th Street and Martin Luther King Bouldevard,

26th Street and Ivory Avenue, 47th Street and Vanda Avenue, and 98th Street and Vanda Avenue. All five vaults will be tied to the

existing SCADA system located at the Southeast Water Reclamation Plant.


Three storm water vaults were constructed in the early 1990s in conjunction with the first Municipal Separate Storm Sewer Systems

(MS4) permit. The vaults have poor accessibility and pose a safety hazard for ingress and egress while carrying sampling equipment.

The vaults need to be replaced with larger, more accessible vaults to facilitate the storm water sampling required in the City's MS4

permit. The upgrades to the SCADA systems are necessary to provide a more reliable reporting system for all five storm water vaults

and to provide better information for flow conditions and monitoring frequencies in conjunction with the City's MS4 permit.

Project History

Concerns have been raised about the condition of these vaults and the limited accessibility. The vaults need to be brought up to the

same standards as the recently installed vaults at 47th Street and Vanda Avenue and 98th Street and Guava Avenue. Equipment

modernization and standardization provides for better and more consistent maintenance and performance.

$300,000 was appropriated in FY 2008-09 Budget, Ord. No. 2008-O0077, September 11, 2008.


Reduced by $150,000, management reduction, January 19, 2012.




Appropriation to

Date

Total Project


Construction 250,000 150,000 0 0 0 0 0 400,000


Total Project Appropriation 300,000 150,000 0 0 0 0 0 450,000


Funding to

Date

Total



CO's

300,000 0 0 0 0 0 0 300,000

FY 2013 Storm Water

Pay-As-You-Go

0 150,000 0 0 0 0 0 150,000

Total Funding Sources 300,000 150,000 0 0 0 0 0 450,000


InformationAgenda ItemContract Resolution - Public Works Water Treatment: Consider a resolution authorizing the Mayor to executeContract 11067 with H20 Solutions, LLC, for water reservoir inspection and cleaning services, BID 13-11067-RH.

Item SummaryThe water system includes 21 various water ground storage tanks and elevated tanks. Annual inspection of eachtank is required by the Texas Commission on Environmental Quality (TCEQ) to determine levels of deterioration,corrosion, and sedimentation build-up. In addition to compliance with TCEQ regulations, it also providesinformation regarding structural integrity and serviceability of the tanks for the purpose of preventive maintenance. The inspection and cleaning are performed while the tanks remain in service insuring no disruption of water service.

Five vendors submitted proposals for the inspection and cleaning, sedimentation and sand removal, of thesefacilities. A base line of three vertical inches on the surface floor was established for sedimentation and sandremoval in the proposal, with provisions for removal of additional sedimentation and sand per vertical inch over thebase line.

Bids were received from the following companies: H20 Solutions, LLC, Issaquah, WA $ 61,000Liquid Engineering Corp., Billings, MT 178,215Seamar Divers International, Stafford, TX 195,130Texas Tank Service, Tyler, TX Non-ResponsiveAmerican Underwater Services, Ft. Worth, TX Non-Responsive

Staff recommends the contract to be awarded to H20 Solutions LLC, Issaquah, Washington, in the amount of$61,000. This contract is for one year with option to renew for four additional one year terms with written consentfrom both parties.

Fiscal ImpactFunding will be shared among three different Cost Centers: $7,800 is available in the Approved FY 2012-13Operations budget for Cost Center 6345.8261 Water Systems Maintenance, $49,200 is available in 6343.8261Water Systems Maintenance, and $4,000 is available for Cost Center 6347.8261 Water Systems Maintenance.

Staff/Board RecommendingMarsha Reed, P.E., Chief Operating Officer

Attachments

Resolution - H2O SolutionsContract - H2O SolutionsBid Tabulation Form - 13-11067-RH

RESOL UT! ON

BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF LUBBOCK:

ThAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute lbr and on behalf of the City of Lubbock. Contract No. 11067 lbr water reservoirinspection and cleaning services. by and between the City of Lubbock and 1-12()So1utions LLC. of Issaquah. Washington. and related documents. Said Contract isattached hereto and incorporated in this resolution as if fully set forth herein and shall beincluded in the minutes of the City Council.


______________________________


Ai1’EST:



II 4, j 7 •1

-

Maishi Reed, P F (hief Operating Officer


/ /

C’had Weaer. Assistant City Attorney

v ccdocc RI S Contract 1120 Solutions II CJanuary 31. 2013

CONTRACT NO. 11067City of Lubbock, TexasContract for Services

For Water Reservoir Inspection and Cleaning Services

THIS CONTRACT made and entered into this 14th day of February 2013, by and between the Cityof Lubbock (“City’), and 1120 Solutions, LLC, (“Contractor”).

WITN ESSETH:

WHEREAS, the City of Lubbock duly advertised for bids for Water Reservoir Inspection andCleaning and bids were received and duly opened as required by law; and

WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorizedthe execution, in the name of the City of Lubbock a contract with said Contractor covering the serviceof the said Water Reservoir Inspection and Cleaning.

NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as thefinancial consideration hereinafter referred to, the parties hereby covenant and agree as follows:

1. In accordance with City’s specifications and Contractor’s bid, copies of which are attachedhereto and made part hereof Contractor will provide to the City, Water Reservoir Inspectionand Cleaning Services and more specifically referred to as Items I — 19 Inspections and Items I

19 Cleaning on the bid submitted by the Contractor or in the specifications attached hereto.

2. The City promises and agrees to employ, and does employ, the Contractor to cause to be donethe work provided for in this Contract and to complete and finish the same according to theattached specifications, offer, and terms and conditions contained herein.

3. The Contractor shall perform the work according to the procedures outlined in the Bid Formand Specifications attached hereto. The contract shall be for a term of one (1) year, with theoption of four (4), one (1) year extensions, said date of term beginning upon formal approval.The City does not guarantee any specific amount of compensation, volume, minimum ormaximum amount of services under this contract.

4. This contract shall remain in effect until the expiration date, performance of services ordered,or termination of by either party with a thirty (30) day written notice. Such written notice muststate the reason for cancellation. The City of Lubbock reserves the right to award the canceledcontract to the next lowest and best bidder as it deems to be in the best interest of the city.

5. Contractor shall at all times be an independent contractor and not an agent or representative ofCity with regard to performance of the Services. Contractor shall not represent that it is, orhold itself out as, an agent or representative of City. In no event shall Contractor be authorizedto enter into any agreement or undertaking for or on behalf of City.

6. The contractor shall obtain and maintain in full force and effect during the term of the contract,commercial general liability coverage with insurance carriers admitted to do business in theState of Texas. The insurance companies must carry a Best’s Rating of A- VII or better. Thepolicies will be written on an occurrence basis, subject to the following minimum limits ofliability:

TYPE AMOUNT

General LiabilityCommercial General Liability S I .000,000Per occurrence General Aggregate

Products-Coinp/Op AGGPersonal & Adv. InjuryContractual Liability

Automotive Liability $500,000Combined Single LimitAny Auto

Workers Compensation Statutory Amounts

Employer’s Liability $1,000,000COPIES OF ENDORSEMENTS MUST BE PROVIDED

The City of Lubbock shall be named as additional insured on a primary and Non-Contributorybasis on Auto/General Liability, with a waiver of subrogation in favor of the City of Lubbockon all coverages. All copies of the Certificates of Insurance shall reference the project name orbid number for which the insurance is being supplied. Copies of all endorsements are required.

The contractor will provide a Certificate of Insurance to the City as evidence of coverage. Thecertificate will provide 30 days notice of cancellation, and under the cancellation section, thewording “endeavor to” and “but failure to mail such notice shall impose no obligation orliability of any kind upon the company, its agents or representatives” will be crossed out. Acopy of the additional insured endorsement attached to the policy will be included with thecertificate.

The contractor shall also maintain workers compensation insurance in the statutory amount.

If at any time during the life of the contract or any extension, the contractor fails to maintainthe required insurance in full force and effect, all work under the contract shall be discontinuedimmediately. Any failure to maintain the required insurance may be sufficient cause for theCity to terminate the contract.

7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties orinterests accruing from this Contract without the written consent of the other.

8. The City reserves the right to exercise any right or remedy available to it by law, contract,equity, or otherwise, including without limitation, the right to seek any and all forms of relief ina court of competent jurisdiction. Further, the City shall not be subject to any arbitrationprocess prior to exercising its unrestricted right to seek judicial remedy. The remedies set forthherein are cumulative and not exclusive, and may be exercised concurrently. To the extent ofany conflict between this provision and another provision in, or related to, this document, thisprovision shall control.

9. At any time during the term of the contract, or thereafter, the City, or a duly authorized auditrepresentative of the City or the State of Texas, at its expense and at reasonable times. reservesthe right to audit Contractor’s records and books relevant to all services provided to the Cityunder this Contract. In the event such an audit by the City reveals any errors or overpaymentsby the City, Contractor shall refund the City the full amount of such overpayments within thirty(30) days of such audit findings, or the City, at its option, reserves the right to deduct suchamounts owing the City from any payments due Contractor.

1 0. This Contract consists of the following documents set forth herein: Invitation to Bid No. 1 3-11067-RH. Specifications. and the Bid Form.

IN WITNESS WHEREOF. the parties hereto have caused this Contract to he executed the dayand year first above written. Executed in triplicate.

CITY OF LUBBOCK: CONTRACTOR:

_________________

\Glen C. Robertson. Mayor Signature.of Auihorizeepresentative

John WilliariW

ATTEST: Print Name

944 Discovery Cirde NE #414

Rebecca Garza, City Secretary Address

Issaquah,WA 98029

APPROVED AS TO CONTENT: City, State, Zip Code

/Marsha Reed, P.E.Chief Operating Officer

APPROj AVEO FORM:/V

•(

Assistant City Attorney

1113 13-1 1067—RI!. Water Reservoir Inspection and Cleaning Services

City of Lubbock, TXPurchasing & Contract Management

Bid 13-1 1067-RHWater Reservoir Inspection and Cleaning Services

Specifications1.0 INTRODUCTION

I Fh purpose of these specifications is to describe the underwater inspection services and removal ofsedimentation to be performed annually. All storage facilities must remain in service during theinspection procedure. Underwater divers will be utilized to inspect and clean these facilities. Necessaryprecautions will be taken by the service provider to insure no contamination of reservoir will occur, noturbidity or other contaminates will enter the water as a result of these inspection and cleaning activities.1.2 The estimated square footage of the reservoirs floor has been provided for each site. Also included in thebid are aerial photos of the facilities and a general drawing for the design of the ground storage units atthese locations. These units will be in various sizes and shapes i.e.: cylinder shape, various overheadsshapes and rectangular ground storage units.

1.3 This bid is divided into two parts. The first section is for the inspection of these reservoir / Overheadannually. This procedure will be done every twelve months for the term of the contract.

1.4 The second section is the Cleaning and Removal of Sediments I Sedimentation I Sand from thesefacilities.

1.5 The inspection will set the presidents for the second section of the contract. The Inspection will providethe information to meet TCEQ requirement for annual inspection and for the amounts of sediments I sandto be renioved from each facility.

2.0 REQUIREMENTS

2.1 All inspections must be made in accordance with the Texas Commission on Environmental Quality(TCEQ) Rules, Section 290.46 (m) and the American Water Work Association (AWWA) Standardsreferencing disinfection and cleaning procedures, and shall be performed on concrete and metal, elevatedand ground potable water storage structures.

2.2 All Safety procedures for the entry into confined spaces, overhead, ladders safety and towers will be incompliance with Texas Administration Codes, TCEQ and OSHA regulations referencing GeneralIndustry for Commercial Diving 2910 CFR all parts for Commercial Diving and TCEQ, AWWAStandards for Cleaning and disinfection standards for potable water facilities

2.3 Each facility’s structural integrity shall be evaluated. Items inspected shall include (but Not be restrictedto) ladders, shell, root vents, roof man-ways I man-ways, welds, weld seams metal or concrete (internaland external), shell course, foundation and interior structures. All possible sources of contamination i.e.:man-ways, including vent screening, overflow pipe, etc. shall be inspected. The inspections mustdetermine whether all air vents are in place and properly screened, the roof hatches are closed and locked,flap valves and gaskets provide adequate protection against insects, rodents and other sources ofcontamination, the interior and exterior coat systems provide adequate protection for surfaces and that thetank remains in water tight condition.

2.4 All equipment used must be for potable water only. No diving gear or equipment used in Wastewater.Salt Water, Lakes, or any substance other than potable water will be allowed. Any deviation from thesespecifications will result in the contractor dismissal. Comractor will provide in writing a statement thatthe equipment is in operation condition and is ready for use in Potable water. All equipment is subject toinspection at any given time by a City of Lubbock representative.

2.5 Diving contractor will supply all the necessary equipment used in cleaning process i.e.: pumps, hoses,lights entry mats. Cleaning procedures will combine vigorous brushing of surfaces cleaned, in addition to

[[B 13- I lO67Rl-l, Water Reservoir Inspection and Cleaning Services

remo ing loose material from reservoir by vacuum or other forms including ater suction, and must bedone in such a manner that does not create turbidity nide the reservoir.

2.6 All equipment entering the reservoir wilt be place on a tarp! mat or surface prepared furequipment and meet sanitation requirements before entering in a potable water storage facility.

2.7 Contractor will submit a written report for each reservoir to be cleaned with the estimated amount ofsand! sediment within 15% to be removed from floor, bottoms and shelf inside each reservoir. Contractorwill be held to these estimates during cleaning.

2.8 A minimum of twelve measurements should be taken in each reservoir depicting the total amount ofsediment in the reservoir to be removed.

2.9 Any and All works by the contractor subject to the bid and not as add on for time i.e. overtime forcontractors employees, mobilization fee’s etc. will be included in the bid.

3.0 CONTRACTOR QUALIFICATIONS

3.1 All inspectors or divers must be commercially certified, and hold a current 1.D. card that provides proofof such certification. All inspectors and divers shall comply with all state and federal safety regulationsapplicable to this work.

3.2 All inspectors must be completely enclosed in a chemical resistant dry suit and full-face gear, completelysealed from any water contact and disinfected with a chlorine solution according to AWWA standardsprior to entering the facilities.

3.3 All companies must submit, with their bid, a list of known cities or engineering companies for which theyhave inspected potable water storage facilities. This must include contact name, address and phonenumber, as a thorough check of references will be made. References for non-potable water tankinspections are not acceptable.

3.4 Since the facilities will remain in service during inspections, no turbidity or other contamination shall becaused due to the nature of the facility being in service and water directly going to the public. Thecontractor will be dismissed from the job if turbidity or other contamination is caused by inspection orcleaning activity.

3.5 Dates of work beginning and estimated completion date are binding for all inspections, to includerequired documentation. The only exceptions are emergencies, extreme weather events.

3.6 Contractors be a Commercial Certified Dive Company or Organization and have been in businessfor 3 to 5 years or more.

3.7 Contractors / Businesses in the Commercial Dive Business 3 years must have employees

3.0 INSPECTION REPORT REQUIREMENTS

Reservoir inspection documentation is thoroughly examined by the state regulatory agency (TCEQ) on anannual basis. The successful bidder must strictly adhere to the following reporting requirements.

A report will be prepared for each facility inspected and shall include the following:

1. Color photographs in sufficient number to adequately depict the current conditionsinternally and external of each theility.

1113 13—1 11)67-RH, Water Reservoir Inspection and Cleamng Services

2. A narrated color videotapeCD for each facility showing the front of the facility,internal ladders, walls, floors, tops, hatches, welds, expans ion joints, overflowstructures, ***sediment and any 1cm ire is of more than three vertical inchedfsndrsedirnentation.

3. A metal pit and blister survey, including pit depths and blister conditions, withestimates of size and depth with a metal scale in inches of metal loss! pits.

4. A description of concrete condition denoting any problem areas such as deterioration,foundation cracks or any condition that is not normal to the existing design.

5. Estimates of corrosion both above and below water, bases on Steel Structure, painting,including graphs or pictures illustrating the amount of corrosion.

6. Measurements of sedimentation levels throughout each facility. There must be aminimum of twelve (12) measurements in each reservoir. These measurements will beat 12 o’clock, 3 o’clock, 6 o’clock and 9 o’clock. And in between if needed to showsedimentation amounts.

7. Measurements must be documented by photo and a measurement device IE; metalruler/marked in inches showing the depth of sediment areas in each reservoir. **Seeattached illustration.

8. The entrance hatch will be the reference point for all sites IE; North to South, East toWest in a clock wise rotation i.e.: 12 o’clock, 3 o’clock, 6 o’clock and 9 o’clock.9. **5 ATTACHED DRAWINGS FOR ILLUSTRATIONS

10. Description of the condition of: all hatches, vents and screens, ladders, overflowstructures, hatch gaskets, flap covers and screens.

11. Recommendations for repairs and cleaning including pricing for sedimentation removalfor each facility.

12. The inspection and report shall fully comply with TCEQ Chapter 290 paragraphrequirements.

13. All reports information, photographs, data, graphs, etc. shall be organized and put in ahard binder along with the narrated videotape of the inspections for each site.

14. The completed report must be returned to the Water Production and TreatmentSuperintendent within 45 days after the inspection is completed.

5.1) CONTRACT TFRM AND PRICING

5.1 The purpose of this 1T13 is to set pricing for a period of one year with an option for four (4) additionalyears a firm pricing for the item(s) an&or service(s) described herein, with an option to renew annually,for up to four additional one-year periods upon mutual written agreement of both parties. Any extensionsof this contract will be under the same terms, conditions and pricing as the original twelve-month term.5.2 This contract will allow for provisions of future sites not listed at this time should both parties agree onteams and pricing for inspections and sedimentation removal.

6.0 MISCELLANEOUS

6. I Each bidder must provide pricing for annual underwater inspection of each reservoir in the spacesprovided in the Bid Form. Inspections will be perft.wmed once annually. rhe storage facilities shall not be

[lB 13—11 O(i7-lU 1, Water Reservoir 1npcction and U leaning Services

drained and shall remain in service during all inspection activities. These inspection activities shall notadd turbidity or any other contamination to the water.

6.2 Each bidder must complete the underwater pricing for cleaning and inspections for each reservoir inthe space provided in the Bid form. Cleaning will be performed at the City Of Lubbock discretion.6.3 The City Of Lubbock reserves the right to determine how many, and which reservoirs will be cleanedeach year during the contract term. Quantities are approximate and will vary and are not guaranteed.

6.4 Fhe City of Lubbock’s Water Production & Treatment Department has security policies and proceduresin place for the protection of all water storage facilities. The successful contractor will be required tofollow these policies with no exceptions.

6.5 All bidders must submit a videotape/CD showing their inspection process with their bid.

6.6 The City of Lubbock will be responsible for the discharge stream and sand removal.

6.7 The number of reservoirs to be cleaned annually will be at the Cities discretion

City of Lubbock, Texas1urchasing and Contract Management

BID FORMWater Reservoir Inspection and Cleaning Services

(TB No. 13-11067-RH

In compliance with the Invitation to Bid 13-11067-RH, the undersigned Bidder having examined theInvitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits thefollowing Bid for furnishing the material, equipment, labor and everything necessary for providing the itemslisted below and agrees to deliver said items at the locations and for the prices set forth on this form. A bidwill be subject to being considered irregular and may be rejected if it shows omissions, alterations of form,conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices areobviously unbalanced (either in excess of or below reasonably expected values), or irregularities of anykind. The Invitation to Bid 13-1 1067-RH is by reference incorporated in this contract. The Bid Form mustbe completed in blue or black ink or by typewriter.

UNIT OF ANNUALITEM FACILITY DESCRIPTION FOR ANNUAL INSPECTIONMEASURE CONTRACT

PRICEAnnual Inspection for Pump Station # 3, 5-Million Gallon, RectangularConcrete, Ground Storage Tank, (Ground level to top for reservoir,approx. 2-feet) Estimated Water Depth 18-feet. Rectangular; Flat Roof EA $ 750.00Reservoir Width 171 ft., Length 300 ft. estimated approx. squarefootage is 42,500 sq. ft.Annual Inspection for Pump Station #4, 5-Million Gallon, CylinderConcrete, Ground Storage Tank, (Ground level to top of reservoir, approx.

2. 4-feet) Estimated Water Depth 20-feet. Circular; Dome Top Shape, EA $ 650.00Reservoir Cylinder 200 ft. diameter, estimated approx. square footage is31,452 sq. ft.Annual Inspection for Pump Station #4, 10-Million Gallon, RectangularConcrete, Ground Storage Tank, Ground level to top of reservoir, approx.**3 2-feet) Estimated Water Depth 20-feet. Rectangular; Aluminum Roof EA $ 900.00Reservoir Width 176 ft., Length 368 ft. estimated approx. squarefootage is 64,768 sq. ft.Annual Inspection for Pump Station #6, 2-Million Gallon, Concrete,Ground Storage Tank, (Ground level to top of reservoir, approx, 6-feet)

4. Estimated Water Depth I 8-feet. EA $ 55000Circular; Flat RootiDome Cover, Reservoir is a Cylinder 138 ft. diameterestimated approx. square footage is 14,975 sq ft.Annual Inspection for Pump Station #7, 2-Million Gallon, Concrete,Ground Storage Tank, (Ground level to top of reservoir, approx. 6-Ièet)**5 Estimated Water Depth 20-feet. EA S 550.00Circular; Flat Roof/Dome Cover, Reservoir is a Cylinder 138 ft. diameterestimated approx. square footage is 14,975 sq. ft.Annual Inspection for Pump Station #7, 5-Million Gallon, Concrete,Ground Storage Tank,

**6 (Ground level to top of reservoir. approx. 6-feet) Estimated Water DepthFA S 650 0020-feet.

Circular; Flat Roof/Dome Cover, Reservoir is a Cylinder 216 ft. diameterestimated approx, square footage is 36.836 sq. ft.

Annual Inspection for Pump Station #8. 5-Million Gallon, Concrete,Ground Storage Tank,

(Groundlevel to top of reservoir, approx. 6-feet) Estimated Water Depth

EA S 650.0020-feet.Circular: Flat Root/Dome Cover, Reservoir is a Cylinder 216 ft. diameterestimated appros. square footage is 36,836 sq. ft.Annual Inspection for Pump Station #9, 5-Million Gallon, Concrete,Ground Storage Tank,(Ground level to top of reservoir. approx. 6-feet) Estimated Water Depth

8. 40-feet. EA S 500.00Circular; Dome Top Shape, Reservoir is a Cylinder 165 ft. diameterestimated approx. square footage is 21,408 sq. ft.

Annual Inspection for Pump Station #12, Overhead Tower 150,000-gallon Elevated Steel Tank, (Ground level to top of reservoir, approx. 167-

*9 feet) Estimated Water Depth 30-feet.EA $ 450 00Spherical; Shape, Reservoir Cylinder 34 ft. diameter estimated approx.

square footage is 909 sq. ft.

Annual Inspection for 50th Street Overhead Tower, 1-Million Gallon,Elevated Steel Tank,(Ground level to top of reservoir, approx. 164-feet) Estimated Water

*10. Depth 37-feet. EA $ 450.00Spherical; Shape, Reservoir is a Cylinder type 76 ft. diameter estimatedapprox. square footage is 9454 sq. ft.

Annual Inspection for 74th Street Overhead Tower, 2-Million Gallon,Elevated Steel Tank, Ground level to top of reservoir, 126-feet)

IEstimated Water Depth 34-feet.

EA S 450.00Spherical; Shape, Reservoir Cylinder 105 ft. diameter estimated approx.square footage is 8669 Sq. ft.

Annual Inspection for 35th Street, 1-Million Gallon, Elevated SteelTank,

*12, (Ground level to top of reservoir, 145-feet) Estimated Water Depth 37-EA $ 450.00feet.

Spherical; Straight Sidewall Shape, Reservoir Cylinder in shape 70 ft.diameter estimated approx. square footage is 3853 sq. ft.Annual Inspection Cleaning for Water Treatment Clearwell, 2.5-MillionGallon, Concrete, This reservoir is divided into two sides, Side” A” and

*93 Side” B” .

. EA $ 700.00Ground Storage Tank, (Ground level to top ot reservoir, 4-feet)Estimated Water Depth 12-feet. Rectangular; Flat Roof, Reservoirlength 190 ft. x 210 estimated approx. square footage is 39,990 sq. ft.Annual Inspection for Water freatment Clearwell, 6-Million Gallon,Steel, Ground Storage Tank, (Ground level to top of reservoir, 28-feet)

**14. Estimated Water l)epth 20-feet. EA S 650.00Circular: Slightly Sloped Top Shape, Reservoir Cylinder 21 lft. diameter

estimated approx. square footage is 35,007 sq. ft.Annual Inspection for Water Treatment Backwash Tank, 1. I-MillionGallon, Steel, Ground Storage Tank, (Ground level to top of reservoir, 35-

*95 feet) Estimated Water Depth 45-feet. Circular: Slightly Sloped Top Shape, FA S 450.00Reseroir cylinder type in construction 65 ft. diameter estimatedapprox. square footage is 3,323 sq. ft.

1

Annual Inspection for Ground Water l’ump Station, 5-Million(;allon, Concrete, Ground Stora2e Tank, 60 miles N.W. of Lubbock,(Ground level to top of reservoir, 23-feet) Estimated Water Depth 23-feel. Circular; Flat roof/Dome Cover, Reservoir is a cylinder type inconstruction 216ft. diameter estimated approx. square footage is36,686 sq. ft.

EA S 700.00

Annual Inspection for Pump Station # 10, 7-Million Gallon, Concrete,Ground Storage Tank, Ground level to top of reservoir, approx. 12-feet)

17. Estimated Water Depth 24-feet, Reservoir is a cylinder type in EA $ 650.00construction 216’ diameter, estimated approx. square footage is 36,686sq. ft.

Annual Inspection for Pump Station # 14, 5-Million Gallon, Concrete,Ground Storage Tank, (Ground level to top of reservoir, approx. 26-feet)

8Estimated Water Depth 24-feet. Reservoir is a cylinder type in EA 650 00

‘ construction 200 ft. diameter estimated approx. square footage is31,325 sq. ft.

Annual Inspection for Pump Station /* 15, a 500,000 gallon steel tank,

19Reservoir is a cylinder type 87 ft. diameter estimated approx. square

$ 450 0‘ footage is 5549 sq. ft.

0

TOTAL BID ITEMS I THROUGH 19: TOTAL ANNUAL CONTRACT PRICE S 11, 250.00

* Overhead water suppliesTwo ground storage units at this site

*** This facility is 67 miles west of Lubbock located eight miles east of Muleshoe, Texas on US HWY 84

iTEM CLEANING AND SEDIMENTATOIN REMOVIAL- ADDITIONAL

CONTRACT

3 INCHES INCH (A + B =C)

Reservoir Cleaning for Pump Station # 3, 5-Million Gallon,Rectangular Concrete, Ground Storage Tank, (Ground level to

1. top of reservoir, approx. 2-feet) Estimated Water Depth I 8-feet, S 3000.00 S 500.00 $ 3,500.00Rectangular; Flat Roof. Reservoir Width 175 ft. wide x 300 ft.long estimated approx. square footage is 42,500 sq. ft.Reservoir Cleaning for Pump Station #4, 5-Million Gallon.Cylinder Concrete, Ground Storage Tank, (Ground level to top

**2 of reservoir, approx. 4-feet) Estimated Water Depth 20-feet. S 2,700.00 $ 300.00 S 3,000.00

Circular; Dome Top Shape. Reservoir Cylinder 200 ft. diameterestimated approx. square footage is 3 1,452 sq. ft

Reservoir Cleaning for Pump Station #4. 10-Million Gallon,Rectangular Concrete, Ground Storage Tank, Ground level to

**3 top of reservoir, approx. 2feet) Estimated Water Depth 20-feet, $5,800.00 $ 300.00 $ 6,100,00

Rectangular; Aluminum Roof, Reservoir Width 176 ft., Length368 ft. estimated approx, square footage is 64,768 sq. It.

Reservoir Cleaning for Pump Station #6, 2-Million Gallon,Concrete, Ground Storage Tank,(Ground le’..el to top of reservoir, approx. 6-tiet) Estimated

$ 1,95000 $ 100.00 $205000Water Depth I feet.Circular; Flat RoofDome Coer. Reservoir is a Cylinder 138 ft.diameter estimated approx. square footage is 13,975 sq. II.

It

Reservoir Cleaning for Pump Station #7, 2-Million Gallon,Concrete. G round Storage Tank.

**5 <Ground level to top of reservoir. approx. 6-feet) Estimated$1,450.00 $ 500.00 $ 1,950.00Water Depth 20-feet.

Circular; Flat Roof/Dome Cover, Reservoir is a Cylinder 138 ft.diameter estimated approx. square footage is 14,975 sq. ft.Reservoir Cleaning for Pump Station #7, 5-Million Gallon,Concrete, Ground Storage Tank.

**6 (Ground level to top of reservoir, approx. 6-feet) Estimated$2,700.00 $500.00 $ 3,200.00Water Depth 20-feet,

Circular; Flat Roof/Dome Cover, Reservoir is a Cylinder 216 ft.diameter estimated approx. square footage is 36.836 sq. ft.Reservoir Cleaning for Pump Station #8, 5-Million Gallon,Concrete. Ground Storage Tank.(Ground level to top of reservoir, approx. 6-feet) Estimated

‘1’ Water Depth 20-feet. $2,700.00 $ 100.00 $ 2,800.00

Circular; Flat Root/Dome Cover, Reservoir is a Cylinder 216 ft.diameter estimated approx. square footage is 36,836 sq. ft.

Reservoir Cleaning for Pump Station #9, 5-Million Gallon,Concrete, Ground Storage Tank, (Ground level to top of

8. reservoir, approx. 6-feet) Estimated Water Depth 40-feet. $ 1,800.00 100.00 $ 1,900.00Circular; Dome Top Shape, Reservoir is a Cylinder 165 ft.diameter estimated approx. square footage is 21,408 sq. ft.

Reservoir Cleaning for Pump Station #12, 150,000-gallonElevated Steel Tank,(Ground level to top of reservoir, approx. 167-feet) Estimated*9Water Depth 30-feet. $ 1,250.00 $ 50.00 $ 1,300.00Spherical; Shape, Reservoir Cylinder 34 ft. diameter (approx.909sq.ft.)

Reservoir Cleaning for 50th Street, 1-Million Gallon, ElevatedSteel Tank,(Ground level to top of reservoir, approx. I 64-feet) Estimated

* 10. Water Depth 37-feet. $1,900.00 $ 100.00 $ 2,000.00

Spherical; Shape, , Reservoir Cylinder 76 ft. diameter estimatedapprox. square footage is 9454 sq. ft.

Reservoir Cleaning for 74th Street, 2-Million Gallon,Elevated Steel Tank,(Ground level to top of reservoir, 126-feet) Estimated Water

*11. Depth 34-feet. $2,200.00 $ 100.00 $2,300.00Spherical; Shape, Reservoir is a Cylinder 105 ft. in diameterestimated approx.. square footage is approx. 8669 Sq. ft.

Reservoir Cleaning for 35th Street, I-Million Gallon, ElevatedSteel Tank,(Ground level to top of reservoir, 145-feet) Estimated Water

*12, Depth37-feet. $190000 $100.00 $2,000.00Spherical: Straight Sidewall Shape, Reservoir is a Cylinder 70ft. in diameter estimated approx. square footage is 3853 sq.ft.

Reservoir Cleaning for Water Freatment Clearwell, 2.5-MillionGallon. Concrete, this reservoir has two sides, Side “A” andside” B”, Ground Storage Tank, (Ground level to top of

13. reservoir. .4-feet) Estimated Water Depth 12-feet. Rectangular; $ 3,100.00 $100.00 S 3,200.00Flat Roof, Reservoir length 190 ft. x 210 ft. estimatedapprox. square footage is 39,990 sq. ft.

Reservoir Cleaning for Water Treatment Clearwelt, 6-MillionGallon, Steel, Ground Storage Tank, (Ground level to top ofreservoir, 28-feet) Estimated Water Depth 20-feet.

14. Circular; Slightly Sloped Top Shape, Reservoir is a Cylinder S 2700.00 $ 100.00 5 2,800,00211 ft. in diameter, estimated approx. square footage isapprox. 35,007 sq. ft.

Reservoir Cleaning for Water Treatment Backwash Tank, I. I -

Million Gallon, Steel, Ground Storage Tank, (Ground level to

IS.top of reservoir, 45-feet) Estimated Water Depth 45-feet.

$ 950.00 $ 50.00 $ 1000.00Circular; Slightly Sloped Top Shape, , Reservoir is a Cylinder65 ft. diameter estimated approx. square footage is 3,323 sq,ft.

Reservoir Cleaning for Ground Water Pump Station,Million Gallon, Concrete. Ground Storage Tank, 60 milesN.W. of Lubboc,, (Ground level to top of reservoir, 24-feet)

$ 2 700 $600.00 $ 330000Estimated Water Depth 24-feet Circular; Flat roof/DomeCover, Reservoir is a Cylinder 216ft. diameter estimatedapprox. square footage is 36,686 sq, ft.Reservoir Cleaning for Pump Station 4 10, 7-Million Gallon,

Concrete, Ground Storage Tank, (Ground level to top of17. reservoir, approx. 1 2-feet) Estimated Water Depth 24-feet. $ 2,700.00 $ 100.00 $ 2,800.00

Circular tank 216’ dia. Semi Dome Cover estimated approx.square footage is 36,686.Reservoir Cleaning for Pump Station 4 14, 5-Million Gallon,Concrete, Ground Storage Tank, (Ground level to top of

18. reservoir, approx. 26-feet) Estimated Water Depth 24-feet. $2,600.00 $100.00 $ 2,700.00Reservoir is a cylinder type 200 ft. diameter, estimated

approx. square footage is 31,425 sq, ft.Reservoir Cleaning for Pump Station 4 15, a 500,000 gallon

19 steel tank, Reservoir is a cylinder type 87 ft. diameter$1,800.00 550.00 5 1850,00estimated approx. square footage is 5,549 sq, ft.

TOTAL BID ITEMS I THROUGH 19 (Column C): $ 49,750.00

* Overhead water supplies** Two ground storage units at this site

This facility is 67 miles west of Lubbock located eight miles east of Muleshoe. Texas on US HWY 84

‘I’he number of reservoirs to be cleaned annually will be at the Cities discretion.

PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of 1%,

netj calendar days. Discounts will not be considered in determining low bid, Unless otherwiseindicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay thesuccessful bidder within thirty days after the receipt of a correct invoice or after the date ofacceptance. whichever event occurs later. Discounts ti.r prompt payment requiring payment by the

City within a stipulated number of’ days will be interpreted as applying within the stipulated numberof calendar days after the date of receipt by the City of a correct invoice or after the date ofacceptance that meets contract requirements, whichever event occurs later. Discounts for paymentin less than ten days will not be considered.

MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of thelowest price charged anyone else, including its most favoured customer, for like quality and quantityof’ the products/services; does not include an element of profit on the sale in excess of that normallyobtained by the Bidder on the sale of products/services of like quality and quantity; and does notinclude any provision for discounts to selling agents. If at any time during the contract period, thesupplier should sell or oiler for sale to any other customer, an equal or less quantity of similarcontract products of like or better quality, at a lower net price(s) than provided herein, supplieragrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made duringthe period in which such lower price(s) is effective.

INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities ofthe State of Texas, by mutual agreement with the successfiul bidder, and properly authorized interlocal purchasingagreements as provided for by the Interlocal Cooperation Act (Chapter 79!, Government Code), the right to purchasethe same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in thespace provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock.Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that allterms, conditions, specifications, and pricing would apply?

Other governmental entities that might have interests in this contract are Frenship Independent School District,Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent SchoolDistrict, South Plains Association of Governments, City of Texarkana, Texas Tech University, West TexasMunicipal Power Agency, Lynn County, and City of Wolfforth.

YES X NO

• If you (the bidder) checked YES, the following will apply:

• Governmental entities utilizing Interlocal Agreements for Cooperative Purchasing with the City of Lubbockwill be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result ofthis solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly tothat governmental entity and paid by that governmental entity. City of Lubbock will not be responsible foranother governmental entity’s debts. Each governmental entity will order their own materials/service as needed.

THIS BID IS SUBMITTED BY H20 Solutions, LLC a corporation organized under the laws of

the State of Washington or a partnership consisting of_________________________________ or

individual trading as

___________________________________________________

of the City of

__________

Firm: H20 Solutions, LLC

Address: 944 Discovery Circle NE #414

City:qt State: WA Zip 98029

Bidder acknowledges receipt of the foIlosing addenda:

Addenda No. x Date 12-52O12

Addenda No.Addenda No.WWBE Firni

Date

______________

DateI Woman .1.I Hispanic American I

Any entity or person that manufactures, distributes, converts new motor vehicles (or represents anentity that manufactures, distributes, or converts new motor vehicles) or is in the business of buying,exchanging, or selling new motor vehicles is required under the Tex. 0cc. Code. Chapter 2301 to belicensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bidto be in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide allapplicable current valid licenses issued by the State of Texas:

4. Name________________General Distinguishing No. N/A

A uthorc13epres’ntative - must sign by hand

Officer Name and Title: John Williams Member/ Manager

Please Print

Business Telephone Number (206) 491 - 4007 FAX: (888) 242-6147

E-mail Address: [email protected]

RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCKSPECIFICATIONS.

LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THECLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS.

Black American Natie American[ Asian Pacific Amerj Other (Specify)

I. ame N/A

2. Name N/A

3. Name N/A

and Manufacture’s License No._______________and Converter’s License No._________________and Representative’s License No._____________

and Franchise Dealer’s License No.___________

______________________

(Franchised TX dealer)

Date December 7. 2012

City of Lubbock, TX Water Department

Bid TabulationFebruary 14, 2013

Item U/M Qty Description/Vendor Location InspectionCleaning

0-3 Inches

Cleaning Additional

Inch Extended

Cost 1 EA 1

H2O Solutions, LLC Issaquah, WA 750 3,000 500 $ 4,250 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,216 11,454 6,636 19,306

2 EA 1H2O Solutions, LLC Issaquah, WA 650 2,700 300 3,650 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,144 6,676 3,948 11,768







BID 13-11067-RHWater Reservoir Inspections and Cleaning Services

Pump Station No. 3, 5-mil gal Tank








2/6/2013 @BCL@F01115B1




0-3 Inches

Cleaning Additional

Inch Extended

Cost 9 EA 1

H2O Solutions, LLC Issaquah, WA 450 1,250 50 1,750 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,063 1,656 168 2,887

10 EA 1H2O Solutions, LLC Issaquah, WA 450 1,900 100 2,450 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,108 1,827 672 3,607





15 EA 1H2O Solutions, LLC Issaquah, WA 450 950 50 1,450 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,034 1,509 402 2,945



Reservoir at 50th Street, 1-mil gal Tank

Pump Station No. 12, 150,000-gal Tank

Pump Station No. 10, 7-D70 mil gal Tank

Reservoir at 74th Street , 2-mil gal Tank

Reservoir at 35th Street, 1-mil gal Tank

Water Treatment Clearwell, 2.5-mil gal Tank

Water Treatment Clearwell, 6-mil gal Tank

Water Treatment Backwash, 1.1-mil gal Tank

Water Pump Station, 5-mil gal Tank

2/6/2013 @BCL@F01115B1




0-3 Inches

Cleaning Additional

Inch Extended

Cost 18 EA 1

H2O Solutions, LLC Issaquah, WA 650 2,600 100 3,350 Seamar Divers International, LLC Stafford, TX 2,800 5,600 1,870 10,270 Liquid Engineering Corporation Billings, MT 1,186 6,634 3,948 11,768


All or None Totals for Inspection and Cleaning:H2O Solutions, LLC Issaquah, WA 61,000$ Liquid Engineering Corporation Billings, MT 178,215 Seamar Divers International, LLC Stafford, TX 195,130 American Underwater Services, Inc. Ft. Worth, TX NR*Texas Tank Services Tyler, TX NR*

* Non-Responsive


Pump Station No. 15, 500,000-gal Tank

2/6/2013 @BCL@F01115B1


Bid TabulationJanuary 31, 2013

Item U/M Qty Description/Vendor Location Annual Contract

Price 1 EA 1

Texas Tank Services Tyler, TX 339 American Underwater Services Ft. Worth, TX 399 H2O Solutions Issaquah, WA 750 Liquid Engineering Corp Billings, MT 1,216 Seamar Divers Stafford, TX 2,800

2 EA 1Texas Tank Services Tyler, TX 339 American Underwater Services Ft. Worth, TX 399 H2O Solutions Issaquah, WA 650 Liquid Engineering Corp Billings, MT 1,144 Seamar Divers Stafford, TX 2,800





7 EA 1Texas Tank Services Tyler, TX 339 American Underwater Services Ft. Worth, TX 399 H2O Solutions Issaquah, WA 650

Annual Inspection of Pump Station # 4

BID 13-11067-RH

Water Reservoir Inspections and Cleaning Services







Q/Purchasing/Bid Documents/Buyer-Robin



Liquid Engineering Corp Billings, MT 1,200 Seamar Divers Stafford, TX 2,800

8 EA 1

Texas Tank Services Tyler, TX 339

American Underwater Services Ft. Worth, TX 399

H2O Solutions Issaquah, WA 500 Liquid Engineering Corp Billings, MT 1,195 Seamar Divers Stafford, TX 2,800

9 EA 1

Texas Tank Services Tyler, TX 339

American Underwater Services Ft. Worth, TX 399

H2O Solutions Issaquah, WA 450 Liquid Engineering Corp Billings, MT 1,063 Seamar Divers Stafford, TX 2,800





14 EA 1Texas Tank Services Tyler, TX 339

Annual Inspection of 74th Street Overhead Tower

Annual Inspection of 35th Street Elevated Steel Tank

Annual Inspection of Water Treatment Clearwell Sides A & B

Annual Inspection of Water Treatment Clearwell Steel Storage

Annual Inspection of 50th Street Overhead Tower






American Underwater Services Ft. Worth, TX 399 H2O Solutions Issaquah, WA 650 Liquid Engineering Corp Billings, MT 1,205 Seamar Divers Stafford, TX 2,800






Inspection Totals:Texas Tank Services Tyler, TX 6,441 American Underwater Services Ft. Worth, TX 7,581 H2O Solutions Issaquah, WA 11,250 Liquid Engineering Corp Billings, MT 21,680 Seamar Divers Stafford, TX 53,200



Annual Inspection for Pump Station # 15

Annual Inspection of Water Treatment Backwash Tank

Annual Inspection of Ground Water Pump Station-Bailey County




Item U/M Qty Description/Vendor LocationCost for 1st 0-

3 Inches

Cost Per Additional

Inch Contract Price

1 EA 1H2O Solutions Issaquah, WA 3,000 500 3,500 American Underwater Services Ft. Worth, TX 5,200 200 5,200 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 11,454 6,663 18,090 Texas Tank Services Tyler, TX 6,500 250 6,750






7 EA 1H2O Solutions Issaquah, WA 2,700 100 2,800 American Underwater Services Ft. Worth, TX 5,200 200 5,200

BID 13-11067-RHWater Reservoir Inspections and Cleaning Services

Cleaning of Pump Station # 3










Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 7,820 4,620 12,440

Texas Tank Services Tyler, TX 6,500 250 6,750

8 EA 1

H2O Solutions Issaquah, WA 1,800 100 1,900

American Underwater Services Ft. Worth, TX 4,800 200 4,800

Seamar Divers Stafford, TX 5,600 1,870 7,470

Liquid Engineering Corp Billings, MT 4,650 2,688 7,038

Texas Tank Services Tyler, TX 7,250 400 7,650

9 EA 1

H2O Solutions Issaquah, WA 1,250 50 1,300

American Underwater Services Ft. Worth, TX 3,000 200 3,000

Seamar Divers Stafford, TX 5,600 1,870 7,470

Liquid Engineering Corp Billings, MT 1,656 168 1,824 Texas Tank Services Tyler, TX 650 100 750

10 EA 1H2O Solutions Issaquah, WA 1,900 100 2,000 American Underwater Services Ft. Worth, TX 3,800 200 3,800 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 1,827 672 2,499 Texas Tank Services Tyler, TX 650 100 750

11 EA 1H2O Solutions Issaquah, WA 2,200 100 2,300 American Underwater Services Ft. Worth, TX 4,200 200 4,200 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 1,935 796 2,731 Texas Tank Services Tyler, TX 1,250 100 1,350

12 EA 1H2O Solutions Issaquah, WA 1,900 100 2,000 American Underwater Services Ft. Worth, TX 3,800 200 3,800 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 1,827 672 2,499 Texas Tank Services Tyler, TX 650 100 750


14 EA 1

Cleaning of 74th Street Overhead Tower

Cleaning of 35th Street Elevated Steel Tank

Cleaning of Water Treatment Clearwell Sides A & B

Cleaning of Water Treatment Clearwell Steel Storage

Cleaning of 50th Street Overhead Tower






H2O Solutions Issaquah, WA 2,700 100 2,800 American Underwater Services Ft. Worth, TX 7,800 200 7,800 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 7,365 4,368 11,733 Texas Tank Services Tyler, TX 5,700 100 5,800

15 EA 1H2O Solutions Issaquah, WA 950 50 1,000 American Underwater Services Ft. Worth, TX 3,800 200 3,800 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 1,509 402 1,911 Texas Tank Services Tyler, TX 300 100 400




19 EA 1H2O Solutions Issaquah, WA 1,800 50 1,850 American Underwater Services Ft. Worth, TX 1,600 200 1,600 Seamar Divers Stafford, TX 5,600 1,870 7,470 Liquid Engineering Corp Billings, MT 1,707 756 2,463 Texas Tank Services Tyler, TX 1,150 100 1,250

`Cleaning Totals:H2O Solutions Issaquah, WA 49,750 American Underwater Services Ft. Worth, TX 101,100 Seamar Divers Stafford, TX 141,930 Liquid Engineering Corp Billings, MT 156,535 Texas Tank Services Tyler, TX 144,950



Cleaning for Pump Station # 15

Cleaning of Water Treatment Backwash Tank

Cleaning of Ground Water Pump Station-Bailey County




All or None Totals for Inspection and Cleaning:H2O Solutions Issaquah, WA 61,000 American Underwater Services Ft. Worth, TX 108,681 Texas Tank Services Tyler, TX 151,391 Liquid Engineering Corp Billings, MT 178,215 Seamar Divers Stafford, TX 195,130



InformationAgenda ItemContract Resolution – Public Works Streets: Consider a resolution authorizing the Mayor toexecute Contract 11139 for the 2013 Street Micro-Surfacing Project, BID I3-11139-DG.

Item SummaryThe 2013 Street Micro-Surfacing Project consists of an application of emulsified asphalt resurfacing materialand pavement markings. This project includes thoroughfares, collectors, and residential streets designated for the2013 Micro-Surfacing project. Micro-Surfacing is a polymer modified, asphalt emulsion based, dense graded, coldmixed, quick setting, asphalt resurfacing material. This preserves the structural capacity of the existing pavement soit can continue to support heavy traffic loads. Micro-surfacing is a necessary maintenance function that will prolongthe usable life of City streets and will result in an improved ride quality on the roadways.

Bids were received from the following companies:

Lone Star Dirt & Paving, Ltd. of Lubbock, TX $4,987,660 (Disqualified as described below)Intermountain Slurry Seal of Watsonville, CA 5,058,650Viking Construction, Inc. of Georgetown, TX 5,394,958

The general conditions of the specifications require as part of the bidder's qualifications: “Demonstration ofexperience shall include a complete list of all similar municipal and non-municipal current and completed projectsfor the past three (3) years for review.” Although the low bidder, Lone Star Dirt and Paving Ltd., is currently undercontract with the City on several paving projects and has completed many paving projects in other areas, theyhave no equipment to perform micro-surfacing nor do they have experience in the micro-surfacing process on anyprevious project. Everything in the process must be precise in order to make it lay, cure, and perform as designed. The lack of equipment and experienced resources disqualifies Lone Star Dirt & Paving from this bid.

Staff recommends the contract be awarded to the second lowest bidder, Intermountain Slurry Seal, Inc., ofWatsonville, CA, with 28 years of experience. Intermountain Slurry Seal is a proven micro-surfacing contractor thathas done two out of the last four Micro-Surfacing projects for the City. Both of those projects were completedahead of schedule and done to complete satisfaction.

The contract is awarded by unit price. The total amount of the award is estimated based on estimated quantities andactual expenditures may be more or less depending on actual needs. The price per unit will not change andexpenditures will not exceed appropriated funds.

Time for completion is 110 consecutive calendar days with liquidated damages of $1,044 per day.

Fiscal Impact$28,022,068 is appropriated in Capital Improvement Project 92248, Phase II Street Maintenance Program, with$5,058,650 available for this contract.


AttachmentsResolution & Bid Form - Micro-SurfacingCost Detail - 92248CIP DetailMicro Surface Map 2013

RESOLUTION

BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF LUBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock. Contract No. 11139 for 2013 Micro-Surfacing Project. by and between the City of Lubbock and Intermountain Slurry Seal,Inc.. of Watsonville, California, and related documents. Said Contract is attached heretoand incorporated in this resolution as if fully set forth herein and shall be included in theminutes of the City Council.

PassLd b the City Council on

________________________ _________

GLEN C ROBERTSON, MAYOR

Al IESI


APPROVED AS To CONTENT:

IMarsha Reed. P.E Chief Opera’ting Officer


1/

Chad ‘Weaver. Assistant City Attorney

vw :ccdocs RES.ContractinterrnountainJanuar\ 23. 2() 13

BID SUBMITTAL FORM

UNIT PRICE BID CONTRACT

DATE: January 22, 2013

ITB 13-I I 139-DG, 2013 Micro-Surfacing Project

Bid of Intermountain Slurry Seal, Inc. (hereinafter called Bidder)To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)

Ladies and Gentlemen:

The Bidder, in compliance with your Invitation to Bid for the construction of the 2013 Micro-Surfacing Project,having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contractdocuments and the site of the intended work, and being familiar with all of the conditions surrounding the construction ofthe intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, andsupplies; and to construct the project in accordance with the plans, specifications and contract documents, within the timeset forth therein and at the price stated below.

The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to theaccompanying forms, for performing and completing the said work within the time stated and for the prices stated below.

ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDEDNO. QUANTITY MEASURE AMOUNT

Micro-Surfacing CSS-lP in accordance with TxDOT Specifications $Item No. 350, including emulsion, mineral filler, aggregate, labor,

500 TNequipment, and all incidentals needed to produce micro-surfacing,‘

deliveredandplace. / zg2,3o—2

CSR-2P Emulsion with 3% latex by volume (2% by weight) for f

course no. 1, per gallon. Including labor, equipment, and 120,000 GALpreparation of existing surface. • 00 &O, t,a2—Surface aggregate; TxDOT No. 4 crushed stone, meeting gradationand soundness test, including loading and freight at stockpile in the

3 City of Lubbock, for course no. I. Including labor, equipment, and 2,800 CYpreparation of existing surface. Rock must be washed and clean of

, ,gall dirt and debris before application. 0’ 0 2.’&, ocx’—’Paint stripe tabs for all streets requiring lane line repainting,

15 000 EA“

including labor, equipment, and preparation of existing surface, etc. ‘ Q. 5’4j .324” surface preparation on concrete materials including grinding. I

5 sealing. pre-marking. elimination of exIsting markings, and 1.000 LFinstallation complete and in-place. 2, 2.0 2., za8” surface preparation on concrete materials including grinding. ‘

6 sealing, pre-marking, elimination of existing markings, and 1,500 LFinstallation complete and in-place. I. SType I Thermoplastic pavement marking. .125 mu, 24” white stop

7 line (TxDOT DMS 8220). Including labor, equipment, and 2,700 LF 4preparation of existing surface complete and in placeType I Thermoplastic pavement marking. .125 mil, 24” whitecontinental crosssalk (TxDOT DMS 8220). Including labor.

LF‘ equipment. and preparation of existing surface complete and in- j

place. 2Type II A-A raised pavement marker (TxDOT DMS 3240).

9 Including labor, equipment, and preparation of existing surface and 2,550 LF ,

installation complete and in-place.Type II R-C raised pavement marker (TxDOT DMS 8240).

10 Including labor, equipment, and preparation of existing surface and 850 LAal1ation

-___‘O

ITEM DESCRIPTION ESTIMATED UNIT OF UNIT PRICE EXTENDEDN QUANTITY MEASURE AMOUNT

Type I W-C raised pavement marker TxDOT DMS 8240).I I Including labor, equipment. and preparation of existing surface, and 3,550 LA 4 ,

installation complete and in-place. 2, 10Thermoplastic pavement marking Right or Left turn arrow (TxDOT

12 DMS 8220). Including labor, equipment, and preparation of I IX LA .

existing surface complete and in-place. 1E ,

13“ Thermoplastic lane line elimination. Including labor, equipment,

PS LFand all tools necessary to remove thermoplastic markings.‘ Q• z.4

8” Thermoplastic lane line elimination, Including labor, equipment,14 . . 15,000 LFand all tools necessary to remove thermoplastic markings. ,. 1 4

24” Thermoplastic lane line elimination. Including labor,15 equipment. and all tools necessary’ to remove thermoplastic 3.700 LF

markings. I.7Thermoplastic turn arrow elimination. Including labor, equipment,

118 EA16 and all tools necessary to remove thermoplastic markings. W Z 3 2. 5lRaised pavement marking elimination. Including labor, equipment,

17 . 7,500 EA ,, ,and all tools necessary to remove raised pavement markings. 0. s —Milling of asphalt surface to various depths at all locations whereMicro-Surfaced streets will join at either a concrete valley gutter, or

18concrete intersection, at varying widths. Including labor,

3 300equipment, and all incidentals needed to ensure a smooth transitionbetween existing concrete surface, and the Micro-Surfaced street.The resulting rnillings to be retained by the City of Lubbock. 1’ d

TOTAL BASE BID ( ITEMS 1 - 18) $ a zo/ ,

_________

Bidder’s Initials

3

Bidder hereby agrees to commence the work on the above project on a date to he specified in a written “Notice toProceed’ of the Owner and to substantially complete the proiect within ONE—HUNDRED AND TEN (hO)CONSECUTYIE CAlENDAR DAYS thereafter as stipulated in the specihications and other contract documents.Bidder hereby further agrees to pay to Oner as liquidated damages the sum of ONE-THOUSAND FORTY—FOURDOLLARS ($1,044) for each consecutive calendar day in excess of the time set forth herein above for completion ofthis project, all as more fully set forth in the general conditions of the contract documents,

Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance withinstruction number 29 of the General Instructions to Bidders.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in thebickling.

The Bidder agrees that this bid shall he good and may not be withdrawn for a period of SEVENTY (70) calendardays after the scheduled closing time for receiving bids.

The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined theplans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees tocommence work on or before the date specified in the written notice to proceed, and to substantially complete the work onwhich he has bid; as provided in the contract documents.

Bidders are required, whether or not a payment or performance bond is required, to submit a cashier’s check orcertified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the totalamount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, andexecute all necessary bonds (if required) within ten(l0) business days after notice of award of the contract to him

____________

Bidder’s Initials

4

Enclosed with this bid is a Cashier’s Check or Certified Check for N/A Dollars(S ) or a Bid Bond in the sum of Five Percent (5%) of Bid Amount I)ollars (S 3j ), whichit is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted bythe Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and therequired bond (if any) with the Owner within ten (10) business days after the date of receipt of written notificationof acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon denaand.

Intermountain Slurry Seal, Inc.Company

(Seal if Bidder is a Corporation) 585 West Beach StreetAddress

Watsonville Santa CruzCity, County

CA , 95076State

Nt/WBE Firm: Woman Black American Native American[ Hispanic American Asian Pacific American Other (Specif’)

Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contractdocuments made available to him for his inspection in accordance with the Notice to Bidders.

Pursuant to Texas Local Government Code 252.043(a), acompetitive sealed bid that has been opened may not bechanged for the purpose of correcting an error in the bid price.THEREFORE, ANY CORRECTIONS TO THE BID PRICEMUST BE MADE ON THE BID SUBMITTAL FORM PRIORTO BID OPENING.

Date: January2 ,2013

Authorized SignatureKathleen Schreckengost, Vice-President

(Printed or Typed Name)

ATTl!T:1

v6(avSJAssistant Secretary

/ Cynthia P. Johnson

Bidder acknowledges receipt of the following addenda: Telephone: 831 -

Fax: 831 -_

Addenda No. j Date I/./’Addenda No. 2_ Date__________Addenda No.

_______

Date_________Addenda No.

_______

Date__________

Zip Code724-10117S8-4fl21

FEDERAL TAX ID or SOCIAL SECURITY No.87-0307259


BudgetCapital Project Number:Encumbered/Expended FY 2010-11 Street maintenance and construction 7,958,621$

Lone Star Dirt & Paving (Asphalt Patching) 1,545,867 Lone Star Dirt & Paving (Concrete Repairs) 949,300 Ballou Pavement Solutions (2012 Micro-Surfacing Project) 4,992,796 Pavement Restoration 197,252 Bee Equipment Sales (Lease Asphalt Paver) 45,000 Water System Improvements 396 Admin Cost 2,066 Asphalt 122,227 Mac Davis Lane Design 29,731 S & S Commercial Properties - Paving of 66th East of Iola 35,667 Lone Star Dirt & Paving (Asphalt Patching) 864,000 Lone Star Dirt & Paving (Concrete Repairs) 738,002

Agenda Item February 14, 2013Intermountain Slurry Seal (2013 Micro-Surfacing Project) 5,058,650

Encumbered/Expended To Date 22,539,575

Estimated Costs for Remaining AppropriationConstruction 5,482,493

Remaining Appropriation 5,482,493

Total Appropriation 28,022,068$

Street Maintenance Program

February 14, 2013Project Cost Detail

Capital Project City of Lubbock, TX

92248

Project Name Street Maintenance Program Project Number 92248

Managing Department

Project Manager


Project Status

Project Scope

Paved Streets

Kevin Lair

Infrastructure Improvements

Approved

Micro-surfacing, asphalt rejuvenation, asphalt milling, asphalt milling and overlay, full or partial depth pavement repair, total

reconstruction, patching, crack sealing, concrete joint sealing, and brick street repair.


The project is a preventive maintenance program to help preserve and maintain our street infrastructure. The maintenance program is an

essential tool to help extend the useful life of the pavement. Used early in a pavement's life, prentative maintenance corrects small

problems before they become big problems, saves money, and improves safety and rideability. At some point, all roads require total

rehabilitation as they near the end of their useful life. Total rehabilitation is completed when funding is available.

Project History

This project will replace CIP 92125 that funded street maintenance through FY 2009-10.

$9,201,970 was appropriated in the FY 2010-11 Budget, Ord. No. 2010-O0070, September 16, 2010.

$9,339,999 was appropriated in the FY 2011-12 Budget, Ord. No. 2011-O0080, September 8, 2011.

$9,480,099 was appropriated in FY 2012-13 Budget, Ord. No. 2012-O0100, September 13, 2012. (General Fund Debt)



Appropriation to

Date

Total Project


Construction 18,541,969 9,480,099 9,622,300 9,766,635 9,913,135 10,061,832 10,212,759 77,598,729

Total Project Appropriation 18,541,969 9,480,099 9,622,300 9,766,635 9,913,135 10,061,832 10,212,759 77,598,729


Funding to

Date

Total


FY 2011 10-Year Certificates of

Obligation

9,201,970 0 0 0 0 0 0 9,201,970

FY 2012 10-Year Certificates of

Obligation

9,339,999 0 0 0 0 0 0 9,339,999

FY 2013 10-Year Tax Revenue

CO's

0 9,480,099 0 0 0 0 0 9,480,099


CO's

0 0 9,622,300 0 0 0 0 9,622,300


CO's

0 0 0 9,766,635 0 0 0 9,766,635


CO's

0 0 0 0 9,913,135 0 0 9,913,135


CO's

0 0 0 0 0 10,061,832 0 10,061,832


CO's

0 0 0 0 0 0 10,212,759 10,212,759

Total Funding Sources 18,541,969 9,480,099 9,622,300 9,766,635 9,913,135 10,061,832 10,212,759 77,598,729

Micro-Surfacing 2013


InformationAgenda ItemSale of Property Resolution - Right-of-Way: Consider a resolution authorizing the Mayor to execute a contract ofsale between the City and Market Lubbock Economic Development Corporation, for the sale of 10.281 acres out ofSection 3, Block O, Lubbock County, Texas, 400 Block of East 14th Street.

Item SummaryThe City received a request from Lubbock Economic Development Alliance (LEDA) to sell City-owned propertylocated south of East 14th Street at Elm Avenue to Market Lubbock for economic development purposes. In orderfor the City to sell the property to Market Lubbock, a reinvestment zone has been created that encompasses theproperty.

The property has been appraised by a certified MAI appraiser for a value of $112,000 and will be sold to MarketLubbock for that value.

Fiscal Impact$112,000 in revenue to the General Fund.

Staff/Board RecommendingLee Ann Dumbauld, City Manager

AttachmentsResolution & Contract - Sale of Property

RESOLUTION


THAT the Mayor of the City of Lubbock BE and is hereby authorized anddirected to execute for and on behalf of the City of Lubbock a Contract of Sale betweenthe City of Lubbock and Market Lubbock Economic Development Corporation to sell10.281 acres out of Section 3. Block 0, Lubbock County, Texas, for economicdevelopment purposes. Said Contract is attached hereto and incorporated in thisResolution as if fully set forth herein and shall be included in the minutes of the Council.


______________________________________,

2013.


ATTEST:



-&Dave Booher, Right of Way Agent


Linda L. Chamales,Economic Development Attorney

City att / Linda / Res — Contract of Sale - ML!January31. 2013

CONTRACT OF SALE

STATE OF TEXAS §

COUNTY OF LUBBOCK §

This Contract of Sale (the “Contract”) is made this

________

day of

________________

2013, effective as of the date of execution hereof by Seller (the“Effective Date”), by and between the CITY OF LUBBOCK, TEXAS, a Home RuleMunicipal Corporation of Lubbock County, Texas, (referred to herein as “Seller”), andMARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas notfor profit development corporation (referred to herein as “Buyer”).

RECITALS

WHEREAS, Seller owns the surface estate of that certain tract of land describedon Exhibit “A”, attached hereto, and located in Lubbock County, Texas (the “Land”); and

WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,the Land and all the rights appurtenant to the Land (collectively, the “Property”).

ARTICLE ISALE OF PROPERTY AND ASSIGNMENT

OF LEASE AND AGREEMENT

Sale of the Property. For the consideration hereinafter set forth, and upon the terms,conditions, reservations and provisions herein contained, Seller agrees to sell and conveyto Buyer, and Buyer agrees to purchase from Seller, the Property.

ARTICLE IIPURCHASE PRICE AND EARNEST MONEY

2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is thesum of One Hundred Twelve Thousand and No/100 Dollars ($112,000.00) (the“Purchase Price”). Said Purchase Price is the fair market value as determined byappraisal dated January 9, 2013.

2.02 Earnest Money. Buyer shall deposit the sum of One Hundred and No/lOUDollars ($100.00), as Earnest Money (herein so called) with Service Title Company,1408 Buddy Holly, Lubbock, Texas, 79401 (the “Title Company”), as escrow agent,upon execution of this Contract by Seller and Buyer. All interest earned thereon shallbecome part of the Earnest Money and shall be applied or disposed of in the same manner

as the original Earnest Money deposit, as provided in this Contract. If the purchasecontemplated hereunder is consummated in accordance with the terms and the provisionshereof, the Earnest Money, together with all interest earned thereon, shall be applied tothe Purchase Price at Closing. In all other events, the Earnest Money, and the interestaccrued thereon, shall be disposed of by the Title Company as provided in this Contract.

ARTICLE IllTITLE AND SURVEY

3.01 Title Commitment. Within thirty (30) calendar days after the Effective Date,Seller, at Buyer’s sole cost and expense, shall cause to be furnished to Buyer a currentCommitment for Title Insurance (the “Title Commitment”) for the Property, issued byTitle Company. The Title Commitment shall set forth the state of title to the Property,including a list of liens, mortgages, security interests, encumbrances, pledges,assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions,restrictions, options, severed mineral interests, conditional sales contracts, rights of firstrefusal, restrictive covenants, exceptions, easements (temporary or permanent), rights-ofway. encroachments, or any other outstanding claims, interests, estates or equities of anynature (each of which are referred to herein as an “Exception”).

3.02 Survey. Seller has caused to be prepared an on the ground survey of the Property(collectively, the “Survey”), dated November 9, 2012, as revised December 28, 2012.Buyer accepts said Survey as a current survey of the Property. The description of theProperty as set forth in the Survey shall be used to describe the Property in the deed toconvey the Property to Buyer and shall be the description set forth in the Title Policy

3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shallhave a period of fifteen (15) calendar days (the “Title Review Period”) commencing withthe day Buyer receives the Title Commitment, in which to give written notice to Seller,specifying Buyer’s objections to one or more of the items (“Objections”), if any.Notwithstanding anything to the contrary herein, all exceptions to the conveyance andwarranty being set forth in the General Warranty Deed, attached hereto as Exhibit “B”,shall be deemed for all purposes as Permitted Exceptions and shall not be subject toObjection by Buyer. All items set forth in the Schedule C of the Title Commitment shallbe deemed to be Objections without any action by Buyer.

3.04 Seller’s Obligation to Cure; Buyer’s Right to Terminate. The Seller shall,within twenty (20) calendar days after Seller is provided notice of Objections, eithersatisfy the Objections at Seller’s sole cost and expense or notify Buyer in writing of theObjections that Seller cannot or will not satisfy at Seller’s expense. Notwithstanding theforegoing sentence, Seller shall, in any event, be obligated to cure those Objections orExceptions that have been voluntarily placed on or against the Property by Seller after theEffective Date. If Seller fails or refuses to satisfy any Objections that Seller is notobligated to cure within the allowed twenty (20) calendar day period, and if Buyer andSeller do not agree in writing to an extension of that period, then Buyer has the option of

Contract of Sale — Market Lubbock Economic Development CorporationPage 2 of 23

either:

(i) waiving the unsatisfied Objections within sixty (60) calendar days afterthe expiration of the Title Review Period, in which event those Objectionsshall become Permitted Exceptions (herein so called), or

(ii) terminating this Contract by notice in writing and receiving back theEarnest Money, in which latter event Seller and Buyer shall have nofurther obligations, one to the other, with respect to the subject matter ofthis Contract.

3.05 Title Policy. At Closing, Seller, at Buyer’s sole cost and expense, shall cause astandard Texas Owner Policy of Title Insurance (“Title Policy”) to be furnished to Buyer.The Title Policy shall be issued by the Title Company, on behalf of Chicago TitleInsurance Corporation, in the amount of the Purchase Price and insuring that Buyer hasindefeasible fee simple title to the Property, subject only to the Permitted Exceptions.

ARTICLE IVREPRESENTATIONS, WARRANTIES, COVENANTS,

RESERVATIONS AND AGREEMENTS

4.01 Representations and Warranties of Seller and Buyer.

(a) To induce Buyer to enter into this Contract and consummate the sale andpurchase of the Property in accordance with the terms and provisionsherewith, Seller represents and warrants to Buyer as of the Effective Dateand as of the Closing Date, except where specific reference is made toanother date, that:

(1) To the knowledge of Seller, the descriptive information concerningthe Property set forth in this Contract is complete, accurate, trueand correct.

(2) To the knowledge of Seller, there are no adverse or other parties inpossession of the Property or any part thereof, and that no partyhas been granted any license, lease or other right related to the useor possession of any of the Property, or any part thereof.

(3) The Seller has the full right, power, and authority to sell andconvey the Property as provided in this Contract and to carry outSeller’s obligations hereunder, and that all requisite actionsnecessary to authorize Seller to enter into this Contract and to carryout Seller’s obligations hereunder have been, or by the Closing,will have been taken.


(4) To the knowledge of Seller, the Seller has not received notice of,and has no other knowledge or information of, any pending orthreatened judicial or administrative action, or any action pendingor threatened by adjacent landowners or other persons against oraffecting the Property.

(5) Seller has not contracted or entered into any agreement with anyreal estate broker, agent, finder, or any other party in connectionwith this transaction or taken any action which would result in anyreal estate broker commissions or finder’s fee or other fees payableto any other party with respect to the transactions contemplated inthis Contract.

(b) To induce Seller to enter into this Contract and consummate the sale andpurchase of the Property in accordance with the terms and provisionsherewith, Buyer represents and warrants to Seller as of the Effective Dateand as of the Closing Date, except where specific reference is made toanother date, that:

(I) The Buyer has the full right, power, and authority to purchase theProperty as provided in this Contract and to carry out Buyer’sobligations hereunder, and that all requisite actions necessary toauthorize Buyer to enter into this Contract and to carry out Buyer’sobligations hereunder have been, or by the Closing, will have beentaken.

(2) Buyer has not contracted or entered into any agreement with anyreal estate broker, agent, finder, or any other party in connectionwith this transaction or taken any action which would result in anyreal estate broker commissions or finder’s fee or other fees payableto any other party with respect to the transactions contemplated inthis Contract.

4.02 Covenants and Agreements of Seller and Buyer.

(a) Seller covenants and agrees with Buyer as follows:

(1) From the Effective Date until the date of Closing or earliertermination of this Contract, Seller shall:

(i) Not enter into any written or oral contract or otheragreement of any kind with respect to, or affecting, theProperty that will not be ftiliy performed on or before theClosing or would be binding on Buyer after the date ofClosing.


(ii) Advise the Buyer promptly of any litigation, arbitration, oradministrative hearing concerning or affecting the Property.

(iii) Not take, or omit to take, any action that would result in aviolation of the representations, warranties, covenants, andagreements of Seller.

(iv) Not sell, assign, lease or convey any right, title or interestwhatsoever in or to the Property. or create, or permit toexist, any lien, encumbrance, or charge thereon.

(b) From the Effective Date until the date of Closing or earlier termination ofthis Contract, Buyer shall:

(1) Not take, or omit to take, any action that would result in a violationof the representations, warranties, covenants, and agreements ofBuyer.

4.03 Reservations of Seller. Seller, for itself, its successors and assigns, reserves fromthe sale and conveyance of the Property the following:

(a) Buyer reserves for itself, its successors and assigns any and all oil, gas andother minerals, in, on and under and that may be produced from theProperty.

4.04 Independent Evaluation of Buyer. Buyer has made an independent inspectionand evaluation of the Property and acknowledges that Seller, except as expressly set forthin this Contract, has made no statements or representations concerning the present orfuture value of the Property, the condition, including the environmental condition of theProperty, or the anticipated income, costs, or profits, if any, to be derived from theProperty. FURTHER, EXCEPT AS IS EXPRESSLY MADE IN THIS CONTRACT,SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER,EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUTLIMITATION, AS TO THE DESCRIPTION, VALUE, QUALITY, PHYSICAL ANDENVIRONMENTAL CONDITION OF THE PROPERTY, MERCHANTABILITY, ORFITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer further acknowledgesthat, in entering into this Contract, it has relied solely upon its independent evaluation andexamination of the Property and public records relating to the Property and theindependent estimates, computations, evaluations and studies based thereon. Sellermakes no warranty or representation as to the accuracy, completeness or usefulness ofany information furnished to Buyer, if any, whether furnished by Seller or any other thirdparty. Seller, its officers, employees, elected officials and agents assume no liability forthe accuracy, completeness or usefulness of the material furnished by the Seller, or any ofits officers. employees, elected officials and/or agents, if any, and/or any other thirdparty. Reliance on any material so furnished shall not give rise to any cause, claim or


action against Seller, its officers, employees, elected officials and/or agents, and any suchreliance shall be at Buyer’s sole risk.

THE CONVEYANCE OF THE PROPERTY SHALL BE ON A “WHERE IS”,“AS IS” AND “WITH ALL FAULTS” BASIS, EXCEPT AS MAY BE EXPRESSLYPROVIDED OTHERWISE HEREIN, AND SHALL BE WITHOUTREPRESENTATION OR WARRANTY, EXCEPT AS MAY BE EXPRESSLYPROVIDED OTHERWISE HEREIN, WHATSOEVER, EXPRESS, STATUTORY ORIMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO DESCRIPTION,PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY,QUALITY, VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, OROTHERWISE. Buyer shall satisfy itself, prior to the Closing, as to the type, condition,quality and extent of the Property and property interests which comprise the Property it isreceiving pursuant to this Contract.

4.05 Survival Beyond Closing. The representations, warranties, covenants,reservations and agreements of Seller and Buyer contained in this Contract shall survivethe Closing.

ARTICLE VCONDITIONS PRECEDENT TO PERFORMANCE

5.01 Performance of Seller’s Obligations. Buyer is not obligated to perform underthis Contract unless, within the designated time periods all of the following shall haveoccurred:

(i) Seller cures or Buyer waives in writing, within the time periods specifiedin Article III, all of Buyer’s objections made in accordance with ArticleIII.

5.02 Breach of Seller’s or Buyer’s Representations, Warranties, Covenants andAgreements. Buyer and/or Seller is not obligated to perform under this Contract unlessall representations, warranties, covenants and agreements of the other party to thisContract contained in this Contract are true and correct, as of the Closing Date, exceptwhere specific reference is made to another date.

5.03 Adverse Change. Buyer shall not be obligated to perform under this Contract, ifon the date of Closing, any portion of the Property has been condemned, or is the subjectof condemnation, eminent domain, or other material proceeding, or the Property, or anypart thereof, has been materially or adversely impaired in any manner.

5.04 Simultaneous Closing. Buyer and Seller acknowledge that immediately uponClosing, Buyer intends to convey the Property that is the subject of this Contract of Saleto an economic development prospect for the purpose of developing the Property for lightindustry. Buyer shall not be obligated to perform under this Contract, if on the date of


Closing, Buyer is unable to simultaneously close with the economic developmentprospect.

5.05 Right to Waive Conditions Precedent. Notwithstanding anything contained inthis Contract to the contrary. Buyer and/or Seller may, at their option, elect to waive anyof the conditions precedent to the performance of its obligations under this Contract bygiving to the non-waiving party, at any time prior to Closing, a written waiver specifyingthe waived condition precedent.

5.06 Termination if Conditions Precedent Not Satisfied or Waived. If any of theconditions precedent to the performance of a party’s obligations under this Contract havenot been satisfied or waived by the non-waiving party, the non-waiving party may, bygiving written notice to the other party, terminate this Contract. On non-waiving party’stermination, the Earnest Money shall be immediately returned to the non-waiving partyby the Title Company. Except as otherwise provided in this Contract, Buyer and Sellershall have no further obligations under this Contract, one to the other in the event of suchtermination.

ARTICLE VICLOSING AND POST CLOSING OBLIGATIONS

6.01 Date and Place of Closing. The Closing shall take place in the offices of theTitle Company and shall be accomplished through an escrow to be established with theTitle Company, as escrowee. The Closing Date (herein sometimes called), shall be onthe earlier to occur of (1) ten (10) days following the completion of all conditionsprecedent to Buyer’s performance of this Contract as set forth in Article V hereof; or (ii)as mutually agreed on by Seller and Buyer.

6.02 Items to be Delivered at the Closing.

(a) Seller. At the Closing, Seller shall deliver or cause to be delivered toBuyer or the Title Company, the following items:

(i) The Title Policy, in the form specified in Section 3.05;

(ii) The General Warranty Deed, in the form as attached hereto asExhibit “B”, subject only to the Permitted Exceptions, dulyexecuted by Seller and acknowledged;

(iii) Other items reasonably requested by the Title Company asadministrative requirements for consummating the Closing.

(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company,the following items:


(i) The sum required by Section 2.01, less the Earnest Money andinterest earned thereon, in the form of certified or cashier’s checkor other readily available funds;

(ii) The General Warranty Deed, in the form as attached hereto asExhibit “B”, subject only to the Permitted Exceptions, dulyexecuted by Buyer and acknowledged;

(iii) Other items reasonably requested by the Title Company asadministrative requirements for consummating the Closing.

6.03 Ad Valorem Taxes.

(a) It is expressly agreed and understood by Seller and Buyer that the Propertyis presently exempt from ad valorem taxation by all taxing entities withtaxing jurisdiction over the Property. Buyer is a 501c(4) tax exemptorganization and will also be exempt from ad valorem taxation by alltaxing entities with taxing jurisdiction over the Property.

(b) Notwithstanding anything to the contrary contained in this Contract, theprovisions of this Section 6.03 shall survive the Closing.

6.04 Possession at Closing. Possession of the Property shall be delivered to Buyer atClosing.

6.05 Costs of Closing. Each party is responsible for paying the legal fees of itscounsel, in negotiating, preparing, and closing the transaction contemplated by thisContract. Seller is responsible for paying fees, costs and expenses identified herein asbeing the responsibility of Seller. Buyer is responsible for paying fees, costs, expensesidentified herein as being the responsibility of Buyer. If the responsibility for such costsor expenses associated with closing the transaction contemplated by this Contract are notidentified herein, such costs or expenses shall be borne by the Buyer.

6.06 Post Closing Obligations of Buyer. From and after Closing, Buyer shall:

(a) Utilize the Property for, and the conveyance of the Property to Buyer is onthe condition that it utilize the Property for, economic developmentpurposes, which could include that the property be marketed anddeveloped by Buyer for light industry. This obligation shall be deemed acondition, and not a limitation, and shall not under any circumstanceextend beyond the period of time allowed by law.

(b) Notwithstanding anything to the contrary in this Contract, the provisionsof this Section 6.06 shall survive the Closing. Buyer shall and herebyagrees to indemnify, defend and hold harmless Seller, its officers, electedofficials, agents, successors and assigns from and against any and all


losses, demands, damages, costs, harms, injuries, causes of action, fines,penalties, expenses, claims or suits arising from, in connection with, orrelated to failure to comply with the post closing obligations set forthherein and/or breach of the warranties and covenants of Article IV,including the payment of reasonable attorneys’ fees and costs.

ARTICLE VIIDEFAULTS AND REMEDIES

7.01 Seller’s Defaults and Buyer’s Remedies.

(a) Seller’s Defaults. Seller is in default under this Contract on theoccurrence of any one or more of the following events:

(i) Any of Seller’s warranties or representations contained in thisContract are untrue on the Closing Date; or

(ii) Seller fails to meet, comply with or perform any covenant,agreement, condition precedent or obligation on Seller’s partrequired within the time limits and in the manner required in thisContract.

(b) Buyer’s remedies. If Seller is in default under this Contract, Buyer, asBuyer’s sole and exclusive remedy for the default, may terminate thisContract, and, following the expiration of five (5) calendar days afterSeller is in receipt of written notice of the default, receive the EarnestMoney from the Title Company as liquidated damages.

7.02 Buyer’s Default, Seller’s Remedies.

(a) Buyer’s Default. Buyer is in default under this Contract on theoccurrence of any one or more of the following events:

(i) Any of Buyer’s warranties or representations contained in thisContract are untrue on the Closing Date; or

(ii) Buyer fails to meet, comply with or perform any covenant,agreement. condition precedent or obligation on Buyer’s partrequired within the time limits and in the manner required in thisContract.

(b) Seller’s Remedy. If Buyer is in default under this Contract, Seller, asSeller’s sole and exclusive remedy for the default, may terminate thisContract and, following the expiration of five (5) calendar days afterBuyer is in receipt of written notice of the default, receive the EarnestMoney from the Title Company as liquidated damages.


ARTICLE VIIIMISCELLANEOUS

8.01 Notice. All notices, demands, requests, and other communications requiredhereunder shall be in writing, and shall be deemed to be delivered, upon the earlier tooccur of (a) actual receipt, and (b) three (3) days after the deposit of, in a regularlymaintained receptacle for the United States Mail, registered or certified, return receiptrequested, postage prepaid, addressed as follows:

BUYER: SELLER:

MARKET LUBBOCKECONOMIC DEVELOPMENTCORPORATION1500 Broadway, 6th FloorLubbock, Texas 79401(806) 749-4500Telecopy: (806) 749-4501

Copies to:

For Buyer:

Lee Ann DumbauldCity Manager

City of LubbockP. 0. Box 2000Lubbock, Texas 79457(806) 775-2110Telecopy: (806) 775-2051

For Seller:

Tommy SwannMcCleskey, Harriger, Brazill& Graf, L.L.P.P. 0. Box 6170Lubbock, Texas 79493(806) 796-7333Telecopy: (806) 796-7365

Dave Booher, Right-of-Way AgentCity of LubbockP. 0. Box 2000Lubbock, Texas 79457(806) 775-2352Telecopy: (806) 775-3074

Linda L. ChamalesEconomic Development AttorneyP. 0. Box 2000Lubbock, TX 79457(806) 775-2215Telecopy: (806) 775-3307

8.02 Governing Law and Venue. This Contract is being executed and delivered andis intended to be performed in the State of Texas, the laws of Texas governing thevalidity, construction, enforcement and interpretation of this Contract. This Contract isperformable in. and the exclusive venue for any action brought with respect hereto, shalllie in Lubbock County, Texas.

Contract of Sale — Market Lubbock Economic Development CorporationPage 10 of23

8.03 Entirety and Amendments. This Contract embodies the entire agreementbetween the parties and supersedes all prior agreements and understandings, if any,related to the Property, and may be amended or supplemented only in writing executedby the party against whom enforcement is sought.

8.04 Parties Bound. This Contract is binding upon and inures to the benefit of Sellerand Buyer, and their respective successors and assigns.8.05 Risk of Loss. If any condemnation or any eminent domain proceedings arethreatened or initiated that might result in the taking of any portion of the Property, Buyermay, at Buyer’s option, do any of the following:

(a) Terminate this Contract and withdraw from this transaction without cost,obligation or liability, in which case the Earnest Money shall beimmediately returned to Buyer; or

(b) Consummate this Contract, in which case Buyer, with respect to theProperty, shall be entitled to receive any proceeds paid for the Property. IfBuyer makes this election, the Closing shall be held on the tenth (10)calendar day after election is made to close and receive the proceeds.

Buyer shall have a period often (10) days after receipt of written notification from Selleron the final settlement of all condemnation proceedings in which to make Buyer’selection.

8.06 Further Assurances. In addition to the acts and deeds recited in this Contractand contemplated to be performed, executed and/or delivered by Seller and Buyer, Sellerand Buyer agree to perform, execute and/or deliver, or cause to be performed, executedand/or delivered at the Closing or after the Closing, any further deeds, acts, andassurances as are reasonably necessary to consummate the transactions contemplatedhereby.

8.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that timeis of the essence with respect to this Contract.

8.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, areincorporated in and made a part of, this Contract for all purposes.

8.09 Delegation of Authority. Authority to take any actions that are to be, or may be,taken by Seller under this Contract are hereby delegated by Seller to City Manager, LeeAnn Dumbauld, or her designee.


Executed by Seller on the

________

day of______________ 2013.

SELLER:

CITY OF LUBBOCK, a Home Rule MunicipalCorporation of Lubbock County, Texas

BY:____________________________GLEN C. ROBERTSON, MAYOR

ATTEST:



Lee Ann Dumbauld, City Manager

Dave Booher, Right-of-Way Agent


Linda L. Chamales, Economic Development Attorney


Executed by Buyer on the

________

day of 2013.

BUYER:

MARKET LUBBOCK ECONOMICDEVELOPMENT CORPORATION, a Texas notfor profit development corporation

By:

______________________

Name:

__________________________

Title:________________________________

as/citvattiLindaiContractofSale-MarketLubbockEconornicDevelopmentCorpJanuary 14, 2013


EXHIBIT “A”TO CONTRACT OF SALE

METES AND BOUND DESCRIPTION of a 10.28 1 acre tract out of a 64.5 acre tract asdescribed in Volume 1234, Page 650 of the Deed Records of Lubbock County, Texas, located inSection 3, Block 0, Lubbock County, Texas, being further described as follows:

BEGINNFNG at a 3/4” iron pipe found in the South right-of-way line of East 14th Street, at themost Westerly Northwest corner of said 64.5 acre tract and this tract, same being the originalNortheast corner of Lot 3, Hill Addition to the City of Lubbock, Lubbock County, Texas,according to the map, plat and/or dedication deed thereof recorded in Volume 1349, Page 533 ofthe Deed Records of Lubbock County, Texas, from whence a found 3/4” iron pipe bears N.88° 12’ W. 250.00 feet;

THENCE S. 88° 12’ E., along said South right-of-way line and the Northern boundary of said 64.5acre tract, a distance of 130.70 feet to a 1/2” iron rod with cap set for a corner of said 64.5 acretract and this tract;

THENCE N. 0l°48’ E. continuing along said South right-of-way line and the Northern boundaryof said 64.5 acre tract, a distance of 15.00 feet to an “X” cut in concrete in the South right-of-wayline of East 14th Street as described in Volume 378, Page 303 of the Deed Records of LubbockCounty. Texas, for the most Northerly Northwest corner of said 64.5 acre tract and this tract;

THENCE S. 88° 12’ E., continuing along said South right-of-way line and the Northern boundaryof said 64.5 acre tract, a distance of 771.00 feet to a 1/2” iron rod with cap set for the Northeastcorner of this tract, from whence a found 3/4” iron pipe bears S. 88° 12’ E. 620.13 feet;

THENCE S. 01°48’ W., at 15.00 feet pass a 1/2” iron rod with cap set in reference, continuing fortotal distance of 379.41 feet to a 1/2” iron rod with cap set for the Southeast corner of this tract;

THENCE S. 69°27’52” W. a distance of 274.59 feet to a 1/2” iron rod with cap set for a corner ofthis tract;

THENCE N. 88°12’ W. a distance of 301.00 feet to a 1/2” iron rod with cap set for a corner ofthis tract;

THENCE S. 44°32’ W. a distance of212.1 1 feet to a 1/2” iron rod with cap set in the Westernboundary of said 64.5 acre tract and the Eastern boundary of a tract described in Volume 89, Page213 of the Deed Records of Lubbock County, Texas, for the most Southerly Southwest corner ofthis tract;

THENCE N. 50°47’ W., along the Western boundary of said 64.5 acre tract and the Easternboundary of said tract described in Volume 89, Page 213, a distance of 187.64 feet to a 3/4” ironpipe found at a corner of said 64.5 acre tract, a corner of said tract described in Volume 89, Page213 and a corner of this tract;

THENCE N. 45°28’ W.. continuing along the Western boundary’ of said 64.5 acre tract and theEastern boundary of said tract described in Volume 89, Page 213, a distance of 73.17 feet to a3/4” iron pipe found at the Southeast corner of said Lot 3, Hill Addition, a corner of said 64.5acre tract and the most Westerly Southwest corner of this tract;


THENCE N. 0l°48’ E., along the Eastern boundary of said Lot 3, Hill Addition and the Westernboundary of said 64.5 acre tract, a distance of 460.90 feet to the Point of Beginning.

Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone,City of Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet.

CONTAINS: 447,843 square feet.

Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone,City of Lubbock Geodetic Network and Aerial Control Distances are Surface, U.S. Survey Feet.


FXI4IB4T—EXHIBiT_“B”TO CONTRACT OF SALE

GENERAL WARRANTY DEED

STATE OF TEXAS §

COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS

That CITY OF LUBBOCK, a Texas home rule municipal corporation (herein

called “Grantor”), for and in consideration of the sum of TEN AND NO/i 00 DOLLARS

($10.00), and other good and valuable consideration to Grantor in hand paid by the

MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, a Texas not-

for-profit development corporation (herein called “Grantee”), P. 0. Box

___________

Lubbock, TX

_______,

the receipt and sufficiency of which are hereby acknowledged and

confessed, subject to the reservations, covenants and exceptions herein, has GRANTED,

SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY,

unto Grantee the SURFACE ESTATE only of all the real property in Lubbock County,

Texas described on Exhibit “A”, attached hereto, together with all the rights appurtenant

to said real property, and fixtures attached thereto or located thereon.

Grantor reserves unto itself, its successors and assigns, any and all of the oil, gas

and other minerals in, on and under and that may be produced from the Property.

Grantee shall utilize the Property for, and the conveyance of the Property to

Grantor on the condition that it utilize the Property for economic development purposes,

which could include the property being marketed and developed by Buyer for light

industry. This obligation shall be deemed a condition, and not a limitation, and shall not


under any circumstance extend beyond the period of time allowed by law.

Additionally, this conveyance and warranty shall be subject to the following

matters:

(i) Validly existing easements, rights-of-way, and prescriptive rights, whether

of record or not; all presently recorded and validly existing restrictions,

reservations, covenants, conditions, oil and gas leases, mineral interests, and other

instruments, that affect the Property; validly existing rights of adjoining owners in

any walls and fences situated on a common boundary; any discrepancies,

conflicts, or shortages in area or boundary lines; and any encroachments or

overlapping of improvements.

(ii) [Exceptions as agreed to by Grantee].

(iii) The terms and conditions of that certain Contract of Sale (the ‘Contract”)dated

________________,

2013, by and between Grantor and Grantee.

Grantee has made an independent inspection and evaluation of the Property and

acknowledges that Grantor, except as expressly set forth in the Contract, has made no

statements or representations concerning the present or future value of the Property, the

condition, including the environmental condition of the Property, or the anticipated

income, costs, or profits, if any, to be derived from the Property. FURTHER, EXCEPT

AS IS EXPRESSLY MADE IN THE CONTRACT, GRANTOR MAKES NO

REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED,

STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO

THE DESCRIPTION, VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL

CONDITION OF THE PROPERTY, MERCHANTABILITY, OR FITNESS FOR

PURPOSE OF ANY OF THE PROPERTY. Grantee further acknowledges that, in


entering into the Contract and accepting this conveyance, it has relied solely upon its

independent evaluation and examination of the Property and public records relating to the

Property and the independent estimates, computations, evaluations and studies based

thereon. Grantor makes no warranty or representation as to the accuracy, completeness

or usefulness of any information furnished to Grantee, if any, whether furnished by

Grantor or any other third party. Grantor, its officers, employees, elected officials and

agents assume no liability for the accuracy, completeness or usefulness of the material

furnished by the Grantor, or any of its officers, employees, elected officials and/or agents,

if any, and/or any other third party. Reliance on any material so furnished shall not give

rise to, and Grantee hereby releases such parties from and against any cause, claim or

action against Grantor, its officers, employees, elected officials and/or agents, and any

such reliance shall be at Grantee’s sole risk.

THE CONVEYANCE OF THE PROPERTY IS ON A “WHERE IS”, “AS IS” AND

“WITH ALL FAULTS” BASIS, EXCEPT AS MAY BE EXPRESSLY PROVIDED

OTHERWISE HEREIN, AND SHALL BE WITHOUT REPRESENTATION OR

WARRANTY, EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE

HEREIN, WHATSOEVER, EXPRESS, STATUTORY OR IMPLIED, INCLUDING,

BUT WITHOUT LIMITATION, AS TO DESCRIPTION, PHYSICAL AND

ENVIRONMENTAL CONDITION OF THE PROPERTY, QUALITY, VALUE,

FITNESS FOR PURPOSE, MERCHANTABILITY, OR OTHERWISE. Grantee has

satisfied itself, as to the type, condition, quality and extent of the Property and property

interests which comprise the Property it is receiving pursuant to this Deed.

TO HAVE AND TO HOLD the Property, subject to the reservations, covenants


and exceptions above, together with all and singular the rights and appurtenances thereto

in anywise belonging unto Grantee and Grantee’s successors and assigns forever; and

Grantor does hereby bind Grantor and Grantor’s successors and assigns to WARRANT

AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee’s

successors and assigns, against every person whomsoever lawfully claiming or to claim

the same or any part thereof


EXECUTED the

_______

day of , 2013.

GRANTOR: CITY OF LUBBOCK


ATTEST:



Lee Ann Dumbauld, City Manager

Dave Booher. Right-of-Way Agent


Linda L. ChamalesEconomic Development Attorney

THE STATE OF TEXAS §COUNTY LUBBOCK §

This instrument was acknowledged before me on the day of______________

2013, by Glen C. Robertson. Mayor of the City of Lubbock, Texas, a home rule

municipal corporation.

Notary Public, State of TexasMy commission expires:

____________


GRANTEE:

MARKET LUBBOCK ECONOMICDEVELOPMENT CORPORATION, a Texas notfor profit development corporation

By:

___________________________

Name:____________________________________

Title:_______________________________________

THE STATE OF TEXAS §COUNTY LUBBOCK §

This instrument was acknowledged before me on the day of

______________

2013. by

_________________,

of Market Lubbock Economic

Development Corporation, a Texas not for profit development corporation formed

pursuant to the Development Corporation Act of 1979.

Notary Public, State of TexasMy commission expires:


EXHIBIT “A”To

General Warranty Deed

METES AND BOUND DESCRIPTION of a 10.281 acre tract out of a 64.5 acre tract asdescribed in Volume 1234. Page 650 of the Deed Records of Lubbock County. Texas, located inSection 3. Block 0. Lubbock County. Texas, being further described as follows:

BEGINNING at a 3/4” iron pipe found in the South right—of—way line of East 14th Street, at themost Westerly Northwest corner of said 64.5 acre tract and this tract, same being Lhe originalNortheast corner of Lot 3, I till Addition to the City of Lubbock, Lubbock County, Texas,according to the map, plat and/or dedication deed thereof recorded in Volume 1349, Page 533 ofthe Deed Records of Lubbock County, Texas, from whence a found 3/4” iron pipe bears N.88°12’ W. 250.00 feet;

TI-IENCE S. 88° 12 E., along said South right-of-way line and the Northern boundary of said 64.5acre tract, a distance of 130.70 let to a 1/2” iron rod with cap set for a corner of said 64.5 acretract and this tract;

THENCE N. 01 °48’ E. continuing along said South right—of—way line and the Northern boundaryof said 64.5 acre tract, a distance of 15.00 feet to an “X” cut in concrete in the South right-of-wayline of East 14th Street as described in Volume 378, Page 303 of the Deed Records of LubbockCounty, Texas, for the most Northerly Northwest corner of said 64.5 acre tract and this tract;

THENCE S. 88° 12’ E., continuing along said South right-of-way line and the Northern boundaryof said 64.5 acre tract, a distance of 771.00 feet to a 1/2” iron rod with cap set for the Northeastcorner of this tract, from whence a found 3/4” iron pipe bears S. 88°12’ E. 620.13 feet;

TI-IENCE S. 01°48’ W., at 15.00 feet pass a 1/2’ iron rod with cap set in reference, continuing fortotal distance of379.4 1 feet to a 1/2” iron rod with cap set for the Southeast corner of this tract;

TI-IENCE S. 69°27’52” W. a distance of 274.59 feet to a 1/2” iron rod with cap set for a corner ofthis tract;

THENCE N. 88° 12’ W. a distance of 301.00 feet to a 1/2” iron rod with cap set for a corner ofthis tract;

THENCE S. 44°32’ W. a distance of212.l 1 feet to a 1/2” iron rod with cap set in the Westernboundary of said 64.5 acre tract and the Eastern boundary of a tract described in Volume 89, Page213 of the Deed Records of Lubbock County, Texas, for the most Southerly Southwest corner ofthis tract;

THENCE N. 50°47’ W., along the Western boundary of said 64.5 acre tract and the Easternboundary of said tract described in Volume 89, Page 213, a distance of 187.64 feet to a 3/4” ironpipe found at a corner of said 64.5 acre tract, a corner of said tract described in Volume 89, Page213 and a corner of this tract;

THENCE N. 45°28’ W., continuing along the Western boundary of said 64.5 acre tract and theEastern boundary of said tract described in Volume 89, Page 213, a distance of 73.17 feet to a


3/4” iron pipe found at the Southeast corner oI’said Lot 3, 11111 Addition, a corner of said 64.5acre tract and the most Westerly Southwest corner of this tract;

TI IENCE N. 01 °48’ E.. along the Eastern boundary of said Lot 3. 11111 Addition and the Westernboundary of said 64.5 acre tract, a distance of’ 460.90 feet to the Point of’ Beginning.

Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North—Central Zone,City of’ Lubbock Geodetic Network and Aerial Control. Distances are Surface, U.S. Survey Feet.

CONTAINS: 447,843 square feet.

Bearings are relative to Grid North, NAD 83, Texas Coordinate System, North—Central Zone,City of Lubbock Geodetic Network and Aerial Control Distances are Surface, U.S. Survey Feet.



InformationAgenda ItemResolution - Parks and Recreation: Consider a resolution authorizing the Mayor to execute a Texas Parks andWildlife Department Certificate of Land Dedication For Park Use regarding Lubbock Southwest Regional Park,TPWD Project Number 20-00099.

Item SummaryIn 1983, the Texas Parks and Wildlife Department (TPWD) provided funding assistance for the purchase of157.707 acres in Southwest Lubbock for the initial acquisition of property for a future regional park. The park waslater named in honor of former Lubbock Mayor Bill McAlister. Additional TPWD grant funds have been acquiredfor the development of Legacy Play Village, the baseball fields, a disc golf course, a skate park, the horseshoe pits,parking, lighting and irrigation.

The McAlister Park project agreement with TPWD, for which the funding assistance was provided states:“The Participant, agrees that the property described in the project agreement and the dated project boundary map,made part of that agreement, is being acquired or developed with grant assistance, and that it shall not be convertedto other than public recreation use and shall be maintained for public recreation in perpetuity.”

Any other use of the McAlister Park property requires the conversion of the parkland. The property proposed forsubstitution must be of equal fair market value to the property to be converted.

Fiscal ImpactThe Texas Department of Transportation (TXDOT) requires a dedication of 5.777 acres in McAlister Park forright-of-way expansion for the Marsha Sharp Freeway. The 5.777 acre tract will no longer serve as publicrecreation and must be converted. The appraised value of the McAlister property is $1,208,000. The replacementproperty has been identified as a portion of the Lubbock Youth Sports Complex (LYSC) property located at FM1585 and Milwaukee Avenue. The 77.670 acre tract of vacant land has been appraised for $1,242,720. Approval ofthis resolution will dedicate the LYSC property as parkland.

TPWD has reviewed the conversion documents including the appraisals, environmental assessments, surveys, siteplans and the Certificate of Land Dedication. The TPWD has approved the conversion documents.

Staff/Board RecommendingScott Snider, Assistant City Manager Community Services

AttachmentsResolution - McAlister ConversionCertificate of Land DedicationMcAlister 5.777 Acre Survey

RESOLUTION


THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock a Texas Parks and Wildlife DepartmentCertificate of Land Dedication regarding Lubbock Southwest Regional Park, ProjectNumber 20-00099. Said Certificate is attached hereto and incorporated in this resolutionas if fully set forth herein and shall be included in the minutes of the City Council.


_________________________________


ATTEST:



Randy Truesdell, Parts & Recreation Mgr.

. 42.

___

Dave Booher, Right-ofWay Agent



vw:ccdocs/RESMcAlister Park Dedication CertificateJanuary 22, 2013

TEXAS PARKS AND WILDLIFE DEPARTMENT

CERTIFICATE OF LAND DEDICATION FOR PARK USE

TEXAS RECREATION AND PARKS ACCOUNT PROGRAM

This is to certi1’ that a permanent record shall be kept in the CITY OF LUBBOCK public

property records and be made available for public inspection to the effect that the property

described in the scope of the Project Agreement for Lubbock Southwest Regional Park;

Project Number 20-00099; as further described on Exhibit “A” attached hereto and incorporated

herein by reference as a 77.67 acre tract of land out of the SW. /4 of Section 20, Block AK,

Lubbock, County, Texas, and the dated project boundary map made part of that Agreement. has

been acquired or developed with Texas Recreation and Parks Account assistance and that it

cannot be converted to other than public recreation use without the written approval of Texas

Parks and Wildlife.

CITY OF LUBBOCK


ATTEST:


APPROVED ASTE:

Davy Bo er, Right of Way Agent

APP/ROED AS FO FORM:


of 3EXHIBIT A

Property Description for 77.670 Acre Tract

Being a 77.670 acre tract of land out of the Southwest Quarter of Section 20, Block AK, LubbockCounty, Texas, said Southwest Quarter of Section 20, Block AK described in an instrument to the Cityof Lubbock in Volume 4163, Page 85, Official Real Property Records of Lubbock County, Texas, andbeing more particularly described by metes and bounds as follows:

COMMENCING at a 1/2” iron rod found at the Southwest corner of said Section 20, Block AK,Lubbock County, Texas; Thence North 01° 40’ 58” East, along the West line of said Section 20, BlockAK, a distance of 665.10 feet to a point; Thence South 88° 19’ 02” East a distance of 54.90 feet to a1/2’, iron rod with plastic cap, marked Hugo Reed and Associates, found for a point of curvature on theEast right of way line of Milwaukee Avenue as dedicated by instrument number 2010021068, OfficialReal Property Records of Lubbock County, Texas, the POINT OF BEGINNING;

(1) THENCE North 01° 40’ 58” East, along said East right of way line of Milwaukee Avenue, adistance of 202.66 feet to a 5/8” iron rod with a 2” Texas Department of Transportation aluminum capset for the Westerly most Northwest corner of this tract;

(2) THENCE South 88° 17’ 52” East, a distance of 1616.87 feet to a 1/2” iron rod with plastic capmarked WSCI, found for a corner of this tract;

(3) THENCE North 01° 40’ 58” East, a distance of 1771.79 feet to a 1/2” iron rod with plastic capmarked WSCI, found for the Northerly most Northwest corner of this tract, on the North line of saidSouthwest Quarter of Section 20, Block AK, from which a railroad spike found for the Northwestcorner of said Southwest Quarter of Section 20, Block AK, bears North 88° 17’ 45” West, a distance of1671.76 feet;

(4) THENCE South 88° 17’ 45” East, along the North line of said Southwest Quarter of Section 20,Block AK, a distance of 939.71 feet to a 1/2 iron rod with plastic cap, marked Hugo Reed andAssociates, found for the Northeast corner of this tract and being on the West right of way line of lolaAvenue as dedicated by said instrument number 2010021068, from which a 1” iron pipe found at theNortheast corner of said Southwest Quarter of Section 20, Block AK, bears South 88° 17’ 45” East, adistance of 32.00 feet;

(5) THENCE South 01° 40’ 08” West, along said West right of way line of lola Avenue, a distanceof 2163.87 feet to a 5/8” iron rod with a 2” Texas Department of Transportation aluminum cap set forthe Easterly most Southeast corner of this tract;

(6) THENCE North 88° 13’ 17” West, a distance of 418.45 feet to a 5/8” iron rod with a 2” TexasDepartment of Transportation aluminum cap set for a corner if this tract;

(7) THENCE South 01° 40’ 08” West, a distance of 419.16 feet to 5/8” iron rod with a 2” TexasDepartment of Transportation aluminum cap set on the North line of FM 1585 as dedicated by saidinstrument number 2010021068, the Southerly most Southeast corner of this tract;

(8) THENCE North 88° 13’ 17” West, along said North line of FM 1585 as dedicated by saidinstrument number 2010021068, a distance of 1721.58 feet to a 518” iron rod with a 2” TexasDepartment of Transportation aluminum cap set for the Southerly most Southwest corner of this tract,from which a found 1/2’ iron rod with plastic cap, marked Hugo Reed and Associates, bears North 88°13’ 17” West, a distance of 19.41 feet;

of3EXHIBIT A

(9) THENCE North 010 46’ 43” East, a distance of 423.71 feet to a 5/8” iron rod with a 2” TexasDepartment of Transportation aluminum cap set for a corner of this tract;

(10) THENCE North 88° 19’ 02” West, a distance of 417.88 feet to a 5/8” iron rod with a 2” TexasDepartment of Transportation aluminum cap set for the Northerly most Southwest corner of this tract;

(11) THENCE North 01° 40’ 58” East, a distance of 182.18 feet to the Point of Beginning.

NOTES:1. Bearings are grid, based on NAD83 Texas State Plane Coordinate System, Texas North CentralZone.2. Distances are surface values.3. This property description is accompanied by a survey plat of even date.4. No improvements were located by this survey or are shown hereon.5. Date of field survey: October 11,2012.

I hereby certify that this survey was made on the ground under my dii

DateRichard L. HuttonRegistered Professional Land SurveyorNo. 4155, State of Texas

supervision.

PLAIT OF SURVEY EXHIBIT “AflONA 77.670 ACRE TRACT OF LAND OUT OF Page 3 of 3THE S.W. OF SECTION 20. BLOCK AK.

LUBBOCK COUNTY. TEXASKEVIN FOERSTER. TRUSTEE2009010095 (0. P.R.)

1671.76’ S 8817’45E 32.00’- 54.90’ WEED 55.00’) 1616.87’

— — — —

V 5’ R.O.W. 2010021068 (0.P.R.)

I50’ R.O.W. VOL. 1333. PG. 189

I N

13

00—

CITY OF LUBBOCK, TEXASVOL. 4163, PG. 85 0

0

(1)

\0

S.

S 88’I7’52 E 16/6.87’ VARIABLE WIDTH ROW____ (I.

_________________________________________________________________

2010021068 (O.P.R.1 ——N 0P40’58’ E 202.66’

a),—FOINT OF BEGINNING

N Of4O’58 E CITY OF LUBBOCK. TEXASVOL. 4163. PG. 85

182.18’

-J-J

_____________

C..)

4/7.88’ N 88’13’17’ W4/8.45’

•

I VARIABLE WIDTH fl 60.00’

‘? fr;4.

0 2010021068 (0.P.R.)

——

R.O.W. VOL 411. PG. 141 N 8813’17 W 1721.58’— —

—

tr)

F U. /585

I HEREBY CERTIFY THAT THIS SURVEY WAS MADE

COMMENCING

ERVISION.GROUND UNDER MY DIRECTION

S.W.C. SECTION 20. BLK AK

LLG• FOUND y2 IRON ROD® FOUND ‘/2’ IRON ROD W/CAP

FOUND 1 PIPE RICHARD L. HUTTONQ FOUND RAILROAD SPIKE REGISTERED PROFESSIONAL LAND SURVEYORNO. 4155 STATE OF TEXASSET /8 IRON ROD WITH TXDOT 2’ ALUMINUM CAP0 SET RAILROAD SPIKE

- — EXISTING ROW LINE

®2O12‘Texos Deportment of

TransportationNOTES:

1. BEARINGS ARE GRID, BASED ON NAO83 STATE PLANE TRACT 2COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE.2. DISTANCES ARE SURFACE VALUES. 77. 670 ACRES3. THIS SURVEY PLAT IS ACCOMPANIED BY A PROPERTY

LUBBOCK COUNTY, TEXASDESCRIPTION OF EVEN DATE.4. NO IMPROVEMENTS WERE LOCATED BY THIS SURVEY OR SCALEI 1 • 4OOARE SHOWN HEREOH.5. DATE OF FIELD SURVEY: OCTOBER 11, 2012.

2007032454(0. P.R.)


InformationAgenda ItemContract Resolution - Vector Control: Consider a resolution authorizing the Mayor to execute an interlocalagreement with Lubbock County for vector control services for areas outside the City limits and within LubbockCounty.

Item SummaryThe City has annually provided Lubbock County with vector control services for mosquito control to areas outsideof the City limits for more than 35 years.

The contract term is from October 1, 2012, through September 30, 2013.

Fiscal Impact$144,854 revenue to the City.

Staff/Board RecommendingScott Snider, Assistant City Manager

AttachmentsResolution & Contract - Vector Control

RESOLUTION

BE IT RESOLVED BY THE CITY COIJNCIL OF THE CITY OF LUBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the City of Lubbock, an Interlocal Agreement for VectorControl services, by and between the City of Lubbock and Lubbock County Texas, andrelated documents. Said Agreement is attached hereto and incorporated in thisResolution as if fully set forth herein and shall be included in the minutes of the CityCouncil.


______

day of

________________,

2013.


ATTEST:


APPROVED AS TO COI\TENT:

( Nt\( 1Scott Snider, Assistant City Manager

APPROVED AS T FORM:

had Weaver, Assistant City Attorney

gs/ccdocs/lnterlocal Agrrnnt.Vector Control.res2.29,2013

City of Lubbock, TXVector Control

Vector Control Service Agreement

STATE OF TEXAS §

COLTNTY OF LUBBOCK §

This Interlocal Agreement entered into between Lubbock County, acting by andthrough its duly authorized County Commissioners Court. hereinafter called ‘County”,and the City of Lubbock, acting by and through its duly authorized Mayor, hereinaftercalled. City”.

WHEREAS, the Lubbock County Commissioners County, Lubbock County,Texas, has determined that a need exists for vector control services in Lubbock Countyoutside the city limits of the City of Lubbock; and

WHEREAS. the City of Lubbock agrees to furnish such services; and

NOW THEREFORE. the parties mutually agree as follows:

I. The City agrees to provide vector control services for the entire area ofLubbock County lying outside the city limits of the City of Lubbock.including incorporated areas within the county. The City will provideweekly reports to the County to inform of sprayed locations.

2. The City in providing this service shall pay all necessary expenses of thepersonnel involved in this service, including salaries, administrationexpense, fringe benefits, transportation vehicles, supplies, andmaintenance and operation of transportation vehicles.

3. The term of this Agreement shall be from October 1,2012, (the EffectiveDate), through September 30, 2013.

4. The County hereby agrees and obligates itself to pay to the City for thisservice in monthly installments of twelve thousand seventy-one and19/100 dollars ($12,071.19). This monthly fee shall be paid by the Countyto the City on the 15th day of each month. It is further understood andagreed that in the event additional mosquito applications are necessary,due to heavier than normal rain or a mosquito borne disease outbreak, theCounty shall pay the direct cost for such additional applications beyondsix per year. Detailed costs of this program are shown in the estimatedcost exhibit attached hereto as Exhibit A. which exhibit is incorporatedherein by reference.

5. The City or the County may amend this Agreement at any time, providedthat such amendments make specific reference to this Agreement, and areexecuted in writing, signed by an authorized representative of bothorganizations and approved by both governing bodies.

6. The County agrees that all payments to this Agreement must be madefrom current revenues available to the County pursuant to Section791.0111 of the Texas Government Code.

7. The Agreement may be terminated by either party upon thirty (30) dayswritten notice to the other party.

Executed this

______________

day of _•,I__ I —

LU!.).

COMMISSIONER’S COURT OFLUBBOCK COUNTY. TEXAS: CITY OF LUBBOCK:

Tom Head. County Judge

ATTEST:

Kelly Pinion, County Clerk


Neal Burt, Civil ChiefDeputy District Attorney

GLENN C. ROBERTSON. MAYOR

ATTEST:



)t/jScott Snider,Assistant City Manager


Chad WeaverAssistant City Attorney

CW/Contracts-Agreemenls!Veclor Control Services AgrmtJanuar 29. 2013

EXHIBIT AVECTOR CONTROL SERVICE AGREEMENT

Mosquito Control

A. Personnel Services—40% of $211,873.70(salary and benefits for five vector control workers)35 weeks x 4 hours x 5 days x 5 employees = 3,500 hours $84,749.48

(a) Supervisory Staff— 15% of $54,103.87(salary and benefits for one supervisor)35 weeks x 9 hours/week = 315 hours $8,115.58

B. Supplies

(b) Eighty gallons of insecticide per spraying at$35/gallon x 6 applications per year $16,800.00

(c) Sixty gallons of Bacillus Thuringiensis (BT)to larvicide 350 lakes at $35/gallon x 6 applicationsper year $12,600.00 $12,600.00

C. Maintenance and FuelMaintenance and Fuel budgets at $26,607 x 60%5 ULV sprayers and 5 turbine sprayers used for program $15,964.20

D. Indirect Costs $6,624.97

II. Total Annual Mosquito Control Program $144.854.23

111. Month’y Rate of Contract $12,071.19


InformationAgenda ItemOrdinance 2nd Reading - Animal Services: Consider Ordinance 2013-O0008 amending Chapter 4 of the Code ofOrdinances of the City of Lubbock, Texas, with regard to repealing outdated and unnecessary provisions, amendingprovisions to encompass current practices, and conforming the ordinance to the standards and conventions of therest of the Code of Ordinances; providing a penalty clause; providing a savings clause, and providing for publication.

Item SummaryOn Januaray 31, 2013, the City Council approved the first reading of the ordinance.

Definitions have been updated to match current practices and organization. A redlined version is attached forreview and the originial is available in the Office of the City Secretary.

Animal Advisory Board approved the changes to Chapter 4 at their March 27, 2012 meeting.

Fiscal ImpactNone.

Staff/Board RecommendingQuincy White, Assistant City ManagerAnimal Advisory Board

AttachmentsChapter 4 Redline - Animal Services

1

CHAPTER 4 ANIMALS

ARTICLE 4.01 GENERAL PROVISIONS

Sec. 4.01.001 Definitions

For the purpose of this chapter, the following phrases, words and their derivatives shall be construed as defined in this section. All other words shall have their usual meaning. Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; reference to the male gender includes the female; and references to any person or animal without specifying gender include both male and female. The word “shall” is mandatory and directory wherever it is used in the chapter. Whenever a public official is referred to by only the title of his office, such reference shall be construed as if followed by the words “of the City of Lubbock or his authorized deputy,” unless the context indicates otherwise. Other words defined are:

For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; reference to the male gender includes the female; and references to any person or animal without specifying gender include both male and female. The word “shall” is mandatory and directory wherever it is used in the chapter. Other words defined are: Abandon. means lLeaving any animal(s) in an enclosure or location without providing food, water, adequate shelter from sun, excessive heat or cold, rain, hail, ice or snow, or failing to provide veterinary care when needed to prevent suffering. This definition also includes leaving any animal(s) at a residence or location that is not occupied by any person(s) greater than 50% of any 30 day period, except while on business, vacation or other customary absences. Animal. means aAny living creature, except human beings, classified as a member of the Kingdom Animalia and including, but not limited to, mammals, birds, reptiles and fish. Animal dealer. means aAny person, partnership, or corporation engaging in the business of buying, selling, or trading animals to others in any public area, including, but not limited to, sale of any animal at a roadside stand, booth, flea market, or other temporary site. This definition does not include private party animal sales or government-operated animal shelters. Animal establishment. means aAny facility or business that has custody or control of animals within the City of Lubbock including, but not limited to, pet shops, pet grooming facilities, animal auction facilities, or commercial kennels. This term does not include veterinary or medical facilities, research or other facilities licensed by government

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agencies. Animal exhibition. means aAny exhibition or act featuring performing animals, including circuses, temporary animal exhibits, petting zoos, and private zoos. Such exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or sanctioned by the animal services division. Animal services facility. means aAn establishment operated by the City of Lubbock for the temporary confinement, safekeeping, and control of animals which come into the custody of the City of Lubbock. Assistance animal. means any animal professionally trained to assist a handicapped person aAny guide dogguide dog, signal dogsignal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disabilityspecial needs, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchairwheelchair, or fetching dropped items. At large. means aAn animal (excluding sterilized and registered cats) that meets one (1) of the following criteria: (1) On premises of owner. Any animal not confined to the premises of the owner by

some physical means of sufficient height, strength, length, and/or manner of construction to preclude the animal from leaving the premises of the owner. Any animal being contained by a fence that, because of the fence’s lack of height or general disrepair, cannot properly restrict the animal shall be considered at large.

(2) Off premises of owner. Any animal which is not physically and continually

restrained by some person by means of a leash or chain of proper strength and length that precludes the animal from making unsolicited contact with any person, their clothing, their property, or their premises.

The term shall not include animals, with required permits, being trained or exhibited while under the immediate physical or vocal control of a person, so long as the animal demonstrates complete and immediate compliance with all physical or vocal commands of the person and is not making any unsolicited contact with another animal or any person, their clothing, their property, their premises, or another animal. . Auction. means aAny place or facility where animals are regularly bought, sold, or traded. This definition does not apply to individual sales of animals by private owners. Cat. means aAny live or dead cat (Felis catus). Cats and related terms are defined as follows:

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Ear tipping. means aA technique for painless removing of a quarter-inch off the top of a feral cat’s left ear by a licensed veterinarian while the cat is anesthetized for spaying/neutering for the purpose of permanently identifying a feral cat that has been evaluated, vaccinated, and sterilized.

Feral cat. means aAny cat which is too poorly socialized to be handled (and therefore must be trapped and sedated for examination) and cannot be placed into a typical pet home.

Feral cat caregiver. means aA person who feeds feral cats, performs trap-neuter-return, and provides long-term care and monitoring for adult feral cats that are returned.

Feral cat colony. means tThree or more cats, “loosely owned,” “quasi-owned,” or “marginally owned” whothat have been fed and cared for at some level, but are not claimed by any one person.

Free roaming cats. means cCats which are not confined to the house or an enclosure and are at large.

Managed feral cat colony. means aA group of feral cats living together and having strong blood ties in which all cats have been sterilized and vaccinated and are provided daily food and shelter by a feral cat caregiver. The caretaker follows the most structured form of TVARM. This means to trap, vaccinate, alter, return, and manage.

Registered feral cat colony. means rA feral cat colony that is registered at with Lubbock Animal Services and meetsing all requirements of this chapter.

Stray cat. means cCats which are currently or recently owned which may be lost from their homes.

City enforcement agent. means The City of Lubbock director of animal services, their authorized representatives, local rabies control authority, animal services officers, a law enforcement officer, or other authorized employees of the City of Lubbock. The director of animal services shall be responsible for the enforcement of this chapter and any regulations promulgated hereunder, unless otherwise provided by law. the City of Lubbock health director, animal services managerdirector of animal services, their authorized representatives, or a law enforcement officer. The animal services managerdirector of animal services shall be responsible for the enforcement of this chapter and any regulations promulgated hereunder, unless otherwise provided by law. Commercial establishment. means eEstablishments that engage in activities that include animal dealer, animal establishment, and animal exhibition, as those terms are defined herein.

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Dangerous animal. means: (1) Any individual animal which, because of its physical nature and/or vicious

propensity, would constitute a danger to human life or property; or any animal that is possessed of tendencies to attack or to injure human beings or other animals;

(2) An animal that commits an unprovoked attack on a human being, that causes

bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own;

(3) An animal that commits unprovoked acts in a place other than an enclosure in

which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own, and those acts cause a person reasonably to believe that the animal will attack and cause bodily injury to that person; or

(4) An animal that makes an unprovoked attack on a domestic animal or domestic

fowl that causes bodily injury or death, and which occurs when such animal is at large.

Dangerous wild animal. means aAny animal not normally considered domesticated which, because of its size, vicious nature, or other natural characteristic would constitute a danger to human life, property, or domestic animals, or any animal that is restricted from ownership by any state or federal law including, but not limited to, the following animals: (1) Reptiles: venomous reptiles, crocodiles or alligators; (2) Birds: emus, ostriches, rheas, and any species illegal to own under federal or state

law; (3) Mammals: ocelots, lions, tigers, jaguars, leopards, cougars, bobcats, wolves,

dingoes, coyotes, jackals, elephants, weasels, martins, minks, badgers, pandas, bears, raccoons, bats, foxes, skunks, cheetahs, servals, caracals, hyenas, baboons, chimpanzees, orangutans, gorillas, any species illegal to own under federal or state law, and any animal which is, or may be hereafter, listed as a “high risk” animal in the Texas Rabies Control Act; or

(4) Any hybrid of any animal classified as a “dangerous wild animal.” Department. means tThe City of Lubbock Health DepartmentAnimal Services. Dog. means aAny live or dead dog (Canis familiaris).

5

Enforcement agent. means t The City of Lubbock director of animal services, their authorized representatives, local rabies control authority, animal services officers, a law enforcement officer, or other authorized employees of the City of Lubbock. The director of animal services shall be responsible for the enforcement of this chapter and any regulations promulgated hereunder, unless otherwise provided by law. he local health director, local rabies control authority, local health authority, animal services officers and other authorized employees of the City of Lubbock. Estray. means aAny unbranded sheep, cattle, horses, or mules found running at large, or any branded sheep, cattle, horses, or mules found running at large, or any swine found running at large. The term does not include; but it does not mean nor include any unweaned animal specified in this definition that is running with its mother. Identification means any acceptable method such as microchipping, registration tag, or tattoo readily traceable to the current owner. Identification Tag. means aA tag issued by or on behalf of the City of Lubbock Animal Services by an authorized issuing agent. Identification tags shall only be issued to animals that are currently vaccinated against rabies and shall expire annually or upon expiration of the rabies vaccination whichever occurs first. Identification tags shall be issued annually to all dogs and cats over the age of four (4) months. Impound. means tThe placing of an animal in the city’s animal services facility, or, the taking into custody of an animal for the purposes of transportation to the city’s animal services facility. Inhumane treatment of animals. means aAny treatment of an animal prohibited by any provision of law, including federal, state and local laws, ordinances, or rules. Kennels, commercial., fFor purposes of this chapter only, means any establishment where a person, partnership or corporation keeps dogs or cats primarily for the purpose of breeding, buying, selling, trading, showing, training or boarding such animals. Livestock. means or Iincludes, regardless of age, sex or breed, horses, consisting of all equine species including mules, donkeys, and jackasses; cows, consisting of all bovine species; sheep, consisting of all ovine species; llamas or alpacas; goats, consisting of all caprine species; and pigs, consisting of all swine species. Microchip implant. means aA passive electronic device that is injected into an animal by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal’s owners. The microchip implant shall be supplied with an exterior collar-type tag for purposes of an external means of notifying others that the animal has been implanted with a microchip. Microchip reader. means aAn electronic scanner with an operating frequency that is able to detect a microchip that has been implanted in an animal and display the number of

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the microchip to its operator. The microchip reader shall be of a type that activates and displays the number of a microchip manufactured by multiple vendors. Neutered. means aAny animal, male or female, rendered incapable of breeding or being bred. Owner. means aAny person, partnership, corporation, association or legal entity that harbors, shelters, keeps, controls, manages, possesses, or has whole or part interest in any animal. The occupant, owner or head of household of any premises where an animal remains for seventy-two (72) hours or more shall be rebuttably presumed to be the owner of such animal, unless the animal has been reported to the city enforcement agency as a stray animal. An occupant of any premises on which a dog or cat remains or customarily returns is a person responsible for it under this chapter. If a person under the age of seventeen (17) years owns an animal subject to the provisions of this chapter, the head of the household of which such person under the age of seventeen (17) years is a member shall be the person responsible for the animal under this chapter. Such household head may himself be under the age of seventeen (17) years and therefore subject to prosecution under this chapter. There may be more than one person responsible for an animal. Pet animal. means aAny animal that may be kept as a pet within the City of Lubbock so long as all of the required provisions of this chapter are met, and is not a dangerous wild animal or a wild animal, including but not limited to the following animals: (1) Reptiles: any nonvenomous reptile that is not protected from ownership by any

state or federal law; (2) Birds: any birds commonly kept as pets that are not protected from ownership by

any state or federal law, or any bird kept for falconry purposes by a state and federally permitted falconer;

(3) Fish: any fish commonly kept as pets that are not protected from ownership by

any state or federal law; or (4) Mammals: includes any mammals commonly kept as pets including dogs, cats,

ferrets, rabbits, guinea pigs, hamsters, hedgehogs, rats, mice, chinchillas, and sugar gliders but not limited to these.

Pony ride. means tThe use of any horse, pony, mule, donkey, or burro to provide rides to, or to pull wagons containing, individuals other than the animals’ owners, whether gratuitously or for a fee. Private-owned animal sale. means tThe individual sale of a pet animal by private owners to other private owners that occurs at the residence of either the seller or buyer. Public health administrator. means tThe director of the City of Lubbock Health Department.

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Public nuisance. means tThe conduct of any owner in allowing an animal to: (1) Engage in conduct which establishes such animal as a “dangerous animal”; (2) Damage, soil, defile or defecate on private property other than the owner’s or on

public property, unless such waste is immediately removed and properly disposed of by the owner of the animal;

(3) Be “at large” (excluding sterilized and registered cats that are identified by some

means of traceable identification); (4) Cause a disturbance by excessive barking or noisemaking near the private

residence of another; (5) Produce odors or unclean conditions sufficient to offend a person of normal

sensibilities standing or which creates a condition conducive to the breeding of flies or other pests;

(6) Chase vehicles, or molest, attack or interfere with other animals or persons, or is

at large on public or private property; or (7) Create a condition that is dangerous to human life or health; renders the ground,

the water, the air or the food a hazard or injurious to human life or health or that is offensive to the senses; or that is detrimental to the public health.

(8) Failure to secure and maintain proper fencing which has or may allow the

animal(s) to be “at large.” Quarantine. means tTo take into custody, place in confinement, and isolate from human beings and other animals. The quarantine period for a dog, cat, or a domestic ferret for rabies observation is ten (10) days or 240 hours from the date and time of the bite, scratch or other exposure, or as recommended by the regional veterinarian from the Texas Department of State Health Services. Rabies control authority. means tThe animal services managerdirector of animal services or other designee of the health directorcity manager. Registration. means aA rabies certificate issued by a licensed veterinarian and an identification tag recognized by animal services from an approved issuing agent. Restraint. means tTo control an animal by physical means so that it remains on the premises of the owner, or, when off the owner’s premises, by means of a cage or leash or rope under the direct control of a person of sufficient strength to control the animal. Sterilized. means aAn animal rendered incapable of reproduction by means approved by

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the American Veterinary Medical Association. Tether. means tTo chain, tie, fasten, or otherwise secure an animal to a fixed point so that it can move or range only within certain limits. Traceable identification. means a type of iIdentification, such as aby means of an identification tag ,or microchip, or tattoo, that can be readily used by animal services to identify the current ownership of an animal. Vaccination. means tThe inoculation of an animal with a rabies vaccine that is licensed by the United States Department of Agriculture for use in that species and which is administered according to the label’s directions by a veterinarian for the purpose of immunizing the animal against rabies. Veterinary hospital. means aAny establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. Wildlife educational center. means aAn organization that has met all of the state and federal requirements to possess wildlife for educational purposes. Zoological park. means aAny facility, other than a pet shop, kennel, or wildlife education center, displaying or exhibiting one or more species of nondomesticated animals, and operated by a person, partnership, cooperation, or governmental agency. Sec. 4.01.002 Dogs Animals defecating on public and private property (1a) An owner, harborer, or other person in possession of an animal a dog commits an

offense if he knowingly permits, or by insufficient control allows, the dog animal to defecate in the city on private or public property and fails to remove and dispose of any excreta the dogthe animal deposits.

(2b) An owner, harborer, or other person in possession of an animaldog commits and

offense if he:

(a1) Knowingly permits the dog animal to enter or be present on private property located in a public place; and

(b2) Fails to have in his possession materials or implements that, either alone

or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog animal may deposit on the property.

(3c) It is an affirmative defense to prosecution under subsection (a) or (b) that:

(a1) The property was owned, leased, or controlled by the owner, harborer, or

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person in possession of the dog animal at the time it defecated; (b2) The dog animal was specifically trained to assist a person with a disability

special needs and was in possession of that disabled special needs person at the time it defecated or was otherwise present on the property;

(3c) The owner of the property or person in control of the property had given

prior consent for the dog animal to defecate on the property; or (d4) The dog animal is a police canine being used in official law enforcement

activities. Sec. 4.01.003 Number of dogs and cats at residences; multipet permit (a1) Except as provided by this section, no residence within the city shall harbor more

than four (4) adult dogs and/or four (4) adult cats, over the age of sixteen (16) weeks. No residence within the city shall harbor more than one (1) litter of puppies and/or one (1) litter of kittens.

(2b) Any persons desiring to keep more than four (4) adult dogs, four (4) adult cats, or

more than one (1) litter of puppies or kittens at premises occupied by them may apply with the animal services managerdirector of animal services for a multipet permit. The applicant shall pay an application fee at the time of filing.

(3c) Inspections are required and applicants shall provide the director of animal

services with information concerning the maximum number of animals to be kept at any one time at such premises and other pertinent information as required by Animal Services. Animal Services shall conduct a record search for the premise and applicant prior to the inspection. If the record search indicates that enforcement action for violations of chapter 4 of the Code of Ordinancesthis chapter dealing with nuisances has been necessary within the preceding twenty-four (24) months, a permit may, at the discretion of the director of animal services, be issued only after the premise inspection determines that compliance with the animal services regulations. A permit shall not be issued if it is found that the animals cannot be maintained without creating noise or odor nuisances otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment. Applicants and persons with approved permits, must consent to property inspections.

(1) No inspection required. If an applicant provides the animal services manager with

information concerning the maximum number of animals to be kept at any one time at such premises and record search indicates that no enforcement action for violation of chapter 4 of the Code of Ordinances dealing with nuisances has been necessary during the preceding twenty-four (24) months, a permit may be issued

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by mail without prior inspection. (2) Inspection required. If an applicant provides the animal services manager with

information concerning the maximum number of animals to be kept at any one time at such premises and a record search indicates that enforcement action for violations of chapter 4 of the Code of Ordinances dealing with nuisances has been necessary within the preceding twenty-four (24) months, a permit may be issued after an inspection of the premises to determine compliance with the animal services regulations. A permit shall not be issued if it is found that the animals cannot be maintained without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.

(4d) Such permit may be revoked by the animal services managerdirector of animal

services for cause, including, but not limited to, violations of the provisions of chapter 4 of the Code of Ordinances this chapter, chapter 40 of the Code of Ordinances, or the inability of the permit holder to keep the animals without creating noise or odor nuisances, otherwise being detrimental to the public health, safety and welfare, or in a healthy or sanitary environment.

(5e) All multipet permits issued under this section shall be valid indefinitelyfor a

period up to two (2) years, unless the animal services managerdirector of animal services revokes the permit. Regardless of initial application and permit approval date, each permit shall expire on March 31 of the second year following approval. When issued, the permit shall remain the sole property of the city and shall be valid only as to the applicant, and location, and number and type of animals for which it was originally issued. The permit may not be sold or transferred, voluntarily or involuntarily, to any other person or entity. Thirty (30) days prior to expiration of the multipet permit, persons desiring to keep more than four (4) adult dogs, four (4) adult cats, or more than one (1) litter of puppies or kittens may apply to renew the multipet permit. The applicant shall pay a permit fee at the time of filing the renewal application.

(6f) Any person either denied a multipet permit, or who has had their permit revoked,

may file an appeal with the permit and appeals board. Such appeal must be made in writing within ten (10) days of receiving written notice from the animal services managerdirector of animal services of the permit denial or revocation. If no appeal request [is made] within the ten-day period, the denial or revocation of the permit becomes final. Upon receiving an appeal, the permit and appeals board shall hold a hearing at a time and place of their designation. Based upon the recorded evidence of such hearing, the permit and appeals board shall make a final finding.

Sec. 4.01.004 Feral cat management

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(1a) The animal services managerdirector of animal services is responsible for

maintaining the registry of approved registered colony locations. The animal services manager will assist registered caregivers in the management of registered feral colonies.

(2b) A feral cat colony can be registered when the animal services managerdirector of

animal services determines that a volunteer caregiver(s) can meet the following minimum requirements:

(1a) Regular Daily feeding will be maintained throughout the year. (b2) Adult cats and kittens 8 weeks of age will be neutered and vaccinated. (c3) Every attemptKittens eight (8) weeks of age will be made to removed

kittens from the colony before 8 weeks of age for domestication and placement.

(d4) Stray cats will be released or placed into the custody of animal services. (e5) Sick or injured cats will be removed from the colony for immediate

veterinary care or humane euthanasia. (f6) Cats will be earmarked and microchipped for recognition as members of a

registered feral cat colony. (g7) Responsibility for managed feral cat colonies can be transferred to another

feral cat caregiver with the animal services managerdirector of animal services’s approval only.

(h8) Location of a feral cat colony requires the approval of the property owner

or owners and the animal services managerdirector of animal services. (i9) Relocation of a feral cat colony requires the approval of property owners

and the animal services manager.Feral cat colonies may not be relocated. If the caregiver ceases responsibility, the caregiver must immediately notify Animal Services.

(j10) Cat caretaker assumes all responsibility of humane trapping, maintenance,

and management of their approved registered colony. (k11) Records of sterilization, vaccination, microchipping, and animal

identification will be provided to animal services upon request. (3)c) The animal services managerdirector of animal services is authorized to issue

citations, revoke registered cat colony permission, or issue citations to a feral cat

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caregiver or obtain a search and seizure warrant if there is probable cause to believe any requirement of this section is violated.

Sec. 4.01.005 Private animal sales No owner or person shall display for commercial purpose, offer, sell, trade, barter, lease, rent, or give away any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market. This provision does not prohibit the sale or purchase of animals from a person’s private residence.

ARTICLE 4.02 ADMINISTRATION AND ENFORCEMENT

Division 1. Generally Sec. 4.02.001 Office of animal services managerdirector of animal services

established; duties; enforcement (a1) Establishment of office of animal services managerdirector of animal services.

(1a) There shall be and is hereby created the office of animal services managerdirector of animal services.

(b2) The animal services managerdirector of animal services shall act as the

local rabies control authority for the purpose of enforcing animal health and control laws of the State of Texas.

(c3) The city may employ animal control officers to assist the animal services

managerdirector of animal services in the carrying out of specified duties. (b2) It shall be the duty of the animal services managerdirector of animal services and

designated representatives to:

(1a) Administer and enforce all state and federal laws pertaining to animals which authorize the local rabies control authority or animal control officers to enforce the same;

(b2) Administer and enforce the animal ordinances of the city when a nuisance

or health problem is caused by one (1) or more animals; (c3) Supervise the animal services operations of the city; and (d4) Aid the department of state health services in the enforcement of area

quarantines.

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(3c) The animal services managerdirector of animal services and any animal control

officer of the city shall have the authority to issue citations for any violation of this chapter and any other power or duty stated within the terms of this chapter. If the person being cited is not present, the animal control officer may send the citation to the alleged offender by registered or certified mail, return receipt requested, by depositing the same in the U.S. mail, postage prepaid.verify occupant information and leave a citation on the door and /or send the citation by regular mail. A citation that is mailed is deemed received five (5) calendar days after it is placed in the mail receptacle of the United States Postal Service.

(4d) It shall be unlawful for any person to knowingly prevent, interfere with, or

obstruct the animal services managerdirector of animal services or an animal control officer in the performance of their duties. It shall be unlawful for any person to fail to comply with any lawful order of the local rabies control authority officer or any animal control officer of the city.

(5e) The local rabies control authority officer, any animal control officer, or any peace

officer is authorized to, including but not limited to:

(1a) Humanely euthanize an animal which poses an imminent danger to a person or property or when a real or apparent immediate necessity exists for the destruction of an animal.

(b2) Impound an animal which is diseased or endangers the health of a person

or another animal. (c3) Impound any animal found to be running at large within the city. (d4) Humanely euthanize an impounded animal if the animal is suffering from

injury, disease, or illness. (e5) Humanely euthanize any animal suspected of having rabies, or which

animal manifests a disposition to bite, when such animal(s) is found at large after having made a reasonable, but unsuccessful, effort to capture the animal.

(f6) Humanely euthanize any impounded, dangerous animal immediately upon

impoundment, unless there is reason to believe that it has an owner. (g7) Humanely euthanize any wild animal immediately upon impoundment, so

long as such act does not violate state of federal laws. (h8) Humanely euthanize any nursing baby animal impounded without the

mother, or where the mother cannot or refuses to provide nutritious milk, to prevent further suffering.

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(i9) Humanely euthanize an animal when an owner no longer wishes

responsibility for an animal or believes the animal to be in an ill or injured condition upon the owner signing a waiver, supplied by the animal shelter, allowing the animal to be immediately euthanized.

(j10) Humanely euthanize or transfer to a humane organization any impounded

animal that is to be destroyed as a result of the animal being impounded for more than seventy-two (72) hours.

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(6f) In any complaint and in action or proceeding brought for the enforcement of any

provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter; and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the owner or defendant as an affirmative defense.

(7g) The city shall be entitled to pursue all other criminal and civil remedies to which it

is entitled under the authority of federal, state or local law. (8h) No person shall interfere in any manner or give false information to the local rabies

control authority, local health director, the animal control officers and other authorized employees of the city in the performance of their duties.

Sec. 4.02.003002 Penalties Any animal that is found to be in violation of this chapter may be impounded by the city enforcement agent. Additionally, any person or owner who violates or fails to comply with any portion of this chapter may receive a citation from the city enforcement agent and shall be deemed guilty of a class C misdemeanor for each animal in violation. Each day of violation of this chapter shall constitute a separate offense. Sec. 4.02.004003 Abatement and imminent threat; right of entry; search warrants (a1) Animal control officers or other law enforcement officers shall have the power to

impound animals which create an animal nuisance per se for the purpose of abating a nuisance and in cases

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where animal control officers have reason to believe an animal has been or is being

cruelly treated, has rabies or exhibits other violations of law as follows:

(1a) On public property, in all cases; (b2) On private property, if:

(iA) The consent of the resident or property owner is obtained; (Bii) The officer reasonably believes there is immediate and imminent

danger or peril to the public if the animal in question is not impounded; or

(iiiC) Authorized by appropriate courts of law.

(c3) The officer has the right to pursue and apprehend animals running at large

onto private property while enforcing the provisions of this chapter. (b2) Any animal observed by the city enforcement agent or peace officer to be in

immediate danger, in the agent’s or officer’s opinion, may be removed from such situation by the quickest and most reasonable means available. It shall be the responsibility of the animal’s owner to repair any damage caused by the removal of the animal from the dangerous situation by the city enforcement agent or peace officer.

(3c) The health director, animal services managerdirector of animal services, or

assigned designee may order the abatement of the conditions which are not in accordance with this section, other applicable state or federal regulations or laws, or which otherwise constitute a nuisance. Failure to comply with the written notice constitutes grounds for the city to obtain any relief available to it by law, including, but not limited to, relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges.

Sec. 4.02.005004 Filing of false claims or reports (a1) A person commits an offense if he knowingly initiates, communicates, or

circulates a claim of ownership for an animal with the city enforcement agent that he knows is false or baseless.

(2b) A person commits an offense if he knowingly initiates, communicates, or

circulates a report of a violation of city ordinance or state or federal law to the city enforcement agent that he knows is false or baseless.

Sec. 4.02.006005 Impoundment and redemption

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(1a) Impoundment.

(a1) It is the duty of the enforcement agent to capture and impound such animals as are running at large or which are required to be impounded pursuant to other laws or

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ordinances or to protect public safety. Any officer or citizen of the city is

authorized to take up and deliver in a humane manner to the animal services facility any animal that may be found running at large in the city.

(b2) The city enforcement agent shall impound and quarantine all dogs, cats

and other animals exposed to, suspected to be exposed to, or infected with rabies, whether the dog, cat or other animal to be impounded is at large, on a leash, or confined to its owner’s premises or whether it is currently vaccinated. Any animal which a licensed veterinarian suspects of having rabies shall be humanely euthanized. Any animal exposed to a rabid animal shall be humanely euthanized or quarantined at the owner’s expense for a period mandated by the Texas Department of State Health Services Zoonosis Control Division, not less than ten (10) days and 240 hours from the date of last known exposure.

(3c) The city enforcement agent shall impound an animal at the request of a

peace officer when the owner of the animal has been arrested, hospitalized, is missing, or has died, and there is no person present, eighteen (18) years of age or older, who will assume the legal responsibility of providing food, water and shelter for such animal.

(b2) Identification of impounded animals.

(1a) The city enforcement agent, or his deputies, upon receiving an animal for impoundment, shall make a complete registry, including the species, breed, color and sex of such animal, whether it has traceable identification, and the time and place of taking custody. If the animal has traceable identification, he shall enter the name and address of the veterinary clinic, year, the number of the registration tag, and any other pertinent information. When kennel space allows, animals with traceable identification shall be kept separate from animals that do not have identification. All animals impounded shall be scanned with a microchip reader.

(b2) If, by registration tag, the owner of an impounded animal can be

identified, the city enforcement agent shall, as soon as possible, notify the owner by telephone or mail; however it is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.

(c3) Impounded animals with no means of traceable identification shall be kept

for not less than three (3) days, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.

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(d4) Animals with any type of traceable identification shall be kept for not less

than ten (10) days, or not less than three (3) days from the time the owner is notified of their animal being impounded, whichever is the shorter time period, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter. If an animal has a tag that does not list the owner’s phone number or address, and the person or business that is in possession of the owner’s contact information will not release it to the city enforcement agency, then for the purposes of this section it shall be the responsibility of that person or business to notify the owner of the animal being impounded, and the animal shall be held for three (3) days

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after the city enforcement agent contacts the person or business in possession of

the owner’s contact information. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.

(c3) Retention of impounded animals.

(1a) An animal impounded at the request of a peace officer as required by this chapter shall be kept for not less than ten (10) days unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim such pets.

(2b) An impoundment period is not required for an animal voluntarily released

to the city enforcement agent by its owner. (4d) Redemption of impounded animals.

(1a) Any owner of an animal that has been impounded under this chapter who wishes to have it returned to him shall personally visit the animal services facility where it is impounded. The city enforcement agent shall return the animal if the owner can provide sufficient proof of being the animal’s owner and if such release will not impair the safety of the public or the animal. The owner of the animal must pay any and all fees set forth herein and must agree to abide by all of the requirements of this chapter before the animal is returned. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.

(b2) If an animal that requires a permit or registration is impounded by the city

enforcement agent for violating this chapter and the owner cannot prove that he is in possession of all required permit(s) or registration(s), the owner must meet all requirements of the required permit(s) or registration(s) and must purchase said permit(s) or registration(s) before the animal may be released from the animal services facility.

(c3) If an animal that requires a rabies vaccination is impounded by the city

enforcement agent for violating this chapter and the owner cannot prove that the animal has a current rabies vaccination, a citation for failing to vaccinate will be issued. The owner shall then have five (5) days to provide proof of obtaining a current rabies vaccination to the city enforcement agent or else he shall be cited again for violation of this chapter. Each subsequent day that passes after the five-day period shall be considered a separate offense. For the purposes of this section, a rabies tag

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alone is not sufficient proof of an animal’s current rabies vaccination. (d4) If an animal is impounded by the city enforcement agent for violating this

chapter and the owner cannot prove that the animal has been previously microchipped, the owner must purchase a microchip before the animal may be released from the animal services facility. The identification number provided by the microchip shall be maintained on file at the animal services center or with a nationally recognized registry, for future identification purposes.

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(e5) The director of animal services, or his designee, may refuse to release an

impounded animal until such time that the animal owner can provide sufficient proof that the property in which the animal is to be returned has a secure and properly maintained fence or other enclosure to prevent the animal from being at large.

(556) Impoundment after second offense.

(a) If an animal that is not sterilized is impounded by the city enforcement agent for violating this chapter on two (2) separate occasions within a 12 month rolling periond, the owner shall have the animal sterilized on or before thirty (30) days from the date of release of the animal to the owner.

(b) The owner shall submit documentation to the animal services

managerdirector of animal services evidencing the completion of the sterilization. If, in the opinion of a licensed veterinarian, there is a legitimate health risk justifying the delay of this surgery, the owner shall sign a written agreement stating that they will have the animal sterilized within thirty (30) days after the animal is declared fit for sterilization and submit documentation evidencing the completion of the sterilization to the animal services managerdirector of animal services. A person who fails to sterilize an animal in accordance with this section commits an offense.

(c) For the purposes of this section, a legitimate health risk cannot be based

solely on the animal’s age. If the animal dies on or before the sterilization completion date, the owner must provide written documentation to the animal services managerdirector of animal services that the animal has died. If the animal is lost or stolen before the sterilization date, the owner must provide written documentation to the animal services managerdirector of animal services stating that the animal is lost or stolen and a police report verifying the report of theft. The letter shall be delivered not later than the seventh day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.

Sec. 4.02.007006 Disposition of impounded animals (1a) The animal services managerdirector of animal services may dispose of

impounded animals after the expiration of any required impoundment period by any of the following methods:

(1a) Adoption.

(Ai) The city enforcement agent shall be authorized to place for

adoption dogs or cats impounded by the city under the following

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conditions:

(i1) The city enforcement agent shall determine whether a dog or cat is healthy enough for adoption and if its health and age are adequate for vaccination. However, such decision shall not constitute a warranty of the health or age of the animal.

(ii2) There will be an adoption fee for all dogs and cats at an

amount set by resolution of the city council. The fee will include the cost of sterilization, vaccination, implantation of a microchip, and licensing.

(iii3) All animals adopted from the animal services facility shall

be implanted with a microchip, vaccinated against rabies, and sterilized. The adopting person shall have the animal sterilized on or before thirty (30) days from the date of adoption. The adopting person shall submit documentation to the animal services managerdirector of animal services evidencing the completion of the sterilization. If, in the opinion of a licensed veterinarian, there is a legitimate health risk justifying the delay of this surgery, the person adopting the animal shall sign a written agreement stating that they will have the animal sterilized within thirty (30) days after the animal is declared fit for sterilization and submit documentation evidencing the completion of the sterilization to the animal services managerdirector of animal services. A person who fails to sterilize an animal in accordance with this section commits an offense. For the purposes of this section, a legitimate health risk cannot be based solely on the animal’s age.

(Bii) If an adopted animal dies on or before the sterilization completion

date, the adopting person must provide written documentation to the animal services managerdirector of animal services that the animal has died.

(Ciii) If an adopted animal is lost or stolen before the sterilization date,

the adopting person must provide written documentation to the animal services managerdirector of animal services stating that the animal is lost or stolen and a police report verifying the report of theft. The letter shall be delivered not later than the seventh day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.

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(ivD) The city enforcement agent may reclaim an adopted animal if the animal services managerdirector of animal services has not received confirmation of the sterilization as required.

(2b) The city enforcement agent may offer the animal to an animal welfare

group that has a signed transfer agreement for dogs and cats on file with the city enforcement agency provided that the group sterilizes and microchips the animal prior to placing it into an adoptive home.

(3c) The city enforcement agent may temporarily place the animal in a foster

home that has a signed foster agreement for dogs and cats on file with the city enforcement agency.

(4d) The city enforcement agent may humanely euthanize the animal by

methods approved by the American Veterinary Medical Association or the Texas Department of State Health Services.

(b2) The choice of which of these options to use shall be made at the sole discretion of

the city enforcement agent unless otherwise mandated by a court order. (c3) Any impounded registered or unregistered animal which appears to be suffering

from serious injury or disease and which is in great pain and suffering and probably will not recover or which appears to have an infectious disease which is a danger to humans or to other animals in the opinion of the animal services managerdirector of animal services or which, due to its extremely violent nature, poses a substantial risk of bodily harm to the safety of animal services staff, may be humanely euthanized at any time during its holding period by the city enforcement agent. In the event such an animal is wearing an identification tag on its collar or harness, the city enforcement agent shall attempt to notify the owner by telephone before taking action.

(d4) It shall be an affirmative defense to prosecution of the owner if he or she can

show that, at the time of its impoundment, the animal that was at large due to a major natural disaster, fire, criminal or negligent acts of a third party who was not residing at the animal owner’s residence. In such event, the owner shall only be subject only to the provisions of this chapter that require a current rabies vaccination and city registration. An owner’s claim of a fire or the criminal or negligent acts of a third party must be proven in one (1) or more of the following manners:

(1a) A certified copy of a city police or fire report verifying the incident; or (2b) The affidavit of city police or fire personnel with direct knowledge of the

incident. (e5) It shall be unlawful for a person to fail or refuse to deliver an unregistered or

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unvaccinated animal to a city enforcement agent or police officer upon demand for impounding.

Sec. 4.02.008007 Donations fund established The city shall create a special revenue fund, labeled “Donations Fund,” for animal services purposes to account for the collection and spending of donations to the city. This fund will provide an accurate accounting of the sources and uses of these monies to demonstrate, to the donor, that the funds are used for their intended purposes. Expenditures of these monies will require city council approval through the normal budgeting process. Sec. 4.02.009 Unabated nuisances (1a) A “continuing public nuisance” is defined as a public nuisance that, after notice as

described in subsection (c) to the owner of an animal(s) or person in control of an animal(s), continues unabated, as determined by the animal services managerdirector of animal services.

(2b) The animal services managerdirector of animal services may determine that a

public nuisance exists through an investigation of any reported or perceived public nuisance, and may interview witnesses and/or conduct such hearings as he may determine are necessary, formally or informally. He shall make a determination based on the necessity to preserve the public health, safety and welfare of the community.

(c3) Upon such determination, the animal services managerdirector of animal services

shall notify the animal owner or the person in control of the animal(s). This notice shall be in writing and shall contain a statement that such person has a right to appeal. The notice shall set forth the noncompliance and order the owner to abate the public nuisance described in such notice within seven (7) days. Notice of a public nuisance shall include, but not be limited to, written notice of the existence of a public nuisance delivered by personal service, certified mail, return receipt requested, or left at the entrance to the premises where the animal(s) is harbored. A notice that is mailed is deemed received five (5) days after it is placed in a mail receptacle of the United States Postal Service.

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(4d) If such owner fails or refuses to comply with the demand for compliance in the

notice within seven (7) days of such notice or publication, the animal services managerdirector of animal services may order the abatement of the public nuisance by one of the following means:

(1a) Impoundment of the animal(s) that is the source of the continuing public

nuisance and the adoption of the animal(s) as provided in this chapter, except that the owner, his agents or representatives, or family members may not adopt the animal(s) adjudged a continuing public nuisance;

(b2) Impoundment and humane destruction of the animal(s) that is the source

of the continuing public nuisance; or (c3) Exclusion from the city limits of Lubbock an animal(s) determined to be a

continuing public nuisance. (e5) An owner or person in control of the animal(s), not later than seven (7) days after

the date such person is notified that an animal is a continuing public nuisance, may appeal the determination of the animal services managerdirector of animal services to the permit and appeals board. Upon receiving an appeal, the permit and appeals board shall hold a hearing at a time and place of their designation. Based upon the recorded evidence of such hearing, the permit and appeals board shall make a final finding.

(6f) The owner or person in control of the animal(s) determined to be a continuing

public nuisance shall remove such animal(s) from the city within forty-eight (48) hours of an unsuccessful appeal. The failure to remove such animal(s) shall be an offense and each day thereafter that such person fails to remove such animal(s) shall constitute a separate offense. If the owner or person in control of such animal(s) fails to remove such animal(s) as provided for by the order of the animal services managerdirector of animal services or the court, such animal(s) may be impounded and put up for adoption in accordance with subsection (d) of this section or humanely destroyed.

(7g) The owner or person in control of such animal(s) must report the disposition and

exact address or relocation of such animal(s) to the animal services managerdirector of animal services in writing within ten (10) days after the expiration date for removal of such animal(s) from the city. Each day thereafter that such information is not provided shall constitute a separate offense.

(8h) The animal services managerdirector of animal services shall be authorized, after

due process, to obtain a search and seizure warrant for the purposes of enforcing this section.

Secs. 4.02.010009–4.02.040 Reserved

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Division 2. Fees and Additional Services

Sec. 4.02.041 Fees for registrations, permits, impoundment, and adoption

(1a) The cost of registrations and permits shall be set by the current fiscal budget of the City of Lubbock. If no fee is established by budget ordinance, the following minimum fees will applyas follows and from this date on will be reviewed and revised, if necessary, pursuant to section 1.03.004 of the City of Lubbock’s Code of Ordinances:

(a1) Dog and cat registration, annual: Five Dollars ($5.00). This fee shall be

waived if the owner of the animal is eligible for Social Security eligible disabled, has special needs, sixty-five (65) years of age or older, or provides proof of receiving financial assistance from the government due to the owner being considered low-income. This fee shall also be waived for animals that are used by law enforcement agencies and for assistance animals.

(b2) Dangerous animal permit: One Hundred Dollars ($100.00). (c3) Dangerous wild animal permit, annual: One Hundred Dollars ($100.00). (d4) Euthanasia fee for city residents: Ten Dollars ($10.00). This fee for city

residents shall be waived if the owner of the animal is eligible for Social Security eligible,, disabledhas special needs, sixty-five (65) years of age, or older or provides proof of receiving financial assistance from the government due to the owner being considered low-income. This fee shall also be waived for animals that are used by law enforcement agencies and for assistance animals.

(e5) Euthanasia fee for non-city residents: Twenty Dollars ($20.00). (f6) Animal establishment, pet shop, or animal dealer permit, annual: One

Hundred Dollars ($100.00). (g7) Pet grooming facility permit: Thirty-five Dollars ($35.00). (h8) Multi-pet permit application fee: No charge Twenty-five Dollars ($25.00). (i9) Wildlife educational center permit, annual: No charge. (j10) Duplicate registration: Two Dollars ($2.00).

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(2b) The cost of reclaiming animals from the city animal services facility shall be set by the current fiscal budget of the City of Lubbock. If no fee is established by budget ordinance, the following minimum fees will apply:as follows:

(1a) Impoundment (per animal): Fifty Dollars ($50.00). This fee will be waived

two (2) times in a 12 month rolling period if the impounded animal is sterilized, has a current rabies vaccination certificate, and is identified by some means of traceable identification.

(b2) Boarding fee (daily for all or part of any one day): Seven Dollars ($7.00). (c3) Microchipping fee: Ten Dollars ($10.00). (d4) Rabies vaccination fee: Ten Dollars ($10.00). (e5) Rabies quarantine fee (includes boarding fee, veterinarian health check,

rabies vaccination, testing fees, tag and microchip): One Hundred Dollars ($100.00).

(f6) Small animals (sheep, goats, etc.):

(Ai) Capture and impoundment, per head: Twenty-five Dollars

($25.00). (iiB) Boarding, per head per day: Seven Dollars ($7.00).

(g7) Large animals (cattle, horses, etc.):

(iA) Capture and impoundment, per head: Forty-five Dollars ($45.00). (Bii) Boarding fee, per head per day: Fifteen Dollars ($15.00).

(3c) The cost of adopting an animal from the city animal services facility shall be set

by the current fiscal budget of the City of Lubbock. If no fee is established by budget ordinance, the following minimum fees will applyas follows:

(1a) Dogs, cats, ferrets, reptiles, birds and others: Sixty Dollars ($60.00).

(d4) The cost of releasing animals to animal services by agencies or individuals

residing outside of Lubbock city limits shall be as follows:

(1a) Non-resident release fee: Twenty Dollars ($20.00). (5e) The health director or animal services managerdirector of animal services shall

have the authority to refund, reduce, or waive fees under this chapter, if, in his determination, that such refund, reduction or waiver of fees is in the public

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interest of the City of Lubbock. Any refund or waiver of fees shall be documented. The animal services managerdirector of animal services shall have the authority to waive or reduce such fees in cases of special pet adoption promotions.

(6f) Citations may be issued for failure to pay applicable fees. Sec. 4.02.042 Animal assistance program (a1) Identification fees established in this chapter shall be used for the purpose of

sterilizing dogs and cats in accordance with this section, to promote the sterilization program, other medical assistance as needed, and for administrative costs related to the animal assistance program.

(2b) The department shall use the animal assistance program to establish and

implement an animal population control program pursuant to this statute. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them sterilized, thereby reducing potential threats to public health and safety.

(3c) Any resident of the City of Lubbock, who owns a dog or cat and who is eligible to

receive any type of financial assistance from the government due to the owner’s lack of income may participate. The City reserves the right to limit the number of certificates issued to a person or family.

(4d) The animal services managerdirector of animal services, with permission from the

public health directorcity manager or his designee, may allow members of the general public to participate in this program for limited times or for special promotions. The program’s first priority shall always be to assist low-income pet owners.

(5e) It shall be a violation of this section for any person to knowingly falsify proof of

eligibility for, or participate in, any program under this chapter, or to furnish any licensed veterinarian with inaccurate information concerning the ownership of an animal submitted for a sterilization procedure, or to furnish the city enforcement agent with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to this section, or to otherwise violate any provision of this section.

(6f) The animal services managerdirector of animal services, with the approval of the

public health directorcity manager or his designee, shall adopt rules relative to the format and content of all forms required under this chapter, proof of eligibility, administration of the program, and any other matter necessary for the administration of this program.

Sec. 4.02.043 Veterinarian participation

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(1a) Any veterinarian Veterinarians licensed in this state, who participate in the

issuance of city registration and identification tags, may participate in any programsthe animal assistance program established under this chapter or by animal services. Only chemical or surgical procedures approved by the American Veterinary Medical Association may be employed for sterilization.

(2b) Veterinarians who choose to participate in any the animal assistance program

shall, at a minimum, sterilize, and provide an antirabies vaccination, registration and identification tag for each animal. The city shall reimburse participating veterinarians in accordance with reimbursement rates stated on the preapproved animal assistance certificate, to the extent funds are available, for each rabies vaccination and animal sterilization procedure performed. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal and any other documentation deemed necessary by the animal services managerdirector of animal services in accordance with this chapter.

(3c) Any veterinarian licensed in this state may participate in all other programs

established under this chapter or by animal services. Only chemical or surgical procedures approved by the American Veterinary Medical Association may be employed for sterilization.

(4d) Veterinarians who choose to participate in all other programs shall, at a minimum,

sterilize and provide an antirabies vaccination for each animal. The city shall reimburse participating veterinarians, to the extent funds are available, for each rabies vaccination and animal sterilization procedure performed. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal and any other documentation deemed necessary by the director of animal services in accordance with this chapter.

Sec. 4.02.044 Veterinarians required to report It shall be the duty of every licensed veterinarian to report to the animal services department their diagnosis of any animal observed as a rabies suspect. Any licensed veterinarian who diagnoses, examines, or treats any animal diagnosed to have, or suspected to have, anthrax, avian influenza, brucellosis, campylobacteriosis, Escherichia coli 0157:H7, hantavirus, Lyme disease, monkeypox, plague, Q-fever, rabies, Rocky Mountain spotted fever, salmonellosis, tularemia, West Nile or any other zoonotic encephalitis, or other unusual zoonotic diseases transmissible to humans, shall immediately report their findings to the City of Lubbock health department’s health director or City of Lubbock Health Department surveillance manager.

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ARTICLE 4.03 RABIES AND ZOONOSIS CONTROL Sec. 4.03.001 State regulations adopted The City of Lubbock hereby adopts by reference the Texas State Rabies Control Act, as amended, and the standards established by the appropriate state agency or rulemaking board as minimum standards for rabies control and quarantine provisions within the City of Lubbock. In addition

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thereto, all of the rabies control provisions of this chapter, which are adopted pursuant to the Texas Health and Safety Code, shall have application in the City of Lubbock. Sec. 4.03.002 Report of bite cases (1a) It shall be the duty of every physician or other practitioner to report to the animal

services department the names and addresses of persons treated for bites inflicted by a mammal, together with such other information as will be helpful in rabies control.

(2b) It shall be the duty of every person owning or having custody of a mammal,

which has bitten a human being, to report the same to the animal services department.

Sec. 4.03.003 Quarantine (1a) A person commits an offense if the person fails or refuses to quarantine or present

for quarantine or testing an animal that is suspected of being involved in a bite. All suspected bit animals must be quarantined in a manner and location approved by the director of animal services. A person may be issued a citation for noncompliance or violating this provision each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. The animal services managerdirector of animal services shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirement of this section is violated.

(2b) Should a potential outbreak of rabies within the city be suspected and the danger

to the public safety from rabid animals be reasonably imminent, the health directordirector of animal services is hereby authorized to issue a quarantine proclamation, ordering persons owning, keeping, or harboring dogs, cats or other mammals to muzzle the same or confine them for such time as may be specified in such quarantine proclamation. Upon the publication of such proclamation by local newspapers, persons owning or harboring such animals shall confine them to premises unless they are effectively muzzled and under the control of an adult person by leash, cord, chain, or rope. Animals found at large in violation of this subsection may be destroyed by an officer of the city if such officer is unable with reasonable effort to apprehend such animals for impoundment.

Sec. 4.03.004 Identification/registration tag and/or microchip requiredRegistration and traceable identification required (1a) It is a violation of this chapter if any person owning, keeping, harboring or having

custody of a dog or cat over the age of four (4) months within the City of Lubbock does not register such animal as provided herein. Police dogs or assistance animals shall be exempt from the identification/registration and

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identification tag fee; however, they must be in compliance with all other provisions of this chapter. This section does not apply to animals temporarily within the city for a period not to exceed fourteen (14) days.

(2b) The animal services managerdirector of animal services is hereby authorized to

appoint issuing agents as his deputies for the limited purpose of issuing pet animal identification/registration and identification tags. Identification/registration tags shall be on forms and tags furnished by the animal services managerdirector of animal services and shall be issued subject to the provisions of this chapter and any other rules, regulations or ordinances relating to the issuance of such tags.

(3c) An issuing agent may not issue an animal identification/registration and

identification tag [for a dog or cat] that is not currently vaccinated against rabies. (4d) Each issuing agent shall report record and maintain access to the unique

identification/registration and identification tag number issued. The issuing agent shall to the animal services manager within thirty (30) days and shall remit all identification/registration and identification tag fees and information collected at least once monthly.

(5e) All dogs and cats four (4) months of age or older must wear traceable

identification. (6f) Any owner who fails to obtain a current city animal registration shall be deemed

guilty of a misdemeanor. (7g) No person may use a city identification/registration and identification tag or

rabies certificate on an animal other than for which it was issued. (8h) Identification/rRegistration and identification tags must be renewed annually. No

refunds shall be made on any city identification/registration and identification tag fee. A duplicate identification/registration and identification tag may be obtained upon payment of the fee established by this chapter.

(9i) Rabies vaccination certificates will be valid for either one (1) year or three (3)

years from the date of vaccination as determined by the type of vaccine administered by the veterinarian.

Sec. 4.03.005 Confidentiality of certain information in dog and cat registry The city shall comply with all state laws regarding the confidentiality of information in the dog and cat registry. Sec. 4.03.006 Rabies clinics

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The city enforcement agent may sponsor rabies vaccination clinics. In response to a rabies outbreak or some other public health threat, the animal services managerdirector of animal services or public health directorcity manager or his designee may authorize rabies vaccination clinics in the interest of protecting public health. Rabies clinics shall be offered only if all veterinarians in the city are notified and given an opportunity to participate. In the event that no veterinarian desires to participate in a clinic in an area of the city where the animal services managerdirector of animal services deems it to be in the public interest to conduct such a clinic, then the city may sponsor such a clinic.

ARTICLE 4.04 CARE AND TREATMENT Sec. 4.04.001 Inhumane treatment of animals (3a) The city enforcement agent shall utilize the authority granted by federal, state and

local laws to lawfully seize and impound any animal if the investigating city enforcement agent or police officer has reason to believe that an animal has been or is being cruelly treated, pending a hearing before any justice of the peace or any municipal court judge on the issues of cruelty and disposition of the animal. Seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life or well-being of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention.

(2b) Animals shall be cared for, treated, maintained, and transported in a humane

manner and not in violation of any provision of law, including federal, state, and local laws, ordinances, and administrative rules.

(1c) In addition, a person commits an offense if:

(1a) A person other than a licensed veterinarian docks an animal’s tail or removes dew claws of a puppy over five (5) days of age, or crops an animal’s ears of any age;

(b2) A person physically removes from its mother by selling, giving away,

delivering, trading, or bartering any dog, cat, ferret, or rabbit less than six (6) weeks old or any other animal that is not yet weaned, except as advised by a licensed veterinarian;

(c3) A person dyes or colors chicks, ducks or rabbits; (d4) A person sells, gives away, delivers, trades or barters chickens or ducks

for the purposes of prizes or other satisfaction for participating in a carnival, circus, amusement or any and all other types of game;

(e5) A person abandons or dumps any animal;

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(f6) A person who is in control of a motor vehicle that strikes a domestic

animal fails to report the accident to the city animal services facility as soon as possible;

(g7) A person overdrives, overloads, drives when overloaded, or overworks

any animal; (h8) A person tortures, cruelly beats, mutilates, clubs, shoots or attempts to

shoot with any air rifle, bow and arrow, slingshot, or firearm, or by any other means needlessly kills or injures any animal, wild or owned, within the limits of the city;

(i9) A person carries or transports an animal in any vehicle or conveyance in a

cruel, inhumane, or unsafe manner or fails to effectively restrain such animal so as to prevent the animal from leaving or being accidentally thrown from the vehicle during normal operation of the vehicle or fails to restrain the animal so as to prevent infliction of bodily harm to passersby;

(j10) A person forces, allows, or permits any animal to remain in its own filth; (k11) A person keeps, shelters, or harbors any animal having a potentially life-

threatening infestation of ticks, fleas, or other parasites, any other obvious life-threatening illness, or injury, or any other communicable illness transmissible to animal or human, without having sought and obtained proper treatment from a licensed veterinarian for such infestation or illness;

(l12) A person causes an animal to fight another animal or person; (m13) A person fails to provide, at all times, his animal with adequate

wholesome food and potable water, proper shelter and protection from inclement weather, and veterinary care when needed to prevent suffering;

(n14) A person, firm or corporation shall raise or kill a dog or cat for the skin or

fur; (o15) A person, firm or corporation shall mutilate any animal, whether such

animal is dead or alive (medical or veterinary medical research, medical or veterinary medical necropsy, and biology class use of animals shall not be considered mutilation);

(p16) A person, firm or corporation attaches a collar or harness to an animal that

is of an inadequate size so that it restricts the animal’s growth or causes damage to the animal’s skin;

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(q17) A person shall engage or allow another to engage in any sexual act with an animal;

(r18) A person allows a stray animal to remain on their property without

notifying the city animal services facility of such fact within twenty-four (24) hours;

(s19) A person who owns or is in control of an animal permits such animal to be

at large within the City of Lubbock; (t20) A person breeds or causes to be bred any animal within the public view; (u21) A person creates, maintains, permits or causes a public nuisance, as

defined in this chapter; or (v22) A person owns, keeps, harbors, or possesses horses, cattle, or other

livestock in any manner that is a violation of this chapter. (23) A person creates, maintains, permits, or causes a public nuisance, as

defined in this chapter.

(4d) This section shall not be interpreted to restrict the extermination of rats, mice, insects, other vermin, or any such animal deemed a nuisance by state law, through the use of traps, poisons, or other commercially available means when used in accordance with the manufacturer’s directions as long as reasonable precautions are taken to ensure that no human, pet, or wild animal, other than the targeted species, comes into contact with the traps, poisons, or other means and that such use does not violate any other section of this chapter.

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(5e) This section shall not be interpreted to restrict rodeos, 4H Clubs, or FFA Club

activities and operations. Sec. 4.04.002 Inducement (1a) It shall be a violation of this chapter for any person to give away any live animal

as a prize or as an inducement to enter any contest, game, raffle, or other competition or an inducement to enter a place of business or to offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(2b) This section shall not be interpreted to restrict any animal from being offered for

sale at auction, provided that such sale does not otherwise violate any other section of this chapter.

Sec. 4.04.003 Leaving animal unattended in vehicle A person having charge or custody of an animal shall not place or confine such animal or allow such animal to be placed or confined in a motor vehicle or trailer under such conditions or for such a period of time as may endanger the health of the animal due to heat, lack of food or water, or such other circumstances as may cause injury or death of the animal. City enforcement agents finding an animal being held in violation of this provision may cite the owner for violating this section, obtain a search warrant pursuant to state or federal law, and/or use reasonable force to remove an animal from a vehicle whenever it appears the animal’s health or safety is, or soon will be, endangered, and said neglected or endangered animal shall be impounded and held pending a hearing. It shall be the responsibility of the animal’s owner to repair any damage caused by the removal of the animal from the dangerous situation by the city enforcement agent or peace officer. Sec. 4.04.004 Tethering dogs and other animals The City of Lubbock hereby adopts by reference the Texas Health & Safety Code, Chapter 821 (Treatment & Disposition of Animals) Subchapter D, as amended, and the standards established by the appropriate state agency or rulemaking board as minimum standards for unlawful restraint provisions within the City of Lubbock. In addition, Iit shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the city enforcement agent. The terms “unhealthy situation” and “potentially dangerous situation” shall include, but not be limited to, the following: (1) To tether any animal in such a manner as to permit the animal access upon any

public right-of-way;

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(2) To tether any animal in such a manner as to cause the animal injury or pain or not to permit the animal to reach shelter, food and/or water or otherwise create an unsafe or unhealthy situation;

(3) To tether any animal in such a manner as to permit the animal to leave the

owner’s property; (4) To tether any animal in an area that is not properly fenced so as to prevent any

person or child from entering the area occupied by said animal; (5) To tether any pet animal in a manner whereby the animal is subject to harassment,

stings or bites from outdoor insects, or attacks by other animals; (6) To tether any pet animal with a tether that is less than ten (10) feet in length; (7) To tether any animal with a tether that is not equipped with swivel ends; (8) To tether any animal in such a manner that does not prevent the animal from

becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving part of its owner’s property;

(9) To fail to remove waste from the tethered area on a daily basis; (10) To tether any animal without using a properly fitted collar or harness; (11) To use choke-type collars to tether any animal; or (12) To use a tether that weighs more than one-fifth (1/5) of the animal’s body weight. (13) Any other act of tethering that is not in compliance with the Texas Administrative

Code (TAC) Chapter 821, Subchapter D, Unlawful Restraint of Dog, Section 821.076 and 821.077.

Sec. 4.04.005 Placement and baiting of animal traps (a1) It shall be unlawful for any person to place or place and bait or to permit the

placing or placing and baiting of any trap designed for trapping animals in any highway, street, alley or other public place within the corporate limits of the city unless specific permission by animal services has been granted. However, nothing in this chapter shall prohibit a city enforcement agent from placing such traps on public or private property as may be necessary to capture animals running at large.

(2b) It shall be unlawful for any person to remove, alter, damage, or otherwise tamper

with a trap or equipment belonging to or set out by the city enforcement agent.

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(3c) Residents of Lubbock wishing to trap unwanted animals on personal private property may do so with the use of humane cage traps. Traps may be obtained from animal services. Any trapping program must have prior written approval of the land manager or owner, and written notification of activities to Lubbock Animal Services.

(4d) Any traps mentioned in this section found upon public property are hereby

declared to be abandoned traps, and any city enforcement officer is hereby authorized and directed to impound any such trap and process the same as abandoned property in accordance with the applicable provisions of this code.

(5e) It shall be unlawful for any person to place or place and bait or to permit the

placing or placing and baiting of any steel-jawed trap (commonly known as a bear trap, wolf trap, leg hold trap, or coyote trap) within the corporate limits of the city.

(6f) No person shall place any substance or article that has in any manner been treated

with any poisonous substance in any place accessible to human beings, birds, dogs, cats or other animals with the intent to kill or harm animals. This shall include antifreeze purposely left exposed to poison animals. This subsection, however, does not preclude the use of commercially sold poisons when applied in accordance with the manufacturer’s directions for such use, in that person’s residence, accessory structure or commercial establishment, provided that such use does not violate any other section of this chapter.

ARTICLE 4.05 ANIMAL ESTABLISHMENTS Sec. 4.05.001 Standards All animal establishments within the city shall be constructed and operate in conformance to the General Design Standards, Specifications, and Operating Procedures for Animal Establishments promulgated by the City of Lubbock Health Board, which rules are adopted hereby and made a part of this chapter by reference. A copy of such rules shall be placed on file with the city secretary and a copy shall be maintained by the city health department, which copies shall be made available for inspection by members of the public during the normal business hours of the offices in which they are maintained. In the event of a conflict between such rules and an ordinance of the City of Lubbock or state law, then the ordinance or state law shall prevail over the rules. Sec. 4.05.002 Animal exhibitions (1a) All animal exhibitions shall, in addition to other requirements of this chapter,

comply with the minimum standards of this section. All of the exhibition’s facilities shall be subject to inspection by the city enforcement agent upon his request during reasonable hours.

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(2b) The presenter of the animal exhibition must contact Lubbock Animal Services at

least seven (7) days before the performance or display and provide dates, times, and exact location of each performance or display.

(3c) It shall be a violation for any person who owns, manages, or represents an animal

exhibition that requires a permit or registration to refuse, upon request by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary registration(s) or permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter. All animal exhibitions must be in compliance with all applicable state and federal regulations.

Sec. 4.05.003 Wildlife educational centers (a1) All wildlife educational centers, as defined herein, shall be exempt from city

regulations so long as they comply with minimum federal and state regulations. (2b) It shall be a violation for any wildlife educational center to refuse, upon request

by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary registration(s) or permit(s) available for inspection during the establishment’s regular business hours or at any other reasonable hour for the purpose of ascertaining compliance with the provisions of this chapter.

(3c) Failure to meet these standards or violating this chapter in any other way shall be

grounds for the issuance of a citation subjecting the owner to penalties provided in this chapter.

Sec. 4.05.004 Permit for animal establishments and animal dealers (a1) All animal establishments and animal dealers, as defined herein, shall, in addition

to the other requirements of this chapter, comply with the minimum standards of this section. Persons wishing to operate an animal establishment or to become an animal dealer within the City of Lubbock must apply in writing to the animal services managerdirector of animal services who will issue a permit if all of the state and federal requirements are met.

(2b) It shall be a violation for any business or person to sell, offer for sale, give away,

offer to give away, or otherwise transfer ownership of any animal without first obtaining an animal establishment or animal dealer permit, unless such activity is authorized by some other section of this chapter.

(3c) It shall be a violation for any animal establishment or animal dealer to refuse,

upon request by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary registration(s) or permit(s) available for inspection during the establishment’s regular business hours or at any other reasonable hour

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for the purpose of ascertaining compliance with the provisions of this chapter. (4d) Failure to meet these standards, or violating this chapter in any other way, shall be

grounds for the issuance of a citation subjecting the owner to penalties provided in this chapter, and/or revocation of the owner’s animal establishment or animal dealer permit at the animal services managerdirector of animal services’s discretion.

Sec. 4.05.005 Display of commercial permits required (1a) All commercial establishments, as defined herein, shall at all times prominently

display, in a public area, a copy of their current permit(s). (2b) It shall be a violation for any person who owns, harbors, or possesses an animal

that requires a permit, or for any holder of a special use permit, to refuse, upon request by the

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department, to make his/her animal(s), premises, facilities, equipment, and any necessary

registration(s) or permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.

ARTICLE 4.06 DANGEROUS ANIMALS Sec. 4.06.001 Complaint about dangerous animal (a1) Upon receipt of a written complaint by any person, animal services officer, or

other law enforcement officer charging that a particular animal is a dangerous animal, the public health directordirector of animal services or his designee shall conduct a hearing to determine whether such animal is dangerous unless the matter is resolved by agreement of all parties prior to such hearing. Such written complaints shall contain at least the following information:

(1a) Name, address and telephone number of complainants and witnesses; (b2) A brief description of the incident or incidents which cause the

complainant to believe such animal is a dangerous animal, including date, time and location;

(c3) A description of the animal and the name, address and telephone number

of the owner of the animal, if known; and (d4) Any other facts that the complainant believes to be important.

(b2) Such hearing to determine if an animal is a dangerous animal shall be conducted

within twenty (20) days after receipt of the complaint, impoundment, or seizure of the animal, whichever occurs later. Any animal awaiting such hearing which was impounded for being at large, was at large when the incident that causes the dangerous animal complaint to be filed occurred, or which has bitten or scratched any other person or animal shall be boarded at the owner’s expense at the animal services facility or any other state-approved quarantine facility pending the outcome of the hearing and determination of whether such animal is a dangerous animal.

(3c) If the animal is quarantined at a facility other than the animal services facility, the

facility shall be found to be in violation of this chapter if the animal is released to any person, lost, stolen, or otherwise not able to be accounted for unless the quarantine facility first obtains written permission from the animal services managerdirector of animal services to release the animal.

(4d) Notice of such hearing shall be provided by the public health directordirector of

animal services or his designee to the owner of the animal by certified mail, return receipt requested, and to the complainant by regular mail. At such hearing all

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parties shall be given opportunity to present evidence on the issue of whether such animal is dangerous.

(5e) Upon conclusion of a hearing to determine if an animal is a dangerous animal, the

public health directordirector of animal services or his designee may find that the animal is not dangerous, in which case it shall be promptly returned to its owner’s custody after all impound and board fees have been paid, or the public health directordirector of animal services or his designee may find that the animal is a dangerous animal and order that the owner comply with one or more of the following requirements:

(1a) Removal of the dangerous animal from within the city limits, in which

case, the owner must provide, in writing, the destination address of where the animal is to reside and proof that the owner has alerted the agency responsible for animal services in that area to the animal services managerdirector of animal services prior to the animal being released from the animal services facility; or

(b2) Humane euthanasia of the dangerous animal; or (c3) Registration and compliance with all of the following requirements of this

subsection, at the owner’s expense, before the animal is released from the animal services facility or other state-approved quarantine facility:

(Ai) Obtaining liability insurance coverage or showing financial

responsibility in an amount of at least two hundred and fifty thousand dollars ($250,000.00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person’s property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be annually filed with the city enforcement agent;

(Bii) Registering with the City of Lubbock by providing the name and

address of the owner; the breed, age, sex, color and any other identifying marks of the animal; the location where the animal is to be kept if it is not at the address of the owner; and two (2) color photographs that clearly identify the dangerous animal;

(iiiC) Having the animal sterilized; (ivD) Constructing a cage, pen or enclosure for the dangerous animal

that has secure sides, a secure top attached to the sides, and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. The pen or enclosure must be completely encircled by a

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fence constructed in such a manner as to prevent a person or child from being able to reach the animal’s pen or enclosure;

(vE) Not allowing the animal to go outside of its cage, pen or enclosure

unless the animal is under physical restraint. No person shall permit a dangerous animal to be kept outside of its cage, pen or enclosure on a chain, rope or other type of leash unless a person is in physical control of the chain, rope or leash and the person is of competent strength to control the animal at all times. Dangerous animals shall not be leashed to inanimate objects, such as trees, posts, buildings, etc. All dangerous animals outside their cage, pen or enclosure must be securely fitted with a muzzle that will not cause injury to the animal nor interfere with its vision or respiration but shall prevent the animal from biting other animals or human beings;

(viF) Posting signs giving notice of a dangerous animal in the area or on

the premises in which such animal is confined. Such signs shall be conspicuously posted at both the front and rear property entrances and shall bear letters not less than two (2) inches high, stating “DANGEROUS ANIMAL ON PREMISES.” Such signs shall also display a symbol, that is understandable by small children, that warns of the presence of a dangerous animal;

(viiG) Providing the animal with a fluorescent yellow collar visible at

fifty (50) feet in normal daylight and attaching a fluorescent orange tag provided by the animal services division to the collar that is worn at all times so that the animal can be easily identified;

(viiiH) Implanting a microchip into the animal and registering it for life

with the city’s animal services division and a recognized national registry; and

(ixI) Paying the appropriate dangerous animal permit fee annually.

Permits will expire on December 31 of each year and shall be renewed at least 30 days prior to expiration.

(6f) Any animal that is deemed a dangerous animal that was not previously

impounded or otherwise in possession of the animal services facility or any other state-approved quarantine facility shall immediately be impounded and boarded at the owner’s expense until such time as the owner complies with all of the required conditions as set forth by the administrator’s ruling. The animal shall be held at the owner’s expense pending the outcome of any appeals. It shall be a violation of this section for the owner to refuse to turn the animal over as required, and, for the purposes of enforcement; each day for each animal in question shall be considered a separate offense.

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(7g) The owner shall have fifteen (15) days from the declaration of the animal as

dangerous to comply with all of the required conditions as set forth by this chapter. If the owner fails to meet all of the requirements, the animal may be humanely euthanized on the sixteenth (16th) day by the city enforcement agent or a licensed veterinarian.

(8h) In the event that a registered dangerous animal escapes its cage, pen or enclosure

or attacks a human being or another animal, the owner of the dangerous animal shall immediately notify the animal services division. For the purposes of this chapter, “immediately” shall mean within thirty (30) minutes of the owner becoming aware of the escape or attack.

(9i) In the event that a registered dangerous animal dies, the owner must present the

body of the animal to the city enforcement agent or a licensed veterinarian for verification by microchip identification before disposal of its body.

(10j) Prior to transferring ownership in any way or moving a registered dangerous

animal, either inside or outside the city limits, the owner must obtain, in writing, permission from the animal services managerdirector of animal services to transfer ownership or move the animal. If ownership of the animal is being transferred, the new owner will be required to comply with all provisions of this chapter before the animal can be moved from the previous owner’s custody. If the animal is being moved from the city limits, the owner must provide, in writing to the animal services managerdirector of animal services, the destination address of where the animal is to be moved to and proof that the owner has alerted the agency responsible for animal services in that area.

(11(k) In the event that any owner of an animal declared to be dangerous violates any

order of the public health directordirector of animal services, the animal may be immediately seized and impounded by the city enforcement agent. In addition, the animal shall be seized immediately if the animal bites, injures, or attacks a human being or another animal. Any animal already declared to be dangerous which is impounded due to any violation of this chapter or seized for causing injury to a human being or another animal shall immediately become the property of the City of Lubbock and shall not continue to be a registered dangerous animal.

(l12) If the dangerous animal makes an unprovoked attack on a person or another

animal outside the animal’s enclosure and causes bodily injury to the person or other animal, the owner of the dangerous animal will be guilty of a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a Class A misdemeanor.

(13m) If an owner of a dangerous animal is found guilty of an offense under this section,

the public health directordirector of animal services or his designee may order the dangerous animal be humanely euthanized by the city enforcement agent or a

46

licensed veterinarian. (14n) No animal shall be declared a dangerous animal if the threat, injury or damage

caused by the animal was the result of a willful trespass upon another’s property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury.

(15o) Orders of the public health directordirector of animal services or his designee

pertaining to dangerous animals may be appealed to the City of Lubbock permit and license appeal board by filing a written notice of appeal within five (5) days with the city manager’s office. During the pendency of such appeal, the order of the public health director shall be suspended, and the animal shall remain impounded at the owner’s expense at the animal services facility or other state-approved quarantine facility for observation. Decisions of the permit and license appeal board shall be final.

(16p) It shall be a violation for any owner of a permitted dangerous animal to refuse,

upon request by the department, to make his/her animal(s), premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.

(17q) The owner of an animal that has been determined to be dangerous by another

jurisdiction is prohibited from bringing such animal into the city limits. (18r) The animal services managerdirector of animal services shall be authorized to

obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.

Sec. 4.06.002 Keeping dangerous wild animals (a1) It shall be unlawful to keep any wild animal within the corporate city limits of

Lubbock, with the following exceptions: (1a) If a person and his or her facility housing such dangerous wild animal(s)

has complied with all applicable federal, state, and local laws and regulations, including, but not limited to, the acquisition and retention of all applicable permits, prior to final adoption of this chapter, said person may retain dangerous wild animals(s) in the above-described facility in compliance with all federal, state and local laws, including, but not limited to, chapter 822 of the Texas Health and Safety Code, as amended;

(b2) A governmental agency or entity acting in an official capacity; (c3) A government-operated zoological park; (d)4) A permitted wildlife educational center, animal exhibitions with valid state

47

or federal permits; or (f5)A holder of an animal dealer or animal establishment with a wild animal

permit. The possessor of the dangerous wild animal shall have all applicable state and/or federal permits to possess the species in question.

(2b) Animal establishments or animal dealers with dangerous wild animals permit

holders shall make written application to the animal services managerdirector of animal services to permanently keep each dangerous wild animal in their possession. The application must include the species and location of the animal, at least two pictures that clearly identify the animal, and proof that the center or person is in possession of the necessary state and/or federal permit(s) to possess such species.

Sec. 4.06.003 Sale of dangerous wild animals (a1) It shall be a violation for any person to sell, offer to sell, give away, offer to give

away, or otherwise transfer or attempt to transfer ownership of a dangerous wild animal, unless specifically allowed by some other provision of this chapter. Any person who finds a dangerous wild animal that is at large must immediately notify the city enforcement agent. This section shall not be interpreted to restrict a person from giving ill, injured, or orphaned wildlife to a state and/or federally licensed wildlife rehabilitator or to a permitted wildlife educational center.

(2b) For the purposes of this chapter, the animal services managerdirector of animal

services shall make the determination of whether any animal in question is a pet animal, a wild animal, or a dangerous wild animal. In addition, for the purposes of this chapter, “immediately” shall mean within thirty (30) minutes of the person finding that a wild animal or dangerous wild animal is at large.

ARTICLE 4.07 LIVESTOCK AND OTHER ANIMALS Sec. 4.07.001 Keeping of other animals; nuisance conditions (a1) No person shall engage in keeping livestock within the corporate limits of the

city, except in conformance with and only to the extent so permitted by the zoning ordinances of the city.

(2b) The keeping or causing to be kept any livestock, chickens, geese, ducks, guineas,

pigeons, rabbits or any other such animals in those areas appropriately permitted by the zoning ordinances of the city in pens or enclosed areas in such a manner as to become offensive to other persons living nearby is hereby declared to be a nuisance.

(3c) It shall be unlawful for any person to park or leave standing any truck, trailer, or

48

other vehicle that has been used for the hauling of livestock, animals or fowl in a residential area of the City of Lubbock when notified by a city enforcement officer that such vehicle is creating a nuisance due to odors, gases or fumes. Upon such notification, the owner, operator, driver or other person responsible for such vehicle shall move such vehicle to a location outside of any residential area of the city.

(4d) All manure and other excrement shall be disposed of in such a manner as to

prevent it from becoming offensive to other persons living nearby. It shall be unlawful for any person to transport slop, garbage or other refuse over any alley, street or highway within the corporate limits of the city for the purpose of feeding hogs or swine within the city.

Sec. 4.07.002 Keeping of hogs or swine (a1) It shall be unlawful for any person other than a veterinarian to keep any live hog

within the city limits, except in the hereinafter-named locations, for a longer period than twenty-four (24) hours.

(2b) The following locations are authorized for the keeping of hogs or swine:

(1a) The campus and grounds of Texas Tech University, Lubbock Christian University and the Monterey High School Ag Farm.

(b2) The Panhandle South Plains Fair Grounds, when hogs are kept thereon for

exhibition purposes.

(3c) All hog pens, barns, stables and other facilities shall meet the requirements of the city building code, zoning ordinance, and the general design standards, specifications, and operating procedures for animal establishments.

Sec. 4.07.003 Estrays It shall be unlawful for any person, firm, or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of Lubbock. The person, firm, or corporation having ownership or right to immediate control of such estray(s) shall have the burden to keep such estray(s) off the public streets, alleys, and thoroughfares or the property of another in the city. Sec. 4.07.004 Beekeeping (a1) It shall be unlawful for any person to keep or allow bees, their hives, or any abandoned hives within the city limits, except honeybees may be kept if all of the following conditions are met:

49

(1a) All hives shall be located a minimum of thirty (30) feet from any property line and enclosed in a fenced area;

(b2) There shall be no more than four (4) hives per city lot; (c3) There is an adequate source of water within twenty (20) feet of all hives; (d4) All hives shall require written permission to be obtained from the majority

of owners of all adjoining property; (e5) There may be maintained one nucleus for each two (2) colonies. The

nucleus shall not exceed one ten-frame hive body. Each nucleus shall be disposed of within sixty (60) days after it is acquired;

(f6) Each hive must be re-queened at least once every six months; and (g7) The owner notifies the city enforcement agent, in writing, of the location

and number of hives in his possession. The owner must also notify the city enforcement agent, in writing, each time he re-queens each hive.

(2b) It shall be a violation for any person who owns, harbors, or possesses bees to refuse, upon request by the department, to make his/her bees, premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this chapter.


InformationAgenda ItemResolution - Community Development: Consider a resolution authorizing the City Manager or her designee tomanually sign contracts and amendments once City Council has approved on the Texas Department of Housing andCommunity Affairs (TDHCA) electronic contract system.

Item SummaryOn January 31, 2013, the City Council approved a resolution that allowed the CD Director or designee to approveelectronic reports in the TDHCA system. This resolution will allow for departmental staff to electronically executecontracts and amendments after Council action has been taken.

The TDHCA contracts for the Community Services Block Grant and the Comprehensive Energy AssistanceProgram are located on the TDHCA Electronic Contract System, and have to be signed-off on that system, viacomputer. The contract system is username and password protected and only designated CD staff can access thesystem. CD staff is designated through an Access Request Form submitted to TDHCA.

Allowing CD staff to sign off on the system will expedite the process and allow staff to get the funds out to theagencies to assist the citizens of Lubbock in a more effective manner.

Fiscal ImpactNone.


AttachmentsResolution - Electronic Contract System

RESOLUTION

BE IT RESOLVEL) BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:

THAT the Cit\ Manager or her designee is hereby directed and authorized toelectromcallv sign all contracts and amendments thereto on the State of Texas CommunitAffairs electromc contract system after final approval of said contracts and amendments by theCity Council of the City of Lubbock. Texas.


___________

. 2013


ATTEST:



_--

PhyHirown. Interim Community I)evelopment I)irectorV


...

_r __ __

AmSinis Assistant €torne

g.sCD-Staie of lex Comm Aftirs-Electronic Signingres13113


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor to executeContract 11188 a Community Development Funding contract and all related documents, with the South PlainsAssociation of Governments (SPAG) to fund 2-1-1 Information and Referral Program to conduct information andreferral services for Lubbock County residents, and to produce and update the information and referral guide.

Item SummarySPAG is receiving funding to operate the 2-1-1 Information and Referral Program. The funds are from theCommunity Services Block Grant (CSBG) which is administered by the Texas Department of Housing andCommunity Affairs (TDHCA). Funds are used to conduct information and referral services for Lubbock Countyresidents and for the production and update of the information and referral guide. The total allocation for thisprogram is $43,425. TDHCA has released approximately 25% of the total CSBG allocation, so the City is releasing$10,856 and will notify the subrecipient as more funds are made available. The period of performance is January 1,2013, through December 31, 2013. The Community Development and Services Board approved funding for thisproject at their regularly scheduled meeting on February 13, 2013.

Fiscal ImpactThe maximum amount to be allocated from the CSBG for this program is $43,425.


AttachmentsResolution & Contract - SPAG

RESOLUTION

BE IT RESOLVE1) BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:

I H T the \4aor of the Cit of Lubbock is hereb authorized and directed to execute brand on behalf of the City of Lubbock. a Community Development Funding Contract. by andbetween the City ol Lubbock and the South Plains Association of Governments, for theCommunit’ Ser ices Block Grant to fund 2—1—I Information and ReIITal Proi.xarn. and allrdated documLnts S iid Conti act i lttachLd hereto and inLorpoIatd in this resolution as if tu1lst forth herein and shall be included in the minutes of the City Council

Passed by the City Council this 2013.

GLEN C.ROBERTSON. MAYOR

ATTES1


APPROVED ASTO CONTENT:

APPRO\ ED AS FO FORM

I —•

Amy Sin5 sta.iiS’

gs cedocs CDBG.res-Souih Plains Assn of Gov.l31.24.2013

Interim Community Development Director

(OMIUNITY SERVICE BLOCK GRANTAGREFMENT IILTWFFN THE CI OFFLTBBOCK

AN!) SOUTH PLAINS ASSOCIATK)N OF GOVERN1ENTS

STAlE OF TEXAS

COUNTY OF I. UBBOCK §

This Contract entered into this 14th day of Februar 2013. by and between the CITY OFLUBBOCK (herein called “City”) and SOUTH PLAINS ASSOCIATION OFGOVERNMENTS a council of governments (herein called Contractor”).

WFIE REAS. the City is obligated to do and perform certain services in its administration ofCommunity Services Block Grant: and

WHEREAS. the Contractor is a political subdivision of the state of Texas offering services tolow-income individuals in the County of Lubbock and

WHEREAS. the services provided by the Contractor benefit citizens of the County ofLubbock and constitute a valuable public service: and

WHEREAS. the Cit Council of the City of Lubbock has declared programs of theSouth Plains Association of Governments Area Information Center. Information and Referral 211. tobe a public purpose and the provision of these services to be a predominant purpose of thistransaction: and

WHEREAS. the Contractor and the services it provides have been found to meet the criteriatbr funding under the REP: and

WI-IEREAS, the accomplishment of the above public purpose is the predominant purposeof this transaction. continuing supervision by the City and State together with statutory andcontractual requirements provide sufficient assurance that this public purpose will beaccomplished and an audit provides sufficient protection of the handling of public money: and

WHEREAS the City Council had found that the Contractor has the special expertise.knowledge and experience necessary tbr the performance of the contract and that the Cii willreceive adequate consideration in the form of substantial public benefit: and

WFIERFAS. the City desires to contract with the Contractor to make available operatingassistance for the Information and Referral Program.

NO\\ I I-Il REF ORE it is agrLed hUkLen the parties hreio th9t

S(OPE OF SERVICE

A,

I. Contractor will use S43425 of CSBG funds awarded to administer the lnlbrmationand Referral Program for Lubbock County and to produce. publish and or update aResource Director’.

B. ]jvReonsihilities:

1. City agrees to provide Contractor assistance from Community Services BlockGrant funds in an amount not to exceed 543,425 in return lbr Contractorperforming the activities set forth in this Contract as consideration for saidfunds.

2. It is expressly understood and agreed by the parties hereto that Citysresponsibilities are contingent upon the actual receipt of adequate funds to meetCity’s liabilities under this contract. If adequate funds are not available tomake payment under this contract, City shall notii Contractor in writingwithin a reasonable time after such fact is determined. City shall terminate thisContract and will not be liable for failure to make payments to Contractor underthis Contract.

The funds shall be disbursed in the amounts and at the time the funds aredisbursed to the City by the State of Texas. The City is not responsible for anyamounts not distributed by the State of Texas. CSBG funds shall be disbursed inthe amount and at the time funds are disbursed to the City by the State of Texas.The State of Texas has currently released approximately twenty-five percent(25%) of the total amount of funds to the City. Therefore. the City shall currentlydisburse $lO.856 in CSBG funds to the Contractor, and will notify the Contractoras other funds are released.

3. City shall not be liable to Contractor for any costs incurred by Contractor, orany portions thereof, which have been paid to Contractor or which are subjectto payment to Contractor, or which have been reimbursed to Contractor orwhich are subject to reimbursement to Contractor by any source other than Cityor Contractor.

4. City shall not he liable for an costs incurred by Contractor \khich are notallowable costs as set forth in the contract.

5. City shall not be liable to Contractor for any costs incurred by Contractor or fbrany performances rendered by Contractor hich arc not strictly in accordancewith the terms of this Contract.

6. Cit shall not he liable to (ontractor for any costs incurred by Contractor in theperformance of this Contract which have not been billed to City by Contractorv nhin si\t 60> da\ s lollox ing tLrmln mon ol this C ontract

‘. Cit shall not he liable for costs incurred or performances rendered by(‘ontractor before commencement of this Contract or after termination of thisContract.

X. Citys financial assistance will be limited to the Ibilowing:

a. The assistance made aailahle through this Contract shall he used by theContractor solely for the purpose of the Information and Referral Program.

b. The assistance shall provide funding for expenses incurred within theoperation and scope of the program.

c. The services provided by the Contractor shall benefit lower-income familieswhose residence is in the County of Lubbock.

C. Contractor’s Responsibilities

1. Contractor agrees to use funds made available through this Contract solely forthe purpose of the South Plains Association of Governments Information andReferral Program, located at 1323 58th Street. Lubbock, Texas.

2. Contractor agrees to comply with applicable uniform administrativerequirements, as described in the South Plains Association of Governments PolicyManual and generally accepted administrative requirements for the Texas StateGovernment located at ITAC5.141 et seq. And the federal administrativerequirements located at 45CFR Part 96.

3. Contractor agrees to carry out the activities under this Contract in compliancewith all State and Local laws and regulations.

11. TIME OF PERFORMANCE

This Contract shall commence January 1, 2013 and shall terminate December 31, 2013. Theterm of this Contract and the provisions herein may he extended on a year to year basisduring the five sear roll-over cycle ending December 2013, provided funds are receivedfrom TDHCA and provided the Contractor meets its contractual obligations during thecurrent funding year. subject to board approval and Mavors signature.

Ill. BUDGET

CSBG Funds Matching Funds Total Project FundsAdministration:

.— 1 T6oO.Fringe Renetits I 2.60()Indirect Cost 5.8OOF

Prorain:

Redbook Publication 3.425TOTAL S43.425

.

City will pay up to 543,425 to Contractor based upon the receipt of request for fundsand project expense summary for the above-described project. Contractor shall submit toCity invoices for items purchased. City shall determine the reasonableness of eachpurchase and shall not make disbursement of any such payment until City has reviewedand approved each purchase. if need is shown to exist, City staff can release up to 10% ofthe funds to be used as start-up funding. Contractor will then bill City monthly forexpenses occurred during the month. By end of program year. Contractor will haeprovided City with proper documentation to show how all funds were expended, includingthe start-up costs.

V. NOTICES

Communication and details concerning this Contract shall be directed to the followingContract representatives:

Joe Rangel Aida MartinezCity of Lubbock South Plains Association of Govts.P. 0. Box 2000 1323 58th StreetLubbock, TX 79457 Lubbock. TX. 79412

VI. SPECIAL COND1TIONS

A. Specific Requirements to Meet Conditions Outlined in RFP

1. Contractor vill keep adequate documentation of the design of the program. theimplementation of the program, and evaluation of program design.

2. Contractor will keep documentation of their efforts to leverage CSBG fundswith other programs to enhance the services provided to clients.

3. Contractor will keep documentation of their efforts to cooperate andcollaborate with other service providers.

VII. GENERAL CONJMT1ONS

A. 1. General Compliance

Contractor agrees to comply with all applicable federal, state and local laws andregulations governing the funds provided under this Contract which were madeaaflablc undLr Cit s Cornmunit Scr\ iLLS BloLk Grant program

2. Labor Standards

The Contractor agrees to comp1 with the requirements of the Secretary of Labor inaccordance with the Copeland “Anti-Kickhack Act (40 LLS.C 276a276a-5: 40 USC327 and 40 USC 26c> and all other applicable Federal. state and local laws andregulations pertaining to the labor standards insofar as those acts apply to theperformance of this contract.

3. Right To Exercise

The City reserves the right to exercise any right or remedy available to it by law.contract. equity, or otherwise, including v ithout limitation, the right to seek any andall forms of relief in a court of competent jurisdiction. Further, the City shall not besubject to any arbitration process prior to exercising its unrestricted right to seekjudicial remedy. The remedies set forth herein are cumulative and not exclusive, andmay be exercised concurrently. To the extent of any conflict between this provisionand another provision in. or related to. this document. the former shall control.

B. Independent Contractor

Nothing contained in this Contract is intended to. or shall be construed in anymanner, as creating or establishing the relationship of employer/employee betweenthe parties. Contractor shall at all times remain an independent contractor withrespect to the services to be performed under this Contract. City shall be exemptfrom payment of all Unemployment Compensation. FICA, retirement, life and/ormedical insurance and Worker’s Compensation insurance as the Contractor is anindependent Contractor.

C. Indemnity and Release

Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, theCity, and City’s respective officers, employees, elected officials and agents. from andagainst any and all losses. damages. claims or liabilities, of anx kind or nature, whicharise directly or indirectly. or are related to. in any way. manner or form, the activitiescontemplated hereunder, including, but not limited to, losses, damages, claims orliabilities arising from or related to. in any way, manner or form. the act or omissionof third parties and/or the negligence or thult of City. its respective officers.employees, elected officials and or agents. Grantee further covenants and agrees todefend any suits or administrative proceedings brought against the City and/or theCity’s respective officers, employees, elected officials and/or agents on account ofany such claim, and to pay or discharge the full amount or obligation of any suchclaim incurred by, accruing to, or imposed on the City, or the City’s respectiveofficers, employees, elected officials and or agents. as applicable, resulting from suchsuits, claims and, or administrative proceedings or any matter resulting from thesettlement or resolution of said suits, claims and/or administrative proceedings, inaddition. Grantee shall pay to the Cit. applicable, all attorneys fees incurred h suchparties in enforcing Grantee’s indemnity in this section.

The City, and its respective officers. employees, elected officials and agents shall nothe liable and Grantee hereby releases the City, and its respective officers, employees.

elected officials and agents, for. from and’or against any losses, damages, claims orliabilities to Grantee. on am theor of legal liability. including, but not limited to thenegligence, of any Ivpe of degree or fault, of the City. arising from or related to. inan a’ manner of torm th unLntorceahlllt’ or oidancc for an reason ol all orpart of this agreement.

The indemnity and release provided herein shall survive the termination or voidanceof this agreement.

D.

Contractor shall provide \k orker s (ompensation insurance coverage for allemployees involved in the performance of this Contract.

F. Insurance and BondipgThroughout the term of this Contract, the Contractor will maintain liabilityinsurance in the following minimum amounts:

Type of Insurance Minimum LiabilityCommercial General Liability $1 .000.000 Limit.Property Damage Liability $1 00.000 Each Occurrence

F. City Recognition

Contractor shall insure recognition of the role of City’s Community Services BlockGrant program in providing funding through this Contract. All activities, facilitiesand items utilized pursuant to this Contract shall be prominently labeled as tofunding source. In addition, Contractor will include a reference to the supportprovided herein in all publications made possible with funds made available tinderthis Contract.

G. Changes and Amendments

City or Contractor may amend this Contract at any time, provided that suchamendments make specific reference to this Contract, and are executed in writing.signed by a duly-authorized representative of both organizations and approved bythe City Council if required by law. Such amendments shall not invalidate thisContract. nor relieve nor release City or Contractor irom its obligations under thisContract.

City max. in its discretion. amend this Contract to conform ith federal. state orlocal governmental cuidelines. policies and available funding amounts, or for otherreasons, If such amendments result in a change in the funding, the scope ofser ices. or the activities to he undertaken as part of this Contract, suchmodifications will he incorporated only by ritten amendment signed by both Cityand Contractor.

II. Stipensionoriermination

F ith,r p ut ma krmmnatL this ( ontiact ii an tlmL b\ gi ing \rittLn notlcL to the

other part\ of such termination and specif ing the effective date thereof at leastthirty (30) days before the effective date of such termination. Partial terminationof the Scope of Service in Paragraph “1W’ above may only he undertaken with theprior approval of Cdv. In the e ent of any termination ibr convenience, all finishedor unfinished documents, data, studies, surveys, maps, models, photographs,reports, or other materials prepared by Contractor under this Contract shall at theoption of City, become the property ot City, and Contractor shall he entitled toreceive just and equitable compensation lbr any satisfactory work completed onsuch documents or materials prior to the termination.

City may also suspend or terminate this Contract, in whole or in part. if Contractormaterially fails to comply with any term of this Contract. or v ith any of the rules,regulations, or provisions referred to herein; and the City may declare theContractor ineligible for an further participation in Cit contracts, in addition toother remedies as provided by law. In the event there is probable cause to believeContractor is in noncompliance with any applicable rules or regulations, City maywithhold up to fifteen percent (15%) of said contract funds until such time asContractor is found to he in compliance by City or is otherwise adjudicated to hein compliance.

The City may also terminate this agreement in the event of an emergency or disaster,whether an act of God. natural or manmade. by giving twenty -thur (24> hour notice.The City may give said notice verbally to Grantee. Any expenditures incurred priorto receiving notice will be reimbursed; however, in no event shall the City pay anyexpenses incurred after notice of termination is received by Grantee.

I. Prevention of Waste, Fraud, and Abuse

Contractor shall establish. maintain, and utilize systems and procedures to prevent.detect, and correct waste, fraud, and abuse in activities funded under this contract.The systems and procedures shall address possible waste. fraud, an abuse byContractor. its employees. recipients. vendors, and administrating agencies.Contractor’s internal control systems and all transactions and other significant eventsare to be clearly documented, and the documentation is to be readily available formonitoring by City.

Contractor shall give City complete access to all of its records, employees, and agentsfor the purposes of any investigation of the funded programs. Contractor shallimniediatelv notify Cit of any discovery of waste. fraud or abuse. Contractor shallfully cooperate ith City’s efforts to detect. investigate, and prevent waste, fraud andabuse in the funded program.

Contractor may not discriminate against an emplo cc or other person who reports aviolation of the terms of this contract or of any law or regulation to the City or to anyappropriate law enforcement authority, if the report is made in good faith,

,1. Leal Remedies

In instances here the Contractors violate or breac Ii this Contract. the City may applyadministratie. contractual. or leaal remedies. the Cdv may suspend all activitiestemporarily pending either corrective action by the Contractor or a decision by theCdv to terminate this contract.

K. ggtl Authority

Contractor represents ihat it possesses the practical ability and legal authority to enterin to this contract. receive and manage funds authorized b this contract, and toperfhrm the services Contractor has obligated itself to perform under this contract.

The person signing this contract on behalf of Contractor herbv warrants that he’shehas been authorized h Contractor to execute this contract on behalf of Contractorand to bind Contractor to all terms herein set forth.

L. Reporting and Patent Rights

Contractor shall abide by all requirements and regulations pertaining to the reportingand patent rights involving research, developmental, experimental or demonstrationwork, with respect to any discovery or invention which arises or is developed in thecourse of satisfying the terms of this agreement.

VIII. ADMINISTRATIVE REQUIREMENTS

A. Financial Management

Accounhin Standards

Contractor agrees to comply with Attachment F of 0MB Circular A-l 10and agrees to adhere to the accounting principles and procedures requiredtherein, utilize adequate internal controls, and maintain necessary sourcedocumentation for all costs incurred.

2. Cost Principles

Contractor shall administer its program in conformance with 0MBCirculars A-122. ‘Cost Principles for Non-Profit Orgaizations’, or A-21.Cost Principles for Educational lnstitutions’. as applicable. frr all costsincurred whether charged on a direct or indirect basis,

B. Documentation and Record-Keepjg

1. Records to he Maintained

Contractor shall maintain all records required by the State of TexasDepartment of I-lousing and Community Affhirs, and that are pertinent tothe activities to be funded under this Contract.

2 Retention

Contractor shall retain all record pertinent to expenditures incurred underthis Contractor fbr a period of flve (5 years after the termination of allactivities funded under this Contract, or after the resolution of all Stateaudit findings, whichever occurs later.

3. Client Data

Contractor shall maintain client data dernonstratin client eliuihilitv forservices provided. Such data shall include, but not he limited to: totalnumber of information and referral calls received and broken down intosubject categories for every call: specilic information obtained throughrandom screening of calls such as income level. gender. race, age,education-level, and household size. Such information shall be made availableto City monitors or their designees for review by the 10111 day of every month.

4. Audits and inspections

All Contractor records with respect to any matters covered by thisContract shall be made available to City, their designees or the StateGovernment. at an time during normal business hours. as often as City orState deems necessary, to audit, examine, and make excerpts or transcriptsof all relevant data, both financial and programmatic. Any deficienciesnoted in audit reports must be fully cleared by Contractor within thirty(30) days after receipt by the Contractor. Failure to comply with theabove audit requirements will constitute a violation of this Contract andmay result in the withholding of future payments.

C. Operation an Financial Reports

I. Financial Record ReportsContractor agrees to submit to the City invoices for the services andapproved costs of this program by the 0 day of each month: and

2. Operation Reports

Contractor agrees to submit to the City a monthly activity report inaccordance with instructions provided by the State.

IX. PERSONNEl. AND PARTICIPANT CONDITIONS

A. Ci il Rkthts

Contractor agrees to comply and to require all subcontractors to comply with TitleVI of the Civil Rights Act of 1964 as amended. Title VIII of the Civil Rights Actof 1968 as amended. Section 1 09 of Title I of the I lousing and CommunityDevelopment Act of 1974, Section 504 of’ the Rehabilitation Act of 1 973. theAmericans jib T)isahilities Act of 1990. the Age J)iscrimination Act of 1 975.Executive Order 11063, and ith Executive Order 11246 and the regulationsissued under the order at 41 CFR chapter 60.

No person shall, on the grounds of race. color, national origin, or sex be excludedform participation in. be denied from the benefits of. or be subjected to discriminationunder any program or activity funded in hole or in part with funds made availableunder the contract.

Any prohibition against discrimination on the basis of age under the AgeDiscrimination Act of 1990. or with respect to an otherwise qualified disabledindividual as provided in. section 04 of the Rehabilitation Act of 1973. shall alsoapply to an such program or activity.

13. Conduct

1. Prohibit Political Activity and Lobbying

Lobbying

The Grantee hereby certifies that:

a. No Federal appropriated funds have been paid or will be paid. by or on behalfof it. to any person for influencing or attempting to influence an oflicer oremployee of any agency, a Member of Congress, an officer or employee ofCongress. or an employee of a Member of Congress in connection with theawarding of any Federal contract, the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and theextension. continuation. renewal. amendment. or modification of any Federalcontract, grant, loan, or cooperative agreement;

b. If any funds other than Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress. an officer or employee ofCongress, or an employee of a Member of Congress in connection with thisFederal contract, grant. loan, or cooperative agreement. it will complete andsubmit Standard Form-LLL. “Disclosure Form to Report Lobbying,” inaccordance with its instructions:

c. It will require that the language of’ this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts. subgrants.and contracts under grants. loans, and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly; and

None of the funds provided under this contract shall he used for influencing theoutcome of any election, or the passage or defeat of any legislative measure. Thisprohibition shall not he construed to prevent any official or employee ofContractor from furnishing to any member of it’s governing body upon request, orto any other local or official not considered under law to he confidentialinformation. Any action taken against an employee or official for supplying suchinformation shall subject the person initiating the action to immediate dismissalfrom emplo menu

No funds provided under this Contract may be used directly or indirectly to hireemployees or in any other way fun or support candidates for the legislative.executive or judicial branches of government of Contractor. the State of lexas. orthe government of the United States.

None of the funds provided under this contract shall be paid to any oflicial oremployee who violates any of the provisions of this section.

nh1ictoflnterestane3otism

Contractor covenants that neither it nor any member of its governing bodypresently has any interest or shall acquire any interest, direct or indirect, whichwould conflict in any manner or degree with the performance of this contract.Contractor further covenants that in the performance of this contract no personhaving such interest shall be employed or appointed by contactor.

No person (1) Who is an employee. agent. consultant, officer, or official of thecontractor and who exercises or has exercised any functions or responsibilitieswith respect to assisted contract activities; or (2) Who is in a position toparticipate in a decision making process or gains inside information with regard tosuch activities, may obtain a personal or financial interest or benefit. direct orindirect, in any contract, subcontract, or agreement with respect thereto, or theproceeds there under. either for themselves or those with whom they have familiaror business ties, during their tenure.

Contractor’s employees. officers. and/or agents shall neither solicit nor acceptgratuities, favors, or anything of monetary value from subcontractors, or potentialsubcontractors.

C. Air& Water

The Grantee agrees to comply with the following requirements insofar as they applyto the performance of this contract:

Clean Air Act, 42 U.S.C., 7401. et seq.Federal Water Pollution Control Act. as amended. 33 U.S.C. 1251. ci seq.. asamended. I 3 1 8 relating to inspection, monitoring, entry, reports. and information, aswell as other requirements specified in said Section 114 and Section 308. and allregulations and guidelines issued thereunder.

IN \VITNESS WHEREOF. the Parties hjve xecutcd this coon act as of the date lirsi \\rinen above.

CITY OF LUBBOCK SOUTH PLAINS A S$OCI/\TION OF GOVERNMENTS

//( (V

Glen C. Robertson Tim PierceMAYOR EXECUTIVE DIRECTOR

ATTEST: FED. I.D. 75 12852009



/// /PhvI lis’Brown. Interim DirectorConirnunity Development

APPROVEI) AS TO FORM:

./4iv S stintCit) AtttYrncv


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor to executeContract 11190 a Community Development Funding contract and all related documents, with LIFE Run Centers toprovide utility assistance to qualified low-income persons and families through the Comprehensive EnergyAssistance Program (CEAP) and the Community Services Block Grant (CSBG).

Item SummaryLIFE Run Centers is receiving funding to operate the Utility Assistance Component of CEAP. The CEAP funds areadministered by TDHCA. Funds are used to provide utility assistance to qualified low-income persons andfamilies. CSBG funds are used for the operations of the program. TDHCA has release approximately 25% of thetotal CSBG allocation, so the City is releasing $1,500 of the $6,000 available CSBG funds and will notify thesubrecipient as more funds are made available. The CEAP amount is $267,973. The total allocation for thisprogram is $273,973. The period of performance is January 1, 2013, through December 31, 2013. The CommunityDevelopment and Services Board approved funding for this project at their regularly scheduled meeting onFebruary 13, 2013.

Fiscal ImpactThe maximum amount to be allocated from CEAP and CSBG for this program is $273,973.


AttachmentsResolution and Contract - LIFE RUN

RESOLUTION

BE IT RESOLVED 13Y TI IL CITY COL\C1l. OF THE CITY OF LLBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute fir and on behalf of the City of Lubbock, a Contract, by and between the City ofLubbock and LIFE Run Centers for the Comprehensive Energy Assistance Program, andall related documents, Said Contract is attached hereto and incorporated in this resolution:as if fully set forth herein and shall be included in the minutes of the City Council.

Passed by the Cit Council this day of

ATTEST


..... -••••z:-•.•..

Vim Sims Asistarr

() 13.

Rebecca Garza. Cit Secretary


z_PhvlJ Brov n Interim Communitx De elopmcnt Director

APPROVE D AS 10 FORM

ResCDLlF1 Run CentersComprehensi e Energy Asis PrLg. 131.2$2Ol3

COIPRELIENSWE ENERGY ASSISTANCE PROGRAMAM) COMIiMT\ SER iCES BLOCK GRANT

AGREEMENT BE [W EFN THE (IT\ OF HBBOCKAND LIFE RUN INDEPENDENT LIVING CENTERS

STATE OF TEXAS

COUNTY OF LUBBOCK §

This Contract entered into this 14th day of February 2013, by and between the CITY OFLUBBOCK (herein called “City”) and Life Run Independent Living Centers a non-profit Center(herein called “Contractor”).

I. WHEREAS, the City is obligated to do and perform certain services in its administration ofthe Comprehensive Energy Assistance Program (CEAP) and Community Services Block Grant(CSBG); and

WHEREAS. the Contractor operates a non-profit center offering services to low-incomeindividuals in the County of Lubbock; and

WHEREAS, the services provided by the Contractor benefit citizens of the County ofLubbock and constitute a valuable public service; and

WHEREAS, the City Council of the City of Lubbock has declared programs of theLife Run Independent Living Centers to be a public purpose and the provision of these services to bea predominate purpose of this transaction; and

WHEREAS, the Contractor and the services it provides have been found to meet the criteriafor funding under the RFP; and

WHEREAS. the accomplishment of the above public purpose is the predominant purpose ofthis transaction. continuing supervision b the City and State together with statutory and contractualrequirements provide sufficient assurance that this public purpose will he accomplished and an auditprovides sufficient protection of the handling of public money: and

WHEREAS, the City Council had found that the Contractor has the special expertise,knowledge and experience necessary for the perfbrmance of the contract and that the City willreceive adequate consideration in the form of substantial public benefit; and

WHEREAS, the City desires to contract with the Contractor to make available operatingassistance for the Utility Assistance Program.

NOW. THEREFORE. it is agreed between the parties hereto that:

IL SCOPE OF SERVICE

A. çralOveievofPpgam:

1. Contractor will use the Comprehensive Energy Assistance Program (CEAP) andCommunity Services Block Grant (CSBG) funds awarded to administer the

2. Utility Assistance Component in the following manner:

CEAP Utility Assistance S245.847CEAP Program Administration 12,292CEAP Assurance 16 9,834CSBG CEAP Operations 6.000

$273,973

B. City Responsibilities:

1. City agrees to provide Contractor assistance from the CEAP and CSBG in anamount not to exceed $273,973 in return for Contractor performing the activitiesset forth in this Contract as consideration for said funds.

2. It is expressly understood and agreed by the parties hereto that City’sresponsibilities are contingent upon the actual receipt of adequate funds to meetCity’s liabilities under this contract. If adequate funds are not available to makepayment under this contract, City shall notify Contractor in writing within areasonable time after such fact is determined. City shall tenninate thisContract and will not be liable for failure to make payments to Contractor underthis Contract.

The funds shall be disbursed in the amounts and at the time the funds aredisbursed to the City by the State of Texas. The City is not responsible for anyamounts not distributed by the State of Texas. CSBG funds shall be disbursed inthe amount and at the time funds are disbursed to the City by the State of Texas.The State of Texas has currently released approximately twenty-five percent(25%) of the CSBG funds to the Cit. Therefore, the City shall currently disburse$1500 in CSBG funds to the Contractor, and will notify the Contractor as otherfunds are released.

3. City shall not be liable to Contractor for any costs incurred by Contractor, or anyportions thereof, which have been paid to Contractor or which are subject topayment to Contractor. or which have been reimbursed to Contractor or which aresubject to reimbursement to Contractor by an source other than City orContractor.

4. City shall not be liable for any costs incurred by Contractor which are notallowable costs as set forth in the contract.

5. City shall not he liable to Contractor for any costs incurred by Contractor or forany performances rendered by Contractor which are not strictly in accordancewith the terms of this Contract.

6. City shall not be liable to Contractor for any costs incurred by Contractor in theperformance of this Contract which have not been hilled to City by Contractorwithin sixty (60) days following termination of this Contract.

7. City shall not be liable for costs incurred or performances rendered byContractor before commencement of this Contract or after termination of thisContract.

8. City’s financial assistance will be limited to the following:

a. The assistance made available through this Contract shall be used by theContractor solely for the purpose of the Utility Assistance Program and


c. The services provided by the Contractor shall benefit lower-income familiesresiding in the County of Lubbock and whose gross household income doesnot exceed the most recent 125% Poverty Income Guidelines issued by theDepartment of Health and Human Services.

C. Contractor’s Responsbilitiç

1. Contractor agrees to use funds made available through this Contract solely for thepurpose of the Utility Assistance Program at LIFE Run Independent LivingCenters, 8240 Boston.

2, Contractor agrees to comply with applicable uniform administrative requirements,as described in the Life Run Independent Living Centers Policy Manual andgenerally accepted administrative requirements for the Texas State Governmentlocated at 1TAC5. 141 et seq. And the federal administrative requirements locatedat 45CFR Part 96.


4. Contractor agrees NOT to include documentation from a medical professionalsuch as a doctor’s letter. hut only include other forms of documentation ofdisability such as Social Security or a Supplemental Security Income statement,and will keep in client’s file to validate eligibility.

IlL TIME OF PERFORMANCE

This Contract shall commence January 1, 2013 and shall terminate December 31, 2013. Theterm of this Contract and the provisions herein may be extended on a year to year basisduring the five year rollover cycle ending December 2013, provided funds are received fromTDHCA and providing the Contractor meets its contractual obligations during the currentfunding year, subject to board approval and Mayor’s signature.

BUDGET

IV. PAYMENT

City will pay up to $273,973 to Contractor based upon the receipt of request for funds andproject expense summary for the above-described project. Contractor shall submit toCity invoices for items purchased. City shall determine the reasonableness of each purchaseand shall not make disbursement of any such payment until City has reviewed and approvedeach purchase. If need is shown to exist, City staff can release up to 10% of the funds to beused as start-up funding. Contractor will then bill City monthly for expenses occurred duringthe month. By December 31, 2013, Contractor will have provided City with properdocumentation to show how all funds were expended, including the start-up costs.

V. NOTICES

Communication and details concerning this Contract shall be directed to the followingContract representatives:

Joe RangelCity of LubbockP. 0, Box2000Lubbock, TX 79457

Michelle CramLife Run Independent Living8240 BostonLubbock, TX 79423

VI. SPECIAL CONDITIONS

A.

1. Contractor will maintain adequate case management files on each client assisted;whether the case management is funded through this grant or not, and whether thecase management is provided by the Contractor or not.

CEAP/CSBG Matching Total ProjectFunds Funds Funds

Administration:Personnel 12,292

Program:Utility Assistance 245,847Assurance 16 9,834CSBG CEAP Operations 6,000

TOTAL $273,973

4

2. Contractor will keep adequate documentation of the design of the program. theimplementation of the program. and evaluation of program design.

3. Contractor will keep documentation of their efforts to leverage CEAP funds withother programs to enhance the services provided to clients.

4. Contractor will keep (locumentation of their efforts to cooperate and collaboratewith other service providers.

VII. GENERAL CONDITIONS

A. 1, General Compliance

Contractor agrees to comply with all applicable federal, state and local laws andregulations governing the funds provided under this Contract which were madeavailable under City’s Comprehensive Energy Assistance Program and CommunityServices Block Grant.

Contractor shall administer the Comprehensive Energy Assistance Program (the“CEAP Program”) to eligible clients in accordance with Texas Department ofHousing and Community Affairs (“TDHCA”) CEAP regulations and as out lined inTexas Administrative Code (TAC 10) regulations and the Low-Income Home EnergyAssistance Act of 1981, as amended, 42 U.S.C. Sec. 8621 et seq. (the “LIHEAP Act”Public Law 97-35). and the L1HEAP State Plan; and sections 103 & 107 of theContract Work Hours and Safety Standards Act (40 USC 327-330) as supplementedby Agency of labor regulations (29 CFR, Part 5).

2. Labor Standards

The Contractor agrees to comply with the requirements of the Secretary of Labor inaccordance with the Copeland “Anti-Kickback” Act (40 U.S.C 276a-276a-5; 40 USC327 and 40 USC 26c) and all other applicable Federal, state and local laws andregulations pertaining to the labor standards insofar as those acts apply to theperformance of this contract.

3. Right to Exercise

The City reserves the right to exercise any right or remedy available to it by law.contract. equity, or otherwise. including without limitation, the right to seek any andall forms of relief in a court of competent jurisdiction. Further, the City shall not besubject to any arbitration process prior to exercising its unrestricted right to seekjudicial remedy. The remedies set forth herein are cumulative and not exclusive, andmay he exercised concurrently. To the extent of any contlict between this provisionand another provision in. or related to, this document, the former shall control.

B. pcndepCopractor

Nothing contained in this Contract is intended to, or shall be construed in anymanner, as creating or establishing the relationship of employer/employee betweenthe parties. Contractor shall at all times remain an independent contractor withrespect to the services to be performed under this Contract. City shall be exemptfrom payment of all Unemployment Compensation, FICA, retirement, life and/ormedical insurance and Worker’s Compensation insurance as the Contractor is anindependent Contractor.

C. 4çjyandRçiease

Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, theCity, and City’s respective officers, employees, elected officials and agents, from andagainst any and all losses, damages, claims or liabilities, of any kind or nature, whicharise directly or indirectly, or are related to, in any way, manner or form, the activitiescontemplated hereunder, including, but not limited to, losses, damages, claims orliabilities arising from or related to, in any way, manner or form, the act or omissionof third parties and/or the negligence or fault of City, its respective officers,employees, elected officials and /or agents. Grantee further covenants and agrees todefend any suits or administrative proceedings brought against the City and/or theCity’s respective officers, employees, elected officials and/or agents on account ofany such claim, and to pay or discharge the full amount or obligation of any suchclaim incurred by, accruing to, or imposed on the City, or the City’s respectiveofficers, employees, elected officials and/or agents, as applicable, resulting from suchsuits, claims and/or administrative proceedings or any matter resulting from thesettlement or resolution of said suits, claims and/or administrative proceedings, inaddition, Grantee shall pay to the City, applicable, all attorney’s fees incurred by suchparties in enforcing Grantee’s indemnity in this section.

The City, and its respective officers, employees, elected officials and agents shall notbe liable and Grantee hereby releases the City, and its respective officers, employees,elected officials and agents, for, from and/or against any losses, damages, claims orliabilities to Grantee, on any theory of legal liability, including, but not limited to thenegligence, of any type of degree or fault, of the City, arising from or related to, inany way, manner of form, the unenforceability or voidance, for any reason, of all orpart of this agreement.


D. pgf’sComgflsgion

Contractor shall provide Worker’s Compensation insurance coverage or otherapproved coverage for all employees involved in the performance of this Contract.

E. Insurance and Bondifig

6

Throughout the term of this Contract, the Contractor will maintain liabilityinsurance in the following minimum amounts:

Type of Insurance Minimum LiabilityCommercial General Liability Si ,000,000 LimitProperty Damage Liability S 100,000 Each Occurrence

F. City Recognition

Contractor shall insure recognition of the role of City’s COMPREHENSIVEENERGY ASSISTANCE PROGRAM in providing funding through this Contract.All activities. fhcilities and items utilized pursuant to this Contract shall beprominently labeled as to funding source. In addition, Contractor will include areference to the support provided herein in all publications made possible with fundsmade available under this Contract,

G. Amendments

City or Contractor may amend this Contract at any time, provided that suchamendments make specific reference to this Contract, and are executed in writing,signed by a duly-authorized representative of both organizations and approved byCity Council if required by law. Such amendments shall not invalidate thisContract, nor relieve nor release City or Contractor from its obligations under thisContract.

City may, in its discretion, amend this Contract to conform with federal, state orlocal governmental guidelines, policies and available funding amounts, or for otherreasons. If such amendments result in a change in the funding, the scope ofservices, or the activities to be undertaken as part of this Contract, suchmodifications will be incorporated only by written amendment signed by both Cityand Contractor.

Suspension or Termination

Either party may terminate this Contract at any time by giving written notice to theother party of such termination and specifying the effective date thereof at least thirt(30) days before the effective date of such termination. Partial termination of theScope of Service in Paragraph “I.B” above may only be undertaken with the priorapproval of City. In the event of any termination for convenience, all finished orunfinished documents, data, studies, surveys, maps, models, photographs, reports, orother materials prepared by Contractor under this Contract shall at the option of City,become the property of City. and Contractor shall be entitled to receive just andequitable compensation for any satisfactory work completed on such documents ormaterials prior to the tenuination.

City ma also suspend or terminate this Contract, in whole or in part. if Contractormaterially fulls to comply with any term of this Contract, or with any of the rules.regulations. or provisions referred to herein: and the City may declare the

Contractor ineligible for any further participation in City contracts, in addition toother remedies as provided by law. In the event there is probable cause to believeContractor is in noncompliance with any applicable rules or regulations, City maywithhold up to fifteen percent (15%) of said contract funds until such time asContractor is found to be in compliance by City or is otherwise adjudicated to bein compliance.

The City may also terminate this agreement in the event of an emergency or disaster,whether an act of God, natural or manmade, by giving twentyfour (24) hour notice.The City may give said notice verbally to Grantee. Any expenditures incurred priorto receiving notice will be reimbursed; however, in no event shall the City pay anyexpenses incurred after notice of termination is received by Grantee.

J. Prevention of Waste, Fraud. and Abuse

Contractor shall establish, maintain, and utilize systems and procedures to prevent,detect, and correct waste, fraud, and abuse in activities funded under this contract.The systems and procedures shall address possible waste, fraud, and abuse byContractor, its employees, recipients, vendors, and administrating agencies.Contractor’s internal control systems and all transactions and other significant eventsare to be clearly documented, and the documentation is to be readily available formonitoring by City.

Contractor shall give Department complete access to all of its records, employees,and agents for the purposes of any investigation of the funded programs. Contractorshall immediately notify City of any discovery of waste, fraud or abuse. Contractorshall fully cooperate with City’s efforts to detect, investigate, and prevent waste,fraud and abuse in the funded program.

Contractor may not discriminate against any employee or other person who reports aviolation of the terms of this contract or of any law or regulation to the Cily or to anyappropriate law enforcement authority, if the report is made in good faith.

K. Legal Remedies

In instances where the Contractors violate or breach this Contract, the City may applyadministrative, contractual, or legal remedies. The City may suspend all activitiestemporarily pending either corrective action by the Contractor or a decision by theCity to terminate this contract.

L. gggiuthoritv

Contractor represents that it possesses the practical ability and legal authority to enterin to this contract, receive and manage funds authorized by this contract, and toperform the services Contractor has obligated itself to perform under this contract.The person signing this contract on behalf of Contractor herby warrants that he/shehas been authorized by Contractor to execute this contract on behalf of Contractorand to bind Contractor to all terms herein set forth.

8

Viii. ADMINISTRATIVE REQUIREMENTS

A, anciaLMaaement

1. ntinStandardsContractor agrees to comply with Attachment F of 0MB Circular A- 110 andagrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentationfor all costs incurred.

2. rinciies

Contractor shall administer its program in conformance with 0MBCirculars A-i 22, “Cost Principles for Non-Profit Organizations”, or A-2 1,“Cost Principles for Educational Institutions”, as applicable, for all costs incurredwhether charged on a direct or indirect basis.

B. Documentation and Record-Keeping

1. Records to be Maintained

Contractor shall maintain all records required by the State of TexasDepartment of Housing and Community Affairs, and that are pertinent to theactivities to be funded under this Contract.

2. Retention

Contractor shall retain all record pertinent to expenditures incurred under thisContractor for a period of five (5) years after the termination of all activitiesfunded under this Contract, or after the resolution of all State audit findings,whichever occurs later.

3. Client Data

Contractor shall maintain client data demonstrating client eligibility for servicesprovided. Such data shall include, but not be limited to: total number ofinformation and referral calls received and broken down into subject categoriesfor every call; specific information obtained through random screening of callssuch as income level, gender, race, age, education-level, and household size.Such information shall be made available to City monitors or their designees forreview by the 10th day of every month.

4. tsandInsections

All Contractor records with respect to any matters covered by thisContract shall be made available to City, their designees or the State

Government, at any time during normal business hours. as often as City orState deems necessary, to audit, examine, and make excerpts or transcripts of allrelevant data, both financial and programmatic. Any deficiencies noted in auditreports must he fully cleared by Contractor within thirty (30) days after receipt bythe Contractor. Failure to comply with the above audit requirements willconstitute a violation of this Contract and may result in the withholding of futurepayments.

C. Operation and Financial Reports

1. rts

Contractor agrees to submit to the City invoices for the services andapproved costs of this program by the 10th day of each month; and



VIII. PERSONNEL AND PARTICIPANT CONDITIONS

A. Civil Rights

Contractor agrees to comply and to require all subcontractors to comply with TitleVl of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Actof 1968 as amended, Section 109 of Title I of the Housing and CommunityDevelopment Act of 1974. Section 504 of the Rehabilitation Act of 1973, theAmericans with Disabilities Act of 1990. the Age Discrimination Act of 1975.Executive Order 11063. and with Executive Order 11246 and the regulations issuedunder the order at 41 CFR chapter 60.

No person shall on the ground of race, color, religion, sex. national origin, age.disability, political affiliation or belief be excluded from participation in, be deniedthe benefits of, be subjected to discrimination under, or be denied employment in theadministration of or in connection with any program or activity funded in whole or inpart with funds made available under this contract.

B. Conduct

a. Prohibit Political Activity and Lobbvin

Lobbvin2

10


a. N.O Federl appropriated funds have been paid or will he paid. by or on behalfof it. to an person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with theawarding of any Federal contract. the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federalcontract, grant, loan, or cooperative agreement:

b. If any funds other than Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement, it will complete andsubmit Standard Form-LLL, “Disclosure Form to Report Lobbying,” inaccordance with its instructions;

c. It will require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly: and

None of the funds provided under this contract shall be used for influencing theoutcome of any election, or the passage or defeat of any legislative measure. Thisprohibition shall not be construed to prevent any official or employee ofContractor from furnishing to any member of its governing body upon request. orto any other local or official not considered under law to be confidentialinformation. Any action taken against an employee or official for supplying suchinformation shall subject the person initiating the action to immediate dismissalfrom employment.

No funds provided under this Contract may be used directly or indirectly to hireemployees or in any other way fund or support candidates for the legislative.executive, or judicial branches of government of Contractor. the State of Texas. orthe government of the United States.

None of the funds provided under this contract shall be paid to any official oremployee who violates any of the provisions of this section.

1etismn

Contractor covenants that neither it nor any member of its governing body presentlyhas any interest or shall acquire any interest, direct or indirect, which would conflictin any manner or degree with the performance of this contract. Contractor furthercovenants that in the performance of this contract no person having such interestshall be employed or appointed by contactor.

11

No person (1) Who is an employee. agent. consultant. officer. or official of thecontractor and who exercises or has exercised any functions or responsibilities withrespect to assisted contract activities: or (2) Who is in a position to participate in adecision making process or gains inside information with regard to such activities,may obtain a personal or financial interest or benefit. direct or indirect, in anycontract. subcontract, or agreement with respect thereto, or the proceeds thereunder. either for themselves or those with whom they have familiar or business ties,dunng their tenure.

Contractor’s employees, officers, and/or agents shall neither solicit nor acceptgratuities, favors, or anything of monetary value from subcontractors, or potentialsubcontractors.

C. Air & Water


Clean Air Act, 42 U.S.C.. 7401. et seq.Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.. asamended. 1318 relating to inspection, monitoring. entry. reports, and information, aswell as other requirements specified in said Section 114 and Section 308, and allregulations and guidelines issued thereunder.

IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above,

CITY OF LUBBOCK LIFE RUN INDEPENDENT LIVING

,1

Glen C. Robertson Michelle CmiriMAYOR AUTHORIZED REPRESENTATIVE

ATTEST FED I D


APP,9VED AS TO CONTENT:

Phylj4(own, Interim DirectorConfnunity Development

APPROVED AS TQEQRM:

/ ..

Amy, ‘ . ey

13


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor to executeContract 11189 a Community Development Funding contract, and all related documents, with Lutheran SocialServices of the South (LSSS) to provide utility assistance to qualified low-income persons and families through theComprehensive Energy Assistance Program (CEAP) and the Community Services Block Grant (CSBG).

Item SummaryLSSS is receiving funding to operate the Utility Assistance and Household Crisis Components of CEAP. TheCEAP funds are administered by TDHCA. Funds are used to provide utility assistance to qualified low-incomepersons and families. The CSBG funds are used for the operations of the program. TDHCA has releasedapproximately 25% of the total CSBG allocation, so the city is releasing $3,500 of the $14,000 available CSBGfunds allocated and will notify the subrecipient as more funds are made available. The CEAP amount is for$606,663. The total allocation for this program is $620,663. The period of performance is January 1, 2013, throughDecember 31, 2013. The Community Development and Services Board approved funding for this project at theirregularly scheduled meeting on February 13, 2013.

Fiscal ImpactThe maximum amount to be allocated from CEAP and CSBG for this program is $620,663.


AttachmentsResolution & Contract - Lutheran Social Services

RESOLUTION

BE iT RESOLVED BY THE CITY COUNCIL OF TIlE CiTY OF LUBBOCK:

‘11 IAl the Mayor of the City of Lubbock BE and is hereby authorized and directed toexecute lr and on behalf of the Cit of Lubbock a Contract. by and between the City of Lubbockrnd Luthran Social SeriLes of thc. South for the Comprehensie 1 nrg’ \ssistance Piograrnand all related documents. Said Contract is attached hereto and incorporated in this resolution asif tu11 sU forth hLlein and shall be included in the minulLs of the Cit Council

Passed by the City Council this 2013.


ATTE SI’:


)

- - - --

__,__

\ny6imsf

gs ccdocs-res-I,utheran Social Sr s of the South. 13124.2013



i//i

Ph3 lh Bion lntLllm Community De clopment DireLtor

COMPREHENSIVE ENERGY ASSISTANCE PROGRAMND COMMt NFl \ DE ELOPMEN F BLO( K GR FAGREEMENT BEIEEN THE CIT\ OF LIBBOCK

AND LUTHERAN SOCIAL SERVICES OF THE SOUTH

STATE OF TEXAS

COUi\TY OF LUBBOCK §

This Contract entered into this day of February 201 3, by and between the CITY OFLUBBOCK (herein called “City”) and Lutheran Social Services of the South a non-profit Center(herein called “Contractor”).

I. WHEREAS, the City is obligated to do and perform certain services in its administration ofthe Comprehensive Energy Assistance Program (CEAP) and Community Services Block Grant(CSBG): and

WHEREAS, the Contractor operates a non-profit center offering services to low-incomeindividuals in the County of Lubbock; and

WHEREAS. the services provided by the Contractor benefit citizens of the County ofLubbock and constitute a valuable public service; and

WHEREAS. the City Council of the City of Lubbock has declared programs of theLutheran Social Services to be a public purpose and the provision of these services to be apredominate purpose of this transaction; and

WHEREAS, the Contractor and the services it provides have been found to meet the criteriafur funding under the RFP: and

WHEREAS. the accomplishment ofthe above public purpose is the predominant purpose ofthis transaction, continuing supervision by the City and State together with statutory and contractualrequirements provide sufficient assurance that this public purpose will be accomplished and an auditprovides sufficient protection of the handling of public money: and

WHEREAS. the City Council had found that the Contractor has the special expertise,knowledge and experience necessary for the pertbrmance of the contract and that the City willreceive adequate consideration in the form of substantial public benefit: and

WHEREAS, the City desires to contract with the Contractor to make available operatingassistance for the Utility Assistance and Household Crisis Program.


SCOPE OF SERVICE

A. GeneralOverviewofProrn:

1. Contractor will use the Comprehensive Energy Assistance Program (CEAP) andCommunity Services Block Grant (CSBG funds awarded to administer theUtility Assistance and Household Crisis Components in the following manner:

CEAP Utility Assistance S456.572CEAP Household Crisis 100,000CEAP Protrram Administration 27.828CEAP Assurance 16 22,263CSBG CEAP Operations 14.000

$620,663


1. City agrees to provide Contractor assistance from the CEAP and CSBG in anamount not to exceed $620,663 in return for Contractor performing the activitiesset forth in this Contract as consideration for said funds.

2. It is expressly understood and agreed by the parties hereto that City’sresponsibilities are contingent upon the actual receipt of adequate funds to meetCity’s liabilities under this contract. If adequate funds are not available to makepayment under this contract, City shall notify Contractor in writing within areasonable time after such fact is determined. City shall terminate this

Contract and will not be liable for failure to make payments to Contractor underthis Contract.

The funds shall be disbursed in the amounts and at the time the funds aredisbursed to the City by the State of Texas. The City is not responsible for anyamounts not distributed by the State of Texas. CSBG funds shall be disbursed inthe amount and at the time funds are disbursed to the City by the State of Texas.The State of Texas has currently released approximately twentyfive percent(25%) of the CSBG funds to the City. Therefore, the City shall currently disburse$3500 in CSBG funds to the Contractor. and will noti1 the Contractor as otherfunds are released.

3. City shall not be liable to Contractor fur any costs incurred by Contractor, orany portions thereof which have been paid to Contractor or which are subject topayment to Contractor, or which have been reimbursed to Contractor or whichare subject to reimbursement to Contractor by any source oilier than City orContractor.

4. City shall not he liable for any costs incurred by Contractor which arc notallowable costs as set forth in the contract.

5. City shall not be liable to Contractor for any costs incurred by Contractor or forany performances rendered by Contractor which are not strictly in accordancewith the terms of this Contract.

6. City shall not he liable to Contractor for an costs incurred by Contractor in theperformance ofthis Contract which have not been billed to City by Contractorwithin sixty (60) days following termination of this Contract.

7. City shall not he liable fur costs incurred or performances rendered byContractor before commencement of this Contract or after termination of thisContract.

8. City’s frnancial assistance will be limited to the following:

a. The assistance made available through this Contract shall be used by theContractor solely for the purpose of the Utility Assistance and HouseholdCrisis Programs and

b. The assistance shall provide funding for expenses incurred within theoperation and scope of the programs.

c. The services provided by the Contractor shall benefit lower-income familiesthat reside in the County of Lubbock and whose gross household income doesnot exceed 125% of the most recent Poverty Income Guidelines issued by theU.S. Department of Health and Human Services.


1. Contractor agrees to use funds made available through this Contract solely for thepurpose of the Utility Assistance and Household Crisis Programs atNeighborhood House. 1318 Broadway.

2. Contractor agrees to comply with applicable uniform administrative requirements.as described in the Lutheran Social Services Policy Manual and generallyaccepted administrative requirements for the Texas State Government located atITAC5.14l et seq. And the federal administrative requirements located at 45CFRPart 96.


4. Contractor agrees NOT to include documentation from a medical professionalsuch as a doctor’s letter, but only include other forms of documentation ofdisability such as Social Security or a Supplemental Security Income statement,and will keep in client’s file to validate eligibility.

I IL TIME OF PERFORMANCE

This Contract shall commence January 1. 2013 and shall terminate December 31. 2013. Theterm of this Contract and the provisions herein may be extended on a year to year basisduring the five year roll-over cycle ending December 2013. provided funds are received fromTDHCA and providing the Contractor meets its contractual obligations during the currentfunding year. subject to board approval and Mayor’s signature.

BUDGETCEAP/CSBG Matching Total Project

Funds Funds FundsAdministration:

Personnel 27,828,00

Program:Utility Assistance 456,572.00Household Crisis 100,000.00Assurance 16 22,263.00CSBG C’EAP Operations 14.00000

TOTAL $ 620,663.00

IV. PAYMENT

City will pay up to S620.663 to Contractor based upon the receipt of request for funds andproject expense summary for the above-described project. Contractor shall submit toCity invoices for items purchased. City shall determine the reasonableness of each purchaseand shall not make disbursement of any such payment until City has reviewed and approvedeach purchase. If need is shown to exist. City staff can release up to 10% of the funds to beused as start-up funding. Contractor will then bill City monthly for expenses occurred duringthe month. By December 31, 2013. Contractor will have provided City with properdocumentation to show how all funds were expended. including the start-up costs.

V. NOTICES

Communication and details concerning this Contract shall he directed to the fullowingContract representatives:

Joe RangelCity of LubbockP. 0. Box 2000

Joy LoperLutheran Social Services13 1 8 Broadway

4

Lubbock. TX 79457 Lubbock. TX 79401


A.

1. Contractor will maintain adequate case management files on each client assisted:whether the case management is funded through this grant or not. and whetherthe case management is provided by the Contractor or not.

2. Contractor will keep adequate documentation of the design of the program, theimplementation of the program. and evaluation of program design.

3. Contractor will keep documentation of their efforts to leverage CEAP fundswith other programs to enhance the services provided to clients.




Contractor agrees to comply with all applicable federal, state and local laws andregulations governing the funds provided under this Contract which were madeavailable under City’s Comprehensive Energy Assistance Program and CommunityServices Block Grant.

Contractor shall administer the Comprehensive Energy Assistance Program (the“CEAP Program”) to eligible clients in accordance with Texas Department ofHousing and Community Affairs (“TDHCA”) CEAP regulations and as out lined inTexas Administrative Code (TAC 10) regulations and the Low-Income Home EnergyAssistance Act of 1981. as amended, 42 U.S.C. Sec. 8621 et seq. (the “LIHEAP Act”Public Law 97-35), and the LIHEAP State Plan; and sections 103 & 107 of theContract Work Hours and Safety Standards Act (40 USC 327-330) as supplementedby Agency of labor regulations (29 CFR. Part 5).

2. Labor Standards

The Contractor agrees to comply with the requirements of the Secretary of Labor inaccordance with the Copeland “Anti-Kickback” Act (40 U.S.C 276a-276a-5; 40 USC327 and 40 USC 26c) and all other applicable Federal. state and local laws andregulations pertaining to the labor standards insofar as those acts apply to theperformance of this contract.

3. Rnzht to Exercise

The City reserves the right to exercise any right or remedy available to it by law.contract, equity, or otherwise, including without limitation, the right to seek any andall forms of relief in a court of competent jurisdiction. Further, the City shall not hesubject to any arbitration process prior to exercising its unrestricted right to seekjudicial remedy. The remedies set forth herein are cumulative and not exclusive, andmay be exercised concurrently. To the extent of any conflict between this provisionand another provision in, or related to. this document, the former shall control.


Nothing contained in this Contract is intended to, or shall be construed in anymanner, as creating or establishing the relationship of employer/employee betweenthe parties. Contractor shall at all times remain an independent contractor withrespect to the services to be performed under this Contract. City shall be exemptfrom payment of all Unemployment Compensation, FICA, retirement, life and/ormedical insurance and Worker’s Compensation insurance as the Contractor is anindependent Contractor.


Grantee shall indenmify and hold harmless, to the fullest extent permitted by law, theCity, and City’s respective officers, employees, elected officials and agents. from andagainst any and all losses, damages, claims or liabilities, of any kind or nature, whicharise directly or indirectly, or are related to. in any way, manner or form. the activitiescontemplated hereunder, including, but not limited to. losses, damages, claims orliabilities arising from or related to, in any way. manner or form, the act or omissionof third parties and/or the negligence or fault of City, its respective officers.employees, elected officials and /or agents. Grantee further covenants and agrees todefend any suits or administrative proceedings brought against the City and;or theCity’s respective officers, employees, elected officials and/or agents on account ofany such claim, and to pay or discharge the full amount or obligation of any suchclaim incurred by. accruing to, or imposed on the City, or the City’s respectiveofficers. employees, elected officials and/or agents. as applicable, resulting from suchsuits, claims and;or administrative proceedings or any matter resulting from thesettlement or resolution of said suits, claims and/or administrative proceedings, inaddition. Grantee shall pay to the City. applicable. all attorney’s fees incurred by suchparties in enforcing Grantee’s indemnity in this section.

The City, and its respective officers, employees, elected officials and agents shall notbe liable and Grantee hereby releases the City. and its respective officers. employees.elected officials and agents, for, from andior against any losses, damages. claims orliabilities to Grantee on am theor of legal liahilitx includmg but not limitcd to thenegligence, of any type ofdegree or fault, of the City. arising from or related to. in

6

any way, manner of form, the unenfurceabilitv or voidance, tbr any reason, of all orpart of this agreement.


D. Worker’s Coipensat ion

Contractor shall provide Worker’s Compensation insurance coverage or otherapproved coverage fbr all employees involved in the performance of this Contract.

E. Insurance and Bonding


Type of Insurance Minimum LiabilityCommercial General Liability S 1,000.000 LimitProperty Damage Liability S 100,000 Each Occurrence

F. City Recognition

Contractor shall insure recognition of the role of City’s COMPREHENSIVEENERGY ASSISTANCE PROGRAM in providing funding through this Contract.All activities, facilities and items utilized pursuant to this Contract shall beprominently labeled as to funding source. In addition, Contractor will include areference to the support provided herein in all publications made possible with fundsmade available under this Contract.

G. Amendments

City or Contractor may amend this Contract at any time. provided that suchamendments make specific reference to this Contract, and are executed in writing,signed by a duly-authorized representative of both organizations and approved byCity Council if required by law. Such amendments shall not invalidate thisContract, nor relieve nor release City or Contractor from its obligations under thisContract.City may, in its discretion, amend this Contract to conform with federaL state orlocal governmental guidelines, policies and available funding amounts, or for otherreasons. If such amendments result in a change in the funding, the scope ofservices, or the activities to be undertaken as part of this Contract. suchmodifications will be incorporated only by written amendment signed by both Cityand Contractor.

Su’io Terminal ion

Either party may terminate this Contract at any time by giving written notice to theother party of such tenninat ion and speciting the effective date thereof at least

thirty (3(3) days hefbre the effective date of such termination, Partial terminationof the Scope of Service in Paragraph “l.B” above may only be undertaken with theprior approval of City. In the event of any termination fur convenience, all finishedor unfinished documents, data, studies, surveys, maps, models, photographs,reports. or other materials prepared by Contractor under this Contract shall at theoption of City, become the property of City, and Contractor shall be entitled toreceive just and equitable compensation fur any satisthctorv work completed onsuch documents or materials prior to the termination.

City may also suspend or terminate this Contract, in whole or in part. if Contractormaterially fails to comply with any term of this Contract, or with any of the rules.regulations, or provisions referred to herein: and the City ma declare theContractor ineligible for any further participation in City contracts, in addition toother remedies as provided by law. In the event there is probable cause to believeContractor is in noncompliance with any applicable rules or regulations, City maywithhold up to fifteen percent (15%) of said contract funds until such time asContractor is found to be in compliance by City or is otherwise adjudicated to bein compliance.

The City may also terminate this agreement in the event of an emergency or disaster,whether an act of God, natural or manmade, by giving twenty-four (24) hour notice.The City may give said notice verbally to Grantee. Any expenditure incurred prior toreceiving notice will be reimbursed; however, in no event shall the City pay anyexpenses incurred after notice of termination is received by Grantee.

J. Prevention of Waste, Fraud, and Abuse

Contractor shall establish, maintain, and utilize systems and procedures to prevent,detect, and correct waste. fraud, and abuse in activities funded under this contract.The systems and procedures shall address possible waste, fraud, and abuse byContractor, its employees, recipients, vendors, and administrating agencies.Contractor’s internal control systems and all transactions and other significant eventsare to be clearly documented, and the documentation is to be readily available formonitoring by City.

Contractor shall give Department complete access to all of its records. employees,and agents for the purposes of any investigation of the funded programs. Contractorshall immediately notify City of any discovery of waste. fraud or abuse. Contractorshall fully cooperate with City’s efforts to detect, investigate, and prevent waste,fraud and abuse in the funded program.

Contractor may not discriminate against any employee or other person who reports aviolation of the terms of this contract or of any law or regulation to the City or to anyappropriate law enforcement authority, if the report is made in good faith.

K. Legj Remedies

8

In instances where the Contractors violate or breach this Contract, the City may applyadministrative, contractual, or legal remedies. The City may suspend all activitiestemporarily pending either corrective action by the Contractor or a decision b theCity to terminate this contract.

L. gy

Contractor represents that it possesses the practical ability and legal authority to enterin to this contract. receive and manage funds authorized by this contract. and toperform the services Contractor has obligated itself to perform under this contract.

The person signing this contract on behalf of Contractor herby warrants that heshehas been authorized by Contractor to execute this contract on behalf of Contractorand to bind Contractor to all terms herein set thrth.



1. Accounting Standards

Contractor agrees to comply with Attachment F of 0MB Circular A- 110and agrees to adhere to the accounting principles and procedures requiredtherein, utilize adequate internal controls, and maintain necessary sourcedocumentation fbr all costs incurred.

2. Cost Principles

Contractor shall administer its program in conformance with 0MBCirculars A-122, “Cost Principles for Non-Profit Organizations”, or A-21,“Cost Principles for Educational Institutions”, as applicable, for all costsincurred whether charged on a direct or indirect basis.

B.


Contractor shall maintain all records required by the State of TexasDepartment of Housing and Community Affairs, and that are pertinent tothe activities to be funded under this Contract.

. Retention

Contractor shall retain all record pertinent to expenditures mcurred underthis Contractor for a period of five (5) years after the tennination of allactivities funded under this Contract. or after the resolution of all Stateaudit findings, whichever occurs later.

9

3. Client Data

Contractor shall maintain client data demonstrating client eligibility forservices provided. Such data shall include, but not be limited to: totalnumber of inthrmation and referral calls received and broken down intosubject categories for every call: specific information obtained throughrandom screening of calls such as income level, gender, race, age,education-level, and household size. Such information shall be madeavailable to City monitors or their designees for review by the 10th day ofevery month.

4. Audits and Inspections

All Contractor records with respect to any matters covered by thisContract shall be made available to City, their designees or the StateGovernment, at any time during normal business hours, as often as City orState deems necessary, to audit, examine, and make excerpts or transcriptsof all relevant data, both financial and programmatic. Any deficienciesnoted in audit reports must he fully cleared by Contractor within thirty(30) days after receipt by the Contractor. Failure to comply with theabove audit requirements will constitute a violation of this Contract andmay result in the withholding of future payments.


1. Financial Record Reports


2. Qpcration Reports


VIII. PERSONNEL AND PARTICiPANT CONDiTIONS

lRights

Contractor agrees to comply and to require all subcontractors to comply with TitleVi of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Actof 1968 as amended, Section 109 of Title I of the Housing and CommunityDevelopment Act of 1974. Section 504 of the Rehabilitation Act of 1973, the

it)

Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975.Executive Order 11063. and with Executive Order 11246 and the regulationsissued under the order at 41 CFR chapter 60.

No person shall on the ground of race. color, religion, sex. national origin, age.disability, political affiliation or belief be excluded from participation in. he deniedthe benefits of: be subjected to discrimination under, or be denied employment in theadministration ofor in connection with any program or activity funded in whole or inpart with funds made available under this contract.

B. Conduct

a. Prohibit Political Activity and Lobbying

Lobbyip,g


a. No Federal appropriated funds have been paid or will be paid, by or on behalfof it. to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress. or an employee of a Member of Congress in connection with theawarding of any Federal contract, the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federalcontract, grant, loan, or cooperative agreement;

b. If any funds other than Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any agency. a Member of Congress. an officer or employee ofCongress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement. it will complete andsubmit Standard Forrn-LLL, “Disclosure Form to Report Lobbying.” inaccordance with its instructions;

c. It will require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants.and contracts under grants. loans, and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly: and

None of the funds provided under this contract shall he used for influencing theoutcome of any election, or the passage or defeat of any legislative measure. Thisprohibition shall not be construed to prevent any official or employee ofContractor from furnishing to any member of its governing body upon request, orto any other local or official not considered under law to be confidentialinfbrmation. Any action taken against an employee or official for supplying such

11

information shall subject the person initiating the action to immediate dismissaltm m emplo vment.

No funds provided under this Contract may be used directly or indirectly to hireemployees or in any other way fund or support candidates fur the legislative.executive, or judicial branches of government of Contractor, the State of Texas, orthe government of the United States.

None of the funds provided under this contract shall he paid to any official oremployee who violates any ofthe provisions of this section.

b.


No person (1) Who is an employee, agent, consultant, officer, or official of thecontractor and who exercises or has exercised any functions or responsibilities withrespect to assisted contract activities; or (2) Who is in a position to participate in adecision making process or gains inside information with regard to such activities.may obtain a personal or financial interest or benefit, direct or indirect, in anycontract, subcontract, or agreement with respect thereto, or the proceeds therei.inder, either for themselves or those with whom they have familiar or business ties,during their tenure.


C. Air &Water


Clean Air Act, 42 U.S.C., 7401, et seq.Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251. et seq.. asamended, 1318 relating to inspection, monitoring, entry, reports, and information, aswell as other requirements specified in said Section 114 and Section 308. and allregulations and guidelines issued thereunder.

12

IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.

CITY OF LUBBOCK LUTHERAN SOCIAL SERVICESOF THE SOUTH

Glen C. RobertsonMAYOR

ATTEST:



/2Phy1iiBrown, interim DirectorComthunity Development


Amy Sims Assistant City Attoev

Kt Si’ske C’€oAUTHORIZED REPRESENTATIVE

FED. i.D.# ‘7j

13


InformationAgenda ItemContract Resolution - Technology: Consider a resolution authorizing the Mayor to execute Amendment 1 toContract 10956, dated December 17, 2012, with EnerGov Solutions, LLC.

Item SummaryThis is an amendment to the previously approved contact with Energov Solutions, LLC for Integrated Permit,License and Land Management Solutions. On November 30, 2012, after a contract was negotiated with EnergovSolutions, LLC, the company was acquired by Tyler Technologies, Inc. The contract signed by the Mayoridentified Energov Solutions, LLC as a subsidiary of Tyler Technologies, Inc. In fact, the company has beenacquired by Tyler Technologies, Inc. in such a manner that Energov Solutions, LLC no longer exists. TylerTechnologies requested this amendment to clarify the acquisition by replacing any contract references to EnerGovSolutions, LLC with Tyler Technologies, Inc. Otherwise the contract is unchanged.

EnerGov Solutions, LLC is now part of Tyler Technologies local government division, which is headquartered inLubbock. Implementation of the permit and license software will begin with the identification of the projectmanagement team complete, initial discovery, information gathering and an onsite kickoff scheduled for earlyMarch 2013.

Fiscal ImpactNone.

Staff/Board RecommendingMark Yearwood, Assistant City Manager and Chief Information Officer

AttachmentsResolution and Contract - Energov


InformationAgenda ItemContract Resolution - Fleet Services: Consider a resolution authorizing the Mayor to execute purchase ordercontract 31013428 with Roberts Truck Center for Refuse Collection Cab and Chassis, BID 13-11103-RH.

Item SummaryThe purchase order contract with Roberts Truck Center is for eighteen refuse collection cabs and chassis forthe Solid Waste Department. The trucks are left hand drive, with rear axle and diesel-powered and at 56,000 GrossVehicle Weight Rating (GVWR). The trucks will be used for residential refuse collection. The replacement is thecontinuation of the replacement plan of solid waste trucks to reduce overall maintenance costs. City of Lubbock specifications for vehicles and equipment states, "Equipment furnished for the specification shallmeet all applicable requirements of the Environmental Protection Agency's Exhaust Emission Standards (940 CFR85), as issued under authority of the Clean Air Act, as amended, (42 USC 1857, et seq.). It shall be theresponsibility to the vendor to ensure that the equipment furnished meets the most recent requirements of allapplicable laws. In the event equipment is furnished that is not in compliance with the law, it shall be theresponsibility of the vendor to make all necessary modifications to the equipment required to achieve compliancewith these laws."

The lowest bidder submitted documentation to support their compliance to the EPA exhaust emissions standards. The certificate of conformity is attached and was verified through the EPA Office of Transportation and AirQuality.

Bids were received from following companies:

Roberts Truck Center, Lubbock, TX $1,410,822 Lubbock Truck Sales, Lubbock, TX 1,430,064 The bid tabulation is provided.

Staff recommends bid award to the lowest bidder meeting specifications, Roberts Truck Center of Lubbock, Texas,for $1,410,822.

Fiscal ImpactThe trucks are approved in the Adopted FY 2012-13 Master Lease Program.

Staff/Board RecommendingScott Snider, Assistant City Manager

Attachments

Resolution & PO - Roberts Truck CenterBid Tabulation Form - Roberts Truck CenterEPA - Certificate of ConformityPhoto - Refuse Collection Cab & Chassis

RESOLUTION


TI-IAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute lhr and on behalf of the City of Lubbock. Purchase Order No. 31013428 for thepurchase of refuse collection cab and chassis as per ITB 13-1 1103-RI-I, by and betweenthe City of Lubbock and Roberts Truck Center, and related documents. Said PurchaseOrder is attached hereto and incorporated in this resolution as if fully set forth herein andshall he included in the minutes of the City Council.


________________ ______


ATTEST:

Rebecca (3 arza. City Secreta


1

Scott Snider. Assistant City ManagerCommunity Services

APPROVEI) AS TO FORM:/‘

/7/ /

/—

— —


cedocs. RES Roberts Truck CentertPurchaseOrdJanuar 5. 20 i 3

Ordered 01/04/2013

Requested 01/04/201 3

Delivery PER M.TREVINO/REQ 40879

Freight

Taken By

ITB 13-1 1103- RH

B ranchi’Plant

D.TORRES

3526

Description/Supplier Item

Relitse Collection Cab-Chassis

Spec 8762-LI!

Ordered

18.000

Unit Cost UM

78,379.0000 HA

Extension Request Date

Total Order

1,410,822.00 07/30/2013

terms NOF IT) E()M 1.41 0,822.Ot)

Thts purchase order encumbers funds in the amount of SI ,4 10,822 awarded to Roberts Truck Center

February 14. 2013. The following is incorporated into and made art of this purchase order by reference:form dated December 17, 2012 from Roberts Truck Center of Lubbock, Texas. Resolution#_______________________

of Lubbock, Texas onITB 13-1 1103-RH bid

CITY OF LUBBOCK ATTEST:

PURCHASE ORDER

TO:

ROI3ERTS TRUCK CENTER4510 AVENUE AP0 BOX 3890LUBBECK Texas 79452 3890

Page - 1

01/29/2013

Order Number 31013428 000 OP

SHIP TO:

CITY OF LUBBOCKFLEET SERVICES206 MUNICIPAL DRIVELUBI3OCK Texas 79403

INVOICE TO: CITY OF LUBBOCKACCOUNTS PAYABLEP.O. BOX 2000LUBBOCK, TX 79457 BY:______________________________________

Marta Alvarez, Direct of Purchasing & Contract Management

Glen C. Robertson, Mayor Rebecca Garza, City Secretary

ITH 131 1103-RH, Refuse Collection Cab and Chassis

City of Lubbock, Texas

Purchasing and Contract Management

Refuse Collection Cab and Chassis

BID FORM

In compliance with the Invitation to Bid 13-11103-RH, the undersigned Bidder having examined the Invitation to Bid andSpecifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and forthe prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions,alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviouslyunbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 13-I 1103-RHis by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter.

Unit DeliveryITEM QTY of DESCRIPTION UNIT PRICE* EXTENDED (Days)

(+1-) Measure BID COST ARO**

Left Hand Drive, Tandem Drive Rear ‘iô- z°18 Each

Axle, Diesel Powered, 56,000 lb GVWR, 7 g ]q s I, 4tq $32.ZRefuse Collection Cab and Chassis, perSpecification No. 8762-LH

Eachded\Varranersecifiations

sj-

Model Year, Brand Name and Model Number: 2.ô j 4 I-4L 7 4cc

*pRICE: F.O.B. Destination, Freight Pre-Paid and Allowed**ARO

— After Receipt of OrderUnless otherwise specified herein, the City may award the bid either item-by—item or on an all-or-none basis for any item orgroup of items shown on the bid.

PAYMENT TERMS AND DISCOUNTS - Bidder offers a prompt payment discount of _%, net

______

calendar days. Unlessotherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder withinthirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for promptpayment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated numberof calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contractrequirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered.

MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else,including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on thesale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not includeany provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to anyother customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than providedherein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period inwhich such lower price(s) is effective.

INTERLOCAL PURCHASING (opIiona?): The City desires to make available to other local governmental entities of the State ofTexas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for bythe Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for theperiod of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor PoliticalSubdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate inthis contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply?

Other governmental entities that might have interests in this contract are Frenship Independent School District, Lubbockhousing Authority, Lubbock County, Lubbock County hospital District, Lubbock Independent School District, South PlainsAssociation of Governments, City of Texarkana, Texas Tech University, West Texas Municipal Power Agency, Lynn Countyand City of Wolfforth.

4

ITB 13-1 1103-RH, Refuse Collection Cab and Chassis

YES

___________________

• If you (the bidder) checked YES, the following will apply:• (1oLrnmLnt ii LntitIC’ uttlizin lntrlo ii \uunLnts br C oopLrm L Purch ismg ith the C it’v oft ubbock ‘s ill bL cligihh.

hut not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases bygovernmental entities other than the City of Lubbock will be billed directly to that governmental cntity and paid by thatgovernmental entity. City of Lubbock will not be responsible for another governmental entity’s debts. Each governmentalentity will order their own materials/service as needed.

THIS BID IS SUBMITTED a(i corporation organized tinder the laws of the State of

((,or a partnership consisting of__ or individual trading as

of the City of

_____

Firm:ZQ4

______________

Address: 45 10 jj_

________________________

State:]X Zip_74__

Bidder acknowledges receipt of the following addenda:

AddendaNo. i Date 1Z1S1LAddenda No. Date

_____

Addenda No. Date_____Addenda No. Date

MIWBE Firm:I

1. ame2. Name

Please Print

Woman Black American Native AmericanI Hispanic American Asian Pacific Americj Other (Specify)

Email Address:

Any entity or person that manufactures, distributes, converts new motor vehicles (or represents an entity that manufactures, distributes,or converts new motor vehicles) or is in the business of buying, exchanging, or selling new motor vehicles is required under the Tex.0cc. Code. Chapter 2301 to be licensed by Motor Vehicle Division of the Texas Department of Transportation. In order for a bid tobe in compliance with the Motor Vehicle Commission Code, the bidder must hold and provide all applicable current valid licensesissued by the State of Texas:

_____________________________

and Manufacture’s License No.__________________________________

_____________________________

and Converter’s License No.____________________________________3. Name_______________________________ and Representative’s License No.__________________________________4. Name £b4- C.4kc and Franchise Dealer’s License No. ‘? 10 2_2.1.General Distinguishing No.________________________________________ (Franchised TX dealer)

_______________________

Date:A Ut — d Representative mist sign 1w hand

Oflieer Name and Title:_____________________

_____________________________________________________________

Business Telephone Number I 8 bt’ 3 ar FAX: / 744 s4 j’1

RETURN COMPLETFI) & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.

LABEL filE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DAI’E AND ‘liME, ANDYOUR COMPANY NAME AND ADDRESS.

Cit of Lubbock, TxFleet Services


BID 13-11103-RHRefuse Collection Cab and Chassis

Item Qty UOM DescriptioniVendor Location Unit Price Extended CostI 18 EA Refuse Collection Cab and Chassis per spec 8762-LH

Roberts Truck Center Lubbock, TX 78,379 $ 1,410,822Lubbock Truck Sales Lubbock, TX 79,448 1.430.064

QjURASE\Bd [rnyr - R hi Ql)13k13-l 11)3-RH TB R1 o(HHion (hrH Ch,s ConHl PakhFiNAL Bid 3, 13-) 133-RH

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF TRANSPORTATION AND AIR QUALITY WASHINGTON, DC 20460

CERTIFICATE OF CONFORMITY

Pursuant to Section 206 of the Clean Air Act (42 U.S.C. section 7525), 40 CFR Part 86, and subject to the terms andconditions prescribed in those provisions, this certificate of conformity is hereby issued with respect to the test engineswhich represent the following motor vehicle engines, by engine family, and is subject to the terms and conditionsprescribed in those provisions.

This certificate of conformity covers only those new motor vehicle engines which conform in all material respects to thedesign specifications that applied to those engines described in the documentation required by 40 CFR Part 86 and whichare produced during the model year stated on this certificate of the said manufacturer, as defined in 40 CFR Part 86.

This certificate of conformity is conditional upon compliance of said manufacturer with the averaging, banking andtrading provisions of 40 CFR Part 86, Subpart C. Failure to comply with these provisions may render this certificate voidab initio.

It is a term of this certificate that the manufacturer shall consent to all inspections described in 40 CFR 86.096-7, 86.606,and 86.1006 and authorized in a warrant or court order. Failure to comply with the requirements of such a warrant orcourt order may lead to revocation or suspension of this certificate for reasons specified in 40 CFR Part 86. It is also aterm of this certificate that this certificate may be revoked or suspended or rendered void ab initio for other reasonsspecified in 40 CFR Part 86.

This certificate does not cover engines sold, offered for sale, or introduced, or delivered for introduction, into commerce inthe U.S. prior to the effective date of the certificate.

2012 MODEL YEAR

Manufacturer:Engine Family:

GREG OREHOWSKY

g/[email protected]

MHDDIntended Service Class:DIESELFuel Type:NMHC + NOx: 0.45NOx: PM:

Certificate Number:

FELs:

NAVISTAR, INC.CNVXH05700GANVX-ONHWY-12-04

Effective Date:

Karl J. Simon, DirectorCompliance and Innovative Strategies DivisionOffice of Transportation and Air Quality

10/5/2011Date Issued: 10/5/2011

Large CI

Bid 13-11103-RH, Refuse Collection Cab and Chassis

Item 1


InformationAgenda ItemOrdinance 1st Reading – Right-of-Way: An ordinance abandoning and closing a 40-foot wide temporarydrainage easement located in Section 43, Block AK, Lubbock County, Texas, 2610 Milwaukee Avenue.

Item SummaryThis ordinance abandons and closes a 40-foot wide temporary drainage easement located in Section 43, Block AK,along the south side of 26th Street and west of Milwaukee Avenue, adjacent to Tract B, Elm Park. TigrisDevelopment, the owner of the property, has requested the closure of the temporary drainage easement. Newdrainage easements will be dedicated through the platting process.

The Public Works Engineering Department is in agreement with the easement closure.

Fiscal ImpactNone.


AttachmentsOrdinance - Temporary Drain Easement


InformationAgenda ItemContract Resolution - Fire Department: Consider a resolution authorizing the Mayor to execute purchase ordercontract 10007652 with DACO Fire Equipment for purchase of a Rosenbauer 1250 GPM Pumper and aRosenbauer HP78 Aerial Quint.

Item SummaryThe purchase order contract is for a Rosenbauer 1250 GPM Pumper and a Rosenbauer HP78 Aerial Quint meetingthe latest NFPA standard 1901 for Automotive Fire Apparatus. The Rosenbauer 1250 GPM Pumper will beconstructed to pump water and carry equipment for firefighting emergency applications. It will go into front-lineservice and replace an older unit that will be pulled and placed into reserve status. The Rosenbauer HP78 AerialQuint will be constructed to pump water, carry equipment and include a 78-foot ladder for firefighting emergencyapplications. The purpose of this acquisition is to replace a front line 75-foot Quint fire apparatus at Fire Station 10that will undergo refurbishment and placed back into service at Fire Station 16. Refurbishing the 75-feet Quint willsave approximately half the cost of acquiring a new unit and extend its service life approximately 10 years.

The $1,074,272 purchase is from DACO Fire Equipment of Lubbock, Texas, throughthe Houston-Galveston AreaCouncil (HGAC) contract FS12-11, Product Codes DC05 and DA11. HGAC is a regional planning commissioncreated under Acts of the 59th Legislature, Regular Session, 1965, recodified as Texas Local Government Code,Chapter 391. The HGAC program was established pursuant to the Texas Interlocal Cooperation Act allowinggovernmental and qualifying non-profit entities to use the Act to obtain commonly needed products and services.HGAC purchases conform to the requirements of Texas competitive bid statutes.

Fiscal ImpactAward of the contract is recommended to DACO Fire Equipment of Lubbock, Texas in the amount of $1,074,272through HGAC contract FS12-11, Product Codes DC05 and DA11. Funding of this acquisition is approved in FY2012-13 Master Lease and is $728 under budget. The price reflects a $10,000 discount, $2,000 HGACadministrative fee savings attributed to both apparatus being purchased under a single purchase order and a $15,816savings in interest with the pre-purchase of a chassis.

Staff/Board RecommendingMike Kemp, Fire Chief

AttachmentsResolution, PO & Quote - DACO

RESOLUTION


THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute Ibr and on behalf of the City of Lubbock, Purchase Order No. 10007652 for thepurchase of Rosenbauer Pumper/Rosenbauer Quint as per HGAC Contract No. FS 1 2 11,by and between the City of Lubbock and DACO Fire Equipment, and related documents.Said Purchase Order is attached hereto and incorporated in this resolution as if fully setforth herein and shall be included in the minutes of the City Council.


____________________


ATTEST:



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vw:ccdocs!RES.Daco Fire & Safetv-PurchaseOrdJanuary 31, 2013

Page

Ordered 01131/2013

Requested 01/01/2014 Taken ByDelivery PER SALAZAR_R REQ 1200 l.-1C A CCMTD A r’T 44 UC I 1 1 I

CITY OF LUBBOCKCENTRAL FIRE STATION COMPLEXRAUL SALAZAR1515 EAST URSULINELUBBOCK Texas 79401

D GAMBOA

Description/Supplier Item

Rosenbauer Pumper 1250 GPM Pump

Rosenbauer Quint 78’ Rear Mount Ladder

Ordered

1.000

1.000

Unit Cost UM

437,349.0000 EA

636,923.0000 EA

-- Extension Request Date

437,349.00 01/01/2014

636,923.00 01/01/2014

Terms NET 30 [)AYS

Total Order

1.074.272.00

This purchase order encumbers funds in the amount of $1,074,272 awarded to DACO Fire Equipment of Lubbock,Texas, on February 14, 2013. The following is incorporated into and made part of this purchase order byreference: HGAC Contract FS 12-11 Price quotation dated January 28, 2013 from DACO Fire Equipment ofLubbock, Texas Resolution#________________

CITY OF LUBBOCK ATTEST:

ciof PURCHASE ORDER

plubbockI

FO:DACO FIRE SAFETY EQUIPMENT201 AVENUE RP.O. BOX 5006LUBBOCK Texas 79408 5006

Date — 01.1312013

Order Number 10007652 000 OP

Branch/Plant 56 15

SHIP TO:

INVOICE TO: CITY OF LUBBOCK 11ACCOUNTS PAYABLE t IP.O. BOX 2000 1\hl I LI.UBBOCK. TX 79357 BY:

‘ UI )Marta .\lvarez. Ditector of Purchasing & (‘ontract Management

Freight

Glen C. Robertson, Mayor Rebecca Garza, City Secretary

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Descption

CONTRACT PRICING WORKSHEET

ftr MOTOR VEHICLES In The State Of Texas

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Code

Subtotal From Additional Sheet(s):

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Description

Subtotal From Additional Sheet(s):

Subtotal D:

xSubtotal F:

C. Trade-In/Other Alloances

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Total Purchase Price(E+F+G):I

Estimated Delivery Date: 330

This Form ttliist be prepared hi Contrartor, and pro ruled to End tser to attach to Purchase Order, will, copy to 1I—Gi CThe Fl—G1 (JOe shall he calculated mid shown as a separate line item.

BU5IIL( I I 01 1 BROC K ( onO Irtor D \C 0 FIRE FQt IP\IF\T

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( OittfttPrepared Bs’: STEVE DAVIS

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Phone: l’honc: 8 1 7—28 I —4 I 72

I.OCaiIOlllLBI3OUK. 1 EXAS Contract No.: FS 12-I

Stale:

Date: I 8-Dec-12 Product Code: DCO5

Product Spartan, 4-Door Full-Tilt 96 Wide Aluminum Cab. Pumper, Formed Aluminum Body. Single Axle. 1250 GPM Pump. Side

Description: MOITSfO

A Item Base Unit Price Per Il-GAC Contract 2824()

B. Published Options (Itemize below and attach additional sheet(s)_if_necessary)

Code Description Cost Code Description Cost

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LocationLI I3BOCK. TEXAS Contract so.: ES] 2-1 1

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Date: 28-Jan-13 Product Code: DA I I

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1 I

A Item Base Unit Price Per H GAC Contract 4 2 166/

B. Published Options (Itemize below and attach additional sheet(s)_if_necessary)


Subtotal From Additional Sheet(s): 152825

Subtotal B: 152,825

Note: Published Options are options subirtted with the contractor’s bid.C. Unpublished Options (Itemize below and attach additional sheet(s) if necessary)


Subtotal From Additional Sheet(s): -29255

Subtotal C: i29.255)

Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B), For thisu ailsaction, the percentage is

I). Other Price_Adjustments_(E.G._Installation,_Freight,_Delivery,_Etc.)

Pre pay chasssis at delivery -83 12

Subtotal D: (8.312)

E. Unit Cost of Item Before Any Applicable Trade-In/Other Allowaiices(A+B±C+D)

jQuaIItit Ordered X

F. H-GAC Fee Calculation (From Current Fee Tables)

63(923

Subtotal 0: -

CONTRACT PRICING WORKSHEETftr MOTOR VEHICLES In The State Of Texas

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InformationAgenda ItemOrdinance 2nd Reading - Environmental Health: Consider Ordinance 2013-O0015 amending Chapter 8,"Businesses and Amusements," Article 8.10, "Tattoo and Body Piercing Establishments," of the Code ofOrdinances of the City of Lubbock, Texas, with regard to tattoo studios and body piercing studios by permittingtattooing and/or body piercing at temporary locations under certain conditions and providing for immediate closureof studios or temporary locations in cases of certain diseases; providing a penalty; providing a savings clause; andproviding for publication.


The City of Lubbock tattoo and body piercing (body art) ordinance was last updated in 2004. Temporary locationswere prohibited by the City, although they were allowed under the Texas Administrative Code, Title 25, Chapter229, Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios. This proposed amendmentwill allow temporary body art locations to operate within the city limits of Lubbock, under certain conditions.

A temporary location is defined as a location at which tattooing or body piercing is performed for a specifiedlength of time not more than seven days in conjunction with a single event. The location must consist of acompletely enclosed, permanent building. Locations in tents, under canopies, or in open-air environments are notallowed. For events that feature more than one temporary location, each temporary location must be permittedseparately.

The permit fee for each temporary location will be $100 for tattoo or body piercing for a specified length oftime not to exceed seven days, or $200 for tattoo and body piercing for a specified length of time not to exceedseven days.

In addition, the proposed ordinance provides for immediate closure if a client is exposed to or contracts acommunicable disease or skin disease while receiving a tattoo or body piercing at a studio or temporary location.

At its meeting on December 21, 2012, the City of Lubbock Board of Health voted unanimously to recommend theamended ordinance for adoption by the City Council.

Fiscal ImpactAt this time, it is estimated that temporary body art facility permit fees will generate annual revenue ofapproximately $1,500.

Staff/Board RecommendingCity of Lubbock Board of Health

AttachmentsChapter 8 Redline - Environmental HealthBoard of Health - Minutes 12-21-12

ARTICLE 8.10 TATTOO AND BODY PIERCING ESTABLISHMENTS*

Division 1. Generally

Sec. 8.10.001 Scope

This article provides for the rules for the licensing and regulation of tattoo and certain body piercing studios and temporary locations. (1983 Code, sec. 14-276(a); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004)

Sec. 8.10.002 Compliance required

(a) All tattoo and certain body piercing studios and temporary locations shall comply with the minimum standards specified in this article in addition to the existing standards contained in the Tattoo and Certain Body Piercing Studio Act, Texas Health and Safety Code, chapter 146, and the Health and Safety Code, chapter 431, the Texas Food, Drug, and Cosmetic Act, relating to drugs, devices, and cosmetics, including adulteration and misbranding, including all regulations adopted pursuant thereto.

(b) All tattoo and certain body piercing studios and temporary locations should comply with applicable provisions of the Americans with Disabilities Act.

(1983 Code, sec. 14-276(c), (d); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004)

Sec. 8.10.003 Definitions

The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:

Act. The Tattoo and Certain Body Piercing Studio Act, Texas Health and Safety Code, chapter 146.

Antiseptic. An agent that kills disease-causing microorganisms on human skin or mucosa.

Artist. A person who performs tattooing, permanent cosmetics, and/or body piercing, and who is responsible for complying with the provisions of these sections.

Aseptic technique. A hygienic practice which prevents and hinders the direct transfer of microorganisms, regardless of pathogen site, from one person or place to another person or place.

Authorized agent. An employee of the department designated by the health administrator to enforce this article.

Body piercer. A person who performs body piercing and who is responsible for adherence to the provisions of these sections; hereinafter referred to as “artist.”

http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=56&z2collection=lubbock&showInToc=false

Body piercing. The creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration.

Body piercing studio. A permanent, nondwelling building or portion of a building, designated by a permit holder and located in accordance with applicable local zoning codes where body piercing is performed, completely separated from living quarters; hereinafter referred to as “studio.”

Client. A person requesting the application of a tattoo or certain body piercing.

Contaminated waste. Any liquid or semiliquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious material, as defined in 29 Code of Federal Regulations, part 1910.1030, known as Occupational Exposure to Bloodborne Pathogens. Copies of this provision are indexed and filed in the office of the Drugs and Medical Devices Division, Texas Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours.

Cosmetic. An article or substance intended to be rubbed, poured, sprinkled, or sprayed on or introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering appearances; or an article or substance for use as a component of such an article, except that the term does not include soap.

Department. The City of Lubbock Environmental Health Department.

Disinfectant. An agent that kills disease-causing microorganisms on inanimate objects or surfaces.

Ear piercing. The creation of an opening in an individual’s earlobe with an ear piercing gun to insert jewelry or other decoration.

Ear piercing gun. A device that pierces an individual’s ear using a single-use stud and clasp ear piercing system. An ear piercing gun shall not be used to pierce any other part of the body besides the ear.

Germicidal soap. An agent designed for use on the skin that kills disease-causing microorganisms, including but not limited to, products containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.

Germicidal solution. An agent that kills disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer registered with the Environmental Protection Agency and or a 1:100 dilution of 5.25 percent sodium hypochlorite (household chlorine bleach)

and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces.

Gloves. Means those which are disposable and single use, and are labeled for surgical or examination purposes.

Hand-washing facility. Sink equipped with hot and cold or tempered running water under pressure, used for washing hands, arms, or other portions of the body.

Health administrator. Health director for the City of Lubbock Health Department or his or her designee.

Health care practitioner. A person licensed by the state to practice medicine.

Instruments. Hand pieces, needles, needle bars, hemostats, forceps, pliers, and other items that may come in contact with a client’s body or possible exposure to bodily fluids during the tattoo and body piercing procedures.

Jewelry. Any personal ornament inserted into a pierced area, which must be made of surgical implant grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold (minimum of 6A14V), platinum, titanium, niobium, or a dense, low porosity plastic approved by the manufacturer for use in new piercings, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

Managing conservator. A person, licensed child-placing agency, or authorized agency designated by a court as having the right to possession of the child, and the right to consent to medical, surgical, dental, and psychological treatment of the child.

Permanent cosmetics or makeup. Tattooing colored pigment along the upper or lower margin of the eyelids, or into the skin of the eyelids, eyebrows, lips, cheeks or other parts of the face for cosmetic purposes.

Permit holder. A person who owns, operates, or maintains a tattoo studio, tattoo and body piercing studio, and body piercing studio, or temporary location in compliance with these sections.

Sanitize. To treat a clean surface and kill pathogenic microorganisms.

Sharps. Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, needles, scalpel blades, and razor blades.

Sharps container. A puncture-resistant, leakproof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the international biohazard symbol.

Single use. Articles intended for one-time, one-person use and which are to be discarded after such use.

Sterilization area. A separate room or area separate from workstations with restricted client access in which tattoo and body piercing instruments are cleaned, disinfected, and sterilized.

Surgical body modification. Extreme modification of any part of the body in which muscle and/or cartilage are cut for the purpose of reshaping the body part. The term includes, but is not limited to, tongue splitting, genital bifurcation, or ear reshaping. The term does not include piercing.

Tattoo, tattooing. The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related devices including permanent cosmetics. The term includes the application of permanent cosmetics.

Tattoo and body piercing area. The portion of the tattoo or body piercing studio or temporary location used for applying tattoos or performing body piercing, including all surrounding areas which are likely to come into contact with contaminated waste.

Tattooist. A person who performs tattooing or applies permanent cosmetics and who is responsible for adherence to the provisions of these sections; hereinafter referred to as “artist.”

Tattoo studio. A permanent, nondwelling building or portion of a building, designated by a permit holder and located in accordance with applicable local zoning codes where tattooing or permanent cosmetic application is performed, completely separated from living quarters; hereinafter referred to as “studio.” Temporary locations are not allowed.

Temporary location. A location at which tattooing or body piercing is performed for a specified length of time of not more than seven days in conjunction with a single event. The location must consist of a completely enclosed, permanent building. Locations in tents, under canopies, or in open-air environments are not allowed. For events that feature more than one temporary location, each temporary location must be permitted separately.

Tongue splitting. Cutting of a human tongue into two (2) or more parts.

Universal precautions. A method of infection control in which employees treat all blood and body fluids as to contain all bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.

(1983 Code, sec. 14-277; Ordinance 2004-O0078, sec. 2, adopted 7/15/2004)

Sec. 8.10.004 Enforcement and penalties

(a) Injunction. If it appears that a person has violated or is violating the City of Lubbock Code of Ordinances or state law with regard to this article, the city council may direct the city attorney to institute a civil suit for injunctive relief.

(b) Criminal penalty. Any person, firm, or corporation violating any provision of this article shall be fined in accordance with the City of Lubbock Code of Ordinances for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(1983 Code, sec. 14-289(c); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004)

Sec. 8.10.005 Physical facilities

(a) A studio or temporary location must be in a permanent, nondwelling building or portion of a building which must be in a location which is permissible under local zoning codes, if any. The studio shall be separated from living quarters by complete floor-to-ceiling partitioning and shall contain no access to living quarters. Temporary locations are not allowed.

(b) The studio or temporary location shall be maintained in a sanitary condition.

(1) Work surfaces shall be cleaned and sanitized with a germicidal solution.

(2) Other environmental surfaces shall be cleaned with an all-purpose detergent disinfectant.

(c) The walls, ceilings, and floors shall be kept in good repair. The tattoo and body piercing area shall be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, and easily cleaned.

(d) Studios or temporary locations shall have adequate lighting of at least fifty (50) footcandles of illumination in the tattooing, body piercing, and sterilization area.

(e) Adequate mechanical ventilation shall be provided in the studio or temporary location.

(f) Each studio or temporary location shall be equipped with hand-washing facilities for its personnel with unobstructed access to the tattoo and body piercing area such that artists can return to the area without having to touch anything with their hands. New studios shall be equipped with hand-washing facilities within ten (10) feet of the site

where the tattooing or body piercing is performed; for example the chair, table or stool where a person receives the tattoo or body piercing. Hand-washing facilities shall be equipped with hot and cold or tempered running water under pressure; liquid germicidal soap; single-use towels or other approved hand-drying devices; and a covered refuse container. Such facilities shall be kept clean and in good repair. Temporary locations may use portable, commercially manufactured hand-washing stations asso long as provisions are made to ensure the availability of clean, potable water for hand-washing, and for the disposal of waste water according toin accordance with local and state laws.

(g) Animals are not permitted in the studios or temporary locations except for guide or service animals accompanying persons with disabilities, or non-mammalian animals in enclosed glass containers such as fish aquariums, which shall be outside the tattooing, body piercing, and sterilization area.

(h) Use of tobacco products shall be prohibited in the tattoo, body piercing, and sterilization area. Consumption of alcoholic beverages shall be prohibited in the studio or temporary location.

(i) The studio or temporary location shall be kept free of rodents and vermin and protected from infestation by insects.

(j) If tattooing or body piercing is performed where other non-tattooing or non-body piercing services are provided, it shall be provided in an area that is physically separate, and with protection from other activities to avoid the transfer of disease-causing microorganisms or other irritant particles into the artist’s workstation or sterilization area.


Sec. 8.10.006 Personnel responsibilities

(a) All artists while tattooing or body piercing shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

(b) All artists shall wash their hands thoroughly using hot or tempered water (capable of reaching a temperature of 1100°F) with a liquid germicidal soap before and after tattooing or body piercing and as often as necessary to remove contaminants.

(c) All artists must wear single-use examination gloves while assembling tattooing and body piercing instruments and while tattooing and body piercing.

(d) When a session is interrupted or immediately after gloves are torn or perforated:

(1) Gloves shall be removed and discarded; and

(2) Hands shall be washed and a fresh pair of gloves used.

(e) Artists shall use universal precautions while tattooing or body piercing. An artist diagnosed with a communicable disease shall provide to the department a written statement from a health care practitioner that the artist’s condition no longer poses a threat to public health.

(f) The area of the client’s skin to be tattooed shall be cleaned with an approved germicidal soap according to label directions.

(g) The external skin of the client to be pierced shall be cleaned with an approved germicidal soap according to label directions. In the case of oral piercings, the operator shall provide the individual with antiseptic mouthwash in a single-use cup and shall ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this subsection for both skin and oral piercings shall be followed.

(h) If shaving is required, razors shall be single use. The razor or razor’s head must be placed in a biohazard container after use.

(i) Each artist performing any tattoo or body piercing procedure in the studio or temporary location shall have the education, training and experience, or any combination thereof, to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall be performed using aseptic technique. Training records should be documented and available for inspection at the studio or temporary location.


Sec. 8.10.007 Client qualifications, disclosure, and records

(a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of eighteen (18) years of age and shall present at the time of tattooing or body piercing a valid, government-issued, positive identification card including, but not limited to, a driver’s license, passport, or military identification, The identification must contain a photograph of the individual and a printed date of birth.

(b) The artist shall verify and document in the permanent client record the client’s age, date of birth, and the type of identification provided.

(c) An artist may not tattoo a person younger than eighteen (18) years of age except as permitted in subsection (d) of this section.

(d) With the consent of a minor’s parent, managing conservator, or guardian, who determines it to be in the best interest of the minor child to cover an existing tattoo, a person under the age of eighteen (18) may be tattooed under the following conditions:

(1) The existing tattoo must contain:

(A) Obscene or offensive language or symbols;

(B) Gang-related names, symbols, or markings; or

(C) Drug-related names, symbols, or pictures.

(2) The consent required by this subsection (d) can be satisfied by the minor’s parent, managing conservator, or guardian:

(A) Being physically present at the time the tattooing is being performed;

(B) Executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is being performed;

(C) Presenting evidence of the minor’s identity to the artist; and

(D) Presenting evidence of the status as parent or guardian of the individual who will receive the tattoo to the artist.

(e) An artist may not perform body piercing on a person younger than eighteen (18) years of age without the consent of a parent, managing conservator, or guardian of the individual. The consent can be satisfied by:

(1) Completion of client and parental approval records that include the following information:

(A) The full name, address, and telephone number of the client;

(B) The full name, address, and telephone number of the parent, managing conservator, or guardian;

(C) The location on the body that may be pierced; and

(D) The signatures of the minor and parent, managing conservator, or guardian; and

(2) The individual’s parent, managing conservator, or guardian being physically present at the time the body piercing is being performed; and

(A) Executing an affidavit stating that the person is the parent, managing conservator, or guardian of the individual on whom the body piercing is being performed;

(B) Presenting evidence of the minor’s identity to the artist; and

(C) Presenting evidence of the status as parent, managing conservator, or guardian of the individual who will receive the body piercing to the artist.

(f) No person may be tattooed or body pierced who appears to be under the influence of alcohol or drugs.

(g) Tattooing and body piercing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions.

(h) Before receiving a tattoo, each client (and, if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risk and dangers associated with the application of each tattoo. These shall include, but are not limited to, at least the following: the possibility of discomfort or pain; the permanence of the markings; the risk of infection; the possibility of allergic reaction to the pigments or other materials used; and the increased risks to diabetics.

(i) Before receiving a body piercing, each client (and, if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risks and dangers associated with receiving a body piercing. These shall include, but are not limited to, at least the following: the possibility of discomfort or pain; the possibility of scarring; the possibility of bleeding; the possibility of swelling; the risk of infection; the possibility of nerve damage; the increased risk for adolescents during certain stages of development; and the increased risks to diabetics.

(j) The studio or temporary location shall maintain proper records of each client. The information shall be permanently maintained at the studio for at least two (2) years following the date of the last entry. The temporary location client records shall be maintained by the license holder for two years. These permanent records shall include the following:

(1) The name, address, and telephone number of the client;

(2) The date tattooing or body piercing was performed;

(3) The client’s age, date of birth, and type of positive identification provided to the artist (the information is to be recorded by the artist as described in subsection (b) of this section);

(4) The specific color or colors of the tattoo or type of jewelry used for the piercing and, when available, the manufacturer’s catalogue or identification number of each color or type of jewelry used;

(5) The location on the body where the tattoo or body piercing was performed;

(6) The name of the artist;

(7) A statement that the client has received a copy of the applicable written care instructions, and that the client has read and understands the instructions; and

(8) The signature of the client.

(k) A person younger than eighteen (18) years of age commits an offense if the person falsely states that the person is eighteen (18) years of age or older or presents any document that indicates that the person is eighteen (18) years of age or older to a person engaged in the operation of a tattoo studio or temporary location.


Sec. 8.10.008 Sterilization

(a) A studio or temporary location is required to utilize instruments that have been prepared as described in section 8.10.010(a)–(e) of this article (relating to tattooing and body piercing instruments and jewelry). The studio or temporary location shall use sterilization equipment that is approved by the United States Food and Drug Administration for the purpose of sterilization, and adequate in size to accommodate necessary utensils and instruments. A copy of the manufacturer’s recommended procedures for operation of the sterilization unit(s) must be available for inspection by an authorized agent at the time of inspection of the studio or temporary location..

(b) Each person responsible for the sterilization of instruments shall be able to demonstrate to the department’s authorized agent the correct sterilization procedures and the proper operation of autoclave and/or dry heat sterilization equipment.

(c) After each use, the reusable instruments shall be cleansed to remove blood and tissue residue before sterilization as described in section 8.10.010(n) of this article.

(d) Instruments and jewelry requiring sterilization shall be packed in packages approved for the sterilization unit. Instruments and jewelry shall be packed individually, or as a set provided such set is intended to be used for a single procedure. Each package shall be labeled with the date of sterilization and the initials of the person sterilizing the instruments. Packaged sterilized instruments shall be kept in a sterile condition and stored in a clean dust-tight container when not in use. Instruments and jewelry may be sterilized immediately before tattooing or body piercing without the use of sterilization packages as provided by the sterilization unit’s manual. The studio or temporary location must keep records in accordance with subsection (g) of this section.

(e) Each package of instruments and jewelry sterilized shall be monitored for sterilization by the use of chemical/heat sensitive indicators.

http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=44&z2collection=lubbock#JD_8.10.010

http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=44&z2collection=lubbock#JD_8.10.010

(f) Each sterilization unit used by the studio to sterilize instruments and jewelry must have a spore test performed each calendar month by an approved laboratory. Records shall be documented and available for inspection at the studio or temporary location.

(g) Each studio or temporary location shall maintain sterilization records. The information shall be permanently recorded and made available for examination by an authorized agent in the studio for at least two (2) years from the date of the last entry. These permanent records shall be maintained at the studio and shall include the following:

(1) Date of sterilization;

(2) Quantity and type of instruments to be sterilized; and

(3) Name or initials or the individual sterilizing the instruments.

(h) Sterilized instruments and jewelry stored in accordance with the sterilization unit owner’s manual and stored in accordance with the sterilization packet manufacturer’s labeling or letter provided by the manufacturer of the sterilization packets will be considered sterile for the length of time set out in the sterilization unit owner’s manual or packet labeling or supporting documentation. If the studio or temporary location personnel cannot provide a manual for the sterilization equipment at the time of inspection or if no length of time is set out by the sterilization unit’s manual, the equipment and jewelry must be stored in an approved manner, and the instruments and jewelry not used within thirty (30) days after sterilization shall no longer be considered sterile. If presterilized instruments are used, the artist shall obtain documentation from the manufacturer that describes the method of sterilization utilized by the manufacturer and the manufacturer’s recommendations for storage and maintenance of sterility. This documentation shall be available for inspection by an authorized agent. The artist shall follow the manufacturer’s instructions for storage and maintenance of sterility.

(i) One of the following methods of sterilization shall be used:

(1) Autoclave - steam under pressure:

(A) One hundred twenty-one (121) degrees Celsius (two hundred fifty (250) degrees Fahrenheit) and a pressure of at least fifteen (15) pounds per square inch for not less than thirty (30) minutes after the chamber of the autoclave has reached the required temperature and pressure; or

(B) As specified in the manufacturer’s operator’s manual.

(2) Dry heat sterilization:

(A) One hundred sixty (160) degrees Celsius (three hundred twenty (320) degrees Fahrenheit) for not less than one (1) hour under

atmospheric pressure after the sterilizer has reached the required temperature; or

(B) As specified in the manufacturer’s operator’s manual.


Sec. 8.10.009 Care of the new tattoo and/or body piercing

(a) Each time tattooing or body piercing is performed the client (and if applicable, the parent, managing conservator, or guardian) shall receive oral and written instructions on the care of the area tattooed or pierced. The client shall sign a written statement in the permanent client record acknowledging that the client has received a copy of the written care instructions, and that the client has read and understands the instructions.

(b) The written care instructions for tattooing shall contain at least the following items:

(1) For at least two (2) weeks, the need to minimize exposure to the sun, and to discourage swimming;

(2) The need to properly cleanse the tattooed area;

(3) The need to apply antibiotic ointment or cream;

(4) The need to use sterile bandage(s) or other sterile dressing(s) when necessary;

(5) The name of the artist, and the name, address, and telephone number of the studio or temporary location; and

(6) The instructions for the client to consult a health care practitioner at the first sign of infection or an allergic reaction, and to report any diagnosed infection, allergic reaction, or adverse reaction resulting from the application of the tattoo to the artist and to the Texas Department of State Health Services, Drugs and Medical Devices Division, at 1-888-839-6676 and to the City of Lubbock Health Department, at (806) 775-2928.

(c) The written care instructions for body piercing shall contain at least the following items:

(1) The need to properly cleanse the pierced area by using antibacterial or antimicrobial soap for the external skin or an antiseptic or carbamide peroxide mouthwash for the oral cavity;

(2) For at least the first six (6) weeks, the need to minimize exposure to the sun and swimming;

(3) The need to use sterile bandage(s) or other sterile dressing(s) when necessary;

(4) The name of the artist, and the name, address, and telephone number of the studio or temporary location; and

(5) The instructions for the client to consult a health care provider at the first sign of infection or an allergic reaction, and to report any diagnosed infection, allergic reaction, or adverse reaction resulting from the body piercing to the artist and to the Texas Department of State Health Services, Drugs and Medical Devices Division, at 1-888-839-6676 and to the City of Lubbock Health Department, at (806) 775-2928.


Sec. 8.10.010 Tattooing and body piercing instruments and jewelry

(a) Instruments and jewelry used during tattooing and piercing procedures which may contact blood or other bodily fluids or which come in direct contact with skin which is not intact shall be sterilized after each use or disposed of. These devices include, but are not limited to, needles, bars, tubes, forceps, receiving tubes, and tapers. This does not include ear piercing guns or tattoo machines/devices.

(b) Instruments and jewelry used during tattooing and body piercing which do not come in contact with broken skin but may come in contact with mucous membranes and oral tissue should be sterilized after each use. If, however, sterilization is not feasible because the instrument or jewelry will be damaged, the instrument or jewelry shall be treated with a germicidal solution prior to use. These devices include, but are not limited to, calipers and gauge wheels.

(c) Instruments that come into contact only with intact skin shall be treated with a germicidal solution prior to use. These devices include, but are not limited to, hand mirrors.

(d) Reusable instruments shall be constructed in a manner that permits easy cleaning and sterilization.

(e) Needles used to perform body piercing and tattooing shall be single use and disposed of in a sharps container.

(f) Single-use disposable instruments shall be maintained in clean condition and dispensed in a manner to prevent contamination to the unused instruments. These devices include, but are not limited to, cups, cotton swabs, corks, rubber bands, and toothpicks.

(g) Use of styptic pens or alum solids to control blood flow is prohibited.

(h) All dyes or pigments used in tattooing and piercing shall be nontoxic, free from adulteration, and made from materials generally regarded as safe. Marking instruments shall be single use or sanitized by design, such as alcohol based ink pens, and shall be used only on intact skin that has been treated with a germicidal soap. Any marking instrument that comes in contact with mucous membranes or broken skin shall be single use.

(i) Only single-use pigment or dye containers shall be used for each client. Pigments and dyes shall be dispensed from containers in a manner to prevent contamination to the unused portion. Individual containers of dye or pigment shall be discarded after use.

(j) In order to minimize transmission of body fluids and disease, single-use plastic covers shall be used to cover spray bottles or other reusable accessories for multiple client use that are handled by the artist during tattooing and body piercing.

(k) All stencils shall be single use. Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied using aseptic technique and in a manner to prevent contamination of the original container and its contents. The applicator shall be single use.

(l) Contaminated reusable instruments shall be placed in a labeled covered container which may contain a disinfectant solution such as two (2.0) percent alkaline glutaraldehyde (not to be construed as all inclusive) until it can be cleaned and sterilized.

(m) All containers holding contaminated instruments and container lids shall be emptied of contaminated solution and cleaned and sanitized daily or more often if needed.

(n) Reusable instruments shall be cleaned by gloved personnel prior to sterilization by one (1) of the following methods:

(1) Mechanically preclean the items by using a clean cotton ball or swab moistened with a solution of low-residue detergent and cool water, with care taken to ensure the removal of any pigment or body substances not visible to the eye, thoroughly rinse with warm water and then drain, and clean by soaking in a protein dissolving detergent-enzyme cleaner used according to manufacturer’s instructions; or

(2) Clean the items in an ultrasonic cleaning unit used according to manufacturer’s instruction. A copy of the manufacturers recommended procedures for operation of the ultrasonic cleaning unit must be available for inspection by an authorized agent; and

(3) Rinse and dry the items prior to packaging for sterilization.


Sec. 8.10.011 Report of infection or allergic reaction

(a) The studio or temporary location shall notify the City of Lubbock Health Department by providing a written report to the City of Lubbock Health Department, in writing, of any infection or allergic reaction resulting from a body piercing or the application of a tattoo to the department within forty-eight (48) hours of its occurrence or knowledge thereof. The report shall include:

(1) The name of the affected client;

(2) The name and address of the studio or temporary location where the tattoo or body piercing was performed;

(3) The complete legal name of the artist;

(4) The date the tattoo or piercing was performed;

(5) The specific color or colors of the tattoo or type of jewelry used for the piercing and, when available, the manufacturer’s catalogue or identification number of each ink color or type of jewelry used;

(6) The location of the infection and the location on the body where the tattoo or piercing was applied;

(7) The name and address of the health care provider, if any; and

(8) Any other information considered relevant to the situation.

(b) The department shall use these reports in their efforts to identify the source of the adverse reaction(s) and to take action to prevent its recurrence.


Sec. 8.10.012 Disposal of infectious waste

(a) Sharps shall be subjected to the methods of treatment and disposal as described in chapter 1, subchapter K, sec. 1.136 of title 25, Texas Administrative Code (relating to approved methods of treatment and disposition) and title 30, Texas Administrative Code, chapter 330, subchapter Y and to the City of Lubbock Code of Ordinances.

(b) Other studio or temporary location waste generated during the tattooing and body piercing process, i.e., cotton balls, cotton tip applicators, corks, toothpicks, tissues, paper towels, gloves, single-use plastic covering, and pigment containers (not to be construed as all-inclusive) shall be disposed of in accordance with the City of Lubbock Code of Ordinances and chapter 1, subchapter K, sec.1.136(a)(2) of title 25, Texas Administrative Code or title 30, Texas Administrative Code, chapter 330. Copies of these provisions are

indexed and filed in the office of the Drugs and Medical Devices Division, Texas Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, 1-888-839-6676, and are available weekdays for inspection between the hours of 8:00 a.m. and 5:00 p.m.


Sec. 8.10.013 Tongue splitting and surgical body modification

A person may not perform tongue splitting or surgical body modification. (1983 Code, sec. 14-288; Ordinance 2004-O0078, sec. 13, adopted 7/15/2004)

Secs. 8.10.014–8.10.040 Reserved

Division 2. Permit

Sec. 8.10.041 Required

No person may cause, suffer or allow the operation, management, or maintenance of a tattoo and certain body piercing studio or temporary location without a permit issued in accordance with this division. (1983 Code, sec. 14-276(b); Ordinance 2004-O0078, sec. 1, adopted 7/15/2004) Each tattoo and certain body piercing studio or temporary location shall obtain a separate permit. In no case shall a person attempt to operate more than one studio or location per permit.

Sec. 8.10.042 Exemption

Persons who engage only in the following are exempt from the licensing requirements of this division:

(1) A studio located within a medical facility which is permitted under other law, or an office or clinic of a person permitted by the Texas state board;

(2) A person who performs only ear piercing; or

(3) A facility in which only ear piercing is performed.

(1983 Code, sec. 14-278(f); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.043 Fees

All tattoo and body piercing studios shall obtain a permit annually from the department except as indicated below from the department. A new permit must be obtained at any time the name, ownership, or location of the permitted studio is changed. All tattoo and body piercing studios shall pay an annual, nonrefundable permit fee or a fee for each temporary location for each place of business operated as follows:

(1) One hundred fifty dollars ($150.00) per tattoo only studio;

(2) Three hundred dollars ($300.00) for a tattoo and body piercing studio, the fee to be paid as follows: one hundred fifty dollars ($150.00) for the tattoo portion and one hundred fifty dollars ($150.00) for the body piercing portion; and

(3) One hundred fifty dollars ($150.00) per body piercing only studio.;

(4) One hundred dollars ($100.00) per temporary location for tattoo or body piercing, for a specified length of time not to exceed seven days;

(5) Two hundred dollars ($200.00) per temporary location for tattoo and body piercing, for a specified length of time not to exceed seven days.

Temporary locations must pay the permit fee no later than 5 days before the temporary event.

(1983 Code, sec. 14-278(a); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.044 Forms

Permit forms may be obtained from the City of Lubbock Environmental Health Department, 1902 Texas Avenue1625-13th Street, Lubbock, TX, 79401. (1983 Code, sec. 14-278(b); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.045 Application

An application shall be submitted for each tattoo studio or temporary location and a separate application shall be submitted for each body piercing studio or temporary location. Approval of said application is contingent upon successful approval of the State of Texas license. The initial permit application for each studio or temporary location shall be signed and verified, shall be made on the permit application furnished by the department, and shall contain the following information:

(1) The full or legal name under which the studio or temporary location is conducted;

(2) The address of the studio or temporary location that is to be permitted. Sufficient descriptive information must be included if the studio is located in a portion of athe building with other permit holders;

(3) If a proprietorship, the name and residence address of the proprietor; if a partnership, the names and residence addresses of all partners; if a corporation, the date and place of incorporation and name and address of its

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Formatted: Superscript

registered agent in the state; or if any other type of association, then the names of the principals of such association;

(4) For each studio or temporary location, the name(s) and residence address(es) of the responsible individual(s) thereof;

(5) The name(s) of the studio’s or temporary location’s artist(s);

(6) The usual days and hours of operation of each studio or temporary location; and

(7) A description of all services to be provided at the studio or temporary location.

(1983 Code, sec. 14-278(d); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.046 Issuance; term; display

(a) The department may issue a permit to the owner of a studio or temporary location after determining that the studio or temporary location is in compliance with applicable statutes, rules, and zoning codes.

(b) The initial studio permit shall be valid for one year from the date of issuance, which becomes the anniversary date. A permit for a temporary location will be valid for the specified period of time, not to exceed seven days.

(c) The renewal studio permit shall be valid for one year from the anniversary date.

(d) The permit shall be displayed in a prominent place in the studio or temporary location.

(1983 Code, sec. 14-278(d); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.047 Renewal

(a) Each year, the permit holder shall renew its permit in accordance with the requirements of this division.

(b) The permit holder shall renew the permit by filing an application for renewal before the expiration date of the current permit. A person who files a renewal application after the expiration date must pay an additional fifty dollars ($50.00) as a delinquency fee.

(c) Failure to submit the renewal application annually shall subject the studio to enforcement pursuant to this article.

(d) Notification of change of location of studio. Not fewer than thirty (30) days in advance of the change, the permit holder shall notify the department in writing of the permit holder’s intent to change the location of a permitted studio. The notice shall include the address of the new location, and the name and residence address of the individual in charge of the studio at the new location.

(1983 Code, sec. 14-278(e); Ordinance 2004-O0078, sec. 3, adopted 7/15/2004)

Sec. 8.10.048 Grounds for denial

(a) The department may refuse to issue an original or renewal tattoo studio or temporary location or body piercing studio or temporary location permit if it has reasonable grounds to believe and finds that any of the following circumstances exists:

(1) The applicant has been convicted of a violation of this article during the two (2) years immediately preceding the filing of the application;

(2) Three (3) years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for a conviction associated with tattooing or body piercing;

(3) The applicant violated or caused to be violated a provision of this article or a rule of the department adopted under this article involving moral turpitude during the six (6) months immediately preceding the filing of the application;

(4) The applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application;

(5) The applicant is indebted to the state for a fee or penalty imposed by this article or by rule of the department adopted under this article;

(6) The applicant is a minor; or

(7) The applicant does not provide an adequate building available at the address for which the permit is sought before conducting any activity authorized by the permit.

(b) The department may refuse to issue or renew, for a period of one (1) year from the date of application for the initial or renewal permit, a tattoo studio or body piercing studio temporary location permit for a premises where a shooting, stabbing, or other violent act or an offense involving drugs occurred that involved a permit applicant, permit holder, or registrant under this article or a patron or employee of the studio or temporary location.


Sec. 8.10.049 Basis for denial, suspension or revocation

The department may, after providing notice and opportunity for a hearing, refuse to permit a studio or temporary location, or may revoke or suspend the permit for violations of the requirements in this article or for any reasons described in the Tattoo and Certain Body Piercing Studio Act or in the Texas Food, Drug, and Cosmetic Act. (1983 Code, sec. 14-289(a); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004)

Sec. 8.10.050 Hearings

The public health administrator or his designee shall conduct any hearing pursuant to this article. Notice of such hearing shall be provided by the public health administrator to the studio owner or permit holder by certified mail, return receipt requested. At such hearing all parties shall be given the opportunity to present evidence. The public health administrator or his designee has the authority to issue an order to refuse to permit a studio, or may revoke or suspend the permit of a currently operating studio. Such orders may be appealed to the City of Lubbock Permit and License Appeal Board by filing a written notice of appeal within five (5) days with the city secretary’s office. Decisions of the permit and license appeal board shall be final. (1983 Code, sec. 14-289(b); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004)

Sec. 8.10.051 Reissuance

If a permit issued under this division has been revoked or denied for violation of these rules, the permit holder named in the revocation or denial is not eligible for licensing under this division for a period of two (2) years. (1983 Code, sec. 14-289(d); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004)

Sec. 8.10.052 Suspension

(a) Permit holder includes sole proprietors, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock.

(b) The department may suspend or revoke an original or renewal tattoo studio or temporary location body piercing studio permit if it is found, after notice and hearing as provided in this division, that any of the following is true:

(1) The permit holder has been finally convicted of a violation of this article;

(2) The permit holder violated a provision of this article;

(3) The permit holder made a false or misleading statement in connection with the original or renewal application, either in the formal application itself

or in any other written instrument relating to the application submitted to the department;

(4) The permit holder is indebted to the city for fees or payment of penalties imposed by this article;

(5) The permit holder knowingly misrepresented to a customer or the public any tattoo or body piercing jewelry sold by the permit holder; or

(6) The permit holder was intoxicated on the permitted premisespremises.

(c) If a permit holder cannot be located for any notice required under this division, the department shall provide notice by posting a copy of the order on the front door of the permitted premisespremises.

(1983 Code, sec. 14-289(e); Ordinance 2004-O0078, sec. 14, adopted 7/15/2004)

Sec. 8.10.53 Immediate Closure by Department (a) The Department may order the immediate closure of a studio or temporary location when there is a reasonable basis to believe that an individual contracted or was exposed to any communicable disease or disease of the skin while receiving a tattoo and/or body piercing at the studio or temporary location. (b) It shall be unlawful to fail to promptly comply with the notice of immediate closure. Such failure to promptly comply with the notice of immediate closure shall subject the studio or temporary location to other enforcement provisions of this article.

Board of Health Minutes

December 21, 2012 City of Lubbock Civic Center

12:30 PM

Members Present: Staff Present: Dr. Steven Presley Beckie Brawley Dr. Brian Carr Scott Snider Dr. Donald May Mary McConnell Dr. Naidu Chekuru Bridget Faulkenberry Ms. Kae Hentges Victor Hernandez, Councilman Dr. Ted Reid Latrelle Joy, Councilwoman Dr. Wayne Culp Sam Medina Dr. Anne Epstein Tracy Norris Mr. Ollie Thomas, Jr. Dr. Ronald Cook 1) Call to order – Dr. Steven Presley, Chair Meeting was called to order at 12:35 PM. 2) Citizen Comments No citizens signed up to speak to the Board. 3) Work Session 3.1) Discussion on Synthetic Marijuana – Sam Medina Mr. Medina spoke to the Board about the issue of synthetic marijuana and what the City Council would like the Board to do. A subcommittee was formed to develop an approach to the issue. DR. Reid will chair, with Ms. Hentges and Mr. Thomas to assist and they will report back to the Board. 3.2) Communicable Disease Report – Mary McConnell, RN Ms. McConnell reported on the flu numbers and the Communicable disease numbers for Lubbock in November. 3.3) Report from Fracking Committee – Dr. Anne Epstein Dr. Epstein gave a short report about Fracking. 4) Action Items 4.1) Approval of November 16, 2012 minutes Dr. Carr made motion to accept the minutes. It was seconded by Ms. Hentges. The vote was unanimous. 4.2) Discussion and vote on approval for changes to tattoo ordinance Dr. Carr made motion to accept the changes as written. It was seconded by Dr. Reid. The vote was unanimous.

4.3) Election of ne officers for 2013 – Dr. Steven Presley Dr. Chekuru nominated Dr. Carr as chair and Dr. Epstein as Secretary. Dr Presley asked for a vote on Chair and Secretary. Dr. Carr was appointed the new Chair and Dr. Epstein was appointed new Secretary for 2013. Dr. Presley would like to draft a letter to be read at the next City Council meeting to acknowledge the hard work of the Health Department staff. 5) Adjourn The meeting was adjourned at 1:25. Date Approved: ______________________________ ________________________________ Dr. Brian Carr Board of Health Chair Minutes Prepared By: ________________________________ Tracy Norris Administrative Assistant


InformationAgenda ItemOrdinance 2nd Reading - Planning: - Zone Case 3198. Ordinance 2013-O0010. Consider a request of BrumleyProperties (for Hwy 179, Ltd.) for a zoning change from R-1 to C-4 for retail sales of commercial tires on 1.455acres of unplatted land out of Block D6, Section 2 (8602 19th Street).

Item SummaryOn January 31, 2013, the the City Council approved the first reading of the ordinance.

Zoning Request:From R-1 (single family) to C-4 (commercial district).

Proposed Land Use:The applicant is proposing a commercial tire store.

Adjacent Land Uses:North: (vacant), Zoned R-1(single family)South: (vacant), Zoned R-1 (single family)East: (vacant), Zoned R-1 (single family)West: (Commercial), Zoned C-3 (general retail)

Planning and Zoning (P&Z) Public Hearing Notes from January 8, 2013:No one other than the applicant appeared before the commission.P&Z voted unanimously to approve.

Impact on the Comprehensive Land Use Plan (CLUP):The property is consistent with the CLUP. Being on a state highway, the property is eligible for C-4 zoning. Asignificant amount of 19th Street is zoned in the manner this request is styled.

Staff is recommending a "strike list" of uses out of C-4. This list was developed and has been applied to most zonecases along 19th Street. Since 19th Street is a major entrance corridor to Lubbock, there has been an emphasis tolimit certain heavier allowed uses within C-4 in an attempt to maintain a clean entrance to the city. Over the last20-30 years since this area was annexed into the city, there has been a slow progression of development and withthat growth, the corridor has been increasingly cleaned up.

P&Z Recommendation:

The C-4 uses shall be limited to:1. Uses unconditionally permitted in the C-4 zoning district except:a. Automobile body shops,b. Billboards,c. Commercial private clubs and teenage clubs,

d. Dancehall,e. Feed store,f. Used furniture store,g. Gameroom (except as an incidental use in a restaurant), pool, billiard and/or domino parlor,h. Motorcycle shop,i. Second-hand goods store or pawn shop,j. Used car lot, andk. Nightclubs.

Fiscal Impact None.

Staff/Board RecommendingThe Planning Commission recommends approval of the request with conditions. Quincy White, Assistant City Manager.

AttachmentsOrdinance - Zone Case 3198Zone Case 3198


InformationAgenda ItemOrdinance 2nd Reading - Planning: Zone Case 3199. Ordinance 2013-O0011. Consider a request of Hugo Reedand Associates, Inc. (for Steve Pitts) for a zoning change from T to C-3 on 18.4 acres of unplatted land out ofBlock E-2, Section 22 (southeast corner of 114th Street and Quaker Avenue).


Zoning Request: From “T” (Transitional) to C-3 (General Retail District).

Proposed Land Use:The subject property is proposed to be zoned C-3.

Adjacent Land Uses:N - (Transitional, Commercial), Zoned T (Transitional) and C-3.S - (Transitional), Zoned T (Transitional)E - (Transitional), Zoned T (Transitional)W - (Commercial), Zoned CB-3 (Central Business District, General)

Planning and Zoning Commission (P&Z) Public Hearing Notes from January 8, 2013:No one other than the applicant appeared before the P&Z.P&Z voted unanimously to approve.

Impact on the Comprehensive Land Use Plan (CLUP):The proposal represents a minor change to the CLUP. The proposal is to zone 18.4 acres as C-3 which exceeds the10 acres of Commercial designated by the CLUP. Much of the property surrounding this proposal is relativelyundeveloped, minimizing the impact the additional Commercial designation will have on the surroundingproperties. The property is currently zoned as T (Transitional) which is the standard zoning for any property whenannexed into the City.

P&Z Recommendation with any proposed conditions:The Planning Commission recommends approval of the request.

Fiscal ImpactNone.

Staff/Board RecommendingThe Planning Commission recommends approval of the request.

The Planning Commission recommends approval of the request.Quincy White, Assistant City Manager.

AttachmentsOrdinance - Zone Case 3199Zone Case 3199


InformationAgenda ItemOrdinance 2nd Reading - Planning: Zone Case 2508-G. Ordinance 2013-O0012. Consider a request of AMDEngineering, LLC (for Norton Baker) for a zoning change from A-1, C-3, and R-2 to A-1, C-2, and C-3 forapartment and commercial tracts on 23.93 acres of unplatted land out of Block E-2, Section 19 (northeast corner of114th Street and Indiana Avenue).


Zoning Request: The request is to rezone several parcels zoned R-2 (duplex), A-1 (family apartment) and C-3(general retail) to a new configuration of C-3, C-2 (local retail) and A-1.

Proposed Land Use: The applicant has not indicated a proposed use for the new parcels other than commercial andapartments.

Adjacent Land Uses:North: Zoned A-2 limited to a church and church related uses and R-2 Specific Use (duplex)South: (vacant), Zoned TEast: (Residential), Zoned R-1 Specific Use (the area the subject of an appeal on this agenda)West: (Residential and Commercial west of Indiana), Zoned C-3 (general retail) and R-1 Specific Use

Planning and Zoning (P&Z) Public Hearing Notes from January 8, 2013:No one other than the applicant appeared at the hearing. P&Z voted unanimously to approve.

Impact on the Comprehensive Land Use Plan (CLUP): In 1979 the owners of the square mile between University and Indiana zoned the two-mile intersection corners C-3with surroungding R-2 in a case that represents the CLUP. Development has taken more than 30 years to get to thislocation. The proposed request shuffles the commercial and apartment current zoning in a new configuration thatmeets what the owners are of the opinion will meet the current market and eliminates a strip of R-2 (duplex) that isnow useless for the development pattern in the area. The new configuration meets more nearly what the CLUPcontemplates at a corner of two thoroughfares, commercial on the corner with a buffer of apartments or duplexconstruction surrounding it.

The Planning Staff recommends approval of the proposal.

P&Z Commission Recommendation:The Planning and Zoning Commission recommends approval of the request.

Fiscal ImpactNone.

None.

Staff/Board RecommendingThe Planning and Zoning Commission recommends approval. Quincy White, Assistant City Manager.

AttachmentsOrdinance - Zone Case 2508-GZone Case 2508-G

ORDINANCE NO. _____ _

AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2508-G; A ZONING CHANGE FROM A-1, C-3, AND R-2 TO A-1 AND C-2 ZONING DISTRICT ON 23.93 ACRES OF UNPLATTED

I LAND OUT OF BLOCK E-2, SECTION 19, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.

WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and

WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully complied with, including giving notices in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007

1 (Vernon, 1990), and notice was duly published in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE:


ZONE CASE NO. 2508-G

SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows:

A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from A-1, C-3 and R-2 to A-1 and C-2 zoning district on 23.93 acres of unplatted land out of Block E-2, Section 19, City of Lubbock, Lubbock County, Texas, located at northeast corner of 1141

h

Street and Indiana Avenue.

METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".

SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by fine not to exceed Two Thousand and Noll 00 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.

SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of

I this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby.

II

SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law.

AND IT IS SO ORDERED.

Passed by the City Council on first reading on _____ _ ________ _

Passed by the City Council on second reading on ________ _____ _


ATTEST:


irector of Planning


~ 1

Chad Weaver Assistant City Attorney

vw/cityatt/Chad/ZoneCase/ZC2508-G January 8, 2013

Zone Case No. 2508-G page- 2 of2

AMD ENGINEERING, LLC

Rezone to A-1

METES AND BOUNDS DESCRIPTION of a 11.25 acre tract of land located in Section 19, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows:

BEGINNING at a point in which bearsS 89°56'55" E approximately 765.57 feet North approximately 55.00 feet from the Southwest comer of Section 19, Block E-2, Lubbock County, Texas;

THENCE N 0°0'19" Wan approximate distance of618.71 feet;

THENCE West an approximate distance of 410.52 feet;

THENCE North an approximate distance of 388.94 feet;

THENCE East an approximate distance of718.50 feet;

THENCE S 45°0'10" E an approximate distance of 14.14 feet;

THENCE East an approximate distance of 10.00 feet;

THENCE S 0°0' 19" E an approximate distance of 998.00 feet;

THENCE N 89°56'55"W an approximate distance of328.02 feet to the Point of Beginning and containing approximately 11.25 acres, including any Right ofWay.

PREPARED FOR ZONE CHANGE REQUEST ONLY; DOES NOT REPRESENT A SURVEY.

Prepared for: Norton Baker December 19, 2012

C:\Documents and Settings\119775\Desktop'M&B ZONE CHANGE TRACTS A-C.doc


Rezone to C-3

METES AND BOUNDS DESCRIPTION of a 10.00 acre tract ofland located in Section 19, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows:

BEGINNING at a point in which bearsS 89°56'55"E approximately 85.0 feet and North approximately 65 .0 feet from the Southwest comer of Section 19, Block E-2, Lubbock County, Texas;

THENCE N 44°58'28" Wan approximate distance of 42.45 feet;

THENCE North an approximate distance of578.13 feet;


THENCE S 0°0' 19" E an approximate distance of 618.77 feet;

THENCE N 89°56'55" Wan approximate distance of272.54 feet;

THENCE N 87°05' 1 0" W an approximate distance of 200.25 feet;

THENCE N 89°56'55"W an approximate distance of208.04 feet to the Point of Beginning and containing approximately 10.00 acres, including any Right ofWay.



C \Documents and Settings\ 119775\0esktop\M&B ZONE CHANGE TRACTS A·C doc


Rezone to C-2

METES AND BOUNDS DESCRIPTION of a 2.68 acre tract ofland located in Section 19, Block E-2, Lubbock County, Texas, prepared for Zone Change Purposes only and being further described as follows:

BEGINNING at a point in which bearsS 89°56'55" E approximately 55.0 feet and North approximately 673 .13 feet from the Southwest comer of Section 19, Block E-2, Lubbock County, Texas;

THENCE North an approximate distance of373.94 feet;

THENCE N 45°0'0" E an approximate distance of21.21 feet;


THENCE South an approximate distance of388.94 feet;

THENCE West an approximate distance of300.00 feet to the Point ofBeginning and containing approximately 2.68 acres, including any Right of Way.



C·\Oocuments and Setlings\119775\0esktop\M&B ZONE CHANGE TRACTS A·C doc


InformationAgenda ItemOrdinance 2nd Reading - Planning: Zone Case 2508-H. Ordinance 2013-O0013. Consider a request of AMDEngineering, LLC (for Norton Baker and Lubbock Land Company, LLC) for a zoning change from R-1, R-1Specific Use, R-2 and A-1 to IHI with conditions for office warehouse and storage unit facilities on 25.33 acres ofunplatted land out of Block E-2, Section 19 (114th Street between Indiana Avenue and University Avenue).


Zoning Request:The requested zoning will deviate from the Comprehensive Land Use Plan (CLUP) explained below, in that thefrontage along 114th Street from commercial corners at Indiana and University would be rezoned InterstateIndustrial with only two permitted uses: office warehouse construction and storage unit construction. Thestaff requested that these restrictions be presented for any level of staff support since open Interstate Industrialwould "pick up" all the commercial districts and 114th Street would become simply a mile of strip commercialzoning.

Two factors as to the reason the applicant is requesting the change from the norm, of either having residential orGarden Office side the thourhoughfare, are presented by the applicant: 1. The land immediately north of 114th Street for virtually the entire east/west mile length has a significant gradechange making the typical extension of residential streets from the north to accommodate east/west facingresidential lots without terracing and or retaining walls difficult. 2. A second and more compelling reasoning is the current land use south of 114th Street. On the far east endat University an old trailer park is located on the southwest corner of 114th and University, and to the south ofit are several existing heavy commercial uses and the Lubbock Cattle Auction. In the middle portion of the mile, theland drops off into a significant playa south of 116th Street. The land area between 114th and 116th Streets wouldprove to be difficult to develop into a meaningful residential area.

In the western portion of the mile south of 116th Street, a long time sports complex with numerous venues, as wellas the playa, continue to indicate that the land will not be viable as residential in the future. The Storm WaterDepartment has constructed a large channel from Indiana along the north side of 116th Street to get water from westof Indiana into the playa without overland flow across the mostly substandard construction lots of the sportscomplex. With sufficient funds, there is seldom any land area that cannot transform into fitting the mold envisionedby the CLUP, but this area is one that may come close to not being economically or market viable.

Proposed Land Use:Two uses from the Interstate Industrial District are requested. The two uses include office warehouse and storageunits (mini warehouse as listed in the Code) are requested. Again, allowing only these two permitted uses willprevent the creation of a mile long strip of commercial similar to portions of 34th Street. This is achieved byeliminating the normal “pick up” of uses from more restrictive commercial uses in Interstate Industrial with noconditions.

Adjacent Land Uses:North – Single family and if approved, duplex zoningSouth – All transitional with the mix of uses already describedEast – A C-3 (General retail) corner at Indiana and 114th StreetWest – If approved, an A-1 (family apartment) district is on this same agenda

Planning and Zoning (P&Z) Public Hearing from January 8, 2013:The applicant presented the request and one land owner on the south side of 114th had a drainage related question. The engineer for the applicant answered his question. No other persons appeared during the hearing.P&Z voted to unanimously approve.

Impact on the CLUP:A majority of the CLUP discussion has been presented within the Item Summary section. The proposal is notconsistent with the current CLUP, but compelling mitigation factors exist.

The Planning Commission agreed with the applicant and staff that conditions exist to deviate from the CLUP in thislocation, with the understanding that IHI has design standards for new structures and requires any outside storage tobe screened. Another plus of the proposal is to provide the ability to offer in south Lubbock a place forquality office warehouse construction within the city limits, and not force them into the County which is the normalprocess.

P&Z Commission Recommendation with the following proposed conditions:1. The zoning for Interstate Industrial is limited to two permitted uses:

a) office warehouse facilities, andb) storage buildings (mini warehouse in the Code).

2. For proposed storage building development, a site plan and elevation of the proposed project shall be reviewedand approved by the Planning Commission.

Fiscal ImpactNone.

Staff/Board RecommendingThe Planning and Zoning Commission recommends approval of the request with conditions. Quincy White, Assistant City Manager.

AttachmentsOrdinance - Zone Case 2508-HZone Case 2508-H


InformationAgenda ItemOrdinance 2nd Reading - Planning: Zone Case 2278-B. Ordinance 2013-O0014. Consider a request of M.L.Smith, RA (for W.W. Butler, Junior Senior Inc.) for a zoning change from C-2 to C-2 Specific Use for a vet clinicon a portion of Lot 1, Butler 98th and Slide Addition (5214 98th Street).


Zoning Request:From C-2 (Local Retail District) to C-2 Specific Use.

Proposed Land Use:As a part of a larger shopping center, the applicant has proposed a vet clinic. Many such clinics have beenapproved over the years, and no complaints have been made with regard to the business operation.

Adjacent Land Uses:North: (Commercial), Zoned C-2 (local retail)South: (Commercial), Zoned C-3 (general retail)East: (Commercial), Zoned C-2 (local retail)West: (Residential), Zoned R-1 Specific Use

Planning and Zoning (P&Z) Public Hearing Notes from January 8, 2013:No one other than the applicant appeared before the P&Z.P&Z voted unanimously to approve.

Impact on the Comprehensive Land Use Plan (CLUP):The request is consistent with the CLUP. A vet clinic is allowed under a specific use zone case in any commercialdistrict.

Pand Z Recommendation:1. Tied to the proposed location of the vet clinic within the shopping center as noted on the approved site plan.

Fiscal Impact None.

Staff/Board RecommendingThe Planning and Zoning Commission recommend approval of the request with conditions. Quincy White, Assistant City Manager

AttachmentsOrdinance - Zone Case 2278-BZone Case 2278-B


InformationAgenda ItemPublic Hearing 6:30 p.m. - Planning: Consider an appeal of Zone Case 2508-I, an appeal of a denial by thePlanning Commission of AMD Engineering, LLC (for Lubbock Land Company, LLC) for a zoning change fromR-1 Specific Use to R-2 Specific Use for duplexes with reduced setbacks on corner and cul-de-sac lots on 12.33acres of unplatted land out of Block E-2, Section 19 (Gary Avenue and 112th Street) and consider an ordinance.

Item SummaryZoning Request: From R-1 (Single-Family District) Specific Use to R-2 (Two-Family District) Specific Use.

Proposed Land Use:The subject property is proposed to be zoned R-2 for a duplex residential development.

Adjacent Land Uses:N - (Residential), Zoned R-2 (Two-Family District) Specific UseS - (Residential), Zoned R-1 (Single-Family) Specific Use E - (Residential), Zoned R-1 (Single-Family) Specific Use W - (Residential and Commercial), Zoned R-2 (Two-Family District), A-1 (Family Apartment District) and C-3(General Retail District)

Planning and Zoning Commission (P&Z) Public Hearing Notes from Januray 8, 2013:Several members of the public appeared at the meeting to speak in opposition to the request. Their concernsgenerally related to the potential oversaturation of duplexes in the area with the current duplex development withapproximately 70 lots directly to the north of this property. This project would add approximately 30 lots.P&Z voted unanimously to deny.

Impact on the Comprehensive Land Use Plan (CLUP):The proposal is consistent with the CLUP. The current designation is Residential which is consistent with theproposed zone change to R-2 Specific Use or duplex use. With the property to the north currently zoned R-2 and apending A-1 zone case to the west, this proposal may represent a greater amount of R-2 zoned property than wewould normally anticipate. However, it would provide additional buffering between the R-1 (Single-Family District)property to the east and the more intensive zoning designations to the west. In this case an extension of the duplexzoning appears reasonable.

P&Z Recommendation with any proposed conditions:The Planning and Zoning Commission recommended denial of the request. The applicant has appealed the Planningand Zoning Commission’s recommendation to deny the request. The proposal must receive the affirmative vote ofat least three-fourths of all members of the City Council, or six affirmative votes, for the appeal to be successful.

Fiscal ImpactNone.

None.

Staff/Board RecommendingThe Planning Commission recommends denial of the request. Quincy White, Assistant City Manager.

AttachmentsOrdinance - Zone Case 2508-IZC 2508-I


InformationAgenda ItemResolution - Planning: Consider a resolution approving and granting a variance from the applicable 300-footminimum distance provisions of City of Lubbock Ordinance 2009-O0060 at the location of 3314 4th Street #200for Ravi's Liquor, a business requesting an off-premise alcoholic beverage permit.

Item SummaryBACKGROUND/DISCUSSION:Effective August 8, 2009, Ordinance 2009-O0060 amends Section 18-11, Alcoholic beverages - Sale near church,school or hospital, in Chapter 18, Offences - Miscellaneous, of the City of Lubbock Code of Ordinances, related tobusinesses that obtain a permit from the Texas Alcohol Beverage Commission (TABC) for the sale of alcohol. As apart of the ordinance, the City Council adopted a standard that prohibits any business, that is within 300 feet ofany public or private school (K-12), measured from the property lines of each tract, from having a permit issuedby TABC. The City Council may consider a variance to the 300-foot rule as set forth in the Texas AlcoholicBeverage Code.

The request for a variance is from the package store, Ravi's Liquor at 3314 4th Street #200, which abuts TexasTech University. The business is currently open, having transferred a permit from a separate location. With thatprocess, the applicant was not required to request a zoning certificate from the City, but went straight toTABC forpermission to open. A request for a new permit at this location is now pending, and the Planning staff required theseparation variance request. The adjacent convenience store has an off-property beer and wine variance. To theeast, Jumbo Joe's is grandfathered to sell beer on-site, and Blue Sky has an on-site beverage permit variance. The City Council has wide discretion in considering whether to grant a variance. The following may be consideredby the City Council (as noted by the State of Texas statute providing for the variance process):

The enforcement of the regulation in a particular instance is not in the best interest of the public.The regulation constitutes waste or inefficient use of land or other resources.The regulation creates an undue hardship on the applicant, does not serve its intended purpose or is noteffective or necessary.The variance may be granted for any other reason, after consideration of the health, safety and welfare of thepublic and the equity of the situation, if the governing body finds it to be in the best interest of the community.

Chancellor Hance and President Schovanec have been notified by letter of the request. Ravi's Liquor is north ofTexas Tech University at the corner of Indiana and 4th Street.

Fiscal Impact None.


AttachmentsResolution - Ravi's LiquorLetters - Variance


InformationAgenda ItemOrdinance 2nd Reading - City Council: Consider Ordinance 2013-O0007 amending Chapter 14 of the Code ofOdinances of the City of Lubbock, Texas, with regard to adding section 14.01.009 relating to illicit synthetic drugs,to prohibit the sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicitsynthetic drugs and misbranded drugs; providing for exceptions; providing a penalty clause; providing a savingsclause; and providing for publication.

Item SummaryOn Januray 31, 2013, the City Council approved the first reading of the ordinance.

Proposed ordinance is attached.

Fiscal ImpactNone.

Staff/Board RecommendingKaren Gibson, Mayor Pro TemVictor Hernandez, District #1 CouncilmanTodd Klein, District #3 Councilman

AttachmentsOrdinance


InformationAgenda ItemContract Resolution - Community Development: Consider a resolution authorizing the Mayor to executeContract 11187 a Community Development Funding contract and all related documents, with Catholic CharitiesDiocese of Lubbock to provide assistance to families to transition them out of poverty through the CommunityService Block Grant (CSBG) for the Parent Empowerment Program.

Item SummaryCatholic Charities Diocese of Lubbock is receiving funding to operate the Parent Empowerment Program. Thefunds are fromthe CSBG program, administered by the Texas Department of Housing and Community Affairs (TDHCA). Fundsare used to provide assistance to transition families out of poverty. The total allocation for this program is$175,630. TDHCA has released approximately 25% of the total CSBG allocation. The City is releasing $43,907and will notify the subrecipient as more funds are made available. The period of performance is January 1, 2013,through December 31, 2013. The Community Development and Services Board approved funding for this projectat their regularly scheduled meeting on February 13, 2013.

Fiscal ImpactThe maximum amount to be allocated from CSBG for this program is $175,630.


AttachmentsResolution & Contract - Catholic Charities

RESOLUTION

BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I. UBBOCK:

THAT the Mayor of the City of Lubbock is hereby authorized and directed toexecute for and on behalf of the Cit\ of lubbock. a Communit\ Dc elopmcnt FundingContract. by and hctwccn the Cit of Lubbock and Catholic Charities Diocese ofLubbock. for the Communit Services Block Grant Program. and all related documents.Said Contract is attached hereto and incorporated in this resolution as if fuil set. lbrthherein and shall he included in the minutes of the City Council.


______________________—____________

Ol3.


ATTEST:


APPROVED AS To CONTENT:

L44h___ —-______

Phyi BrownIntëtim Community Development Director

APPROVII) AS H) I ORM:

\m Siam. \ssistant Cil\ :\t1ome

( ::.:n. \._Ir’ii—( ITtiITL ( h HiIL I 0

COMMUNITY SERVICE BLOCK GRANTAGREEMENT BETWEEN THE CITY OF LUBBOCK

AND CATHOLIC CHARITIES, DIOCESE OF LUBBOCK

STATE OF TEXAS §

COUt’TY OF LUBBOCK §

This Contract entered into this 14th day of February 2013, by and between the CITY OFLUBBOCK (herein called “City”) and CATHOLIC CHARITIES, DIOCESE OF LUBBOCK a nonprofit Center (herein called “Contractor”).

WHEREAS, the City is obligated to do and perform certain services in its administration ofCommunity Services Block Grant; and

WHEREAS, the Contractor operates a non-profit center offering services to low-incomeindividuals in the County of Lubbock; and

WHEREAS, the services provided by the Contractor benefit citizens of the County ofLubbock and constitute a valuable public service; and

WHEREAS, the City Council of the City of Lubbock has declared programs of theCatholic Charities to be a public purpose and the provision of these services to be a predominatepurpose of this transaction; and

WHEREAS, the Contractor and the services it provides have been found to meet the criteriafor funding under the RFP; and

WHEREAS, the accomplishment of the above public purpose is the predominant purposeof this transaction, continuing supervision by the City and State together with statutory andcontractual requirements provide sufficient assurance that this public purpose will beaccomplished and an audit provides sufficient protection of the handling of public money: and

WHEREAS. the City Council had found that the Contractor has the special expertise,knowledge and experience necessary for the performance of the contract and that the City willreceive adequate consideration in the form of substantial public benefit; and

WHEREAS, the City desires to contract with the Contractor to make available operatingassistance for the Parent Empowerment Program.


SCOPE OF SERVICE

A. General Overview of Program:

1. Contractor will use $175,630 of CSBG funds awarded to administer the ParentEmpowerment Program and transition people out of poverty by providing directassistance with education and support services and per the budget herein.


1. City agrees to provide Contractor assistance from Community Services BlockGrant funds in an amount not to exceed $175,630 for the Parent EmpowermentProgram in return for Contractor performing the activities set forth in thisContract as consideration for said funds:

2. It is expressly understood and agreed by the parties hereto that the City’sresponsibilities are contingent upon the actual receipt of adequate funds to meetCity’s liabilities under this contract. If adequate funds are not available tomake payment under this contract. City shall noti’ Contractor in writingwithin a reasonable time after such fact is determined. City shall terminate thisContract and will not be liable for failure to make payments to Contractor underthis Contract.

The funds shall be disbursed in the amounts and at the time the funds aredisbursed to the City by the State of Texas. The City is not responsible for anyamounts not distributed by the State of Texas. CSBG funds shall be disbursed inthe amount and at the time funds are disbursed to the City by the State of Texas.The State of Texas has currently released approximately twenty-five percent(25%) of the total amount of funds to the City. Therefore, the City shall currentlydisburse $43,907 in CSBG funds to the Contractor, and will notify the Contractoras other funds are released.

3. City shall not be liable to Contractor for any costs incurred by Contractor, orany portions thereof, which have been paid to Contractor or which are subjectto payment to Contractor, or which have been reimbursed to Contractor orwhich are subject to reimbursement to Contractor by any source other than Cityor Contractor.

4. City shall not be liable for any costs incurred by Contractor which are notallowable costs as set forth in the contract.

5. City shall not be liable to Contractor for any costs incurred by Contractor or forany performances rendered by Contractor which are not strictly in accordancewith the terms of this Contract.

6. City shall not he liable to Contractor for any costs incurred by Contractor in theperformance of this Contract which have not been billed to City by Contractorwithin sixt (60) das following termination of this Contract

7. City shall not be liable for costs incurred or performances rendered byContractor before commencement of this Contract or after termination of thisContract.

8. City’s financial assistance will be limited to the following:

a. The assistance made available through this Contract shall be used by theContractor solely for the purpose of the Parent Empowerment Program.


c, The services provided by the Contractor shall benefit lower-income familiesresiding in the County of Lubbock and whose gross household income doesnot exceed the most recent Poverty Income Guidelines issued by the U.S.Department of Health and Human Services.


1. Contractor agrees to use funds made available through this Contract solely forthe purpose of the Catholic Charities Parent Empowerment Program, at 102Ave J.

2. Contractor agrees to comply with applicable uniform administrativerequirements, as described in the Catholic Charities Policy Manual andgenerally accepted administrative requirements for the Texas State Governmentlocated at 1 TAC5. 141 et seq. And the federal administrative requirementslocated at 45CFR Part 96.


IL TIME OF PERFORMANCE

This Contract shall commence January 1, 2013 and shall terminate December 31, 2013. Theterms of this Contract and the provisions herein may be extended on a year to year basisduring the five year roll-over cycle ending December 2013, provided funds are receivedfrom TDHCA and provided the Contractor meets its contractual obligations during thecurrent funding year, subject to board approval and Mayor’s signature.

IlL BUIIGET

CSBG Matching Funds Total ProjectFunds Funds

Administration:

Personnel 6000

Fringe Benefits 14,400

Office Supplies 200

Copy Supplies 100

Postage 250

Telephone 100

Office Space 560

Facility Utilities 360

Insurance 500

Total Administration 22,470

Program:

Tuition, fees, certification, 14,000licensing, testing, etc.

Books 21,100

Child Care 8,401

Transportation 8,000

Utilities 30,31 1

Rent 26,000

Case Management 38,861

Other (uniforms, Rx, eye 6,487exams and glasses, etc.)

Total Program $ 153,160

GRAND TOTAL $ 175,630

IV. PAYMENT

City will pay up to $175,630 to Contractor based upon the receipt of request for fundsand project expense summary for the above-described project. Contractor shall submit toCity invoices for items purchased. City shall determine the reasonableness of eachpurchase and shall not make disbursement of any such payment until City has reviewedand approved each purchase. If need is shown to exist, City staff can release up to 10% ofthe funds to be used as start-up funding. Contractor will then bill City monthly forexpenses occurred during the month, By end of program year, Contractor will haveprovided City with proper documentation to show how all funds were expended, includingthe start-up costs.

V. NOTICES

Communication and details concerning this Contract shall be directed to the following

Contract representatives:

Joe Rangel Beth ZarateCity of Lubbock Catholic Charities. Diocese of LubbockP. 0. Box 2000 102 Ave JLubbock, TX 79457 Lubbock, TX 79401


A. Specific Requirements to Meet Conditions Outlined in RFP

1. Contractor will maintain adequate case management files on each client assisted;whether the case management is funded through this grant or not, and whetherthe case management is provided by the Contractor or not.

2. Contractor will keep adequate documentation of the design of the program, theimplementation of the program, and evaluation of program design.

3. Contractor will keep documentation of their efforts to leverage CSBG fundswith other programs to enhance the services provided to clients.




Contractor agrees to comply with all applicable federal, state and local laws andregulations governing the funds provided under this Contract which were madeavailable under City’s Community Services Block Grant program.

2. Labor Standards

The Contractor agrees to comply with the requirements of the Secretary of Labor inaccordance with the Copeland Anti-Kickback” Act (40 U.S.C 276a-276a-5; 40 USC327 and 40 USC 26c) and all other applicable Federal, state and local laws andregulations pertaining to the labor standards insofar as those acts apply to theperformance of this contract.

3. Right to Exercise

The City reserves the right to exercise any right or remedy available to it by law.contract. equity, or otherwise. including without limitation. the right to seek any andall forms of relief in a court of competent jurisdiction. Further. the City shall not hesubject to any arbitration process prior to exercising its unrestricted right to seek

judicial remedy. The remedies set forth herein are cumulative and not exclusive, andmay be exercised concurrently. To the extent of any conflict between this provisionand another provision in. or related to. this document. the former shall control.


Nothing contained in this Contract is intended to, or shall he construed in anymanner, as creating or establishing the relationship of employer/employee betweenthe parties. Contractor shall at all times remain an independent contractor withrespect to the services to be performed under this Contract. City shall be exemptfrom payment of all Unemployment Compensation, FICA, retirement, life andlormedical insurance and Worker’s Compensation insurance as the Contractor is anindependent Contractor.


Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, theCity, and City’s respective officers, employees, elected officials and agents, from andagainst any and all losses, damages, claims or liabilities, of any kind or nature, whicharise directly or indirectly, or are related to, in any way, manner or form, the activitiescontemplated hereunder, including, but not limited to, losses, damages, claims orliabilities arising from or related to, in any way, manner or form, the act or omissionof third parties and/or the negligence or fault of City, its respective officers,employees, elected officials and /or agents. Grantee further covenants and agrees todefend any suits or administrative proceedings brought against the City and/or theCity’s respective officers, employees, elected officials andlor agents on account ofany such claim, and to pay or discharge the full amount or obligation of any suchclaim incurred by, accruing to, or imposed on the City, or the City’s respectiveofticers. employees, elected officials and/or agents, as applicable, resulting from suchsuits, claims and/or administrative proceedings or any matter resulting from thesettlement or resolution of said suits, claims and/or administrative proceedings, inaddition, Grantee shall pay to the City, applicable, all attorney’s fees incurred by suchparties in enforcing Grantee’s indemnity in this section.

The City, and its respective officers, employees, elected officials and agents shall notbe liable and Grantee hereby releases the City, and its respective officers, employees,elected officials and agents, for. from and/or against any losses, damages, claims orliabilities to Grantee, on an theory of legal liability, including, but not limited to thenegligence, of any type of degree or fault, of the City, arising from or related to, inan way. manner of form, the unenforceabilitv or voidance. for any reason, of all orpart of this agreement.


D. Worker’s Compensation

Contractor shall provide Worker’s Compensation insurance coverage for allemployees involved in the performance of this Contract.

F, ace and Bondin


Type of Insurance Minimum LiabilityCommercial General Liability $1,000,000 LimitProperty Damage Liability $100,000 Each Occurrence

F. City Recognition

Contractor shall insure recognition of the role of City’s Community Services BlockGrant program in providing funding through this Contract. All activities, facilitiesand items utilized pursuant to this Contract shall be prominently labeled as tofunding source. In addition, Contractor will include a reference to the supportprovided herein in all publications made possible with funds made available underthis Contract.

G. Changes and Amendments

City or Contractor may amend this Contract at any time, provided that suchamendments make specific reference to this Contract, and are executed in writing,signed by a duly-authorized representative of both organizations and approved bythe City Council if required by law. Such amendments shall not invalidate thisContract, nor relieve nor release City or Contractor from its obligations under thisContract.

City may, in its discretion, amend this Contract to conform with federal, state orlocal governmental guidelines, policies and available funding amounts, or for otherreasons. If such amendments result in a change in the funding, the scope ofservices, or the activities to be undertaken as part of this Contract, suchmodifications will be incorporated only by written amendment signed by both Cityand Contractor.

H. Suspension or Termination

Either party may terminate this Contract at any time by giving written notice to theother party of such termination and specifying the effective date thereof at leastthirty (30) days before the effective date of such termination. Partial terminationof the Scope of Service in Paragraph “LB” above may only be undertaken with theprior approval of City. In the event of any termination for convenience, all finishedor unfinished documents, data, studies, surveys, maps, models, photographs,reports, or other materials prepared by Contractor under this Contract shall at theoption of City, become the property of City, and Contractor shall be entitled toreceive just and equitable compensation for any satisfactory work completed onsuch documents or materials prior to the termination.

City may also suspend or terminate this Contract, in whole or in part, if Contractor

materially fails to comply with any term of this Contract, or with any of the rules,regulations, or provisions referred to herein; and the City may declare theContractor ineligible for any further participation in City contracts, in addition toother remedies as provided by law, In the event there is probable cause to believeContractor is in noncompliance with any applicable rules or regulations, City maywithhold up to fifteen percent (15%) of said contract funds until such time asContractor is found to be in compliance by City or is otherwise adjudicated to bein compliance.

The City may also terminate this agreement in the event of an emergency or disaster,whether an act of God, natural or manmade, by giving twenty-four (24) hour notice.The City may give said notice verbally to Grantee. Any expenditures incurred priorto receiving notice will be reimbursed; however, in no event shall the City pay anyexpenses incurred after notice of termination is received by Grantee.

Prevention of Waste, Fraud, and Abuse

Contractor shall establish, maintain, and utilize systems and procedures to prevent,detect, and correct waste, fraud, and abuse in activities funded under this contract.The systems and procedures shall address possible waste, fraud, an abuse byContractor, its employees, recipients, vendors, and administrating agencies.Contractor’s internal control systems and all transactions and other significant eventsare to be clearly documented, and the documentation is to be readily available formonitoring by City.

Contractor shall give City complete access to all of its records, employees, and agentsfor the purposes of any investigation of the funded programs. Contractor shallimmediately notify City of any discovery of waste, fraud or abuse. Contractor shallfully cooperate with City’s efforts to detect, investigate, and prevent waste, fraud andabuse in the funded program.

Contractor may not discriminate against any employee or other person who reports aviolation of the terms of this contract or of any law or regulation to the City or to anyappropriate law enforcement authority, if the report is made in good faith.

J. Legal Remedies

In instances where the Contractors violate or breach this Contract, the City may applyadministrative, contractual, or legal remedies. The City may suspend all activitiestemporarily pending either corrective action by the Contractor or a decision by theCity to terminate this contract.

K. Legal Authority

Contractor represents that it possesses the practical ability and legal authority to enterin to this contract, receive and manage funds authorized by this contract, and toperform the services Contractor has obligated itself to perform under this contract.

The person signing this contract on behalf of Contractor herby warrants that he/shehas been authorized by Contractor to execute this contract on behalf of Contractorand to bind Contractor to all terms herein set forth,

L. Reporting and Patent Rights

Contractor shall abide by all requirements and regulations pertaining to the reportingand patent rights involving research, developmental, experimental or demonstrationwork, with respect to any discovery or invention which arises or is developed in thecourse of satisfying the terms of this agreement.



1. Accounting Standards

Contractor agrees to comply with Attachment F of 0MB Circular A- 110and agrees to adhere to the accounting principles and procedures requiredtherein, utilize adequate internal controls, and maintain necessary sourcedocumentation for all costs incurred.

2. Cost Principles

Contractor shall administer its program in conformance with 0MBCirculars A- 122, “Cost Principles for Non-Profit Orgaizations”, or A-2 1,“Cost Principles for Educational Institutions”, as applicable, for all costsincurred whether charged on a direct or indirect basis.

B. Documentation and Record-Keeping


Contractor shall maintain all records required by the State of TexasDepartment of Housing and Community Affairs, and that are pertinent tothe activities to be funded under this Contract.

2. Retention

Contractor shall retain all record pertinent to expenditures incurred underthis Contractor for a period of five (5) years after the termination of allactivities funded under this Contract, or after the resolution of all Stateaudit findings, whichever occurs later.

3. Client Data

Contractor shall maintain client data demonstrating client eligibility forservices provided. Such data shall include, but not be limited to: totalnumber of information and referral calls received and broken down intosubject categories for every call; specific information obtained through

random screening of calls such as income level, gender, race, age,education-level, and household size. Such information shall be madeavailable to City monitors or their designees for review by the 10th day ofevery month,

4. Audits and Inspections

All Contractor records with respect to any matters covered by thisContract shall be made available to City, their designees or the StateGovernment, at any time during normal business hours, as often as City orState deems necessary, to audit, examine, and make excerpts or transcriptsof all relevant data, both financial and programmatic. Any deficienciesnoted in audit reports must be fully cleared by Contractor within thirty(30) days after receipt by the Contractor. Failure to comply with theabove audit requirements will constitute a violation of this Contract andmay result in the withholding of future payments.


1. Financial Record Reports




IX. PERSONNEL AND PARTICIPANT CONDITIONS

A. Civil Rights

Contractor agrees to comply and to require all subcontractors to comply with TitleVI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Actof 1968 as amended, Section 109 of Title I of the Housing and CommunityDevelopment Act of 1974, Section 504 of the Rehabilitation Act of 1973, theAmericans with Disabilities Act of 1990, the Age Discrimination Act of 1975,Executive Order 11063, and with Executive Order 11246 and the regulationsissued under the order at 41 CFR chapter 60.

Non-discrimination and Equal Opportunity

No person shall, on the grounds of race, color, national origin, or sex be excludedform participation in, be denied from the benefits of or be subjected to discriminationunder any program or activity funded in whole or in part with funds made availableunder the contract.

Any prohibition against discrimination on the basis of age under the AgeDiscrimination Act of 1990. or with respect to an otherwise qualified disabledindividual as provided in section 04 of the Rehabilitation Act of 1973. shall alsoapply to any such program or activity.

B. Conduct

1. Prohibit Political Activity and Lobbying

Lobbying


a. No Federal appropriated funds have been paid or will be paid, by or on behalfof it, to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with theawarding of any Federal contract, the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federalcontract, grant, loan, or cooperative agreement;

b. If any funds other than Federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement, it will complete andsubmit Standard Form-LLL, “Disclosure Form to Report Lobbying,” inaccordance with its instructions;

c. It will require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements) and that allsubrecipients shall certify and disclose accordingly; and

None of the funds provided under this contract shall be used for influencing theoutcome of any election, or the passage or defeat of any legislative measure. Thisprohibition shall not be construed to prevent any oflicial or employee ofContractor from furnishing to any member of its governing body upon request, orto any other local or official not considered under law to be confidentialinformation. Any action taken against an employee or official for supplying suchinformation shall subject the person initiating the action to immediate dismissalfrom employment.

No funds provided under this Contract may be used directly or indirectly to hireemployees or in any other way fund or support candidates for the legislative.executive, or judicial branches of government of Contractor. the State of Texas. orthe government of the 1 Tnited States.

None of the funds provided under this contract shall be paid to any official oremployee who violates any of the provisions of this section.

2. Conflict of Interest and Nepotism


No person (1) Who is an employee, agent, consultant. officer. or official of thecontractor and who exercises or has exercised any functions or responsibilities withrespect to assisted contract activities; or (2) Who is in a position to participate in adecision making process or gains inside information with regard to such activities.may obtain a personal or financial interest or benefit, direct or indirect, in anycontract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have familiar or business ties,during their tenure.


C. Air & Water


Clean Air Act, 42 U.S.C., 7401. et seq.Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., asamended, 1318 relating to inspection, monitoring, entry, reports, and information, aswell as other requirements specified in said Section 114 and Section 308, and allregulations and guidelines issued thereunder.

IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.

CITY OF LUBBOCK CATHOLIC CHARITIESDIOCESE OF LUBBOCK

I

Glen C. Robertson Beth Zarate IMAYOR EXECUTIVE DIRECTOR

ArrEST: FED. I.D.# I 5 t 9 Co( (o L



PhylliiBrown, Interim DirectorCommunity Development


2-

Sims -AsranityAitflié


InformationAgenda ItemBoard Appointments - City Secretary: Declare three appointments by the Mayor to the Housing Authority Boardof Directors: Toby Cecil, Brenda Hawkins, and John Richardson.

Item SummaryNone.

Fiscal ImpactNone.

Staff/Board RecommendingBecky Garza, City Secretary

AttachmentsBoard Appointment Letters


InformationAgenda ItemBoard Appointments - City Secretary: Consider one appointment to the Electric Utility Board.

Item SummaryNone.

Fiscal ImpactNone.

Staff/Board RecommendingBecky Garza, City Secretary

AttachmentsRS Board Appointments

BOARD NAMEAGENDA SESSION REQUIREMENTS MEMBER INFO

MEMBER ATTENDANCE

RECOMMENDED ACTION & INFO (AAB ; STAFF) SCRIPT APPOINTEE

ELECTRIC UTILITY BOARD EXECUTIVE

MIKE DAVIS (M,A,5) N/A

GREG JONES (M,A,6) PROSPERITY BANK; JOE RAPIER (M,A,3) PARKHILL, SMITH, AND COOPER; PAUL RUIZ (APPLICATION PENDING)

CONSIDER 1 APPOINTMENT TO THE ELECTRIC UTILITY BOARD

FEBRUARY 14, 2013 REGULAR CITY COUNCIL MEETING - BOARD & COMMISSION APPOINTMENTS

City of Lubbock, Texas

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