HomeMy WebLinkAboutAgenda Packet City Council - 08/11/2020City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, August 11, 2020
Addendums may be added on Friday.
A.Mayor Joe McComb to call the meeting to order.
B.Invocation to be given by Mayor Joe McComb.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted
on the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
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August 11, 2020City Council Meeting Agenda - Final-revised
G.MINUTES:
1.20-0931 Regular Meeting of July 28, 2020
H.BOARD & COMMITTEE APPOINTMENTS:
2.20-0933 Construction Trade Advisory & Appeals Board
I.EXPLANATION OF COUNCIL ACTION:
J.CONSENT AGENDA: (ITEMS 3 - 15)
3.20-0926 One-Reading Ordinance calling for a special election for Infrastructure
Bond 2020 Program to be on November 3, 2020 in the City of Corpus
Christi for the authorization of bond issuances for the City by ad valorem
taxes totaling $75 million without a property tax rate increase to fund 42
projects under the following propositions: Streets ($61 million), Parks ($12
million), and Public Safety ($2 million).
Sponsors:Engineering Services and City Secretary's Office
Consent - Second Reading Ordinances
4.20-0868 Ordinance ordering a general election to be held on November 3, 2020, in
the City of Corpus Christi for the election of Mayor and Eight Council
Members; providing for procedures for holding such election; providing for
notice of election and publication thereof; providing for establishment of
branch early voting polling places; designating polling place locations;
authorizing a joint election with Nueces County, and a runoff election, if one
is necessary, on December 15, 2020; authorizing execution of a Joint
Election Agreement with Nueces County; and enacting provisions incident
and relating to the subject and purpose of this ordinance.
Sponsors:City Secretary's Office
5.20-0872 Ordinance authorizing acceptance and appropriation of a grant for
$7,234,755 in Community Development Block Grant Disaster Recovery
(“CDBG-DR”) funding from the Texas General Land Office to construct the
Airport Tributary Detention Pond project; authorizing acceptance and
appropriation of a sub-grant award of $163,244 from the Texas Division of
Emergency Management (TDEM) Hazard Mitigation Grant Program for the
La Volla Creek Drainage Improvement Phase I project; appropriating an
additional $8,636,006 as City matching funds from the Stormwater Capital
Improvements Program ($7,600,000 for the CDBG-DR grant and
$1,036,006 for the TDEM sub-grant); amending the budget; and
designating authorized signatories for contractual and financial documents
pertaining to the CDBG-DR Grant Contract No. 20-065-133-C445.
Sponsors:Development Services
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Consent - Contracts and Procurement
6.20-0848 Motion authorizing a six-month service agreement with PlayCore
Wisconsin, Inc. dba GameTime for a total amount not to exceed
$247,145.94 for the purchase and installation of 14 shade structures at
various parks located throughout the City, with funding in an amount of
$247,145.94 available through the FY 2020 Community Enrichment Fund.
Sponsors:Parks and Recreation Department and Contracts and Procurement
7.20-0758 Motion authorizing a three-year service agreement for fire extinguisher
inspection, annual maintenance services, and the purchase of replacement
fire extinguishers and parts with IFS Fire and Safety Inc., for a total amount
of $58,807.90, for field use by Gas Operations’ employees, effective upon
issuance of notice to proceed with FY 2020 funding available through the
Gas Fund in the amount of $3,267.11 .
Sponsors:Gas Department and Contracts and Procurement
8.20-0788 Motion authorizing the lease-purchase of three replacement freightliner
vehicles: one 2021 Freightliner M2-112 TRA heavy crew truck and two
2020 Freightliners M2-106 SRA 6-8 cubic yard dump trucks from Houston
Freightliner, Inc., in an amount of $370,161.05, for Gas Operations,
effective upon issuance of letter of acceptance with FY 2020 funding
available through the Gas Fund in the amount of $12,338.70.
Sponsors:Gas Department and Contracts and Procurement
9.20-0791 Motion authorizing the lease-purchase of two F550 crew cab trucks from
Silsbee Ford, Inc., in an amount of $141,642.79, one truck will be an
addition to the fleet and the other truck will be a replacement for Gas
Operations, effective upon issuance of letter of acceptance with FY 2020
funding available through the Gas Fund in the amount of $4,721.43.
Sponsors:Gas Department and Contracts and Procurement
10.20-0794 Motion authorizing the lease-purchase of one 2021 Western Star 4700SF
dump truck from Lonestar Freightliner Group, LLC, in an amount of
$175,918.42, for Gas Operations as a replacement unit, effective upon
issuance of letter of acceptance with FY 2020 funding available through the
Gas Fund in the amount of $5,863.95.
Sponsors:Gas Department and Contracts and Procurement
11.20-0867 Motion authorizing a three-year service agreement with Synergy Sweeping
Services, LLC of Corpus Christi, Texas in an amount not to exceed
$2,307,576.00 to perform street sweeping services throughout the City
with funding in an amount of $128,198.67 available through the FY 2020
Storm Water Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
12.20-0803 Motion authorizing a purchase of one 2020 Hyster H90FT lift truck forklift
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August 11, 2020City Council Meeting Agenda - Final-revised
from Briggs Equipment, in an amount of $60,053.12, as a replacement unit
for in-house use by the Asset Management Department, effective upon
issuance of letter of acceptance with funding available through the FY 2020
Fleet Maintenance Fund.
Sponsors:Asset Management Department and Contracts and Procurement
General Consent Items
13.20-0846 Resolution authorizing the submission of a grant application for the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the
amount of $157,601; and authorizing an Interlocal Agreement with Nueces
County for the distribution of JAG Program funds in an amount of $78,800
to Nueces County should the grant be awarded and the remaining
$78,801 to be used by the City.
Sponsors:Police Department
14.20-0729 Resolution authorizing an Interlocal Cooperation Agreement with Nueces
County for reconstruction and annexation of County Road 33.
Sponsors:Planning & Environmental Services
15.20-0888 Resolution to create and enter the Harbor Bridge Right-of-Way Coalition to
be made up of three representatives of the City of Corpus Christi, three
representatives of Nueces County, three representatives of the Port of
Corpus Christi Authority, one representative of the Downtown Management
District, and one representative of the Metropolitan Planning Organization.
Sponsors:Assistant City Manager
K.RECESS FOR LUNCH
L.PUBLIC HEARINGS: (ITEMS 16 - 17)
16.20-0839 Zoning Case No. 0620-01, Camacho Resources, LLC (District 1).
Ordinance rezoning property at or near 7585 Leopard Street from the “IL”
Light Industrial District and “RMH” Manufactured Home District to the “IH”
Heavy Industrial District. Planning Commission and Staff recommend
Denial of the change of zoning from the “IL” Light Industrial District and
“RMH” Manufactured Home District to the “IH” Heavy Industrial District, in
lieu thereof, approval of the “IL/SP” Light Industrial District with a Special
Permit (SP) with conditions. (3/4 vote required to overrule the
recommendation of the Planning Commission).
Sponsors:Development Services
17.20-0879 Ordinance designating 258.9 acres within the jurisdiction of the City of
Corpus Christi as a Tax Increment Financing District to be known as
"Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant
to petition by owners of Crosstown Commons subdivision; setting a
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maximum City financial participation of 75% over 20 years and a maximum
contribution of $9,000,000; and establishing a Board of Directors for the
Reinvestment Zone.
Sponsors:Finance & Business Analysis
M.REGULAR AGENDA: (ITEM 18)
18.20-0947 Resolution determining that the proposed citizen-initiated “Petition for
Charter Amendment related to the Prohibition of the Use, Acquisition and
Sale of Desalinated Water” failed to comply with Texas Local Government
Code § 9.004 because it was not signed by at least 5% of the qualified
voters of the City of Corpus Christi, Texas.
Sponsors:City Secretary's Office
N.FIRST READING ORDINANCES: (ITEMS 19 - 20)
19.20-0437 Ordinance authorizing an Interlocal Cooperation Agreement with Nueces
County to reimburse $200,000 to the City related to the engineering design
cost associated with the extension of Junior Beck Drive from Dead End to
Old Brownsville Road and accepting and appropriating a Financial
Assistance Award in an amount of $3,000,000 from the United States
Department of Commerce-Economic Development Administration for the
design and construction of Junior Beck Drive located in City Council
District 3, with a City match of $750,000 with funding available through the
2018 Bond Program and amending the Capital Improvement Program
Budget and appropriating grant Funds in the Street CIP Fund.
Sponsors:Engineering Services and Public Works/Street Department
20.20-0854 Ordinance authorizing execution of all documents necessary to enter into a
Consent Decree with the United States of America and State of Texas
regarding improvements, operation and maintenance of the City
wastewater system and appropriating $1,187,000 for civil penalty for the
United States, attorney fees for the State of Texas, and City legal and
consultant services related to finalizing and obtaining court approval of said
decree.
Sponsors:Water Utilities Department
O.BRIEFINGS:
P.EXECUTIVE SESSION: (ITEMS 21 - 22)
21.20-0944 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to sanitary sewer overflows
and the City’s sanitary sewer system, water system, and/or drainage
system and/or potential future litigation involving the U.S. Environmental
Protection Agency, State of Texas, and/or U.S. Department of Justice and
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August 11, 2020City Council Meeting Agenda - Final-revised
the potential approval of attorney’s fees, expert fees, and expenses for
negotiations and/or litigation with the aforesaid entities.
22.20-0953 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to matters in collective
bargaining agreement(s) with the Corpus Christi Professional Firefighters’
Association, pension matters involving City employees, other potential
collective bargaining matters, and potential approval in open session of a
collective bargaining agreement with the Corpus Christi Professional
Firefighters’ Association.
Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS
R.ADJOURNMENT
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1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, July 28, 2020
Addendums may be added on Friday.
Mayor Joe McComb to call the meeting to order.A.
Mayor McComb called the meeting to order at 1:17 p.m.
Invocation to be given by Mayor Joe McComb.B.
Mayor McComb gave the invocation.
Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C.
Mayor McComb led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D.
City Secretary Rebecca L. Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and
City Secretary Rebecca L. Huerta.
Note: Council Members Paulette Guajardo, Roland Barrera and Greg Smith
participated by video conference. Council Member Michael Hunter participated
telephonically.
Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
Present:9 -
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PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted on
the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
E.
Mayor McComb referred to comments from the public.
The following citizens submitted written public comments which are attached
to the minutes:
Hannah Mitchell; Guy G.; Barbara Barrera; Sherdeana Owens Estakhr, 337
Southern St.; Kathy Schaefer, 6851 Lake View Dr.; Richard Bell and Christine
Salch, 10010 Compton Rd.; Nancy Hunt, 6162 Misty Meadow Rd.; Jessica
Polderman, 14309 Scallop St.; Frank Polderman, Jr., 14309 Scallop St.;
Malcolm Lochiel, 1407 E. Stone St.; Michael McCutchon, 203 Jackson Pl.;
Shirley Thornton, 1917 Woodcrest Dr.; and Kirk Cammarata.
The following citizens called in regarding desalination:
Robin Carstensen, 449 Claremore St.; Isabel Araiza, 326 Poenisch Dr.; and
Elizabeth Mayorga, 5502 Saratoga Blvd.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F.
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics: FY 2021 Proposed Annual Operating
and Capital Budget.
GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa.
No update was given.
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PROPOSED FY 2021 ANNUAL OPERATING BUDGET AND CAPITAL
IMPROVEMENT PROGRAM BUDGET
b.
1.Briefing on the Proposed FY 2021 Annual Operating Budget and Capital
Improvement Program Budget for fiscal year beginning October 1, 2020.
City Manager Peter Zanoni presented information on the following topics: FY
2021 proposed budget summary; budget transparency; FY 2021 total city
budget: $1.0 Billion; FY 2021 proposed budget general fund (with transfers); FY
2021 general fund budget: $265.3 Million; general fund revenues growth/loss
over FY 2020; property taxable value growth and rate; $78,023,875 million
budgeted for street maintenance and reconstruction in FY 2020-2021; streets;
police; fire; code enforcement; library; parks and recreation; solid waste;
health district; finance; IT; utilities; FY 2021 capital budget $259.9 Million; FY
2021 budgeted positions; and next steps.
Council Members, City Manager Peter Zanoni and Director of Public Works
Richard Martinez discussed the following topics: the street markings will be
timed correctly; a Council Member's request for clarification of the consent
agreement; the storm water fee will be added as a new charge on residents'
bills; the water bill portion will be reduced, but the storm water portion will
increase; street sweeping will be included in the storm water fee; and the
storm water fee is based on the amount of water usage.
MINUTES:G.
2.Regular Meeting of July 21, 2020
A motion was made by Council Member Garza, seconded by Council Member
Molina that the Minutes be approved. The motion carried by a unanimous vote.
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
BOARD & COMMITTEE APPOINTMENTS: (NONE)H.
EXPLANATION OF COUNCIL ACTION:I.
CONSENT AGENDA: (ITEMS 3 - 16)J.
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 5, 13, and 15 be pulled for individual consideration.
There were no comments from the Council.
A motion was made by Council Member Garza, seconded by Council Member
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Molina to approve the Consent Agenda with the exception of Items 5, 13, and
15. The consent agenda was approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
8 -
Nay:Council Member Hernandez1 -
Abstained:0
Consent - Second Reading Ordinances
3.Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant
(CDBG) budget in the amount of $2,758,645, the Emergency Solutions
Grant (ESG) budget in the amount of $232,899, and the HOME
Investment Partnerships (HOME) budget in the amount of $1,141,628 for
a total of $4,133,172.00 of entitlement funding from the United States
Department of Housing and Urban Development (HUD) and authorizing
the execution of all necessary documents to submit the CAAP,
authorizing a staff complement of 26 positions; accept and appropriate
funding for the approved CAAP projects and further execute funding
agreements, amendments or other documents necessary to implement
the FY2020-2021 CAAP with organizations for approved projects.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032166
4.Ordinance amending the Fire Prevention Permit Fee Schedule of the
Corpus Christi Code of Ordinances that will add nine additional fees that
were previously collected by a third-party consultant .
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032167
5.Ordinance authorizing Change Order No. 19 with PLW Cadagua
Partners of The Woodlands, Texas, for several additional scope items to
O.N Stevens Water Treatment Plant High Service Building No. 3 in the
amount of $549,603.44, located in City Council District 1, for a total
contract value not to exceed $23,336,407.53 and amending the FY 2020
Capital Improvement Program budget.
Mayor McComb referred to Item 5.
A Council Member and Director of Engineering Jeff Edmonds discussed the
following topics: why the contingency amount is 25% and not 10%; funds are
not encumbered for a contingency; the funds are budgeted at a capital budget
level, not at the project level; a Council Member's request for clarification
regarding the change order contingency amount; and the City is adding this
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project to the Capital Improvement Program.
Council Member Smith made a motion to approve the ordinance, seconded by
council Member Roy. This Ordinance was passed on second reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
Enactment No: 032168
6.Ordinance accepting and appropriating $3,592,094.00 in the City of
Corpus Christi's Emergency Management Grants Fund as a partial
disbursement from the Coronavirus Relief Fund, established by the
CARES Act and provided through the Texas Department of Emergency
Management, for prevention, preparation for, and response to the
COVID-19 pandemic.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032169
Consent - Contracts and Procurement
7.Resolution authorizing a three-year supply agreement with
Waukesha-Pearce Industries, LLC in an amount not to exceed
$942,300.00 for the purchase of Komatsu, Gradall and Takeuchi
equipment parts for Asset Management, effective upon issuance of
notice to proceed, with FY 2020 funding in an amount of $78,500.00
available in the Fleet Maintenance Service Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032170
8.Motion authorizing a five-year service agreement with Rochester
Armored Car Co., Inc. in the amount not to exceed $183,600.00 for
armored courier services for various departments and will be facilitated
by the Finance Department, effective upon issuance of notice to proceed,
with FY 2020 funding in an amount of $6,120.00 available in various
departments’ funds as outlined in the funding detail.
This Motion was passed on the consent agenda.
Enactment No: M2020-125
Consent - Capital Projects
9.Motion awarding a Master Service Agreement for professional
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engineering, architecture and construction administration services related
to water utilities to LNV, Inc. to provide solutions for technical issues with
the water and wastewater system in an amount up to $800,000 with a one
year renewal option to be administratively authorized for a total not to
exceed $1,600,000, on projects located citywide, with funding available
through the FY 2020 Water and Wastewater Operating and Capital
Improvement Program Funds.
This Motion was passed on the consent agenda.
Enactment No: M2020-126
10.Motion authorizing a Master Services Agreement for Subsurface Utility
Engineering Services to Hydro Ex for an initial amount up to $350,000 for
a term of one year with a one year extension option to be renewed
administratively for a not to exceed total of $700,000, with projects
located citywide, funding available through the Bond Program and FY
2020 Capital Improvement Program .
This Motion was passed on the consent agenda.
Enactment No: M2020-127
11.Motion awarding a Master Service Agreement for Professional Survey
and Mapping Services to Urban Engineering for an amount up to
$150,000 per year and one renewal option to be administratively
authorized for a total not to exceed $300,000, with projects located
citywide, funding available through the FY 2020 Capital Improvement
Program and Bond Program.
This Motion was passed on the consent agenda.
Enactment No: M2020-128
12.Resolution authorizing two, three-year service agreements for mowing
and grounds maintenance of storm water median rights-of-way
throughout the City with each of the following vendors: Cutrite, LLC., San
Antonio, Texas in an amount not to exceed $216,486.00 and Dorame
General Repair and Lawn, LLC, Corpus Christi, Texas in an amount not
to exceed $218,400.00, with funding in an amount of $35,710.00
available through the FY 2020 Storm Water Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032171
General Consent Items
13.Motion awarding a contract for Construction to JE Construction Services
for construction of sidewalks along Sunnybrook Road from Ayers street to
Evelyn Street located in Council Districts 2 and 3 in the amount of
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$562,226.10 with funding available from Community Development Block
Grant.
Mayor McComb referred to Item 13.
A Council Member thanked staff for their work on this project and former
Council Member Priscilla Leal championed the project during her tenure.
Council Member Barrera made a motion to approve the motion, seconded by
Council Member Molina. This Motion was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
Enactment No: M2020-129
14.Motion authorizing an eight-year service agreement, with a first renewal
term of seven years and a second renewal term of five years with
Integrated Transfer Services, L.P. for landfill management services for
Cefe Valenzuela Landfill, for an estimated initial term amount of
approximately $35 million and potential estimated total amount of
approximately $90 million if all renewals are authorized, effective Feb 1,
2021 with future funding for the Solid Waste budget.
This Motion was passed on the consent agenda.
Enactment No: M2020-130
15.Resolution approving a list of street, parks, and public safety projects for
the 2020 Bond Program to be considered by the voters on November 3,
2020.
Mayor McComb referred to Item 15.
Director of Engineering Jeff Edmonds presented information on the following
topics: proposed bond 2020 program overview; bond 2020 program summary;
bond proposals; key dates for bond 2020; guiding principles; rough
proportionality; bond 2020; streets; streets-council district 1; streets-council
district 2; streets-council district 3; streets-council district 4; streets-council
district 5; parks; parks-council district 1; parks-council district 2; parks-council
district 3; parks-council district 4; parks-council district 5; citywide parks
projects; public safety; citywide public safety projects; general obligation (G.O.)
debt capacity; recent general obligation bond programs; and financial impact.
Council Members, Director Edmonds, City Manager Peter Zanoni, Assistant
Director of Parks and Recreation Joe Johnson, and Director of Public Works
Richard Martinez discussed the following topics: the reason for expanding
Rodd Field Road before extending Yorktown Blvd.; light signals don't need to
be placed in close proximity; Rodd Field Road could provide an alternate
route while the work on Yorktown Blvd. is being done; all of the 2018 bonds
have been sold; the 2018 bond program projects are currently under design; if
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the City follows the federal guidelines in terms of doing Rodd Field Road, the
City would get credit for the overall project; a Council Member suggests that
the sequencing of projects for safety purposes should be Rodd Field Road first
and then Yorktown Blvd.; the importance of prioritizing the maintenance of the
parks that have higher utilization; the Rodd Field Rd. extension would improve
the ability for the residents in Rancho Vista to exit the subdivision safely and
make a protected turn on Yorktown Blvd.; a Council Member is in support of
construction being done on Yorktown Blvd., but would like to see a plan in
place for all of Yorktown Blvd.; a Council Member's request to keep the FM 624
corridor in mind for construction on sidewalks and drainage; the MPO has
dollars allocated for road widening; the City is actively working on damage
assessment from Hurricane Harvey and there will be federal funding available;
a Council Member's request to add amenities for the parks that have been
adopted using community enrichment funds; what would the exit route be for
the Rancho Vista subdivision; the Rancho Vista subdivision only has three
entrances all off of Yorktown Blvd., which is another public safety issue;
approximately 1,400 families are affected in the Rancho Vista subdivision; the
construction of this project would begin in late 2021 or early 2022 and
completion of this project would be sometime in 2023; the City does not own
the right-of-way of the easement; a Council Member's contention that Rodd
Field Rd. is the most important project for District 5; a Council Member's
concern that for safety purposes Yorktown Blvd. needs to be done before Rodd
Field Rd.; Rancho Vista is designed to feed out to Yorktown Blvd. not to Rodd
Field Rd.; if there are any additional approved projects that would benefit from
Rodd Field Rd. expansion; there has been discussion to switch priorities
between Rodd Field Rd. and Yorktown Blvd.; if Rodd Field Rd. is done first
then the construction on Yorktown Blvd. would be easier to accomplish, similar
to how Slough Road was done; there is no access from Rancho Vista to Rodd
Field Rd.; the signalized intersection would be at Yorktown Blvd. and Rodd
Field Rd.
Council Member Hernandez made a motion to approve the resolution,
seconded by Council Member Garza. This Resolution was passed and
approved with the following vote:
Aye:Council Member Barrera, Council Member Garza, Council Member
Guajardo, Council Member Hernandez, Council Member Hunter, Council
Member Molina and Council Member Roy
7 -
Nay:Mayor McComb and Council Member Smith2 -
Abstained:0
Enactment No: 032172
16.Resolution setting the date of September 8, 2020 for the public hearing
and first reading of the ordinance for the adoption of the City of Corpus
Christi’s Fiscal Year (FY) 2020-2021 budget; setting the date of
September 8, 2020 for the public hearing and first reading of the
ordinance for the adoption of the FY 2020-2021 property tax rate; and
setting the date of September 15, 2020 as the date for the final action on
the adoption of both the FY 2020-2021 budget and property tax rate.
This Resolution was passed on the consent agenda.
Page 8City of Corpus Christi Printed on 8/3/2020
July 28, 2020City Council Meeting Minutes
Enactment No: 032173
RECESS FOR LUNCHK.
PUBLIC HEARINGS: (ITEM 17)L.
17.Resolution approving the Corpus Christi Crime Control District budget for
FY 2021 beginning October 1, 2020 and ending September 30, 2021
with revenues in a total amount of $6,817,421.00 and expenditures in a
total amount of $7,560,613.00 to fund 63 authorized Police sworn
personnel and appropriating $7,560,613.00 in the Crime Control and
Prevention District Fund.
Mayor McComb referred to Item 17.
Chief Markle presented information on the following topics: crime control and
prevention district FY 2021 proposed budget; continued focus on core program;
funding; assignment of 63 police officers; total expenditures; total revenues;
and ending fund balance.
A Council Member and Chief Markle discussed the following topics: this
proposed budget funds only 63 police officers.
Council Member Garza made a motion to approve the resolution, seconded by
Council Member Hernandez. This Resolution was passed and approved with
the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
Enactment No: 032174
REGULAR AGENDA:M.
FIRST READING ORDINANCES: (ITEMS 18 - 19)N.
18.Ordinance ordering a general election to be held on November 3, 2020,
in the City of Corpus Christi for the election of Mayor and Eight Council
Members; providing for procedures for holding such election; providing
for notice of election and publication thereof; providing for establishment
of branch early voting polling places; designating polling place locations;
authorizing a joint election with Nueces County, and a runoff election, if
one is necessary, on December 15, 2020; authorizing execution of a
Joint Election Agreement with Nueces County; and enacting provisions
incident and relating to the subject and purpose of this ordinance.
Mayor McComb referred to Item 18.
Page 9City of Corpus Christi Printed on 8/3/2020
July 28, 2020City Council Meeting Minutes
City Secretary Rebecca Huerta presented information on the following topics:
the purpose of this item is for a general election to be held on November 3,
2020; authorizing execution of a Joint Election Agreement with Nueces County;
the fiscal impact is slightly higher than previous years due to COVID-19; and
the Joint Election Agreement will be available by second reading on August
11, 2020.
Council Member Garza made a motion to approve the ordinance, seconded by
Council Member Hernandez. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
19.Ordinance authorizing acceptance and appropriation of a grant for
$7,234,755 in Community Development Block Grant Disaster Recovery
(“CDBG-DR”) funding from the Texas General Land Office to construct
the Airport Tributary Detention Pond project; authorizing acceptance and
appropriation of a sub-grant award of $163,244 from the Texas Division
of Emergency Management (TDEM) Hazard Mitigation Grant Program
for the La Volla Creek Drainage Improvement Phase I project;
appropriating an additional $8,636,006 as City matching funds from the
Stormwater Capital Improvements Program ($7,600,000 for the
CDBG-DR grant and $1,036,006 for the TDEM sub-grant); amending the
budget; and designating authorized signatories for contractual and
financial documents pertaining to the CDBG-DR Grant Contract No.
20-065-133-C445.
Mayor McComb referred to Item 19.
Council Members and City Manager Peter Zanoni discussed the following
topics: there were no issues with flooding at La Volla Creek; and Council
Members thanked staff for their work on this ongoing project and for getting
this grant funded.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Garza. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
9 -
Abstained:0
BRIEFINGS:O.
EXECUTIVE SESSION:P.
Page 10City of Corpus Christi Printed on 8/3/2020
July 28, 2020City Council Meeting Minutes
20.Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to matters in
collective bargaining agreement(s) with the Corpus Christi Professional
Firefighters’ Association, and potential approval in open session of
collective bargaining agreement with the Corpus Christi Professional
Firefighters’ Association.
This E-Session Item was withdrawn.
IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ.
Mayor McComb referred to Future Agenda Items. A Council Member requested
a status update on Hurricane Hanna.
ADJOURNMENTR.
This meeting was adjourned at 4:26 p.m.
Page 11City of Corpus Christi Printed on 8/3/2020
Duties
Composition
Member Size Term Length Term Limit
9 3 6
Name District Term Appt. date End date Appointing Authority Position Status Category
Vacant 1 N/A 3/31/2023 City Council Vacant Texas Professional Land Surveyor
Vacant 1 N/A 3/31/2023 City Council Vacant HVAC Contractor
Vacant 1 N/A 3/31/2023 City Council Vacant HVAC Technician
Vacant 1 N/A 3/31/2023 City Council Vacant Plumber Contractor
Vacant 1 N/A 3/31/2023 City Council Vacant Master Plumber
Vacant 1 N/A 3/31/2023 City Council Vacant Electrical Contractor
Vacant 1 N/A 3/31/2023 City Council Vacant Master Electrician
Vacant 1 N/A 3/31/2023 City Council Vacant Engineer/Architect
Vacant 1 N/A 3/31/2023 City Council Vacant General Contractor
The Construction Trade Advisory & Appeals Board shall advise the city manager regarding any matter related to Construction that it considers should be brought to
the attention of the city council. The Construction Trade Advisory & Appeals Board shall obtain public comment on the proposed adoption of or amendment to a
national model code.
Nine (9) members appointed to a three-year term by City Council. The Board shall have the guidance and assistance of the building official. The Board shall be
composed of one general contractor, one engineer or architect, one master electrician, one electrical contractor, one master plumber, one plumber contractor, one
heating, ventilation, air conditioning, and refrigeration contracting (HVAC) technician, one HVAC contractor, and one Texas professional land surveyor. Five members
of the board shall constitute a quorum.
This is a new board effective 4-1-2020. Nine (9) vacancies with terms to 3-31-2023, representing the following categories: 1 – Texas Professional Land Surveyor, 1
– HVAC Contractor, 1- HVAC Technician, 1- Plumber Contractor, 1 – Master Plumber, 1 – Electrical Contractor, 1 – Master Electrician, 1 - Engineer/Architect and 1 –
General Contractor. (Staff is recommending the postponement of the Texas Professional Land Surveyor, Plumber Contractor, Master Plumber and Electrical
Contractor positions for further recruitment).
CONSTRUCTION TRADE ADVISORY & APPEALS BOARD
8-11-2020
Name District Category
Garry Camp District 5 General Contractor
Pete G. Cavazos District 2 General Contractor
Paul S. Cervantes District 5
Master Electrician
Electrical Contractor
David Foster District 5 General Contractor
Jared Merdes District 1
Engineer
HVAC Technician
Ramiro Munoz III District 5 Engineer
Mike L. Wanzer District 4 HVAC Contractor
CONSTRUCTION TRADE ADVISORY & APPEALS BOARD
Applicants
DATE: July 30, 2020
TO: Mayor and Council
City Manager Peter Zanoni
FROM: Rebecca L. Huerta, City Secretary
rebeccah@cctexas.com
(361) 826-3105
Michael Rodriguez, Chief of Staff
MichaelRod@cctexas.com
(361) 826-3732
Jeffrey Edmonds, P.E., Director, Engineering Services
jeffreye@cctexas.com
(361) 826-3729
CAPTION:
One-Reading Ordinance calling for a special election for Infrastructure Bond 2020 Program to be
on November 3, 2020 in the City of Corpus Christi for the authorization of bond issuances for the
City by ad valorem taxes totaling $75 million without a property tax rate increase to fund 42
projects under the following propositions: Streets ($61 million), Parks ($12 million), and Public
Safety ($2 million).
PURPOSE:
The purpose of this Agenda Item is to call for a special election to be held on November 3, 2020
and authorize the bond issuance for the listed propositions.
Three propositions (A,B,C) are being proposed for the upcoming Special (Bond) Election:
Proposition A: Streets - $61 million (22 Projects)
Proposition B: Parks and Recreation - $12 million (18 projects)
Proposition C: Public Safety - $2 million (2 projects)
BACKGROUND:
The City of Corpus Christi has biennially approved and implemented two-year General Obligation
Bond programs that consist of citywide infrastructure projects that are approved by voters.
It has been anticipated that this cycle would continue with Bond 2020. In recent months, staff has
Ordinance Calling for a Special Election – Bond 2020
AGENDA MEMORANDUM
One Reading Ordinance – City Council Meeting of August 11, 2020
developed a project list from needs identified, in part, in the City’s 10-year Capital Improvement
Plan recommended to City Council utilizing the following guiding principles:
• Investment in Major Corridors: Support street infrastructure improvements that focus on
arterial and collector streets.
• Project Continuation: Complete ongoing phased or designed infrastructure projects from
previous Bond Programs and the City’s Street Preventative Maintenance Program.
• Increase Connectivity: Improve connectivity between existing commercial areas and
neighborhoods, schools, streets, sidewalks, bike facilities, drainage systems or other
networks.
• Increase Road Capacity for High Growth Areas: Expand roadways to accommodate
current and future growth.
• Leverage Match Projects: Fund projects that provide significant return on investment of City
dollars with leveraged financial match from private sector resources.
• Enhance Functionality of Recreational Areas: Improve regional and neighborhood parks
and pools to promote recreational activities.
• Major Signature Park Projects as opposed to Maintenance Projects: Invest in major City
regional parks by funding large impactful new or replacement amenities as opposed to doing
small scale low budgeted maintenance projects.
• Improve Public Safety Facilities: Improve public safety by addressing major public safety
facilities that have been neglected for decades. Provide adequate infrastructure and facilities
to maintain public safety services.
On July 28, 2020 City Council approved a list of 42 infrastructure projects for the 2020 Bond
Program totaling $75 million to be considered by the voters on November 3, 2020.
The three propositions (A,B,C) below will be considered by voters in the upcoming Special
(Bond) Election:
Proposition A: Streets - $61 million (22 Projects)
Proposition B: Parks and Recreation - $12 million (18 projects)
Proposition C: Public Safety - $2 million (2 projects)
ALTERNATIVES:
Council may modify or remove any of the propositions.
FISCAL IMPACT:
The Bond 2020 totals $75 million. The Bond 2020 can be done without a property tax rate
increase. The $75 million will be funded through general obligation bonds through City ad
valorem taxes collected in the Interest & Sinking Fund.
LIST OF SUPPORTING DOCUMENTS:
Ordinance – Ordering a Special Election for Bond 2020
List of Projects
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ORDINANCE
Ordering a special election to be held on November 3, 2020, in the City of
Corpus Christi, on the questions of authorizing bond issuances of the City
supported by ad valorem taxes; providing for procedures for holding such
election; providing for notice of election and publication thereof; providing for
the establishment of branch early polling places; designating polling place
locations; authorizing a joint election with Nueces County; and enacting
provisions incident and relating to the subject and purpose of this ordinance
* * * * * * * * * * * * * * * * * * * * * *
WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the
City), located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas, hereby finds and determines
that an election should be held to determine whether the Council shall be authorized to issue general
obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special
Election); and
WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County)
and with other political subdivisions (such other political subdivisions, collectively, the Participants) for
whom the County is also conducting their elections, as provided pursuant to the provisions of one or more
joint election agreements or contracts among the City, the County, and the Participants, entered into in
accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election
Code), or other applicable law; and
WHEREAS, pursuant to the aforementioned joint election agreement, the County will conduct all
aspects of the Special Election on the City’s behalf; and
WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to
enter into one or more election agreements or contracts with the County and the Participants to conduct
the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal
laws; and
WHEREAS, the Council hereby finds and determines that the necessity to construct various
capital improvements within the City necessitates that it is in the public interest to call and hold the
Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the
purposes hereinafter identified; and
WHEREAS, concurrently with the Special Election (and as a joint election with the County and
any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance
adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of
the Council (along with any necessary runoff election) (such regular election, the General Election); and
WHEREAS, after full review and consideration of each project listed under all of the propositions
described below (City of Corpus Christi Propositions A, B and C ), the Council hereby finds and
determines that each project is necessary for a public purpose and is in the best interests of the City and the
residents of the City; and
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WHEREAS, the Council hereby finds, directs and determines that the policy enumerated as section
2-109 of the City Code will not be followed; and
WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are
in the best interests of the qualified voters of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS
THAT:
SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS
on the 3rd day of November, 2020 (Election Day), which is a uniform election date under the Election
Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the
adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions
(collectively, the Propositions) to the qualified voters of the City:
CITY OF CORPUS CHRISTI PROPOSITION A
STREETS
“Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance
with applicable law, to issue and sell one or more series of general obligation bonds of
the City, in the aggregate principal amount of not more than $61,000,000 with such
series or issues of bonds, respectively, to mature serially or otherwise within not to
exceed forty years from their date and to be sold at such prices and bear interest at such
rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds
the maximum rate per annum authorized by applicable law at the time of any such
issuance), as shall all be determined within the discretion of the City Council, for the
purpose of making permanent public improvements or for other public purposes, to wit:
designing, demolishing, constructing, renovating, improving, reconstructing,
restructuring and extending streets and thoroughfares and related land and right-of-way
sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and
rights-of-way necessary thereto or incidental therewith (but specifically excluding related
City utility costs, which are the responsibility of the City’s utility system), with priority
given to the following street projects:
– Comanche Street, generally from Carancahua Street to Alameda Street
– Frontier Drive, generally from McKinzie Road to Rockwood Street
– Hearn Road, generally from Callicoatte Road to dead end
– Wildcat Drive, generally from FM 624 to Teague Lane
– Trinity River Drive, generally from FM 624 to Wood River Drive
– Brownlee Boulevard, generally from Staples Street to Morgan Avenue
– Alameda Street, generally from Texan Trail to Chamberlain Street
– Everhart Road, generally from Staples Street to McArdle Road
– Airport Road, generally from Morgan Avenue to Horne Road
– Carroll Lane, generally from Holly Road to dead end
– Flato Road, generally from Bates Road to Bear Lane
– Everhart Road, generally from Alameda Street to Staples Street
– Waldron Road, generally from South Padre Island Drive to Purdue Road
– Jackfish Avenue, generally from end of Aquarius Street to Park Road 22
– Park Road 22, generally from Compass Street to Jackfish Avenue
– Park Road 22 South Access Road, generally from Commodores Drive to Jackfish Avenue
– Encantada Avenue, generally from Encantada Avenue to Nueces County Park Road
-3-
– Beach Access Road, generally from State Highway 361 to beach
– Lipes Boulevard, generally from Sun Wood Drive to Staples Street
– Rodd Field Road, generally from Yorktown Boulevard to Adler
– Strasbourg Drive, generally from Grenoble Drive to Marseille Drive
– Yorktown Boulevard, generally from Rodd Field Road to Oso Creek Bridge
and in providing for the above public improvements, the City Council shall have the
option to (i) utilize other funds available for such purposes and (ii) abandon such indicated
public improvements that are reliant, in part, on external sources of funding that (for
whatever reason) do not materialize or because unforeseen changes in fact or
circumstance make the anticipated expenditure no longer wise or necessary (as
determined by the City Council), and after making due provision for the improvements
listed above or determining that the public improvement project will not proceed for a
reason heretofore described, the City Council may, in its discretion, use any excess funds
for constructing, reconstructing, restructuring, and extending other streets and
thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors,
drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or
incidental therewith (but specifically excluding related City utility costs, which are the
responsibility of the City’s utility system); and shall the City Council be authorized to
levy and pledge, and cause to be assessed and collected, within the limitations prescribed
by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the
annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any
credit agreements executed in connection with the bonds?”
CITY OF CORPUS CHRISTI PROPOSITION B
PARKS AND RECREATION
“Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance
with applicable law, to issue bonds of the City, in one or more series or issues and
in the aggregate principal amount of $12,000,000 with such series or bonds,
respectively, to matu re serially or otherwise within not to exceed forty years from
their date and to be sold at such prices and bear interest at such rates (whether fixed,
floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate
per annum authorized by applicable law at the time of any such issuance), as shall
all be determined within the discretion of the City Council, for the purpose of making
permanent public improvements or for other public purposes, to wit: designing,
demolishing, constructing, renovating, improving, expanding, and equipping City parks
and recreation facilities, and acquiring lands and rights-of-way necessary thereto or
incidental therewith (but specifically excluding related City utility costs, which are the
responsibility of the City’s utility system), with priority given to the following projects:
– Bill Witt Park Aquatic Facilities
– North Beach Area Improvements
– Park System Upgrades and Improvements
– Texas State Aquarium Center for Wildlife Rescue and Research
– West Guth Park Improvements
and in providing for the above public improvements, the City Council shall have the
option to (i) utilize other funds available for such purposes and (ii) abandon such indicated
public improvements that are reliant, in part, on external sources of funding that (for
-4-
whatever reason) do not materialize or because unforeseen changes in fact or circumstance
make the anticipated expenditure no longer wise or necessary (as determined by the
City Council), and after making due provision for the improvements listed above or
determining that the public improvement project will not proceed for a reason heretofore
described, the City Council may, in its discretion, use any excess funds for designing,
demolishing, constructing, renovating, improving, expanding, and equipping City parks
and recreation facilities, and acquiring lands and rights-of-way necessary thereto or
incidental therewith (but specifically excluding related City utility costs, which are the
responsibility of the City’s utility system);and shall the City Council be authorized to levy
and pledge, and cause to be assessed and collected, within the limitations prescribed by
law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual
interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit
agreements executed in connection with the bonds?”
CITY OF CORPUS CHRISTI PROPOSITION C
PUBLIC SAFETY
“Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance
with applicable law, to issue bonds of the City, in one or more series or issues and
in the aggregate principal amount of $2,000,000 with such series or bonds,
respectively, to mature serially or otherwise within not to e xceed forty years from
their date and to be sold at such prices and bear interest at such rates (whether fixed,
floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate
per annum authorized by applicable law at the time of any such issuance), as shall
all be determined within the discretion of the City Council, for the purpose of making
permanent public improvements or for other public purposes, to wit: designing,
demolishing, constructing, renovating, improving, expanding, upgrading and equipping
City public safety facilities, and acquiring lands and rights-of-way necessary thereto or
incidental therewith (but specifically excluding related City utility costs, which are the
responsibility of the City’s utility system), with priority given to the following projects:
– Fire Station #3
– Police Training Academy
and in providing for the above public improvements, the City Council shall have the
option to (i) utilize other funds available for such purposes and (ii) abandon such indicated
public improvements that are reliant, in part, on external sources of funding that (for
whatever reason) do not materialize or because unforeseen changes in fact or circumstance
make the anticipated expenditure no longer wise or necessary (as determined by the
City Council), and after making due provision for the improvements listed above or
determining that the public improvement project will not proceed for a reason heretofore
described, the City Council may, in its discretion, use any excess funds for designing,
demolishing, constructing, renovating, improving, expanding, and equipping City public
safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental
therewith (but specifically excluding related City utility costs, which are the responsibility
of the City’s utility system); and shall the City Council be authorized to levy and pledge,
and cause to be assessed and collected, within the limitations prescribed by law, annual ad
valorem taxes on all taxable property in the City sufficient to pay the annual interest and
sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements
executed in connection with the bonds?
-5-
SECTION 2. The official ballot shall be prepared in accordance with the Election Code, as
amended, so as to permit voters to vote “FOR” or “AGAINST” the aforesaid propositions which shall
appear on the ballot substantially as follows:
City of Corpus Christi Proposition A (Streets)
The issuance of bonds for designing, demolishing, constructing, renovating, improving, extending and
making permanent street, sidewalk, drainage and any related improvements in the aggregate principal
amount not to exceed $61,000,000, and levying a tax in payment thereof, with priority given to the following:
Comanche Street, generally from Carancahua Street to Alameda Street; Frontier Drive, generally from
McKinzie Road to Rockwood Street; Hearn Road, generally from Callicoatte Road to dead end; Wildcat
Drive, generally from FM 624 to Teague Lane; Trinity River Drive, generally from FM 624 to Wood
River Drive; Brownlee Boulevard, generally from Staples Street to Morgan Avenue; Alameda Street,
generally from Texan Trail to Chamberlain Street; Everhart Road, generally from Staples Street to
McArdle Road; Airport Road, generally from Morgan Avenue to Horne Road; Carroll Lane, generally
from Holly Road to dead end; Flato Road, generally from Bates Road to Bear Lane; Everhart Road,
generally from Alameda Street to Staples Street; Waldron Road, generally from South Padre Island Drive
to Purdue Road; Jackfish Avenue, generally from end of Aquarius Street to Park Road 22; Park Road 22,
generally from Compass Street to Jackfish Avenue; Park Road 22 South Access Road, generally from
Commodores Drive to Jackfish Avenue; Encantada Avenue, generally from Encantada Avenue to
Nueces County Park Road; Beach Access Road, generally from State Highway 361 to beach; Lipes
Boulevard, generally from Sun Wood Drive to Staples Street; Rodd Field Road, generally from Yorktown
Boulevard to Adler; Strasbourg Drive, generally from Grenoble Drive to Marseille Drive; Yorktown
Boulevard, generally from Rodd Field Road to Oso Creek Bridge
City of Corpus Christi Proposition B (Parks and Recreation)
The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding
and equipping park and recreational facilities in the aggregate principal amount not to exceed
$12,000,000 and levying a tax in payment thereof, with priority given to the following:
– Bill Witt Park Aquatic Facilities
– North Beach Area Improvements
– Park System Upgrades and Improvements
– Texas State Aquarium Center for Wildlife Rescue and Research
– West Guth Park Improvements
City of Corpus Christi Proposition C (Public Safety)
The issuance of bonds for designing, demolishing, constructing, renovating, improving and
equipping public safety facilities in the aggregate principal amount not to exceed $2,000,000 and
levying a tax in payment thereof, with priority given to the following:
– Fire Station #3
– Police Academy Complex
SECTION 3. The City election precincts hereby established for the purpose of holding the
Special Election and the polling places hereby designated for holding the Special Election in the City
-6-
election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated
by reference into this Ordinance for all purposes. Nueces County participates in the Countywide Polling
Place Program under Section 43.007, as amended, Texas Election Code, meaning that any City voter
registered in Nueces County can vote in the Election at any polling place identified in Exhibit A for Nueces
County.
The City Secretary or designee, in coordination with the County’s election administrator (the
Administrator) or the designee thereof, as necessary or desirable, will identify and formally approve the
appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election
officials for the Special Election, together with any other necessary changes to election practices and
procedures and can correct, modify, or change the Exhibits to this Ordinance based upon the final locations
and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by
applicable law.
The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to
act as clerks in order to properly conduct the Special Election. To the extent required by the Election
Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish
language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the
polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge
shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall
perform the duties of the Presiding Judge of the election precinct.
On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m.
The main early voting location is designated in Exhibit B to this Ordinance (which is hereby
incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as
designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the
Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early
voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit
B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on
Exhibit B, all as provided by the provisions of the Election Code.
Additionally, permanent and temporary branch offices for early voting by personal appearance
shall be established and maintained in accordance with the Election Code. The locations, dates, and hours
of operation for early voting at these offices (being the permanent and temporary branch offices) shall be
determined by the Administrator, as identified in Exhibit B hereto.
An Early Voting Ballot Board is hereby established for the purpose of processing early voting
results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is
hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall
appoint not less than two (2) resident qualified voters of the County to serve as me mbers of the Early
Voting Ballot Board.
SECTION 4. A D irect R ecording Electronic (DRE) voting machine shall be employed at
each of the polling locations utilized for the Special Election in accordance with the Election Code;
provided, however, in the event the use of such DRE is not practicable, the Special Election may
be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section).
DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided
in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one
accessible voting system in each polling place used in the Special Election. Such voting system shall
comply with State and federal laws establishing the requirement for voting systems that permit voters
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with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such
other legally-permissible voting methods may be used for early voting and Election Day voting by
personal appearance. Certain early voting may be conducted by mail.
SECTION 5. The City shall also utilize a Central Counting Station (the Station) as provided by
Section 127.001, et seq. of the Election Code. The Administrator, or the designee thereof, is hereby
appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish
a written plan for the orderly operation of the Station in accordance with the provisions of the Election
Code. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation
Supervisor and the Administrator, or his designee, as the Programmer for the Station. Lastly, the
Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to
the Station and conduct instruction for the officials and clerks for the Station in accordance with the
provisions of the Election Code.
SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Propositions
shall appear on the City’s ballot after the listing of offices that are the subject of the General Election.
SECTION 7. All resident qualified voters of the City shall be permitted to vote at the Special
Election, and on Election Day, such voters shall vote at the designated polling places. The Special
Election shall be held and conducted in accordance with the provisions of the Election Code and
Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as
may be required by any other law. All materials and proceedings relating to the Special Election shall be
printed in both English and Spanish.
SECTION 8. A substantial copy of this Ordinance shall serve as a proper notice of the Special
Election. This notice, including a Spanish translation thereof, shall be posted (i) at three (3) public places
within the City and at the City Hall not less than twenty-one (21) days prior to Election Day and (ii) in a
prominent location at each polling place on Election Day and during early voting and shall be published
on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the
first of these publications to appear in such newspaper not more than thirty (30) days, and not less than
fourteen (14) full days prior to Election Day. In addition, during the twenty-one (21) days prior to
Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. The
City Secretary is directed to post and publish such Special Election notices as specified above and as
required by the Election Laws.
SECTION 9. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of
the Texas Election Code, added by the 83rd Texas Legislature, the City, as of the date of this Ordinance,
had outstanding an aggregate ad valorem tax -supported principal amount of debt equal to $445,670,000;
the aggregate amount of the interest owed on such City debt obligations, through respective maturity,
totaled $140,391,566; and the City levied an ad valorem debt service tax rate for its outstanding debt
obligations of $0.229458 per $100 of taxable assessed valuation. Of the aforementioned City debt, the City
considers $89,915,491 and $26,333,792 of that principal and interest, respectively, to be self-supporting
debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service
tax rate of $0.249458 per $100 of taxable assessed valuation if the bonds that are subject of the Special
Election are approved and are issued (taking into account the outstanding City bonds and bonds that
are the subject of the Special Election, but not future bond authorizations of the City), though the City
projects no tax rate increase for the issuance of bonds that are the subject of Proposition A. This is only an
estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt
service tax rate.
SECTION 10. The Council hereby appoints the City Secretary as the authority and officer
-8-
responsible for the conduct of the Special Election and is hereby authorized and directed to make all
necessary arrangements for the holding of the Special Election in accordance with the Elections Laws,
which obligations include (but are not limited to) coordinating the Special Election process and
negotiating, entering into, and carrying out the terms and provisions of one or more joint election
agreements or contracts with the County and any Participants in accordance with the provisions of the
Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in
particular, is properly delegated to the County pursuant to a joint election agreement, then the County’s
carrying out those duties and obligations on the City’s behalf pursuant to the terms of such joint election
agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the
City’s compliance with the provisions of the Election Laws relative to the same. By incorporating all
essential terms necessary for a joint election agreement, this Ordinance is intended to satisfy Section
271.002(d) of the Election Code, without further action of the City Council. To the extent needed or
desirable, the Administrator is hereby appointed joint custodian of voted ballots for the purposes of 31.096
of the Election Code.
In addition, the City Manager and the City Secretary, individually or in concert and as necessary
or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that
are necessary for compliance with applicable State or federal law (including the Election Laws) or to
carry out the intent of the Council, as evidenced herein.
SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
SECTION 12. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein.
SECTION 13. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
SECTION 14. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares
that this Ordinance would have been enacted without such invalid provision.
SECTION 15. It is officially found, determined, and declared that the meeting at which this
Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of
the public business to be considered at such meeting, including this Ordinance, was given, all as required
by Chapter 551, as amended, Texas Government Code.
SECTION 16. Pursuant to the provisions of Section 1201.028, as amended, Texas Government
Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the
City’s Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of
ordinances.
* * *
S-1
PASSED AND APPROVED on _____________________, 2020
______________________________________
Joe McComb Mayor ATTEST:
______________________________________ Rebecca Huerta City Secretary (SEAL)
APPROVED ____________________, 2020
______________________________________ Miles Risley City Attorney
S-2
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
§
CITY OF CORPUS CHRISTI §
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above
and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of
Corpus Christi, Texas (and of the minutes pertaining thereto) on _________________, 2020, ordering a
special election to be held on Nove mber 3, 2020, which ordinance is duly of record in the minutes of said
City Council, and said meeting was open to the public, and public notice of the time, place and purpose of
said meeting was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, on _________________, 2020.
City Secretary
(CITY SEAL)
S-3
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
______ day of , 2020
Corpus Christi, Texas
PASSED AND APPROVED on this the _________ day of _________________, 2020
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the Section 16 of the foregoing ordinance, state law supersedes
the Charter rule as to consideration and voting upon ordinances at two regular meetings:
I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally
on the date it is introduced or at the present meetin g of the City Council.
Respectfully, Respectfully,
_________________________
_________________________
__________________________
_________________________ Joe McComb
Mayor
_________________________
_________________________
Council Members
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
S-3
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
APPROVED ___________________, 2020
___________________________________
Miles Risley
City Attorney
A-1
EXHIBI T A
ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS
Election Day: Tuesday, November 3, 2020
Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m.
Nueces County participates in the Countywide Polling Place program under Section 43.007, as amended,
Texas Election Code. Registered voters will be able to cast their Election Day ballots at any of the Vote
Centers identified below.
[TO BE INSERTED – POLLING PLACES IN THE REGULARLY-PRESCRIBED PRECINCTS OF
THE CITY OF CORPUS CHRISTI]
[The remainder of this page intentionally left blank.]
B-1
EXHIBIT B
MAIN, TEMPORARY AND PERMANENT BRANCH
POLLING PLACES, DATES, AND TIMES
Early voting begins Tuesday, October 13, 2020 and ends on Friday, October 30, 2020
Early Voting Clerk:
Early Voting Clerk’s address: 901 Leopard
Corpus Christi, Texas 78401
Presiding Judge of the Early Voting Ballot Board:
Location, Dates & Hours of Main Early Voting Polling Place
Nueces County Courthouse
901 Leopard
Corpus Christi, Texas 78401
[TO BE INSERTED – DATES AND HOURS FOR VOTING]
Dates Times
Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early
Voting Site.
[The remainder of this page intentionally left blank.]
B-2
Location, Dates & Hours of Permanent Branch Polling Places
[TO BE INSERTED – PERMANENT AND TEMPORARY BRANCH POLLING PLACES
AND DAYS AND HOURS FOR VOTING]
B-3
Location, Dates & Hours of Temporary Branch Polling Places
[TO BE INSERTED – MOBILE TEMPORARY BRANCH POLLING PLACES AND DAYS
AND HOURS FOR VOTING]
EARLY VOTING BY MAIL:
Applications for voting by mail should be mailed to be received no earlier than Friday, _______________,
2020, and no later than the close of business (4:30 p.m.) on Friday, _______________, 2020.
Applications should be mailed to:
Kara Sands, County Clerk
Nueces County, Texas
P.O. Box 2627
Corpus Christi, Texas 78403
[The remainder of this page intentionally left blank.]
CD FACILITY PROJECT DESCRIPTION NOTES COST
CW Texas State Aquarium Texas Center for Wildlife Rescue and Research Leverage Match (Total Project Cost $15M, City matching 1 to 4)3,000,000$
CW North Beach Restrooms & Area Construct new restrooms, renovate existing parking lot.$2.5M is the preliminary estimate for the project.2,500,000$
CW Bill Witt City Park Pool & Facilities Design-Design
Basis Documents (DBD)
Prepare design basis documents for new swimming pool with restrooms, lockers, and
parking lot.1,000,000$
CW West Guth Park
Install playground (Regional type), construct skate park (above ground pre-
manufactured type), and construct small picnic areas (shade structures w/ concrete
pad, bbq pits).
Playground will be similar to Water's Edge and Salinas Park
playgrounds.2,000,000$
1,2, 4 & 5
District 1 (3 Parks)
McNorton Park, Brookhill Park, Academy Park
District 2 (4 Parks)
Cuiper Park, Sherwood Park, Sam Houston Park,
Temple Park
District 4 (3 Parks)
Windsor Park, Retta Park, Douden Park
District 5 (4 Parks)
Crossgate Park, Brighton Park, Brandywine Park,
Capt. Falcon Park
Replace aged and unsafe playground equipment in neighhorhood parks. Upgrade the
current playground experience by installing shade structures over new playgrounds
and utilizing a pour and play fall zone with concrete sub-base.
$ 3,500,000
12,000,000$
PARK OPERATIONS
Total
PARKS
SWIMMING POOLS
BOND 2020 PROPOSED PROJECTS
AQUARIUM
PARKING LOT AND RESTROOMS
CD FACILITY PROJECT DESCRIPTION NOTES COST
CW Fire Station #3 (Morgan Street)-DBD
Prepare design basis documents for the antiquated fire station to meet 21st century fire
fighting capabilities and standards that will allow for faster turnout times and cleaner work
environments for the safety of firefighters and public they serve.
Station 3 is 66 years old and has exceeded it's design life cycle and
physical capabilities to accommodate modern (larger) fire fighting
vehicles. In addition, the facility has large cracks in the walls and the
foundation is showing signs of failure . Engine bays and doorways are
too small for modern or current fire apparatus increasing the risks for
accidents. The existing driveway, parking, and station entrances were
not designed for the new vehicles which are heavier. The mechanical
and electrical systems are prone to frequent failures and the facility
does not have an ADA access.
750,000$
750,000$
CW Police Training Academy-DBD
Prepare design basis documents for new Police Academy complex co-located with the
existing outdoor firing range on Hearns Ferry Road. The project includes an applied
instruction building, physical training building, vehicle driving track, and all necessary
supporting infrastructure.
The current facility being used for classroom training is located at
4510 Corona Drive, and the driver course is being conducted at NOLF
Cabaniss Airfield. CCPD operates under an MOU with the US Navy for
the use of Cabaniss Field to conduct driver training. Cabaniss field is
the primary Outlying Landing Field for the T-44 intermediate training
aircraft used by the Navy and Marine Corps student aviators,
therefore, this airfield experiences a high volume of aircraft traffic
year round. Due to the high volume of aircraft traffic, CCPD driver
training is only conducted during non-flight times which is extremely
limited. The existing classroom building on Corona Drive is
undersized, outdated (30 years old), and is geographically in the
wrong location. Cabaniss Field is approximately 5 miles from the
classroom building, and the firing range is approximately 16 miles
from Cabaniss and the classroom building. Furthermore, the current
training facility utilizes an old warehouse for the physical training area
which does not meet health and safety standards for this type of use.
Parking and restrooms are inadequate for the facility use. Due to the
lack of parking, CCPD spends approximately $10,000 per year to lease
parking lots from surrounding businesses. Due to the lack of
adequate restroom facilities, CCPD spends approximately $4,000 per
year for portable restroom services and hand washing stations, and
this cost increases every year by $300. Inadequate parking and
restroom facilities not only pose a safety and health issue to the
students, staff, and volunteers, it is also very costly to the taxpayers.
1,250,000$
2,000,000$ Total
FIRE
POLICE
PUBLIC SAFETY
Total for Fire Department
DRAFT BOND 2020 STREET LIST
DISTRICT ID STREET FROM TO DISTRICT MPC LENGTH W PCI Comments STREET
G Comanche Carancahua Alameda 1 C-1 0.41 40 Reconstuction, upgrade/add lighting, updgrade ADA ramps, sidewalk and curb repair. $ 2,500,000
H Frontier Mckinzie Rockwood 1 C-2 0.41 40 Reconstuction, updgrade ADA ramps, sidewalk and curb repair $ 2,500,000
I Hearn Callicoatte Dead End 1 C-1 0.50 49 Reconstruction, Upgrade add lighting, repair sidewalks, curbs, and ramps. Include the
culdesacs. $ 2,100,000
J Wildcat FM 624 Teague 1 C-1 0.31 78 Rehabilitation, update two ADA ramps and some minor spot sidewalk repair $ 2,500,000 DISTRICT 1 TOTAL
K Trinity River FM 624 Wood River 1 C-1 0.19 38 Reconstruction, Upgrade add lighting, repair sidewalks, curbs, and ramps. $ 2,400,000 $ 12,000,000.00
F Brownlee Staples Morgan 2 C-1 0.73 20 Reconstruction, Upgrade add lighting, repair sidewalks, curbs and ramps. $ 2,700,000
G Alameda Texan Trail Chamberlain 2 A-2 0.70 51 Rehabilitation, minor concrete work, upgrade add lighting, updgrade ADA ramps, sidewalk
and curb repair. $ 6,300,000 DISTRICT 2 TOTAL
H Everhart Staples Mc Ardle 2 A-1 0.53 31.18165 Reconstruction continue with previous sections. Estimate includes an added 600,000 for
Traffic Signal Improvement. $ 4,300,000 $ 13,300,000.00
A Airport Morgan Horne 3 C-1 0.94 19 Rehabilitation, replace guardrails, upgrade lighting, add sidewalk in front of State Living
Center $ 4,800,000
B Carroll Holly Dead End 3 C-1 0.33 22 Reconstruction, upgrade/add lighting, repair sidewalks, curbs, and ramps (Include side
streets) $ 2,800,000 DISTRICT 3 TOTAL
C Flato Bates Bear 3 C-1 0.49 82 Continuation of the Phase I project with Concrete Pavement $ 4,200,000 $ 11,800,000.00
D Everhart Alameda Staples 4 A-1 0.57 35 Reconstruction, upgrade/add lighting, repair sidewalks, curbs and ramps $ 4,300,000
E Waldron SPID Purdue 4 A-2 0.50 78 Concrete Pavement Rehabilitation Program - Phase I $ 3,950,000
F Jackfish End of Aquarius Park Road 22 4 C-1 0.35 72 Rehabilitation, upgarde/add lighting, repair some curb, sidewalks, and ramps $ 900,000
G Park Road 22 Compass Park Road 22 4 Park Road 22 median improvements (Create left turn from Compass to Park Road 22) $ 300,000
H Park Road 22 South Access
Road Commodore Jackfish 4 Pavement rehabilitation/re-construction, Add/repair sidewalks, and ramps, lighting
improvements contigent upon TXDOT approval $ 1,600,000
I Encantada Encantanda Nueces County
Park 4 Improve the oprational safety through the reduction of conflict points by eliminating the
luft turn movements out of Encantada Avenue and Nueces County Park Road $ 650,000
J Beach Access Road SH 361 Beach 4 0.32 Design and environmental permitting for proposed new access road proposed between
Access Road 1 and Access Road 2 $ 400,000 $ 12,100,000.00
F Lipes Sunwood Staples 5 C-1 0.50 12 Reconstruction, upgarde/ add lighting, repair some curb, sidewalks, and ramps. $ 3,100,000
G Rodd Field Yorktown Adler Drive 5 0.63 N/A Extend Rodd Field from Yorktown Blvd. to Adler Drive with two travel lanes (one in each
direction) with ditches $ 4,800,000
H Strasbourg Grenoble Marseille 5 C-1 0.28 34 Reconstruction, Upgrade add lighting, repair sidewalks, curbs and ramps. Tie it to Grenoble
Dr project. $ 2,000,000 DISTRICT 5 TOTAL
I Yorktown Rodd Field Oso Creek Bridge 5 1.70 Complete Road design and construction Plan for Yorktown Boulevard from Rodd Field Road
to Oso Creek Bridge $ 1,900,000 $ 11,800,000.00
GRAND TOTAL
$ 61,000,000.00
1
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3
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8/5/2020 1 of 1
DATE: July 13, 2020
TO: Mayor and Council
FROM: Rebecca L. Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
CAPTION:
Ordinance ordering a general election to be held on November 3, 2020, in the City of Corpus
Christi for the election of Mayor and Eight Council Members; providing for procedures for holding
such election; providing for notice of election and publication thereof; providing for establishment
of branch early voting polling places; designating polling place locations; authorizing a joint
election with Nueces County, and a runoff election, if one is necessary, on December 15, 2020;
authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions
incident and relating to the subject and purpose of this ordinance.
SUMMARY:
This ordinance will allow for a general election to be held on November 3, 2020 to elect a mayor
and eight council members; and allow the City to enter into a joint election agreement with
Nueces County.
BACKGROUND AND FINDINGS:
Per the City Charter, the regular election of the mayor and eight council members shall be held
on the November uniform election date of even-numbered years as authorized by State law. In
the past, the City has conducted a joint election with Nueces County.
ALTERNATIVES:
None.
FISCAL IMPACT:
Based on the most recent final actuals for the 2018 general election and 2018 runoff election, and
because of the unknowns related to the COVID-19 pandemic, in FY 2021, staff has budgeted a
conservative amount of $200,000 for the general election and $150,000 for the runoff election, if
necessary.
Ordering a General Election to elect Mayor and Eight Council Members
November 3, 2020
AGENDA MEMORANDUM
First Reading for the City Council Meeting of July 28, 2020
Second Reading for the City Council Meeting of August 11, 2020
Funding Detail:
Fund: 1020
Organization/Activity: 10020 City Secretary’s Office
Mission Element: 714
Project # (CIP Only): N/A
Account: 530000 Professional Services
Note: Will be paid in FY 2021.
RECOMMENDATION:
Approval of the ordinance.
SUPPORTING DOCUMENTS:
Ordinance
Joint Election Agreement – Nueces County
1
Ordinance Ordering a general election to be held on November 3, 2020, in the City of
Corpus Christi for the election of Mayor and Eight Council Members; providing for
procedures for holding such election; providing for notice of election and publication
thereof; providing for establishment of branch early voting polling places;
designating polling place locations; authorizing a joint election with Nueces County,
and a runoff election, if one is necessary, on December 15, 2020; authorizing
execution of a Joint Election Agreement with Nueces County; and enacting provisions
incident and relating to the subject and purpose of this ordinance.
WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and
Council Members in the City of Corpus Christi, on the November Uniform Election Date in even-
numbered years as authorized by State law, the same being November 3, 2020; with a runoff
election, if one is necessary; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body
shall order elections pertaining to municipal affairs, and other provisions of the election Code
provide for notice, appointment of election officers to hold the election; and other matters related
to the holding of the election;
WHEREAS, Nueces County will also be conducting an election on November 3, 2020;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council
Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 3, 2020. A
runoff election shall be held, if one is necessary, on December 15, 2020.
SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted
to vote.
SECTION 3. The names of candidates for the office of Mayor and the names of candidates for
the office of the City Council members shall be placed on said ballot in manner and form
prescribed by law.
SECTION 4. The Hart InterCivic Verity direct recording equipment (DRE) shall be employed at the
Election in accordance with the Texas Election Code and the Election shall be held at the polling
places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on
Attachment A hereto incorporated by reference and made part of this ordinance. The Election
shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open
from 7:00 a. m. to 7: 00 p.m. on the date of the Election.
SECTION 5. The City Secretary, or her designee, in coordination with the Nueces County Clerk
(the Election Official) or the designee thereof, as necessary or desirable, will identify and formally
approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks,
and all other election officials, together with any necessary changes to election practices and
procedures and can correct, modify, or changes the Attachments to this Ordinance based upon
2
the final locations and times agreed upon by the Election Official and the City to the extent
permitted by applicable law.
SECTION 6. The City Secretary shall conduct the Election as directed by ordinance of the City
Council and by law in accordance with the joint election agreement to be entered into with Nueces
County. The City Secretary is directed to provide such demographic data and information as
required by law.
SECTION 7. Early voting in person at each of the temporary branch polling places shall be
conducted as follows:
Such early voting in person may be conducted at the main early voting polling place located in
the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch
polling places set forth in Attachment B, incorporated by reference and made a part of this
ordinance (said Attachment B to be approved and attached when the temporary branch polling
places are determined by Nueces County) hereby established as follows. Each branch polling
place and the main early voting polling place shall serve all Election precincts.
SECTION 8. The City Secretary is directed to post and publish such election notices as are required
by the election laws of the State of Texas. The City Secretary is further appointed as the authority
and officer responsible for the conduct of said Election and is hereby authorized and directed to
make all necessary arrangements for the holding of said Election in accordance with and subject
to the laws of this State including not limited to coordinating the election process, including use
of tabulation equipment, supplies and printing of ballots, in accordance with the joint election
agreement to be executed with Nueces County.
SECTION 9. The Election is expected to be conducted in accordance with an agreement between
Nueces County and the City of Corpus Christi to hold a joint election on November 3, 2020, (which
shall be approved and attached hereto as Attachment C and incorporated herein). The City
Manager or designee is authorized to execute a Joint Election Agreement with Nueces County for
the conduct of the election in accordance with this ordinance. The terms of the Agreement will
be consistent with the terms of the 2018 Joint Election Agreement. The City Secretary is
authorized to approve all lawful changes and additions to the procedures provided herein in order
to implement such agreement, including but not limited to provisions for substations.
SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders
as the Mayor’s actions all matters recited in this ordinance which by law come within the Mayor’s
jurisdiction.
SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or
provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect of its purpose.
3
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ _______________________
Rebecca Huerta Joe McComb
City Secretary Mayor
1
AGREEMENT TO CONDUCT JOINT ELECTION BETWEEN
THE CITY OF CORPUS CHRISTI AND
NUECES COUNTY FOR THE NOVEMBER 3, 2020 ELECTION
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
This Agreement to Conduct Joint Election (this "Contract") is entered into by and among
City of Corpus Christi , a political subdivision of the State of Texas (the "CITY"), and Nueces
County, a political subdivision of the State of Texas, (the "COUNTY"), each individually, a
"Party" or, collectively, the "Parties," pursuant to Chapter 271 of the Texas Election Code.
RECITALS
WHEREAS, the CITY and the COUNTY each expect to call an election to be held on
November 3, 2020 (“Election Day”); and
WHEREAS, the CITY and the COUNTY desire to conduct such elections jointly
pursuant to Chapter 271 of the Texas Election Code, and
WHEREAS, the CITY and the COUNTY desire to enter into a contract setting out the
respective responsibilities of the Parties;
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
PURPOSE
1.01 The Parties have entered into this Contract to conduct a joint election on November 3, 2020.
The purpose of this agreement is to maintain consistency and accessibility in voting practices,
polling places, and election procedures in order to best assist the voters of the Parties.
ARTICLE II
JOINT ELECTION
2.01 The Parties agree to conduct their respective November 3, 2020 elections jointly
pursuant to Chapter 271 of the Texas Election Code. The parties agree that early voting and
regular Election Day voting shall be conducted jointly. Specifically, the Parties agree to the use
of common polling places for both early voting and Election Day. The Parties also agree that the
election officers may be appointed to serve both elections. The Parties agree to use a single ballot
where appropriate and that common equipment and ballot boxes may be used for both elections for
all relevant purposes as provided in Chapter 271.
2
ARTICLE
III. TERM
3.01 Except as hereinafter set out, the term of this Contract shall be from the time of last
execution until all items with respect to this Contract have been completed.
ARTICLE
IV
CONTRACT FOR ELECTION SERVICES
4.01 The Parties acknowledge that they have each separately contracted for election services to be
provided by Nueces County Election Officer for the elections (Exhibit A). The Nueces
County Election Officer will serve as the Election Officer and the Early Voting Clerk for
each Party for the joint election.
ARTICLE
V
EACH PARTY RESPONSIBLE FOR ITS PRO RATA COST OF SERVICE AS BILLED
5 .01 All costs incurred by the Parties attributable to the coordination, supervision, and running
of the election and incurred on behalf of the Parties, including expenses for supplies in
connection with the election school(s), election supplies, wages paid for election workers, any
paper ballots to be used for the election, and any other expenses reasonably and directly related
to the election, including, without limitation, rental and programming of direct recording
electronic voting devices and audio ballots shall be borne by the Parties based on their
respective Election Services Agreement with the County Election Officer, and each Party
will be responsible for their pro rata portion.
ARTICLE VI
GENERAL PROVISIONS
5.1 This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Nueces County,
Texas.
5.2 In case any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or
unenforceability shall not affect any other provision, and this Contract shall be construed as if
the invalid, illegal, or unenforceable provision had never been a part of the Contract.
5.3 This Contract constitutes the only agreement of the Parties hereto and supersedes any
prior understanding or written or oral agreement between the parties respecting the written subject
matter.
3
5.4 No amendment, modification, or alteration of this Contract shall be binding unless it is
in writing, dated subsequent to the date of the Contract and duly executed by all of the Parties.
5.5 Any notice to be given hereunder by any party to the other shall be in writing and may
be affected by personal delivery, by certified mail, or by common carrier. Notice to a party
shall be addressed as follows:
CITY:
Peter Zanoni
City Manager
1201 Leopard Street
Corpus Christi, TX 78401
COUNTY:
Barbara Canales
County Judge
901 Leopard Street
Corpus Christi, TX 78401
Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed
effective three days after deposit with a U.S. Postal Office or in a U.S. Mail Box, and notice by a
common carrier, is deemed effective upon receipt. Each party may change the address for notice to
it by giving notice of such change in accordance with the provisions of this Section.
5.6 City Secretary Rebecca Huerta is hereby designated the primary representative of the CITY
to oversee and coordinate with the COUNTY and the County Election Officer in the conduct of
the joint election.
4
Executed to be effective the day of , 2020.
CITY OF CORPUS CHRISTI:
BY:. ______________________________________
Peter Zanoni, City Manager
Attest:
__________________________
Rebecca Huerta
City Secretary
Approved as to form:
By: __________________________
Lisa Aguilar, Assistant City Attorney
Executed to be effective the day of , 2020.
NUECES COUNTY:
BY: _
Barbara Canales
County Judge
Attest:
__________________________
Kara Sands
County Clerk
CONTRACT FOR ELECTION SERVICES
THE STATE OF TEXAS
COUNTY OF NUECES
Pursuant to Texas Election Code Section 31.092 this Contract for Election Services is made by
and between Nueces County hereinafter referred to as “the County”, and Kara Sands,
County Election Officer of Nueces County, Texas and the City of Corpus Christi, hereinafter
referred to as “the City,” located entirely or partially inside the boundaries of Nueces County.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to
the parties, IT IS AGREED as follows:
GENERAL PROVISIONS
The City of Corpus Christi, enters into agreement with the County Election Officer of
Nueces County to conduct its General Election on November 3, 2020, held for the purpose
of electing individuals to serve on the City of Corpus Christi’s City Council. The County
Election Officer agrees to conduct turnkey joint election services for City of Corpus Christi
and other political subdivisions located entirely or partially inside the boundaries of Nueces
County, for the purpose of voting on candidates elected to serve in the political
subdivisions’ governing bodies and/or certain propositions.
Nueces County owns an electronic voting system, the Hart InterCivic Verity Voting
System (Version 2.X), which has been duly approved by the Texas Secretary of State
pursuant to Texas Election Code Chapter 122 as amended and is compliant with the
accessibility requirements for persons with disabilities set forth by Texas Election Code
Section 61.012. The City hereby contracts to use the County’s electronic voting system in
tandem with the County’s elections services, and to compensate the County for such use
and to share in other expenses connected with joint elections in accordance with the
applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
The City has agreed to hold a “JOINT ELECTION” with Nueces County on November 3,
2020 in accordance with Texas Election Code Chapter 271.002.
The City agrees to appoint the County Election Officer to serve as the City’s Election Officer as
authorized in Chapter 271.005 of the Texas Election Code.
The City has agreed to hold “JOINT EARLY VOTING” with Nueces County and shall appoint
the County Election Officer to serve as the joint early voting clerk in accordance with Chapter
271.006 of the Texas Election Code.
I. DUTIES AND SERVICES OF ELECTION OFFICER
As the City’s Election Officer and Early Voting Clerk, the County Election Officer shall
coordinate, supervise, and handle all aspects of administering the Joint Election and Early
Voting as provided in this agreement in compliance with all applicable state and federal laws,
unless specifically stated otherwise in this agreement.
The County Election Officer may employ other personnel necessary for the proper
administration of the election, including such part-time help as is necessary to prepare for the
election, to ensure the timely delivery of supplies and performance of duties during early
voting and on Election Day, and for the efficient tabulation of ballots at the Central Counting
Station.
II. DUTIES AND RESPONSIBILITES OF POLITICAL SUBDIVISION
The City shall be responsible for the preparation and publication of all required election orders,
notices, and any other pertinent documents required by the Texas Election Code.
The City shall provide a list of candidates and/or propositions showing the order and the
exact manner in which the candidate names and /or propositions are to appear on the official
ballot in both English and Spanish.
The City is responsible for proofing and attesting to the accuracy of all ballot language and
format information programmed by the County. This includes any information programmed for
use with the audio feature of the equipment. The City must provide approval by signature in
person.
III. VOTING
The Hart InterCivic Verity direct recording equipment shall be employed at the joint election in
accordance with the Texas Election Code and the Election shall be held at the polling places in
the regularly prescribed precincts of the City of Corpus Christi. Early voting in person may take
place at each of the temporary branch polling places. Voting by personal appearance shall be
conducted exclusively on Nueces County’s electronic voting system.
The County Election Official will prepare the unofficial canvas reports that are necessary for
compliance with Election Code Section 67.004 after all districts and precincts have been counted
and will deliver a copy of these unofficial canvas reports to each political subdivision as soon as
possible after all returns have been tabulated.
Each participating political subdivision shall be responsible for the official canvas of its
respective election(s).
The County Election Official will prepare the electronic precinct-by-precinct results report for
uploading to the Secretary of State as required by Section 67.017 of the Election Code. The
County Election Official agrees to upload these reports for each political subdivision unless
requested otherwise.
IV. ELECTION EXPENSES AND ALLOCATION COSTS
The City agrees to share the costs of administering the Joint Election and Early Voting.
Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared
according to a formula which is based on the number of registered voters within the County
and participating Political Subdivisions. The County Election Official will submit a detailed
bill to participating Political Subdivisions no later than 90 days after the Joint Election.
V. RUNOFF ELECTION
The City shall have the option of extending the terms of this agreement through its Runoff
Election, if applicable. In the event of such Runoff Election, the terms of this agreement shall
automatically extend unless the City notifies the County Election Officer in writing within
three (3) business days of the original election. The parties agree that the Runoff Election, if
necessary, will be held on December 15, 2020.
Each participating political subdivision shall reserve the right to reduce the number of early
voting locations and/or election day voting locations in a runoff election.
VI. RECOUNTS
By approval and execution of this agreement, the presiding officer of the contracting political
subdivision agrees that any recount shall take place at the Office of the County Clerk, and that
the County Clerk shall serve as the Recount Supervisor.
VII. RECORDS OF THE ELECTION
The County Election Officer is hereby appointed General Custodian of the voted ballots and all
records of the November 3, 2020 Joint Election as authorized by Section 271.020 of the Texas
Election Code. Records of the election shall be retained and disposed of in accordance with the
provisions of Texas Election Code Section 66.058.
VIII. MISCELLANEOUS PROVISIONS
It is understood that the County may hold a joint election with other political subdivisions and
the County Election Officer may enter into contracts for elections services with other
political subdivisions. The participating parties shall share a mutual ballot in those
precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to
receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote.
This agreement shall be construed under and in accord with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in Nueces County, Texas.
In the event that one or more of the provisions contained in this Agreement shall, for any
reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all
local governments, and any other entities with local jurisdiction.
The County Clerk shall file copies of this document with the Nueces County Judge and the Nueces
County Auditor in accordance with Section 31.099 of the Texas Election Code.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this
day of ,
2020, with the effective date being the date of execution by last signatory.
NUECES COUNTY
Kara Sands Date
Nueces County Clerk
CITY OF CORPUS CHRISTI
Peter Zanoni Date
City Manager
DATE: July 15, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director, Development Services
Alraymond@cctexas.com
(361)826-3575
Richard Martinez, Director, Public Works
Richardm5@cctexas.com
(361) 826-3419
CAPTION:
Ordinance authorizing acceptance and appropriation of a grant for $7,234,755 in Community
Development Block Grant Disaster Recovery (“CDBG-DR”) funding from the Texas General Land
Office to construct the Airport Tributary Detention Pond project; authorizing acceptance and
appropriation of a sub-grant award of $163,244 from the Texas Division of Emergency
Management (TDEM) Hazard Mitigation Grant Program for the La Volla Creek Drainage
Improvement Phase I project; appropriating an additional $8,636,006 as City matching funds
from the Stormwater Capital Improvements Program ($7,600,000 for the CDBG -DR grant and
$1,036,006 for the TDEM sub-grant); amending the budget; and designating authorized
signatories for contractual and financial documents pertaining to the CDBG-DR Grant Contract
No. 20-065-133-C445.
SUMMARY:
There are two grants being considered for acceptance and appropriation for flood mitigation in
the La Volla Creek Drainage Basin. One is the Hazard Mitigation Grant Program administered
by Texas Department of Emergency Management on March 11, 2020. This grant is for design
and construction of four additional relief culverts at North Padre Island Drive to eliminate a
current choke point. The second one is for the La Volla Creek Community Development Block
Grant-Disaster Recovery “CDBG-DR” administered by the General Land Office. This grant is for
design, land acquisition, and construction of a 130-acre detention pond near the confluence of
La Volla Creek and Airport Tributary. The third item being considered is designation of
Signatories to designate authorized signatories for contractual and financial documents related
to the CDBG-DR grant which is a requirement by the Texas General Land Office for the
administration of the grant.
Acceptance of grant funding for La Volla Creek Drainage improvement projects,
appropriating City matching funds, designating authorized signatories, and
amending the budget.
AGENDA MEMORANDUM
First Reading Ordinance for the Council Meeting of July 28, 2020
Second Reading Ordinance for the City Council Meeting of August 11, 2020
BACKGROUND AND FINDINGS:
Consideration for acceptance and appropriation for two flood mitigation grants in the La Volla
Creek Drainage Basin.
The City received sub-grant award notice for the Hazard Mitigation Grant Program
administered by Texas Department of Emergency Management on March 11, 2020.
Grant is for design and construction of four additional relief culverts at North Padre Island
Drive to eliminate a current choke point.
Grant award for phase I, environmental and design, is $163,244.
City will provide matching funds in the amount of $1,036,006
Upon completion of Phase I, TDEM will award the remaining $4,335,256 for Phase II
construction.
Total City matching for phase II will be approximately $4.7M
Project provides relief for La Molina and other surrounding subdivisions.
The City received executed contact for the La Volla Creek Community Development Block
Grant-Disaster Recovery “CDBG-DR” administered by the General Land Office grant on June
17, 2020.
Grant is for design, land acquisition, and construction of a 130-acre detention pond near
the confluence of La Volla Creek and Airport Tributary (Robles St.).
Grant award for Phase I and II is $7,234,755
City will provide matching funds in the amount of $7,600,000
The project will provide protection for Greenwood WWTP, Las Colinas Subdivision and
other areas along La Volla Creek.
Additionally, also included is consideration for designation of authorized signatories for
contractual and financial documents related to the CDBG-DR grant which is a requirement by
the Texas General Land Office for the administration of the grant.
It designates the City Manager, Assistant City Managers, and City Manager’s designee
for contractual documents and Director of Finance, Comptroller and City Manager’s
designee for financial documents.
ALTERNATIVES:
Do not accept the grant.
FISCAL IMPACT:
Capital funding identified as a match are included in the Adopted FY2020 Capital Improvement
Program.
Funding Detail:
HMGP CDBG-DR
Matching Fund
4532 Stm W ater 2020
Organization/Activity: E10200 01 4532EXP
Mission Element: 043
Project # (CIP Only): E10200 La Volla Creek
Drg Channel Excavation
Account: 550910 – Construction Contract
Matching Fund
4532 Stm Wtr 2020
Organization/Activity: E10200 01 4532EXP
Mission Element: 043
Project # (CIP Only): E10200 La Volla Creek
Drg Channel Excavation
Account: 550910 – Construction Contract
Revenue and Expense
Fund: 1075
Organization/Activity: 840002F
Mission Element:
Project # (CIP Only):
Account: 304763
Revenue and Expense
Fund: 1075
Organization/Activity: 840001F
Mission Element: N/A
Project # (CIP Only): N/A
Account: 530000
RECOMMENDATION:
Staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
TDEM Award letter
CDBG-DR contract
WHEREAS, the City of Corpus Christi (“City”) has received a Hurricane Harvey
Infrastructure Community Development Block Grant - Disaster Recovery (“CDBG-DR”)
Program award, in addition to a sub-grant award from the Texas Emergency Management
Division, to provide flood and drainage facilities;
WHEREAS, it is necessary to appoint persons to execute contractual and financial
documents from the Texas General Land Office;
WHEREAS, a signed original of the CDBG-DR Depository/Authorized Signatories
Designation Form is to be submitted to the Texas General Land Office with a copy of this
ordinance; and
WHEREAS, the City acknowledges that, in the event an authorized signatory of the City
changes, the City must provide the Texas General Land Office with an amended
ordinance and Depository/Authorized Signatories Designation Form.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept and appropriate a grant for $7,234,755 in Community Development
Block Grant Disaster Recovery (“CDBG-DR”) funding from the Texas General Land Office
to construct the Airport Tributary Detention Pond project and a subgrant award for
$163,244 from the Texas Division of Emergency Management (“TDEM”) sub-grant award
for the La Volla Creek Drainage Improvement Phase I project. The CDBG-DR grant funds
are appropriated in the Stormwater Grant Fund No.1075, Accounting No. 530000, Activity
840001F, and the TDEM grant funds are appropriated in the Stormwater Grant Fund No.
1075, Accounting No. 530000, Activity 840002F.
Ordinance authorizing acceptance and appropriation of a grant for
$7,234,755 in Community Development Block Grant Disaster Recovery
(“CDBG-DR”) funding from the Texas General Land Office to construct
the Airport Tributary Detention Pond project; authorizing acceptance
and appropriation of a sub-grant award of $163,244 from the Texas
Division of Emergency Management (TDEM) Hazard Mitigation Grant
Program for the La Volla Creek Drainage Improvement Phase I project;
appropriating an additional $8,636,006 as City matching funds from
the Stormwater Capital Improvements Program ($7,600,000 for the
CDBG-DR grant and $1,036,006 for the TDEM sub-grant); amending the
budget; and designating authorized signatories for contractual and
financial documents pertaining to the CDBG-DR Grant Contract No. 20-
065-133-C445.
Page 2 of 3
SECTION 2. Additionally, matching funds totaling $8,636,006 ($7,600,000 for the CDBG-
DR grant and $1,036,006 for the TDEM sub-grant) are appropriated in Capital Stormwater
Fund No. 4532.
SECTION 3. Revenues and expenditures in the amount of $7,397,999 are increased in
the Stormwater Grant Fund. The FY2020 Capital Budget adopted by Ordinance No.
031870 is amended by increasing expenditures by $6,636,006.
SECTION 4. The City Manager, Assistant City Managers, and the City Manager’s
designee are authorized to execute contractual documents between the Texas General
Land Office and the City for Hurricane Harvey - Community Development Block Grant –
Disaster Recovery Program Contract No. 20-065-133-C445.
SECTION 5. The Director of Finance & Business Analysis, Controller, and the City
Manager’s designee are authorized to execute financial documents between the Texas
General Land Office and the City for Hurricane Harvey - Community Development Block
Grant - Disaster Recovery Program Contract No. 20-065-133-C445.
Page 3 of 3
The foregoing ordinance was read for the first time and passed to its second reading on
this the _____ day of ___________, 2020, by the following vote:
Joe McComb __________ Michael Hunter __________
Roland Barrera __________ Ben Molina __________
Rudy Garza __________ Everett Roy __________
Paulette M. Guajardo __________ Greg Smith __________
Gil Hernandez __________
The foregoing ordinance was read for the second time and passed finally on this the
_____ day of __________ 2020, by the following vote:
Joe McComb __________ Michael Hunter __________
Roland Barrera __________ Ben Molina __________
Rudy Garza __________ Everett Roy __________
Paulette M. Guajardo __________ Greg Smith __________
Gil Hernandez __________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
P.O. Box 15467 Austin, 78761
24 Hours: 512-424-2208, Fax 512-424-2444
March 11, 2020
Mr. Peter Zanoni
City Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
RE: Sub-Grant Award
Dear Mr. Zanoni:
The Texas Division of Emergency Management (TDEM) has issued a sub-grant for the Hazard Mitigation Grant Program, DR-4332 Hurricane Harvey. The following is the information related to this award:
Sub-Recipient Information:
DUNS Number: 069457786
TINS Number: 74-6000574
FIPS Number: 355-17000-00
Award Information:
Catalog of Federal Domestic Assistance: 97.039 HMGP
FEMA Project Number: DR-4332-174
Project Title: City of Corpus Christi La Volla Creek Drainage Improvement (Phase I)
Period of Performance (POP): 02/18/2020 – 02/18/2021
Version Date
Total
Subgrant
Amount
Federal
Cost Share
Percentage
Federal
Cost
Share
Amount
Local Cost
Share
Percentage
Local Cost
Share
Amount
0 02/18/2020 $1,199,250.00 14% $163,244.00 86% $1,036,006.00
Please Note: This award is not for research or development as defined in 2 Code of
Federal Regulations (C.F.R.) § 200.87.
The approved Scope of Work (SOW) follows and the terms and conditions of this award
are attached. It is important that the sub-recipient read, understand and comply with the
Page 2 DR-4332-174 Award Letter
SOW and all terms and conditions. It is also vital that this information be disseminated
to sub-recipient’s staff and contractors involved in work related to this project.
The City of Corpus Christi Drainage Improvement project proposes to add four (4) 12’x
7’ box culverts at North Padre Island Drive and Airport Tributary Number 1. The existing
three (3) box culverts will remain in place and four (4) culverts will be added to each
side. Minor channel enhancements will be made to the additional culverts. Limited up
and down stream right-of-way acquisition will be provided to allow for construction of the
box culverts. Existing Corpus Power and Light (CPL) poles will be temporarily and
permanently relocated to allow for the construction of the boxes. Other utilities
encountered will be adjusted as required.
The Activity Completion Timeframe for Phase I of this project is 12 months from the
date of this letter. All activities specified in the SOW should be completed and all Phase
I deliverables submitted to FEMA no later than February 18, 2021. In accordance with
HMGP rules and policy, we will require the submittal of all closeout documentation, if
the project is deemed unfeasible or not cost effective, within 90-days, no later than May
19, 2021.
The sub-recipient shall deliver to FEMA through the Recipient for review and comment
the following:
1.Revised SOW for Phase II construction
2. Revised work schedule for Phase II construction
3. Revised budget estimate and budget narrative for each line item of Phase II
construction
4. Updated benefit cost analysis (BCA) and .zip file supported by the water
surface elevation calculated from the Hydraulic & Hydrologic (H&H) study with
supporting documents
5.Full set of detailed construction drawings and design calculations; signed and
sealed
6. Annual project maintenance cost for the useful life of the improvements
7.H&H study and depth damage calculations for each structure, before and after
mitigation (including Airport Tributary damages for the La Molina and Las
Colonias areas, and other affected areas as a stand-alone project without the
detention pond)
8.Documentation of the FEMA data and verification that data is the best available
Page 3 DR-4332-174 Award Letter
9.Documentation of the water surface elevation, if using FEMA data
10.Permitting under the Clean Water Act with USACE, if required
11.Results of the H&H study to support FEMA’s compliance under EO 11988 for
Floodplain Management
12.A copy of the submitted State Historic Preservation Office (SHPO) consultation
package and the SHPO response letter to approve Phase II. If the SHPO
requests an archeological survey, that survey should be conducted during
Phase I
After acceptance of the Phase I deliverables, you may receive notification and funding
to proceed with Phase II of the project.
The provision of Phase I funds has been determined to be Categorically Excluded
(CATEX) in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-
001-01; CATEX A7 from the need to prepare either an Environmental Impact Statement
or Environmental Assessment. No extraordinary circumstances in accordance with DHS
Instruction 023-01-001-01 have been identified regarding this action. This CATEX only
covers the Phase I portion of this project. The applicant must re-submit the Phase II
construction portion of the project to FEMA prior to the start of construction for
evaluation under the National Environmental Policy Act (NEPA) and other relevant laws
and executive orders.
Signing and returning this award letter indicates sub-recipient’s acceptance of the scope
of work of the sub-award, the ability to pay the local cost share and all grant terms and
conditions outlined in the attached documents.
The sub-recipient must ensure that:
1.The initial quarterly progress report for the project is submitted at the end of the
approving quarter. Please include the project number (provided above) in your
future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State
must provide a quarterly progress report to FEMA indicating the status and
completion date for each project funded. The report must include any problems
or circumstances affecting completion dates, SOW, or project cost that may
result in non-compliance with the approved grant conditions.
2.In accordance with HMGP rules and policy, TDEM requires the submittal of all
closeout documentation within 90-days of the project completion not to exceed
the POP. The Governor’s Authorized Representative (GAR) “shall certify that
Page 4 DR-4332-174 Award Letter
reported costs were incurred in the performance of eligible work, that the
approved work was completed and that the mitigation measure is in compliance
with the provisions of the FEMA-State Agreement” in accordance with 44 C.F.R.
§ 206.438(d).
If changes are needed to the SOW for the sub-award, period of performance or costs
associated to the sub-award, the sub-recipient should immediately contact TDEM. No
change to the sub-award will be considered approved until the sub-recipient is notified
in writing by TDEM.
This signed and dated award letter and attached grant terms and conditions must be
returned to TDEM before payment on the sub-award can be processed. Your signature
is required below and on the last page of the attached grant terms and conditions. You
must also initial each exhibit on the last page of the grant terms and conditions. Please
sign, date, and return both the award letter along with the attached grant terms and
conditions acknowledging acceptance of this sub-award to the address below:
Texas Division of Emergency Management
PO Box 15467
Austin, TX 78761
Peter Zanoni Date
Should you wish to appeal any determination related to this sub-award you must do so
within 60 days of receipt of the notice of the action. You will need to provide your appeal
with any documentation supporting your position to your assigned TDEM project officer
within the allotted time.
Page 5 DR-4332-174 Award Letter
If you have any questions please contact your Mitigation Coordinator, Joseph Quilantan,
at 956-261-2109 or Joseph.Quilantan@tdem.texas.gov.
Respectfully,
W.Nim Kidd, MPA, C EM®
Chief - Texas Division of Emergency Management
Vice Chancellor for Disaster and Emergency Services
The Texas A&M University System
ATTACHMENTS: Grant Terms and Conditions
CATEX Memorandum
EHP Phase I Considerations
cc: Martha Messer, Chief Accountant
Billy Delgado, Emergency Management Coordinator
Suellen Jordan, Grant Writer
Jennifer Boyd, Grant Writer
Page 1 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and
entered into by and between the Texas Division of Emergency Management (TDEM), an
agency of the State of Texas, hereinafter referred to as "TDEM," and the grant recipient, CITY
OF CORPUS CHRISTI, hereinafter referred to as the “Subrecipient.” Furthermore, TDEM and
the Subrecipient are collectively hereinafter referred to as the “Parties.” All subawards made
under this grant agreement are subject to the same terms and conditions below.
Subrecipient may not assign or transfer any interest in this Grant without the express, prior
written consent of TDEM and DHS/FEMA.
a. The term Recipient and pass-through entity have the same meaning as “Grantee,” as used in
governing statutes, regulations, and DHS/FEMA guidance.
b. A Recipient is also a “non-federal entity” for grants administration purposes.
c. A Subrecipient is also known as a “Subgrantee” as used in governing statutes regulations
and DHS/ FEMA guidance.
d. A Subrecipient is also a “non-federal entity” for grants administration purposes.
e. The “Grant” referred to in this agreement is a subgrant to the Subrecipient passed thru from
TDEM to the Subrecipient.
f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these
grant terms and conditions, and to submit changes of Subrecipient Agents.
f. Projects and any subsequent versions for those projects accepted by the Subrecipient and
subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant
agreement.
A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM.
Any change to a project shall receive prior written approval by TDEM and, if required, by
FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and
requirements set forth in this Grant, including but not limited to the following Exhibits:
1. Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A”
2. Assurances – Construction Programs, hereinafter referred to as “Exhibit B”
3. Certifications for Grant Agreements, hereinafter referred to as “Exhibit C”
4. State of Texas Assurances, hereinafter referred to as “Exhibit D”
5. Environmental Review Certification, hereinafter referred to as “Exhibit E”
6. Additional Grant Conditions, hereinafter referred to as “Exhibit F”
7. Additional Grant Certifications, hereinafter referred to as “Exhibit G”
8. Request for Information and Documentation referred to as “Exhibit H”
B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s)
approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable
to TDEM for an amount not to exceed the award amount of this Grant and may be barred from
applying for or receiving additional DHS/FEMA grant program funds
Page 2 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
or any other grant program funds administered by TDEM until repayment to TDEM is made
and any other compliance or audit finding is satisfactorily resolved, in addition to any other
remedy specified in this Grant. Failure to timely implement and complete projects may reduce
future funding in additional DHS/FEMA and/or other grant programs administered by TDEM.
C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by
Subrecipient that are not allowable costs.
1. Notwithstanding any other provision of this Grant, the total of all payments and other
obligations incurred by TDEM under this Grant shall not exceed the total cumulative award
amounts listed on the Subawards (projects and subsequent versions).
2. Subrecipient shall contribute the match funds listed on the subaward.
Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined
by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has
not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be
made from local, state or federal Grant funds unless repayment with Grant funds is specifically
permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty
(30) calendar days after TDEM requests such refund
D. Performance Period. The performance period for this Grant is listed on the subaward letter
for each project. All projects shall be completed within the performance period AND all
reimbursement requests shall be submitted to TDEM within 60 days of the end of the
performance period. Subrecipient shall have expended all Grant funds and submitted
reimbursement requests, invoices and any supporting documentation to TDEM within
60 days of the end of the performance period. TDEM shall not be obligated to reimburse
expenses incurred after the performance period or submitted after the deadline.
E. Uniform Administrative Requirements, Cost Principals and Audit Requirements. Except
as specifically modified by law or this Grant, Subrecipient shall administer this Grant through
compliance with the most recent version of all applicable laws and regulations, including but
not limited to DHS program legislation, Federal awarding agency regulations, and the terms
and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every
projects]:
• Public Law 93-288, as amended (Stafford Act)
• 44 CFR, Emergency Management and Assistance
• Disaster Mitigation Act of 2000
• OMB Regulations 2 CFR, Grant and Agreements
• Executive Order 11988, Floodplain Management
• Executive Order 11990, Protection of Wetlands
• Executive Order 12372, Intergovernmental Review of Programs and Activities
• Executive Order 12549, Debarment and Suspension
• Executive Order 12612, Federalism
• Executive Order 12699, Seismic Design
• Executive Order 12898, Environmental Justice
• Coastal Barrier Resources Act, Public Law 97-348
• Single Audit Act, Public Law 98-502
• Sandy Recovery Improvement Act publications
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GRANT TERMS AND CONDITIONS
• 16 U.S.C. § 470, National Historic Preservation Act
• 16 U.S.C. § 1531, Endangered Species Act References
• FEMA program publications, guidance and policies
F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and
local laws and regulations applicable to this Grant including but not limited to the laws and
the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and
Contract Management, (UGMS) at:
http://www.window.state.tx.us/procurement/catrad/ugms.pdf
and the program State Administrative Plan, available at:
https://grants.tdem.texas.gov
Subrecipient shall, in addition to the assurances and certifications, comply and require each
of its subcontractors employed in the completion of the project to comply with all applicable
statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and
the approved application.
Grant funds may not be awarded to or expended by any entity which performs political polling.
This prohibition does not apply to a poll conducted by an academic institution as part of the
institution’s academic mission that is not conducted for the benefit of a particular candidate or
party.
Grant funds may not be expended by a unit of local government unless the following
limitations and reporting requirements are satisfied:
1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no
requirement for increased salaries for local government employees;
2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits
using any money or vehicle to support the candidacy of any person for office,
influencing positively or negatively the payment, loan, or gift to a person or political
organization for a political purpose, and using Grant funds to influence the passage or
defeat of legislation including not assisting with the funding of a lobbyist, or using Grant
funds to pay dues to an organization with a registered lobbyist;
3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using
Grant funds to compensate any employee who uses alcoholic beverages on active
duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage
and may not pay or reimburse any travel expense for an alcoholic beverage;
4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient
to make every effort to attain key performance target levels associated with this Grant,
including performance milestones, milestone time frames, and related performance
reporting requirements; and
5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government
Code §2102.0091, which requires that this Grant may only be expended if
Subrecipient timely completes and files its reports.
G. Restrictions and General Conditions.
1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this
Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may
not be used for matching funds for other Federal grants/cooperative agreements, lobbying,
or intervention in Federal regulatory or adjudicatory proceedings. In addition,
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GRANT TERMS AND CONDITIONS
Federal funds may not be used to sue the Federal government or any other government
entity.
2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from
any funds under this Grant.
3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM
of any change in designated of Subrecipient Agents as submitted during the execution of
this agreement, and any subsequent changes submitted by Subrecipient. In the event a
Subrecipient hires a consultant to assist them with managing its Public Assistance grants,
they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all
correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The
Subrecipient will be responsible for sharing written communications with the consultant.
The Subrecipient will remain the primary point of contact and must be included in all
decision making activities.
4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS)
Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit
number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or
http://fedgov.dnb.com/webform
5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient
maintains that it has registered on the System for Award Management (SAM) at
www.sam.gov or other federally established site for contractor registration, and entered
TDEM-required information. Subrecipient shall keep current, and then review and update
the information at least annually. Subrecipient shall keep information current in the SAM
database until the later of when it submits this Grant's final financial report or receives final
Grant award payment. Subrecipient agrees that it shall not make any subaward agreement
or contract related to this Grant without first obtaining the vendor/subawardee's mandatory
DUNS number. See Section §200.32 of OMB 2 C.F.R.
6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA
Information Bulletin 350.
a. Applicability and what to report: Subrecipient shall report whether Subrecipient
received $25 million or more in Federal procurement contracts or financial assistance
subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report
whether 80% or more of Subrecipient’s annual gross revenues were from Federal
procurement contracts or Federal financial assistance. If Subrecipient answers “yes”
to both questions, Subrecipient shall report, along with Subrecipient's DUNS number,
the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of
Subrecipient’s five most highly compensated executives for the preceding completed
fiscal year.
b. Where and when to report: Subrecipient shall report executive total compensation at
www.sam.gov or other federally established replacement site. By signing this Grant,
Subrecipient certifies that, if required, Subrecipient's jurisdiction has already
registered, entered the required information, and shall keep information in the SAM
database current, and update the information at least annually for each year until the
later of when the jurisdiction submits its final financial report or receives final payment.
Subrecipient agrees that it shall not make any subaward agreement or contract without
first obtaining the subawardee's mandatory DUNS number.
7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and
12689, which provide protection against waste, fraud, and abuse by debarring or
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GRANT TERMS AND CONDITIONS
suspending those persons deemed irresponsible in their dealings with the Federal
government.
8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to
TDEM, prior to receiving any payments under the provisions of this grant. The direct
deposit form is currently available at grants.tdem.texas.gov under Resources/Public
Assistance.
9. Property Management and Inventory. Subrecipient shall maintain property/inventory
records which, at minimum, shall include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date,
the cost of the property, the percentage of Federal participation in the cost of the property,
the location, use and condition of the property, and any ultimate disposition data including
the date of disposal and sale price of the property Subrecipient shall develop and
implement a control system to prevent loss, damage or theft of property and Subrecipient
shall investigate and document any loss, damage or theft of property funded under this
Grant.
10. Site Visits. DHS/FEMA and/or TDEM, through its authorized representatives, have the
right at all reasonable times to make site visits to review project accomplishments and
management control systems and to provide such technical assistance as may be
required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a
contractor under this Grant, Subrecipient shall provide and shall require its contractors to
provide all reasonable facilities and assistance for the safety and convenience of the
government representatives in the performance of their duties. All site visits and
evaluations shall be performed in such a manner that will not unduly delay the work.
H. Procurement and Contracting.
1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws
and requirements, including but not limited to proper competitive solicitation processes
where required, for any procurement which utilizes federal funds awarded under this Grant
in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C) and (E-J)
2. Contract Provisions. All contracts executed using funds awarded under this Grant shall
contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
3. Procurement activities must follow the most restrictive of Federal, State and Local
procurement regulations:
a. Procurement by micro purchase
b. Procurement by small purchase
c. Procurement by sealed bid
d. Procurement by competitive proposal
e. Procurement by non-competitive proposal, solely when the award of a contract is
unfeasible under the other methods
The State must be contacted for approval to use a noncompetitive procurement method.
Failure to follow eligible procurement methods will result in ineligible costs. Other types of
agreements for services must have State approval prior to use or execution. A copy of the
local procurement policy must be provided to the State before initial payment.
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GRANT TERMS AND CONDITIONS
The cost plus a percentage of cost and percentage of construction cost methods of
contracting are ineligible.
Must perform cost/price analysis for every procurement action in excess of the Simplified
Acquisition Threshold.
Must negotiate profit as a separate element where required.
4. Evidence of non-debarment for vendors must be documented through
http://www.sam.gov/portal/public/SAM and
http://www.window.state.tx.us/procurement/prog/vendor_performance/debarred/ and
submitted for review.
5. Comply with rules related to underutilized businesses (small and minority businesses,
women’s enterprises and labor surplus firms) at 2 CFR 200.321
I. Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both
programmatically and financially, to ensure that project goals, objectives, performance
requirements, timelines, milestone completion, budget, and other program-related criteria are
met.
TDEM, or its authorized representative, reserves the right to perform periodic desk/office-
based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the
adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each
monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's performance under
this Grant, a monitoring report will be provided to the Subrecipient and shall include
requirements for the timely correction of such deficiencies by Subrecipient. Failure by
Subrecipient to take action specified in the monitoring report may be cause for suspension or
termination of this Grant pursuant to the Suspension and/or Termination Section herein.
J. Audit .
1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered under
this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133).
Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the
Uniform Grant Management Standards (UGMS), the State Uniform Administrative
Requirements for Grants and Cooperative Agreements.
2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the
United States, the Texas State Auditor, TDEM, or any of their duly authorized
representatives, access to and the right to conduct a financial or compliance audit of
Grant funds received and performances rendered under this Grant. Subrecipient
shall permit TDEM or its authorized representative to audit Subrecipient’s records.
Subrecipient shall provide any documents, materials or information necessary to facilitate
such audit.
3. Subrecipient’s Liability for Disallowed Costs. Subrecipient understands and agrees that it
shall be liable to TDEM for any costs disallowed pursuant to any financial or compliance
audit(s) of these funds. Subrecipient further understands and agrees that reimbursement
to TDEM of such disallowed costs shall be paid by Subrecipient
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GRANT TERMS AND CONDITIONS
from funds that were not provided or otherwise made available to Subrecipient pursuant
to this Grant or any other federal contract.
4. Subrecipient’s Facilitation of Audit. Subrecipient shall take such action to facilitate the
performance of such audit(s) conducted pursuant to this Section as TDEM may require of
Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit
funds received indirectly by subcontractors through Subrecipient and the requirement to
cooperate is included in any subcontract it awards.
5. State Auditor’s Clause. Subrecipient understands that acceptance of funds under this
Grant acts as acceptance of the authority of the State Auditor’s Office to conduct an audit
or investigation in connection with those funds. Subrecipient further agrees to cooperate
fully with the State Auditor’s Office in the conduct of the audit or investigation, including
providing all records requested. Subrecipient shall ensure that this clause concerning the
State Auditor’s Office’s authority to audit funds and the requirement to cooperate fully with
the State Auditor’s Office is included in any subgrants or subcontracts it awards.
Additionally, the State Auditor’s Office shall at any time have access to and the rights to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers,
and records of Subrecipient relating to this Grant.
K. Retention and Accessibility of Records.
1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the
state’s retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain
fiscal records and supporting documentation for all expenditures of this Grant’s funds
pursuant to the applicable OMB 2 C.F.R. Subpart D – Post Federal Award Requirements,
§200.333-337, and this Grant. Subrecipient shall retain these records and any supporting
documentation for a minimum of three (3) years from the later of the completion of this
project's public objective, submission of the final expenditure report, any litigation, dispute,
or audit. Records shall be retained for three (3) years after any real estate or equipment
final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to
transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the
records possess long term retention value.
2. Access to Records. Subrecipient shall give the United States Department of Homeland
Security, the Comptroller General of the United States, the Texas State Auditor, TDEM,
or any of its duly authorized representatives, access to and the right to examine all books,
accounts, records, reports, files, other papers, things or property belonging to or in use by
Subrecipient pertaining to this Grant including records concerning the past use of
DHS/FEMA funds. Such rights to access shall continue as long as the records are retained
by Subrecipient.
L. Changes, Amendments, Suspension or Termination
1. Modification. DHS/FEMA or TDEM may modify this Grant after an award has been made.
Once notification has been made in writing, any subsequent request for funds indicates
Subrecipient’s acceptance of the changes to this Grant. Any alteration, addition, or
deletion to this Grant by Subrecipient is not valid.
2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to
this Grant that are required by changes in federal and state laws, regulations or policy are
automatically incorporated into this Grant without written amendment to this Grant and
shall become effective upon the date designated by such law or regulation. In the event
DHS/FEMA or TDEM determines that changes are necessary to this Grant after an
award has been made, including changes to the period of performance or terms and
conditions, Subrecipient shall be notified of the changes in writing. Once notification has
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TDEM – September 2019
GRANT TERMS AND CONDITIONS
been made, any subsequent request for funds will indicate Subrecipient’s acceptance of
the changes to this Grant.
3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM
may, upon written notification to Subrecipient, suspend this Grant, in whole or in part,
withhold payments to Subrecipient and prohibit Subrecipient from incurring additional
obligations of this Grant’s funds.
4. Termination. TDEM shall have the right to terminate this Grant, in whole or in part, at any
time before the end of the Performance Period, if TDEM determines that Subrecipient has
failed to comply with any term of this Grant. TDEM shall provide written notice of the
termination and include:
a. The reason(s) for such termination;
b. The effective date of such termination; and
c. In the case of partial termination, the portion of this Grant to be terminated.
d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency
Management - Recovery & Mitigation.
M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether
stated in a federal or state statute or regulation, an assurance, in a state plan or application,
a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following
actions, as appropriate in the circumstances:
1. Increased monitoring of projects and require additional financial and performance
reports
2. Require all payments as reimbursements rather than advance payments
3. Temporarily withhold payments pending correction of the deficiency
4. Disallow or deny use of funds and matching credit for all or part of the cost of the
activity or action not in compliance;
5. Request DHS/FEMA to wholly or partially de-obligate funding for a project
6. Temporarily withhold cash payments pending correction of the deficiency by
subrecipient or more severe enforcement action by TDEM or DHS/FEMA;
7. Withhold further awards for the grant program
8. Take other remedies that may be legally available
In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing,
appeal, or other administrative proceeding to which Subrecipient is entitled under any statute
or regulation applicable to the action involved.
The costs of Subrecipient resulting from obligations incurred by Subrecipient during a
suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA
expressly authorizes them in the notice of suspension or termination or subsequently.
Other Subrecipient costs during suspension or after termination which are necessary and
not reasonably avoidable are allowable if:
• The costs result from obligations which were properly incurred by Subrecipient before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
a termination, are non-cancellable; and
• The costs would be allowable if this Grant were not suspended or expired normally at the
end of the funding period in which the termination takes effects.
The enforcement remedies identified in this section, including suspension and termination, do
not preclude Subrecipient from being subject to “Debarment and Suspension” under E.O.
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GRANT TERMS AND CONDITIONS
12549. 2 C.F.R., Appendix II to Part 200, (I).
N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering
conflicts of interest and governing the actions of its employees engaged in the selection,
award and administration of contracts and will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain.
O. Closing of this Grant. TDEM will close each subaward after receiving all required final
documentation from the Subrecipient. If the close out review and reconciliation indicates that
Subrecipient is owed additional funds, TDEM will send the final payment automatically to
Subrecipient. If Subrecipient did not use all the funds received, TDEM will recover the unused
funds.
At the completion and closure of all Subrecipient’s projects (subawards), TDEM will request
the Subrecipient to Certify the completion of all projects (subawards) in accordance of the
grants terms and conditions to state there are no further claims under this subgrant.
The closeout of this Grant does not affect:
1. DHS/FEMA or TDEM’s right to disallow costs and recover funds on the basis of a later
audit or other review;
2. Subrecipient’s obligation to return any funds due as a result of later refunds, corrections,
or other transactions;
3. Records retention requirements, property management requirements, and audit
requirements, as set forth herein; and
4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or
that govern the rights and limitations of the parties to this Grant after the expiration or
termination of this Grant.
P. Notices. All notices and other communications pertaining to this agreement shall be
delivered in electronic format and/or writing and shall be transmitted by fax, e-mail,
personal hand-delivery (and receipted for) or deposited in the United States Mail, as
certified mail, return receipt requested and postage prepaid, to the other party.
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GRANT TERMS AND CONDITIONS
EXHIBIT A
ASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Has the legal authority to apply for Federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay the non-
Federal share of project cost) to ensure proper planning, management and
completion of the project described in this Grant.
2. Will give the Department of Homeland Security, the Texas Division of
Emergency Management, the Comptroller General of the United States and,
if appropriate, the State, through any authorized representative, access to and
the right to examine all records, books, papers, or documents related to this
Grant and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for
a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain.
4. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
§§4728-4763) relating to prescribed standards for merit systems for programs
funded under one of the 19 statutes or regulations specified in Appendix A of
OPM's Standards for a Merit System of Personnel Administration (5 C.F.R.
900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L.
88-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20
U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. §794), which prohibits discrimination on the
basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and
527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which agreement for Federal assistance is being
made; and (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply or has already complied with the requirements of Titles II and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-
1508 and 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with Federal
funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40
U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18
U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40
U.S.C. §§327-333), regarding labor standards for federally-assisted
construction sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant
to the following: (a) institution of environmental quality control measures under
the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by
42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes
national policy goals and procedures to protect and enhance the environment,
including protection against natural disasters. To comply with NEPA for DHS
grant-supported activities, DHS-FEMA requires the environmental aspects to
be reviewed and evaluated before final action on the application; (b)
notification of violating facilities pursuant to EO 11738;
(c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C.
§§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C.
§§7401 et seq. and Executive Order 11738) providing for the protection of and
enhancement of the quality of the nation’s air resources to promote public
health and welfare and for restoring and maintaining the chemical, physical,
and biological integrity of the nation’s waters; (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et
seq.) related to protecting components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C.
§470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et
seq.).
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive
026-044 (Directive) regarding the protection of human subjects involved in
research, development, and related activities supported by this Grant.
“Research” means a systematic investigation, including research,
development, testing, and evaluation designed to develop or contribute to
general knowledge. See Directive for additional provisions for including
humans in the womb, pregnant women, and neonates (Subpart B); prisoners
(Subpart C); and children (Subpart D). See also state and local law for
research using autopsy materials.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of
care and treatment for vertebrate animals bred for commercial sale, used in
research, transported commercially, or exhibited to the public according to the
Guide for Care and Use of Laboratory Animals and Public Health Service
Policy and Government Principals Regarding the Care and Use of Animals.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
§§4801 et seq.), which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and OMB Circular
No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local
Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance, and policies governing this
Grant.
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EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Has the legal authority to apply for Federal assistance, and the
institutional, managerial and financial capability (including funds
sufficient to pay the non-Federal share of project costs) to ensure proper
planning, management and completion of project described in this Grant.
2. Will give the Department of Homeland Security, the Texas Division of
Emergency Management, the Comptroller General of the United States
and, if appropriate, the State, the right to examine all records, books,
papers, or documents related to this Grant and will establish a proper
accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real
property title or other interest in the site and facilities without permission
and instructions from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant in the title of real
property acquired in whole or in part with Federal assistance funds to
assure nondiscrimination during the useful life of this Grant.
4. Will comply with the requirements of the assistance awarding agency
with regard to the drafting, review and approval of construction plans and
specifications.
5. Will provide and maintain competent and adequate engineering
supervision at the construction site to ensure that the complete work
conforms with the approved plans and specifications and will furnish
progressive reports and such other information as may be required by
the awarding agency or State.
6. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions
for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42
U.S.C. §§4728-4763) relating to prescribed standards of merit systems
for programs funded under one of the 19 statutes or regulations specified
in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964
(P.L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44
C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of handicaps; (d) the
Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107),
which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights
Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s) under which
agreement for Federal assistance is being made; and (j) the
requirements of any other nondiscrimination statue(s) which may apply
to the agreement.
11. Will comply or has already complied with the requirements of Titles II and
III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result
of Federal and federally-assisted programs. These requirements apply
to all interests in real property acquired for project purposes regardless
of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508
and 7324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or in part with
Federal funds.
13. Will comply, as applicable, with the provisions of the Davis-Bacon Act
(40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and
18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§327- 333) regarding labor standards for federally- assisted
construction sub-agreements.
14. Will comply with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed
pursuant to the following: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO)
11514 which establishes national policy goals and procedures to protect
and enhance the environment, including protection against natural
disasters; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
§§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C.
§§7401 et seq. and Executive Order 11738) providing for the protection
of and enhancement of the quality of the nation’s air resources to
promote public health and welfare and for restoring and maintaining the
chemical, physical, and biological integrity of the nation’s waters; (g)
protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species under the Endangered Species Act of
1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.
§§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106
of the National Historic Preservation Act of 1966, as amended (16
U.S.C. §470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits
in accordance with the Single Audit Act Amendments of 1996 and OMB
Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local
Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance and policies governing this
Grant.
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TDEM – September 2019
GRANT TERMS AND CONDITIONS
Exhibit C
Certifications for Grant Agreements
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.
A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions.
C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification), the Subrecipient
certifies that it and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient
can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:
www.window.state.tx.us/procurement/prog/vendor_performance/debarred.
2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (D)(2) of this certification;
4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local)
terminated for cause or default; or
5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this Grant. (Federal Certification).
E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the
same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred
for reasons other than the receipt or expected receipt of federal funds.
F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such
compliance in any subgrants or contract at the next tier.
G. Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of 2 C.F.R. Part 3001.
H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and
guidance.
I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this Grant.
J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or
reduction of funds in this Grant.
Page 13 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipient’s governing
body or of the Subrecipient’s contractor shall vote or confirm the employment of any person related within the second degree of affinity or
the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to emplo y or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two
years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member
related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a
health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health
and human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or
shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of
achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the
basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this
Grant.
10. Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c
and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally
assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-
646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose
principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Page 14 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not
listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt
of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-
234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt
of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implem entation Plans under
Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commer cially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residential structures.
21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used
for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this
program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any
federal, state, or local governmental entity and it is not listed on a state or federal government’s terrorism watch list as described in Executive
Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required
by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
Page 15 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
EXHIBIT E
Environmental Review
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. shall assess its federally funded projects for potential impact to environmental resources and historic properties.
2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by TDEM. Timelines
for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project
and the potential for environmental or historical impact.
3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior
to completion of FEMA’s EHP review will result in a non-compliance finding and TDEM will not authorize or release Grant funds for
non-compliant projects.
4. as soon as possible upon receiving this Grant, shall provide information to TDEM to assist with the legally-required EHP review and
to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB
Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP
requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the
Endangered Species Act, EO 11988 – Floodplain Management, EO 11990 – Protection of Wetlands, and EO 12898 – Environmental
Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and
clearances.
5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of
sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security
enhancements involving ground disturbance, new construction, and modifications to buildings.
6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA’s EHP review. Any changes to
an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed.
7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if
any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify FEMA
and the appropriate State Historical Preservation Office.
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TDEM – September 2019
GRANT TERMS AND CONDITIONS
EXHIBIT F
Additional Grant Conditions
1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days
following the Project Scoping meeting with the State- Federal team.
2. All work must be done prior to the approved project completion deadline assigned to each Project (POP).
Should additional time be required, a time extension request must be submitted which: a.) Identifies the
projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work
that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be
based on extenuating circumstances or unusual project requirements that are beyond the control of your
jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the
period of performance may result in reduction or withdrawal of federal funds for approved work.
3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM
and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall
submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for
review and approval prior to incurring costs.
4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved
work being completed for each project. If any project requires the purchase of insurance as a condition of
receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of Benefits
form certifying other funds were received to complete the project.
5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division
of Emergency Management (TDEM) within 60 days of completing the last small project in order to be
considered for additional funding.
6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM
within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a
determination contained in the project application, the 60 days will start the day the application is signed.
Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative
Project.
7. Public Assistance program projects will not receive funding until all of the requirements identified in the
comments section of the Project Worksheet are met.
8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in TDEM’s
Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation
supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by
TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been
made in that quarter.
9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM’s
GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public
Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves
the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at
the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are
required for projects that Subrecipient has initiated a closeout request and has provided a certificate of
completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or
deobligation of funding for Subrecipients until all reports are submitted and up-to-date.
Page 17 of 20
TDEM – September 2019
GRANT TERMS AND CONDITIONS
10. Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be
required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and
Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted
to your cognizant State agency or TDEM within nine months of the end of the subrecipient’s fiscal year.
Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter
must be sent to TDEM certifying to this.
11. Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded
from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient
must maintain documentation validating review of debarment list of eligible contractors.
12. Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment.
A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of
equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If
the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or
designated as surplus with no further obligation to FEMA.
13. TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project
worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in
the Portal and to provide and upload timely, all information requested that is needed to write accurate project
worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process.
14. TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions.
Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests
(AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals,
and other items deemed necessary by TDEM. Requested forms and processes may be adjusted and
changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as
necessary to properly manage and complete awarded projects under this agreement.
16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The
Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the
10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management
Costs.
GRANT TERMS AND CONDITIONS
Page 18 of 20
TDEM – September 2019
EXHIBIT G
Additional Grant Certifications
Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards (Projects)
and amendments (versions) under this Grant Agreement.
Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project.
Match Certification
Subrecipient certifies that it is not delinquent on any Federal Debt.
For Hazard Mitigation Projects Only:
Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be
provided to TDEM.
Federal Executive Order 12898 compliance requirements – If there are any concentrations of low income or
minority populations in or near the HMGP project:
1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on
low income or minority populations.
OR
2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and
minority populations related to this HMGP project.
Federal Debt Disclosure
Match Certification
Duplication of Program Statement
Maintenance Agreement
Environmental Justice Statement
Request for Information and Documentation Policy and
Guideline
It is crucial to the success of the overall Grant Program and to the timely completion and closure of
awarded projects that timelines be established for providing information and documentation. TDEM
has developed a framework to support this endeavor following a progressive series of communications
for the Subrecipient (RFI). TDEM will work with you throughout the RFI process as communication is the
key to your success.
RFI Timelines
First Informal Request The primary contact for the Subrecipient will receive the RFI via email
with five business days to respond.
Second Informal Request A second email to the primary contact will be sent with an additional
five business days to respond.
Third Informal Request A phone call will be made to the primary contact with a third email
requesting the information to be provided within five business days.
The Regional Section Administrator and State Coordinator will be
copied.
Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter
to the highest ranking official highlighting previous requests and an
additional ten days to provide the requested information.
Final Formal Request A final request by certified letter will be issued by the Deputy Assistant
Director of Recovery, Mitigation, and Standards, or the Assistant
Director of the Texas Division of Emergency Management to the highest
ranking official giving the final ten business days to respond or
deobligation of the project will begin.
Final Action If the RFI is not sufficiently answered, the project will be deobligated,
and any previously paid funds must be returned to TDEM.
Reference: RMS Services Grant Program Request for Information and Documentation August 2017
GRANT TERMS AND CONDITIONS
Please initial by each Exhibit, acknowledging you have received them, understand them, and
agree to abide by them.
Assurances – Non-Construction Programs, hereinafter referred to as “Exhibit A”
Assurances – Construction Programs, hereinafter referred to as “Exhibit B”
Certifications for Grant Agreements, hereinafter referred to as “Exhibit C”
State of Texas Assurances, hereinafter referred to as “Exhibit D”
Environmental Review Certification, hereinafter referred to as “Exhibit E”
Additional Grant Conditions, hereinafter referred to as “Exhibit F”
Additional Grant Certifications, hereinafter referred to as “Exhibit G”
Request for Information and Documentation referred to as “Exhibit H”
Please sign below to acknowledged acceptance of the grant and all exhibits in
this agreement, and to abide by all terms and conditions.
Signature of Certifying Official Date
Printed Name and Title
Page 20 of 20
TDEM – September 2019
Federal Emergency Management Agency
Region 6
Federal Regional Center
800 North Loop 288
Denton, TX 76209
January 30, 2020
MEMORANDUM FOR: HMGP FILES -
FEMA-4332-DR-TX
Project #0174
FROM: Brianne Schmidtke, Hazard Mitigation Assistance
Branch Chief
SUBJECT: Phase I Project
City of Corpus Christi
Nueces
Texas
Through this Phase I project, City of Corpus Christi is developing the data necessary to
demonstrate that the proposed Hazard Mitigation Grant Program (HMGP) construction project is
eligible for FEMA funding. This project involves data gathering and technical analysis only and
does not include commitment of federal resources other than manpower and funding.
This project has been determined to be Categorically Excluded from the need to prepare either an
Environmental Impact Statement or Environmental Assessment in accordance with FEMA
Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX A7. No extraordinary
circumstances in accordance with DHS Instruction 023-01-001-01 have been identified regarding
this action.
This Categorical Exclusion only covers the Phase I portion of this project. The applicant must
re-submit the Phase II construction portion of the project to FEMA prior to the start of
construction for evaluation under the National Environmental Policy Act and other relevant laws
and executive orders.
Recommended:
_______________________________ Date:_________________________
Delores Warnell
Hazard Mitigation Grant Specialist
U.S. Department of Homeland Security
Federal Emergency Management Agency
Region 6 Environmental and Historic Preservation
800 North Loop 288
Denton, TX 76209
Page 1 of 1
EHP Phase I Considerations:
City of Corpus Christi La Volla Creek Drainage Project
HMGP-DR-4332-TX Project #174
Based upon the scope of work provided, this project is CATEX-able by FEMA. The applicant
should consider the following during Phase I:
• If required, permitting under the Clean Water Act should be pursued/completed with USACE
during Phase I.
• Provide the results of the H&H study to support FEMA’s compliance under EO 11988 for
Floodplain Management.
• FEMA has determined that the proposed project will have no effect on federally listed species.
Therefore, the applicant and/or its contractor should not perform a biological survey for the
project.
• EHP will need a copy of the submitted SHPO consultation package and the SHPO response letter
to approve Phase II. If the SHPO requests an archeological survey, that survey should be
conducted during Phase I. FEMA ONLY needs an archeological survey if SHPO requires it,
otherwise an archeological survey should not be conducted for the project.
• Note that FEMA will likely consult with tribes on this project and will do so upon receipt of
Phase I deliverables. The applicant and its contractor should not consult directly with the tribes.
GLO Contract No. 20-065-133-C445
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GLO CONTRACT NO. 20-065-133-C445
COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECTS
NON-RESEARCH & DEVELOPMENT
HARVEY ROUND 1 FUNDING
The GENERAL LAND OFFICE (“the GLO”), a Texas state agency, and CITY OF CORPUS
CHRISTI, Texas Identification Number (TIN) 17460005741 (“Subrecipient”), each a “Party” and
collectively “the Parties,” enter into this Subrecipient agreement (the “Contract”) under the U.S.
Department of Housing and Urban Development’s Community Development Block Grant
Disaster Recovery (“CDBG-DR”) program to provide financial assistance with funds
appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations
for Disaster Relief Requirements Act, 2017 (Public Law 115-56), enacted on September 8, 2017,
to facilitate disaster recovery, restoration, and economic revitalization and to affirmatively
further fair housing, in accordance with Executive Order 12892, in areas affected by the Texas
Hurricane Harvey (DR-4332), which are Presidentially-declared major disaster areas under Title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et
seq.).
Through CDBG-DR Federal Award Number B-17-DM-48-0001, awarded February 9, 2018, as
amended August 14, 2018, and as may be further amended from time to time, the GLO
administers grant funds as Community Development Block Grants (Catalog of Federal Domestic
Assistance Number 14.228, “Community Development Block Grants/State’s program and Non-
Entitlement Grants in Hawaii”), as approved by the Texas Land Commissioner, and limited to
use for facilitating recovery efforts in Presidentially-declared major disaster areas.
ARTICLE I - GENERAL PROVISIONS
1.01 SCOPE OF PROJECT AND SUBAWARD
(a) Scope of Project
The purpose of this Contract is to set forth the terms and conditions of
Subrecipient’s participation in the CDBG-DR program. In strict conformance
with the terms and conditions of this Contract, Subrecipient shall perform, or
cause to be performed, the Infrastructure Activities defined in Attachment A (the
“Project”). Subrecipient shall conduct the Project in strict accordance with this
Contract, including all Contract Documents listed in SECTION 1.02, below, and
any Amendments, Revisions, or Technical Guidance Letters issued by the GLO.
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(b) Subaward
Subrecipient submitted a Grant Application under the Program. The GLO enters
into this Contract based on Subrecipient’s approved Grant Application.
Subject to the terms and conditions of this Contract and Subrecipient’s approved
Grant Application, the GLO shall issue a subaward to Subrecipient in an amount
not to exceed $7,234,755.00, payable as reimbursement of Subrecipient’s
allowable expenses, to be used in strict conformance with the terms of this
Contract, and the Performance Statement, Budget, and Benchmarks for
Infrastructure Projects in Attachment A.
The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the
effective date of this Contract or after the expiration or termination of this
Contract. The GLO, in its sole discretion, may reimburse Subrecipient for
allowable program costs incurred before the effective date of this Contract, in
accordance with federal law.
All other funds obtained by Subrecipient, regardless of the source, that are utilized
on Subrecipient’s CDBG-DR Activities are subject to compliance with all Federal
and State regulations governing this Contract.
1.02 CONTRACT DOCUMENTS
This Contract and the following Attachments, attached hereto and incorporated herein in
their entirety for all purposes, shall govern this Contract:
ATTACHMENT A: Performance Statement, Budget, and Benchmarks for
Infrastructure Projects
ATTACHMENT B: Federal Assurances and Certifications
ATTACHMENT C: General Affirmations
ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations
ATTACHMENT E: Special Conditions
ATTACHMENT F: Monthly Activity Status Report
ATTACHMENT G: GLO Information Security Appendix for Subrecipients
ATTACHMENT H: Public Law 113-2 Contract Reporting Template
1.03 GUIDANCE DOCUMENTS
Subrecipient is deemed to have read and understood, and shall abide by, all Guidance
Documents applicable to the CDBG-DR program, including, without limitation:
(a) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards;
(b) the relevant Federal Register publications;
(c) the Action Plan; and
(d) the applicable Method of Distribution; and
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(e) Other Guidance Documents posted at: http://recovery.texas.gov/action-plans/
hurricane-harvey/index.html.
All Guidance Documents are incorporated herein in their entirety for all purposes.
1.04 DEFINITIONS
“Acquisition” means the purchase by Subrecipient of residential real property in a
floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in
42 U.S.C. §5305(a)(1). Subrecipient may acquire property through voluntary
relinquishment by the property owner upon purchase or through its eminent domain
authority.
“Act” means Title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. § 5301, et seq.).
“Action Plan” means the State of Texas Plan for Disaster Recovery: Hurricane Harvey –
Round 1, as amended, found at http://recovery.texas.gov/hud-requirements-reports/
hurricane-harvey/index.html.
“Activity” means a defined class of works or services eligible to be accomplished using
CDBG-DR funds. Activities are specified in Subrecipient Performance Statement and
Budget in Attachment A.
“Administrative and Audit Regulations” means all applicable statutes, regulations, and
other laws governing administration or audit of this Contract, including Title 2, Part 200,
Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government Code.
“Amendment” means a written agreement, signed by the Parties hereto, that documents
alterations to the Contract other than those permitted by Technical Guidance Letters or
Revisions, as herein defined.
“Application” or “Grant Application” means the information Subrecipient provided that
is the basis for the award of funding under this Contract.
“As Built Plans” means the revised set of drawings submitted by a contractor upon
completion of a project or a particular job that reflect all changes made in the
specifications and working drawings during the construction process, and show the exact
dimensions, geometry, and location of all elements of the work completed under the
project.
“Attachment” means documents, terms, conditions, or additional information physically
added to this Contract following the execution page or included by reference, as if
physically attached.
“Benchmark” means the milestones identified in Attachment A that define Deliverables
required for release of funding throughout the life of the Contract.
“Budget” means the budget for the Activities funded by the Contract, a copy of which is
included in Attachment A.
“Buyout” means an Acquisition by Subrecipient of residential property in a floodplain or
Disaster Risk Reduction Area with the intent to reduce risk of real and personal property
damage from future flooding events. Real property purchased under a local Buyout
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program is subject to post-acquisition land use restrictions, which require any structures
on the property to be demolished or relocated and the land reverted to a natural
floodplain, converted into a retention area, or retained as green space for recreational
purposes.
“CDBG-DR” means the U.S. Department of Housing and Urban Development’s
Community Development Block Grant Disaster Recovery program.
“Certificate of Construction Completion” or “COCC” means a document to be executed
by the Subrecipient, Subrecipient’s construction contractor, and Subrecipient’s engineer
for each construction project that, when fully executed, provides final performance
measures for the project and indicates acceptance of the completed Project.
“C.F.R.” means the United States Code of Federal Regulations.
“Contract” means this entire document, along with any Attachments, both physical and
incorporated by reference, and any Amendments, Revisions, or Technical Guidance
Letters the GLO may issue, to be incorporated by reference herein for all purposes as
they are issued.
“Contract Documents” means the documents listed in SECTION 1.02.
“Contract Period” means the period of time between the effective date of the Contract
and its expiration or termination date.
“Deliverable(s)” means the work product(s) required to be submitted to the GLO as set
forth in the Performance Statement and Benchmarks, which are included in Attachment
A.
“Disaster Risk Reduction Area” means a clearly delineated area established by
Subrecipient in which residential properties suffered damage from Hurricane Harvey and
the safety and well-being of area residents are at risk from future flooding events.
“Equipment” means tangible personal property with a useful life of more than one (1)
year and an acquisition cost of Five Thousand Dollars ($5,000.00) or more per unit, as
further defined at 2 C.F.R. § 200.313.
“Event of Default” means the occurrence of any of the events set forth in SECTION 3.03,
herein.
“Federal Assurances” means Standard Form 424B (for non-construction projects) or
Standard Form 424D (for construction projects), as applicable, in Attachment B,
attached hereto and incorporated herein for all purposes.
“Federal Certifications” means the document titled “Certification Regarding Lobbying –
Compliant with Appendix A to 24 C.F.R. Part 87” and Standard Form LLL, “Disclosure
of Lobbying Activities,” also in Attachment B, attached hereto and incorporated herein
for all purposes.
“Federal Register” means the official journal of the federal government of the United
States that contains government agency rules, proposed rules, and public notices,
including U.S. Department of Housing and Urban Development Federal Register Docket
Nos. FR-6066-N-01 and FR-6109-N-01 and any other publication affecting Hurricane
Harvey – Round 1 CDBG-DR funding allocations.
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“Fiscal Year” means the period beginning September 1 and ending August 31 each year,
which is the annual accounting period for the State of Texas.
“FWCR” means Final Wage Compliance Report, a report prepared by Subrecipient at the
completion of each federally funded project certifying that all workers on the project
have been paid contract-specified prevailing wages and that any restitution owed to
workers has been paid.
“GAAP” means “generally accepted accounting principles.”
“GASB” means accounting principles as defined by the Governmental Accounting
Standards Board.
“General Affirmations” means the affirmations in Attachment C, which Subrecipient
certifies by signing this Contract.
“GLO” means the Texas General Land Office and its officers, employees, and designees.
“GLO Implementation Manual” means the manual created by the GLO for Subrecipients
of CDBG-DR grant allocations to provide guidance and training on the policies and
procedures required to effectively implement CDBG-DR programs and timely spend
grant funds.
“Grant Completion Report” means a report containing an as-built accounting of all
projects completed under a CDBG-DR program and all information required for final
acceptance of Deliverables and Contract closeout.
“Guidance Documents” means the documents referenced in Section 1.03.
“HUD” means the United States Department of Housing and Urban Development.
“Implementation Schedule” means the schedule that establishes Project milestones
Subrecipient will utilize to ensure timely expenditures and project completion.
“Infrastructure” means a project involving repairs to or replacement of public works
facilities and systems, including roads, bridges, dams, water and sewer systems, railways,
subways, airports, and harbors.
“Intellectual Property” means patents, rights to apply for patents, trademarks, trade
names, service marks, domain names, copyrights and all applications and worldwide
registration of such, schematics, industrial models, inventions, know-how, trade secrets,
computer software programs, other intangible proprietary information, and all federal,
state, or international registrations or applications for any of the foregoing.
“MOD” means Method of Distribution, referring to a document developed for a specific
region that outlines the distribution of CDBG-DR long-term disaster recovery funding to
counties, cities, and local government entities in the region.
“Monthly Activity Status Report” means Project Benchmark status reports required under
SECTION 4.02 and included as Attachment F of this Contract.
“Performance Statement” means the statement of work for the Project in Attachment A,
which includes specific Benchmarks and Activities, provides specific Project details and
location(s), and lists Project beneficiaries.
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“Program” means the Community Development Block Grant Disaster Recovery program,
administered by HUD and the GLO.
“Project” means the work to be performed under this Contract, as described in SECTION
1.01(a) and Attachment A.
“Project Manager” means the authorized representative of the GLO responsible for the
day-to-day management of a Project and the direction of staff and independent
contractors in the performance of work relating thereto.
“Prompt Pay Act” means Chapter 2251 of the Texas Government Code.
“Public Information Act” or “PIA” means Chapter 552 of the Texas Government Code.
“Revision” means the GLO’s written approval of changes to Deliverable due dates,
movement of funds among budget categories, and other Contract adjustments the GLO
may approve without a formal Amendment.
“Start Up Documentation” means the documents identified in Section 2.8.1 of the GLO
CDBG-DR Implementation Manual that must be completed and/or submitted to the GLO
as specified in SECTION 4.01, below, before the GLO may reimburse Subrecipient for
any invoiced expenses.
“Subrecipient” means City of Corpus Christi, a recipient of federal CDBG-DR funds
through the GLO as the pass-through funding agency. Subrecipient may also be referred
to as “Provider” herein.
“Technical Guidance Letter” or “TGL” means an instruction, clarification, or
interpretation of the terms or requirements of this Contract, issued by the GLO and
provided to Subrecipient, that is applicable to specific subject matters pertaining to this
Contract and to which the addressed Program participants shall be subject.
“U.S.C.” means the United States Code.
1.05 INTERPRETIVE PROVISIONS
(a) The meaning of a defined term applies to its singular and plural forms.
(b) The words “hereof,” “herein,” “hereunder,” and similar words refer to this
Contract as a whole and not to any particular provision, section, Attachment, or
schedule of this Contract unless otherwise specified.
(c) The term “including” means “including, without limitation.”
(d) Unless otherwise expressly provided, a reference to a contract includes
subsequent amendments and other modifications thereto executed according to
the contract’s terms and a reference to a statute, regulation, ordinance, or other
law includes subsequent amendments, renumbering, recodification, and other
modifications thereto by the enacting authority.
(e) The captions and headings of this Contract are for convenience of reference only
and shall not affect the interpretation of this Contract.
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(f) The limitations, regulations, and policies contained herein are cumulative and
each must be performed in accordance with its terms without regard to other
limitations, regulations, and policies affecting the same matter.
(g) Unless otherwise expressly provided, reference to any GLO action by way of
consent, approval, or waiver is deemed modified by the phrase “in its/their sole
discretion.” Notwithstanding the preceding, the GLO shall not unreasonably
withhold or delay any such approval, consent, or waiver.
(h) All due dates and/or deadlines referenced in this Contract that occur on a weekend
or holiday shall be considered as if occurring on the next business day.
(i) All time periods in this Contract shall commence on the day after the date on
which the applicable event occurred, report is submitted, or request is received.
(j) Time is of the essence in this Contract.
(k) In the event of conflicts or inconsistencies between this Contract, its Attachments,
federal and state requirements, and any documents incorporated herein by
reference, such conflicts or inconsistencies shall be resolved by reference to the
documents in the following order of priority: all applicable laws, rules, and
regulations, including, but not limited to, those included in Attachment D; the
Contract; Attachment A; Attachment E; Attachment B; Attachment C;
Attachment F; Attachment G; Attachment H; applicable Guidance Documents,
and the GLO Implementation Manual. Conflicts or inconsistencies between GLO
Implementation Manual and this Contract, any laws, rules or regulations, or any
of the Guidance Documents should be reported to the GLO for clarification of the
GLO Implementation Manual.
ARTICLE II – REIMBURSEMENT, ADVANCE PAYMENT, BUDGET VARIANCE, AND INCOME
2.01 REIMBURSEMENT REQUESTS
Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled
checks, and/or such other documentation that, in the judgment of the GLO, allows for full
substantiation of the costs incurred. Requests for payment must be submitted via email to
DR.Billing@glo.texas.gov, or through the GLO’s system of record, if specified by
Technical Guidance Letter under this Contract.
Subrecipient must submit, and the GLO must approve, all invoices for incurred expenses
related to a specific Benchmark, including invoices for expenses incurred by any
subcontractor, before Subrecipient will be reimbursed for expenses related to succeeding
Benchmarks, as outlined in Attachment A.
2.02 TIMELY EXPENDITURES
In accordance with the Federal Register and to ensure timely expenditure of grant funds,
Subrecipient shall submit reimbursement requests under this Contract, at a minimum,
quarterly.
THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE
NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT
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OR ANY OF ITS SUBCONTRACTORS INCURS THE EXPENSE. THE GLO MAY, IN ITS SOLE
DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS
REQUIREMENT.
Subrecipient shall make timely payments to its subcontractors in accordance with
Chapter 2251 of the Texas Government Code.
Subrecipient shall submit final reimbursement requests to the GLO no later than sixty
(60) days after this Contract expires or is terminated. The GLO, in its sole discretion, may
deny payment and de-obligate remaining funds from the contract sixty (60) days after
expiration or termination of the Contract. The GLO’s ability to de-obligate funds under
this Section 2.02 notwithstanding, the GLO shall pay all eligible reimbursement requests.
2.03 VARIANCE
Amendments to decrease or increase the subaward amount or to add or delete an Activity
may be made only b y written agreement of the Parties, under the formal Amendment
process described in SECTION 8.15, below. Upon completion of the Project, the GLO
shall formally close out the Project by issuing a close-out letter to Subrecipient. The GLO
may, in its sole discretion and in conformance with federal law, approve other
adjustments required during Project performance through a Revision or Technical
Guidance Letter. Such approvals must be in writing, and may be delivered by regular
mail, electronic mail, or facsimile transmission.
SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES AS PART
OF THE GRANT COMPLETION REPORT TO THE GLO NO LATER THAN SIXTY (60) DAYS
AFTER THE CONTRACT TERMINATES OR EXPIRES OR AT THE CONCLUSION OF ALL
CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE GRANT COMPLETION
REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM
COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT.
2.04 PROGRAM INCOME
In accordance with 2 C.F.R. § 200.307, Subrecipient shall maintain records of the receipt
and accrual of all Program Income, as Program Income is defined at 2 C.F.R. § 200.80.
Subrecipient shall report Program Income to the GLO in accordance with ARTICLE IV of
this Contract. Subrecipient shall return all Program Income to the GLO at least quarterly.
2.05 SUBAWARD OFFER SUBJECT TO CANCELLATION
IF SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO
WITHIN SIXTY (60) DAYS OF TRANSMITTAL OF THE CONTRACT TO SUBRECIPIENT,
SUBAWARD FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION, IN THE
SOLE DISCRETION OF THE GLO.
ARTICLE III - DURATION, EXTENSION, AND TERMINATION OF CONTRACT
3.01 DURATION OF CONTRACT AND EXTENSION OF TERM
This Contract shall become effective on the date signed by the last Party, and shall
terminate on August 31, 2022 (“Contract Period”), or upon the completion of all
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Benchmarks listed in Attachment A, and required closeout procedures, whichever occurs
first. Subrecipient must meet all Project Benchmarks in Attachment A.
Subrecipient’s failure to meet any Benchmark may result in suspension of payment
or termination under Sections 3.02, 3.03, or 3.04, below.
Upon receipt of a written request and acceptable justification from Subrecipient, the GLO
may amend this Contract to extend the Contract Period. ANY REQUEST FOR EXTENSION
MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL
TERMINATION DATE OF THIS CONTRACT AND, IF APPROVED, SUCH EXTENSION SHALL BE
BY WRITTEN AMENDMENT.
3.02 EARLY TERMINATION
The GLO may terminate this Contract by giving written notice specifying a termination
date at least thirty (30) days after the date of the notice. Upon receipt of such notice,
Subrecipient shall cease work, terminate any subcontracts, and incur no further expense
related to this Contract. Such early termination shall be subject to the equitable settlement
of the respective interests of the Parties, accrued up to the date of termination.
3.03 EVENTS OF DEFAULT
Each of the following events shall constitute an Event of Default under this Contract: (a)
Subrecipient fails to comply with any term, covenant, or provision contained in this
Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or
takes any similar action for the protection or benefit of creditors; or (c) Subrecipient
makes a materially incorrect representation or warranty in a Performance Statement, a
reimbursement request for payment, or any report submitted to the GLO under the
Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty
(30) day period to cure any deficiency or potential cause of an Event of Default. The
GLO may extend the time allowed to cure any deficiency or potential cause of an Event
of Default. The GLO shall not arbitrarily withhold approval of an extension of the time
allowed to cure a deficiency or potential cause of an Event of Default. In no event shall
the amount of time allowed to cure a deficiency or potential cause of an Event of Default
extend beyond the Contract Period.
3.04 REMEDIES; NO WAIVER
Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable
or legal remedy available to it, including without limitation, withholding payment,
disallowing all or part of noncompliant Activities, or suspending or terminating the
Contract.
The Parties’ rights or remedies under this Contract are not intended to be exclusive of any
other right or remedy, and each and every right and remedy shall be cumulative and in
addition to any other right or remedy given under this Contract, or hereafter legally
existing, upon the occurrence of an Event of Default. The GLO’s failure to insist upon
the strict observance or performance of any of the provisions of this Contract or to
exercise any right or remedy provided in this Contract shall not impair, waive, or
relinquish any such right or remedy with respect to another Event of Default.
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ARTICLE IV - CONTRACT ADMINISTRATION
4.01 SUBMISSIONS – GENERALLY
Except for legal notices that must be sent by specific instructions pursuant to SECTION
8.10 of the Contract and all other reports and documentation the GLO requires, any
report, form, document, or request required to be submitted to the GLO under this
Contract shall be sent in the format prescribed by the GLO.
If Subrecipient fails to submit to the GLO in a timely and sa tisfactory manner any
report required by this Contract, the GLO, in its sole discretion, may withhold any
payments, pending Subrecipient’s correction of the deficiency.
(a) Start Up Documentation
Not later than the close of business sixty (60) days after the effective date of this
Contract, Subrecipient must submit Start Up Documentation to the GLO.
(b) Forms
In conformance with required state and federal laws applicable to the Contract:
(i) Subrecipient certifies, by the execution of this Contract, all statements in
Attachment C, General Affirmations;
(ii) Subrecipient must execute Standard Form 424D, Federal Assurances for
Construction Programs, found at Page 1 of Attachment B;
(iii) Subrecipient must execute the “Certification Regarding Lobbying
Compliant with Appendix A to 24 C.F.R. Part 87,” found at Page 3 of
Attachment B; and
(iv) If any funds granted under this Contract have been used for lobbying
purposes, Subrecipient must complete and execute Standard Form LLL,
“Disclosure of Lobbying Activities,” found at Page 4 of Attachment B.
4.02 MONTHLY ACTIVITY STATUS REPORTS
Subrecipient must provide monthly Activity status reporting, in the format prescribed in
Attachment F (Monthly Activity Status Report), for each individual Activity identified
in Attachment A. The Monthly Activity Status Report is due on the first day of each
month for the duration of the Contract. Any licenses or permits required for the work
identified in Attachment A shall be included as a part of the Monthly Activity Status
Report for the period during which they are obtained, pursuant to Section 8.01, herein.
Subrecipient shall email Monthly Activity Status Reports to
DR.Status.Reporting@recovery.texas.gov.
4.03 HUD CONTRACT REPORTING REQUIREMENT
HUD requires the GLO to maintain a public website that accounts for the use and
administration of all GLO-administered CDBG-DR grant funds. To assist the GLO in
meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a
written summary of all contracts procured by Subrecipient using grant funds awarded
under this Contract. Reports shall be submitted to cdrsubsreporting@recovery.texas.gov,
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unless otherwise specified in a Technical Guidance Letter issued under this Contract.
Subrecipient shall only report contracts as defined in 2 CFR § 200.22. Subrecipient must
use a template developed by HUD to prepare the monthly reports, attached hereto as
Attachment H and accessible online at https://www.hudexchange.info/resource/
3898/public-law-113-2-contract-reporting-template/. Additional information about this
reporting requirement is available in Federal Register publications governing the
Hurricane Harvey CDBG-DR funding allocation.
ARTICLE V - FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT
5.01 FEDERAL FUNDING
(a) Funding for this Contract is appropriated under the Continuing Appropriations
Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate
disaster recovery, restoration, economic revitalization, and to affirmatively further
fair housing in accordance with Executive Order 12892, in areas affected by the
Texas Hurricane Harvey (DR-4332), which are Presidentially-declared major
disaster areas under Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. § 5121, et seq.). The fulfillment of this
Contract is based on those funds being made available to the GLO as the lead
administrative state agency. All expenditures under this Contract must be made in
accordance with this Contract, the rules and regulations promulgated under the
CDBG-DR Program and any other applicable laws. All funds disbursed under
this Contract are subject to recapture and repayment for non-compliance.
(b) To participate in the CDBG-DR program, Subrecipient must have a Data
Universal Numbering System (DUNS) number and a Commercial and
Government Entity (CAGE) code. Subrecipient must report its DUNS
number and CAGE code to the GLO for use in various reporting documents.
A DUNS number and CAGE code may be obtained by visiting the System for
Award Management website at https://www.sam.gov. Assistance with this
website is available by calling 866-606-8220.
5.02 STATE FUNDING
(a) This Contract shall not be construed as creating any debt on behalf of the State of
Texas and/or the GLO in violation of Article III, Section 49, of the Texas
Constitution. In compliance with Article VIII, Section 6, of the Texas
Constitution, all obligations of the GLO hereunder are subject to the availability
of state funds. If such funds are not appropriated or become unavailable, the GLO
may terminate this Contract. In that event, the Parties shall be discharged from
further obligations, subject to the equitable settlement of their respective interests,
accrued up to the date of termination.
(b) Any claim by Subrecipient for damages under this Contract may not exceed the
amount due and owing Subrecipient under the Contract or the amount of funds
appropriated for payment, but not yet paid to Subrecipient, under the annual
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budget in effect at the time of the breach. Nothing in this provision shall be
construed as a waiver of sovereign immunity.
5.03 RECAPTURE OF FUNDS
Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the
Activities as set forth in the Contract. The discretionary right of the GLO to terminate for
convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract
and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO
(a) that exceed the maximum allowable HUD rate; (b) that are not allowed under
applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this
Contract, including any unapproved expenditures. This recapture provision applies to
any funds expended for the Project or any Activity that does not meet a CDBG-DR
Program National Objective as specified in the Performance Statement in
Attachment A or that is not otherwise eligible under CDBG-DR regulations.
5.04 OVERPAYMENT AND DISALLOWED COSTS
Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial
and/or compliance audit(s) of funds received under this Contract. Subrecipient shall
reimburse disallowed costs from funds which were not provided or otherwise made
available to Subrecipient under this Contract.
5.05 FINAL BENCHMARK
To ensure full performance of the Project, the GLO has set aside an amount equal to five
percent (5%) of Subrecipient’s subaward until completion and acceptance by the GLO of
all Activities and Benchmarks identified in the Performance Statement in Attachment A.
The GLO shall make a final disbursement only upon receipt of documentation sufficient
to determine that Subrecipient has completed the Activities in accordance with the
Performance Statement, the Contract Documents, and all applicable laws, rules, and
regulations.
ARTICLE VI - INTELLECTUAL PROPERTY
6.01 OWNERSHIP AND USE
(a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts
of reports, or other material, data, drawings, computer programs and codes
associated with this Contract, and/or any copyright or other intellectual property
rights, and any material or information developed and/or required to be delivered
under this Contract, with each Party having the right to use, reproduce, or publish
any or all of such information and other materials without obtaining permission
from the other Party and without expense or charge.
(b) Subrecipient grants the GLO and HUD a royalty free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use, for U.S. Government purposes, all reports, drafts of reports, or other
material, data, drawings, computer programs, and codes associated with this
Contract, and/or any copyright or other intellectual property rights, and any
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material or information developed and/or required to be delivered under this
Contract.
6.02 NON-ENDORSEMENT BY STATE AND THE UNITED STATES
Subrecipient shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, still or motion pictures, articles,
manuscripts, or other publications) that states or implies the GLO, the State of Texas,
U.S. Government, or any government employee, endorses a product, service, or position
the Subrecipient represents. Subrecipient may not release information relating to this
Contract or state or imply that the GLO, the State of Texas, or the U.S. Government
approves of Subrecipient’s work products or considers Subrecipient’s work product to be
superior to other products or services.
6.03 DISCLAIMER REQUIRED
Subrecipient shall include a disclaimer on all public information releases issued pursuant
to this Contract stating that the funds for this Project or any Program are provided by
Subrecipient and the Texas General Land Office through HUD’s CDBG Program.
ARTICLE VII - RECORDS, AUDIT, AND RETENTION
7.01 BOOKS AND RECORDS
Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records sufficient to allow the GLO, the Texas State Auditor’s Office, the
United States Government, and/or their authorized representatives to determine
Subrecipient’s compliance with this Contract and all applicable laws, rules, and
regulations, including the applicable laws and regulations provided in Attachment D.
7.02 INSPECTION AND AUDIT
(a) All records related to this Contract, including records of Subrecipient and its
subcontractors, shall be subject to the Administrative and Audit Regulations.
Accordingly, such records and work product shall be subject, at any time, to
inspection, examination, audit, and copying at the Subrecipient’s primary location
or any location where such records and work product may be found, with or
without notice from the GLO or other government entity with necessary legal
authority. Subrecipient shall cooperate fully with any federal or state entity in the
conduct of inspection, examination, audit, and copying, including providing all
information requested. Subrecipient will ensure that this clause concerning federal
and state entities’ authority to inspect, examine, audit, and copy records and work
product, and the requirement to fully cooperate with the federal and state entities,
is included in any subcontract it awards.
(b) The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the Contract or indirectly through a
subcontract under the Contract. Acceptance of funds directly under the Contract
or indirectly through a subcontract under the Contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
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committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the legislative audit committee, an entity that is the subject
of an audit or investigation by the state auditor must provide the state auditor with
access to any information the state auditor considers relevant to the investigation
or audit. The Office of the Comptroller General of the United States, the
Government Accountability Office, the Office of Inspector General, or any
authorized representative of the U.S. Government shall also have this right of
inspection. Subrecipient shall ensure that this clause concerning the authority to
audit funds received indirectly by subcontractors through Subrecipient and the
requirement to cooperate is included in any subcontract it awards.
(c) Subrecipient will be deemed to have read and know of all applicable federal,
state, and local laws, regulations, and rules pertaining to the Project, including
those identified in Attachment D, governing audit requirements.
7.03 SUBRECIPIENT SELF-AUDIT AND TARGETED AUDITS
(a) Subrecipient Self-Audit
Upon the GLO’s or HUD’s approval, Subrecipient may conduct an annual
financial and compliance audit of funds received and performance rendered under
this Contract. Subrecipient may use funds budgeted under this Contract to pay for
that portion of the cost of such audit services properly allocable to the Activities
funded under this Contract, provided that the GLO shall not pay the cost of such
audit services until the GLO has received Subrecipient’s satisfactory audit report
and invoice, as determined by the GLO. The invoice submitted for reimbursement
must clearly show the percentage of cost allocable to the Activities funded under
this Contract relative to the total cost of the audit services. Therefore,
Subrecipient shall submit an invoice showing the total cost of the audit and the
corresponding prorated charge per funding source. If applicable, Subrecipient
shall submit an explanation with the reimbursement request, explaining why the
percentage of audit fees exceeds the prorated amount allowable.
(b) Targeted Audits and Monitoring Visits
The GLO may at any time perform, or instruct the performance of, an annual
program and/or fiscal audit, or conduct a special or targeted audit of any aspect of
the Subrecipient’s operation, using an auditor of the GLO’s choice. Subrecipient
shall maintain financial and other records prescribed by the GLO or by applicable
federal or state laws, rules, and regulations.
7.04 PERIOD OF RETENTION
All records relevant to this Contract shall be retained for a period of three (3) years
subsequent to the final closeout of the overall State of Texas CDBG-DR program, in
accordance with federal regulations. The GLO will notify all Program participants of
the date upon which local records may be destroyed.
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ARTICLE VIII - MISCELLANEOUS PROVISIONS
8.01 LEGAL OBLIGATIONS
Subrecipient shall procure and maintain for the duration of this Contract any license,
authorization, insurance, waiver, permit, qualification, or certification required by
federal, state, county, or city statute, ordinance, law, or regulation to be held by
Subrecipient to provide the goods or services required by this Contract. Subrecipient shall
pay all taxes, assessments, fees, premiums, permits, and licenses required by law.
Subrecipient shall pay any such government obligations not paid by its subcontractors
during performance of this Contract. Subrecipient shall include copies of such licenses
and permits as a part of the Monthly Activity Status Report for the period during
which they are obtained.
8.02 INDEMNITY
To the extent permitted under the law, except for damages directly or proximately
caused by the gross negligence of the GLO, Subrecipient shall indemnify and hold
harmless the State of Texas, the GLO, and the officers, representatives, agents, and
employees of the State of Texas and the GLO from any losses, claims, suits, actions,
damages, or liability (including all costs and expenses of defending against all of the
aforementioned) arising in connection with:
(a) This Contract;
(b) Any negligence, act, omission, or misconduct in the performance of the
services referenced herein; or
(c) Any claims or amounts arising or recoverable under federal or state
workers’ compensation laws, the Texas Tort Claims Act, or any other such
laws.
Subrecipient shall be responsible for the safety and well -being of its employees,
customers, and invitees. These requirements shall survive the term of this Contract
until all claims have been settled or resolved and suitable evidence to that effect has
been furnished to the GLO. The provisions of this Section shall survive termination
of this Contract.
8.03 INSURANCE AND BOND REQUIREMENTS
(a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government
Code to self-insure, Subrecipient shall carry insurance for the duration of this
Contract in types and amounts necessary and appropriate for the Project.
(b) Subrecipient shall require all contractors, subcontractors, vendors, service
providers, or any other person or entity performing work described in
Attachment A to carry insurance for the duration of the Project in the types and
amounts customarily carried by a person or entity providing such goods or
services. Subrecipient shall require any person or entity required to obtain
insurance under this Section to complete and file the declaration pages from the
insurance policies with Subrecipient whenever a previously identified policy
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period expires during the term of Subrecipient’s contract with the person or entity,
as proof of continuing coverage. Subrecipient’s contract with any such person or
entity shall clearly state that acceptance of the insurance policy declaration pages
by the Subrecipient shall not relieve or decrease the liability of the person or
entity. Persons or entities shall be required to update all expired policies
before Subrecipient’s acceptance of an invoice for monthly payment from
such parties.
(c) Subrecipient shall require performance and payment bonds to the extent they are
required under Chapter 2253 of the Texas Government Code.
(d) Subrecipient shall require, on all construction projects, that any person or
entity required to provide Federal Construction Assurances shall complete
form SF-424D, entitled “Assurances – Construction Programs,” and
Subrecipient shall maintain such documentation.
8.04 ASSIGNMENT AND SUBCONTRACTS
Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under
this Contract without the GLO’s prior written consent. Notwithstanding this provision,
Subrecipient may subcontract some or all of the services to be performed under this
Contract. In any subcontracts, Subrecipient shall legally bind the subcontractor to
perform and make such subcontractor subject to all the duties, requirements, and
obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be
construed to relieve Subrecipient of the responsibility for ensuring that the goods
delivered and/or the services rendered by Subrecipient and/or any of its subcontractors
comply with all the terms and provisions of this Contract.
For subcontracts to which Federal Labor Standards requirements apply, Subrecipient
shall submit to the GLO all documentation required to ensure compliance. Subrecipient
shall retain five percent (5%) of the payment due under each of Subrecipient’s
construction or rehabilitation subcontracts until the GLO determines that the Federal
Labor Standards requirements applicable to each such subcontract have been satisfied.
8.05 PROCUREMENT
Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318
through 200.326 and all other applicable federal, state, and local procurement procedures
and laws, regulations, and rules. Subrecipient must confirm that its vendors and
subcontractors are not debarred from receiving state or federal funds at each of the
following web addresses:
Texas Comptroller’s Vendor Performance Program at:
https://comptroller.texas.gov/purchasing/;
and the Federal General Services Administration’s System for Award Management at:
https://www.sam.gov/.
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8.06 PURCHASES AND EQUIPMENT
Any purchase of Equipment or computer software shall be made in accordance with all
applicable laws, regulations, and rules including those listed in Attachment D.
Subrecipient shall retain title to and possession of any Equipment or computer software
unless and until transferred to the GLO, upon the GLO’s written request, or disposed of
in accordance with federal regulations. Subrecipient shall furnish, with its final request
for reimbursement, a list of all Equipment and computer software purchased with
Program funds under the Contract, including the name of the manufacturer, the model
number, and the serial number, if applicable. The disposition of any Equipment or
computer software shall be in accordance with all applicable laws, regulations, and rules,
including those listed in Attachment D.
8.07 COMMUNICATION WITH THIRD PARTIES
The GLO and the authorities named in ARTICLE VII, above, may initiate
communications with any subcontractor, and may request access to any books,
documents, personnel, papers, and records of a subcontractor which are pertinent to this
Contract. Such communications may be required to conduct audits, examinations, Davis-
Bacon Labor Standards interviews, and gather additional information as provided in
ARTICLE VII herein.
8.08 RELATIONSHIP OF THE PARTIES
Subrecipient is associated with the GLO only for the purposes and to the extent specified
in this Contract. Subrecipient is and shall be an independent contractor and, subject only
to the terms of this Contract, shall have the sole right to supervise, manage, operate,
control, and direct performance of the details incident to its duti es under this Contract.
Nothing contained in this Contract creates a partnership or joint venture, employer-
employee or principal-agent relationships, or any liability whatsoever with respect to the
indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient
shall be solely responsible for, and the GLO shall have no obligation with respect to:
withholding of income taxes, FICA, or any other taxes or fees; industrial or workers’
compensation insurance coverage; participation in any group insurance plans available to
employees of the State of Texas; participation or contributions by the State to the State
Employees Retirement System; accumulation of vacation leave or sick leave; or
unemployment compensation coverage provided by the State.
8.09 COMPLIANCE WITH OTHER LAWS
In the performance of this Contract, Subrecipient shall comply with all applicable federal,
state, and local laws, ordinances, and regulations, including those listed in Attachments
B, C, and D. Subrecipient is deemed to know and understand all applicable laws, statutes,
ordinances, and regulations affecting its performance under this Contract.
8.10 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either
in the United States mail (certified, postage paid, return receipt requested) or with a
common carrier (overnight, signature required) to the appropriate address below.
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GLO
Texas General Land Office
1700 N. Congress Avenue, 7th Floor
Austin, TX 78701
Attention: Contract Management Division
Subrecipient
City of Corpus Christi
1201 Leopard
Corpus Christi, TX 78401
Attention: Keith Selman
Notice given in any other manner shall be deemed effective only if and when received by
the Party to be notified. Either Party may change its address for notice by written notice
to the other Party as herein provided.
8.11 GOVERNING LAW AND VENUE
This Contract and the rights and obligations of the Parties hereto shall be governed by,
and construed according to, the laws of the State of Texas, exclusive of conflicts of law
provisions. Venue of any suit brought under this Contract shall be in a court of competent
jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection,
including any objection to personal jurisdiction or the laying of venue or based on the
grounds of forum non conveniens, which it may now or hereafter have to the bringing of
any action or proceeding in such jurisdiction with respect to this Contract or any
document related hereto. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A
WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
8.12 SEVERABILITY
If a court of competent jurisdiction determines any provision of this Contract is invalid,
void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this
Contract shall remain in full force and effect, and shall in no way be affected, impaired,
or invalidated.
8.13 DISPUTE RESOLUTION
Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the
dispute resolution process established in Chapter 2260 of the Texas Government Code
and related rules to attempt to resolve any dispute under this Contract, including a claim
for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course
of business. Neither the occurrence of an event giving rise to a breach of contract claim
nor the pendency of such a claim constitutes grounds for Subrecipient to suspend
performance of this Contract. Notwithstanding this provision, the GLO reserves all legal
and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
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8.14 PUBLIC RECORDS
Information related to the performance of this Contract may be subject to the Public
Information Act (“PIA”) and will be withheld from public disclosure or released only in
accordance therewith. Subrecipient shall make any information created or exchanged
with the state pursuant to the Contract, and not otherwise excepted from disclosure under
the Texas Public Information Act, available in a format that is accessible by the public at
no additional charge to the state/the GLO. Subrecipient shall make any information
required under the PIA available to the GLO in portable document file (“.pdf”) format or
any other format agreed between the Parties. Subrecipient’s failure to mark as
“confidential” or a “trade secret” any information it believes to be excepted from
disclosure waives all claims Subrecipient may make against the GLO for releasing such
information without prior notice to Subrecipient.
Subrecipient shall release the following information upon receipt of an open records
request:
(a) The amount of CDBG-DR funds expected to be made available;
(b) The range of Activities that may be undertaken with CDBG-DR funds;
(c) The estimated amount of CDBG-DR funds proposed to be used for Activities that
will meet the national objective of benefit to low- and moderate-income persons;
and
(d) The proposed CDBG-DR Activities likely to result in displacement and the
Subrecipient’s anti-displacement and relocation plan.
8.15 AMENDMENTS TO THE CONTRACT
Amendments to decrease or increase the subaward, to add or delete an Activity, to extend
the term of the Contract, and/or to make other substantial amendments to the Contract
may be made only by written agreement of the Parties, under the formal Amendment
process except that, upon completion of the Project, the GLO shall issue a close-out letter
pursuant to SECTION 2.03. The formal Amendment process requires submission by the
GLO Project Manager of the proposed amended language or amount to the GLO Contract
Management Division for the preparation of a formal Amendment and circulation for
necessary GLO and Subrecipient signatures. In the sole discretion of the GLO, and in
conformance with federal law, the GLO may approve other adjustments required during
Project performance by the GLO by way of a Revision or Technical Guidance Letter
unilaterally issued by the GLO and acknowledged by the Subrecipient. Such approvals
must be in writing and may be delivered by U.S. mail or electronic mail.
Pursuant to SECTION 2.03 hereof, a final Grant Completion Report of all Activities
performed under this Contract shall be submitted to the GLO and shall include all such
informal revisions approved by the GLO over the life of the Contract.
8.16 ENTIRE CONTRACT AND MODIFICATIONS
This Contract, its Attachments, Technical Guidance Letter(s), and/or Revision(s) issued
in conjunction with this Contract, if any, constitute the entire agreement of the Parties and
are intended as a complete and exclusive statement of the promises, representations,
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negotiations, discussions, and other agreements made in connection with the subject
matter hereof. Any additional or conflicting terms in Attachment(s), Technical Guidance
Letter(s), and/or Revision(s) shall be harmonized with this Contract to the extent
possible. Unless an Attachment, Technical Guidance Letter, or Revision specifically
displays a mutual intent to amend a particular part of this Contract, general conflicts in
language shall be construed consistently with the Contract.
8.17 PROPER AUTHORITY
Each Party hereto represents and warrants that the person executing this Contract on its
behalf has full power and authority to legally bind its respective entity. Subrecipient
acknowledges that this Contract is effective for the period of time specified in the
Contract. Any work performed by Subrecipient after the Contract terminates is performed
at the sole risk of Subrecipient.
8.18 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be an
original, and all such counterparts shall together constitute but one and the same
Contract.
8.19 SURVIVAL
The provisions of ARTICLES V, VI, and VII and SECTIONS 1.01, 1.03, 2.05, 3.02, 3.04,
8.02, 8.03, 8.07, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, and 8.15 of this Contract and any other
continuing obligations of Subrecipient shall survive the termination or expiration of this
Contract.
8.20 CONTRACT CLOSEOUT
Upon completion of all Activities required for the Contract, and, pursuant to SECTION
2.03 hereof, Subrecipient shall prepare a final Grant Completion Report confirming
final performance measures, budgets, and expenses. The GLO will close the contract in
accordance with 2 C.F.R. §§ 200.343 through 200.345 and GLO CDBG-DR guidelines
consistent therewith. The GLO will notify Subrecipient via official closeout letter upon
review and approval of the final Grant Completion Report.
8.21 INDIRECT COST RATES
Unless, under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or
does negotiate an indirect cost rate with the federal government, subject to periodic
renegotiations of the rate during the Contract Period, or is exempt from such negotiations
and has developed and maintains an auditable central service cost allocation plan,
Subrecipient’s indirect cost rate shall be set by 2 C.F.R. § 200.414(f), i.e., ten percent
(10%).
8.22 CONFLICT OF INTEREST
(a) Subrecipient shall abide by the provisions of this Section and include the
provisions in all subcontracts. Subrecipient shall comply with all conflict of
interest laws and regulations applicable to the Program.
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(b) Subrecipient shall maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection,
award, and administration of contracts.
8.23 FORCE MAJEURE
Except with respect to the obligation of payments under this Contract, if either of the
Parties, after a good faith effort, is prevented from complying with any express or implied
covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of
God; any valid order, rule, or regulation of governmental authority; or similar events that
are beyond the control of the affected Party (collectively referred to as “Force Majeure”),
then, while so prevented, the affected Party’s obligation to comply with such covenant
shall be suspended, and the affected Party shall not be liable for damages for failure to
comply with such covenant. In any such event, the Party claiming Force Majeure must
promptly notify the other Party of the Force Majeure in writing and, if possible, such
notice must set forth the extent and duration thereof. The Party claiming Force Majeure
must exercise due diligence to prevent, eliminate, or overcome such Force Majeure when
it is possible to do so and shall resume performance at the earliest possible date.
However, if nonperformance continues for more than thirty (30) days, the GLO may
terminate this Contract immediately upon written notification to Subrecipient.
8.24 ENVIRONMENTAL CLEARANCE REQUIREMENTS
(a) Subrecipient is responsible for conducting environmental reviews and for
obtaining any environmental clearance necessary for successful completion of the
Project. Subrecipient shall prepare an environmental review or assessment of each
Activity in accordance with applicable laws, regulations, rules, and guidance.
Subrecipient shall maintain a written Environmental Review Record (“ERR”) for
each Activity, including all supporting source documentation and documentation
to support any project mitigation. Subrecipient shall provide a copy of the ERR
and all related source documentation to the GLO.
(b) Subrecipient shall address inquiries and complaints and shall provide appropriate
redress related to environmental Activities. Subrecipient shall document each
communication issued or received hereunder in the related ERR.
(c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt
environmental Activities, as defined in federal regulations. Reimbursement
requests for exempt environmental Activities must be supported by the proper
HUD-prescribed form.
(d) The Parties acknowledge and understand that the GLO may enter into Interagency
agreements with the Texas Historical Commission and other entities in order to
facilitate any necessary environmental or historic review. The GLO may
incorporate one or more Interagency agreements into this contract via a Technical
Guidance Letter.
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8.25 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS
(a) Subrecipient must ensure that all citizens have equal and ongoing access to
information about the Project, including ensuring that Project information is
available in the appropriate languages for the geographical area served by the
Subrecipient. Information furnished to citizens shall include, without limitation:
(i) The amount of CDBG-DR funds expected to be made available;
(ii) The range of Activities that may be undertaken with the CDBG-DR funds;
(iii) The estimated amount of the CDBG-DR funds proposed to be used for
Activities meeting the national objective of benefiting low -to-moderate
income persons; and
(iv) A clear statement of such and the entity’s anti-displacement and relocation
plan if any proposed CDBG-DR Activities are likely to result in
displacement.
(b) Complaint Procedures: Subrecipient must have written citizen complaint
procedures that provide a timely written response (within fifteen (15) working
days) to complaints and grievances. Subrecipient shall notify citizens of the
location and the days and hours when the location is open for business so they
may obtain a copy of these written procedures.
(c) Technical Assistance: If requested, Subrecipient shall provide technical assistance
to persons of low and moderate income in completing their applications under the
Project.
(d) Subrecipient shall maintain a citizen participation file that includes a copy of the
Subrecipient’s complaint procedures, documentation and evidence of
opportunities provided for citizen participation (e.g., public notices,
advertisements, flyers, etc.), documentation of citizen participation events (e.g.,
meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and
documentation of any technical assistance requested and/or provided.
8.26 SIGNAGE REQUIREMENTS
On any public building or facility funded under this Contract, Subrecipient shall place
permanent signage. Signs shall be placed in a prominent, visible public location.
Subrecipient shall format each sign to best fit the architectural design of the building or
facility but the sign should be legible from a distance of at least three (3) feet.
For other construction projects (e.g., water transmission lines, sewer collection lines,
drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall
place temporary signage erected in a prominent location at the construction project site or
along a major thoroughfare within the locality.
All signage required under this Section 8.25 shall contain the following:
“This project is funded by the Texas General Land Office of the State of Texas, to
provide for disaster recovery and restoration of infrastructure for communities impacted
by Hurricane Harvey. The funds have been allocated by the United States Department of
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GLO Contract No. 20-065-133-C445
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Housing and Urban Development through the Community Development Block Grant
Program.”
8.27 PROCUREMENT OF RECOVERED MATERIALS
(a) To the extent applicable, Subrecipient shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product
cannot be acquired:
(i) Competitively within a timeframe providing for compliance with the
Contract performance schedule;
(ii) In a way that meets Contract performance requirements; or
(iii) At a reasonable price.
(b) Additional information about the requirement in 2 CFR § 200.322 for the
maximum use of recovered/recycled materials, along with the list of EPA-
designated items, is available at EPA’s Comprehensive Procurement Guidelines
website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-
program.
8.28 EQUAL OPPORTUNITY CLAUSE
Provider hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of
the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal opportunity clause:
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
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(3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
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direction by the administering agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United States.”
Provider further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if Provider so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
Provider agrees that it will assist and cooperate actively with the GLO and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the GLO and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the
GLO in the discharge of the GLO's primary responsibility for securing compliance.
Provider further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts , as
defined in 41 C.F.R. § 60-1.3, and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the
equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, Provider agrees that if it fails or refuses to comply with
these undertakings, the GLO may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this Contract; refrain from extending any further
assistance to Provider under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from
Provider; and refer the case to the Department of Justice for appropriate legal
proceedings.
8.29 INFORMATION AND DATA SECURITY STANDARDS
Subrecipient shall comply with all terms specified in the GLO Information Security
Appendix for Subrecipients, incorporated herein for all purposes as Attachment G.
8.30 STATEMENTS OR ENTRIES
WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR
STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL
PENALTIES UNDER 18 U.S.C. § 287, 18 U.S.C. § 1001, AND 31 U.S.C. § 3729.
Except as otherwise provided under federal law, any person who knowingly and willfully
falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who
makes any materially false, fictitious, or fraudulent statement or representation or who
makes or uses any false writing or document despite knowing the writing or document to
contain any materially false, fictitious, or fraudulent statement or entry shall be
prosecuted under Title 18, United States Code, § 1001.
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Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the
undersigned Subrecipient representative hereby declares that he/she has examined
this Contract and Attachments, and, to the best of his/her knowledge and belief, any
statements, entries, or claims made by Subrecipient are true, accurate, and
complete.
SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
SIGNATURE PAGE FOR GLO CONTRACT NO. 20-065-133-C445
INFRASTRUCTURE SUBRECIPIENT CONTRACT AGREEMENT – HARVEY ROUND 1
GENERAL LAND OFFICE CITY OF CORPUS CHRISTI
Mark A. Havens, Chief Clerk/ By:
Deputy Land Commissioner Title: _________________________
Date of execution: _________________ Date of execution: _______________
OGC______________________
PM________________________
SDD______________________
DGC______________________
GC_______________________
ATTACHED TO THIS CONTRACT:
ATTACHMENT A Performance Statement, Budget, and Benchmarks for Infrastructure Projects
ATTACHMENT B Federal Assurances and Certifications
ATTACHMENT C General Affirmations
ATTACHMENT D Nonexclusive List of Applicable Laws, Rules, and Regulations
ATTACHMENT E Special Conditions
ATTACHMENT F Monthly Activity Status Report
ATTACHMENT G GLO Information Security Appendix for Subrecipients
ATTACHMENT H Public Law 113-2 Contract Reporting Template
ATTACHMENTS FOLLOW
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Keith Selman
6/16/2020
Assistant City Manager
6/17/2020
Attachment A
GLO Contract No. 20-065-133-C445
Page 1 of 2
CITY OF CORPUS CHRISTI
20-065-133-C445
PERFORMANCE STATEMENT
Hurricane Harvey overwhelmed the drainage system of the city of Corpus Christi (Subrecipient).
Heavy rainfall caused flooding of homes and streets. Undersized culverts throughout the city
prohibited stormwater from draining effectively. This inundated the drainage system and
threatened public health, safety, and welfare. Subrecipient will conduct drainage Infrastructure
improvements to facilitate proper stormwater conveyance and reduce the impact of future flooding.
Subrecipient shall perform the Activities identified herein for the target area specified in its
approved Texas Community Development Block Grant Disaster Recovery Supplemental Grant
Application to aid areas most impacted by Hurricane Harvey. The persons to benefit from the
Activities described herein must receive the prescribed service or benefit, and all eligibility
requirements must be met to fulfill contractual obligations.
The grant total is $7,234,755.00 Subrecipient will be required to maintain a detailed Budget
breakdown in the official system of record of the GLO’s Community Development and
Revitalization division (GLO-CDR).
Flood and Drainage Facilities
Subrecipient shall construct a regional detention pond through the excavation of existing soils,
create a control structure and a grade control structure and shall complete all associated
appurtenances. Construction shall take place at the location identified below.
Flood and
Drainage
Facilities
Location
Approximate Lat/Long
Proposed
HUD
Performance
Measures
Census
Tract
Block
Group
Airport
Tributary
Detention
Pond
La Volla Creek to South of
Holly Rd
27.7321, -97.4561
One (1) Public
Facility 6205.00 1,2,3,4
This Activity shall benefit three hundred nine thousand three hundred sixty-five (309,365)
persons. Of these persons, one hundred thirty thousand six hundred thirty (130,630), or forty-
two and two tenths percent (42.2%), are of low to moderate income. This Activity will meet
the Urgent Need National Objective.
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Attachment A
GLO Contract No. 20-065-133-C445
Page 2 of 2
BUDGET
HUD Activity Type Grant Award Other Funds Total
Rehabilitation/Reconstruction of Public
Improvements $7,234,755.00 $7,600,000.001 $14,834,755.00
TOTAL $7,234,755.00 $7,600,000.001 $14,834,755.00
1 CITY OF CORPUS CHRISTI GENERAL FUND TO BE USED TOWARD CONSTRUCTION IN THE AMOUNT
OF $3,482,841.00, ENGINEERING IN THE AMOUNT OF $1,225,109.00, ACQUISITION IN THE AMOUNT
OF $2,595,800.00, ENVIRONMENTAL IN THE AMOUNT OF $146,250.00, AND GRANT
ADMINISTRATION IN THE AMOUNT OF $150,000.00.
MILESTONES
Not-To-Exceed Draw Percentages
Milestones Construction
Funds
Engineering
Funds
Grant
Administration
Funds
Special
Environmental
Funds
Environmental
Funds
Acquisition
Funds
Project Kick-Off
Meeting and Start-up
Documentation
15%
Engineering
Contract Executed 30%
Environmental
Contract Executed 30%
100% Design
Approval 60%
Special
Environmental
Report Approval
100%
Authority to Use
Grant Funds 50% 100%
Acquisition Start 100%
Bid Advertisement 70% 60%
Construction Notice
to Proceed 85% 85% 85%
As-Built Plans/
COCC/FWCR 100% 100% 95%
Grant Completion
Report Approval 100%
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1. GLO Contract No. 20-065-133-C445
Page 1 of 5
Standard Form 424D (Rev. 7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No. 4040-0009
Expiration Date: 02/28/2022
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding
Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is
the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and
the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share of
project costs) to ensure proper planning, management and
completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of
the United States and, if appropriate, the State, the right to
examine all records, books, papers, or documents related
to the assistance; and will establish a proper accounting
system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms
of the real property title, or other interest in the site and
facilities without permission and instructions from the
awarding agency. Will record the Federal awarding agency
directives and will include a covenant in the title of real
property acquired in whole or in part with Federal
assistance funds to assure non-discrimination during the
useful life of the project.
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans
and specifications and will furnish progress reports and
such other information as may be required by the
assistance awarding agency or State.
6. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organiza tional conflict of
interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in Appendix A of
OPM’s Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. §§4801 et seq.) which prohibits the use of
lead-based paint in construction or rehabilitation of residence
structures.
10. Will comply with all Federal statutes relating to
non-discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. §§1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation Act of 1973, as amended (29
U.S.C.§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; (f)
the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L.
91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3
and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or
financing of housing; (i) any other non-discrimination
provisions in the specific statute(s) under which application
for Federal assistance is being made; and, (j) the
requirements of any other nondiscrimination statute(s) which
may apply to the application.
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time fo r reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including sug gestions for
reducing this burden, to the Office of Managemen t and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
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Page 2 of 5
11. Will comply, or has already complied, with the requirements
of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of
Federal and federally-assisted programs. These
requirements apply to all interests in real property acquired
for project purposes regardless of Federal participation in
purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C.
§§327-333) regarding labor standards for federally-assisted
construction subagreements.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers
system.
17. Will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16
U.S.C. §§469a-1 et seq.).
18. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular No. A-133, "Audits
of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
20. Will comply with the requirements of Section 106(g) of the
Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time that
the award is in effect (2) Procuring a commercial sex act
during the period of time that the award is in effect or (3)
Using forced labor in the performance of the award or
subawards under the award.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZATION
City of Corpus Christi
DATE SUBMITTED
THIS FORM MUST BE EXECUTED
SF-424D (Rev. 7-97) Back
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Assistant City Manager
6/16/2020
Attachment B
1. GLO Contract No. 20-065-133-C445
Page 3 of 5
CERTIFICATION REGARDING LOBBYING
COMPLIANT WITH APPENDIX A TO 24 C.F.R. PART 871
Certification for Contracts, Grants, Loans, and Cooperative Agreements:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to an y person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to
Report Lobbying,’’ in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance:
The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and
submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbyin g,’’ in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a ci vil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME
1. City of Corpus Christi 20-065-133-C445
_____________________________________________________________________________________________
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
_____________________________________________________________________________________________
SIGNATURE DATE
_____________________________________________________________________________________________
1 24 C.F.R. 87 App. A, available at https://www.gpo.gov/fdsys/granule/CFR-2011-title24-vol1/CFR-2011-title24-vol1-part87-
appA. Published Apr. 1, 2011. Accessed Aug. 1, 2018.
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Keith Selman Assistant City Manager
6/16/2020
Attachment B
1. GLO Contract No. 20-065-133-C445
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Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
OMB Number: 4040-0013
Expiration Date: 02/28/2022
1. *Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. *Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. *Report Type:
a. initial filing
b. material change
4. Name and Address of Reporting Entity:
Prime Subawardee
Name: ______________________________________________
Street 1:
Street 2:
City: _________________ State: Zip:
Congressional District, if known:
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by
title 31 U.S.C. section 1352. This disclosure of lobbying
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported
to the Congress semi-annually and will be available for public
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Federal Use Only
Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. sec tion
1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influen cing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both
the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and
zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included
prefixes, e.g., “RFP-DE-90-001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure
Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unles s it displays a
valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden
for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions , searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reduc ing this burden,
to the Office of Management and Budget, Paperwork Reduction Project (4040-0013), Washington, DC 20503.
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1. GLO Contract No. 20-065-133-C445
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General Affirmations
To the extent they apply, Subrecipient affirms and agrees to the following, without exception:
1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas
Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution
represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or
institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of
1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or
(2) communicated directly or indirectly the contents of this Contract or any solicitation
response upon which this Contract is based to any competitor or any other person engaged in
the same line of business as Subrecipient.
2. If the Contract is for services, Subrecipient shall comply with Section 2155.4441 of the
Texas Government Code, requiring the purchase of products and materials produced in the
State of Texas in performing service contracts.
3. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies
that the individual or business entity named in this Contract, bid or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that this
Contract may be terminated and payment may be withheld if this certification is inaccurate.
4. A bid or an application for a contract, grant, or loan paid from state funds must include the
name and social security number of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application. Subrecipient certifies it has submitted this information to
the GLO.
5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas
Health and Safety Code Section 361.952(2), Subrecipient certifies that it is in compliance
with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the
Computer Equipment Recycling Program and the Texas Commission on Environmental
Quality rules in Title 30 Texas Administrative Code Chapter 328.
6. Pursuant to Section 2155.003 of the Texas Government Code, Subrecipient represents and
warrants that it has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant in connection with the Contract.
7. Payments due under the Contract shall be directly applied towards eliminating any debt or
delinquency Subrecipient owes to the State of Texas including, but not limited to, delinquent
taxes, delinquent student loan payments, and delinquent child support.
8. Upon request of the GLO, Subrecipient shall provide copies of its most recent business
continuity and disaster recovery plans.
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9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254,
Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating
to consulting services, Subrecipient certifies that it does not employ an individual who has
been employed by The GLO or another agency at any time during the two years preceding
the Subrecipient’s submission of its offer to provide consulting services to the GLO or, in the
alternative, Subrecipient, in its offer to provide consulting services to the GLO, disclosed the
following: (i) the nature of the previous employment with the GLO or other state agency; (ii)
the date the employment was terminated; and (iii) the annual rate of compensation for the
employment at the time of its termination.
10. If the Contract is not for architecture, engineering, or construction services, except as
otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute
resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to
resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
11. If the Contract is for architecture, engineering, or construction services, subject to Texas
Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter
114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use
the dispute resolution process provided for in Chapter 2260 of the Texas Government Code
to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by
statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code,
Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and
Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute
resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION
SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012
and any other statute or applicable law, if the Subrecipient’s claim for breach of contract
cannot be resolved by the parties in the ordinary course of business, Subrecipient may
make a claim against the GLO for breach of contract and the GLO may assert a
counterclaim against the Subrecipient as is contemplated by Texas Government Code,
Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to
the GLO of a claim for breach of the Contract not later than the 180th day after the date
of the event giving rise to the claim. The notice must state with particularity: (1) the
nature of the alleged breach; (2) the amount the Subrecipient seeks as damages; and (3)
the legal theory of recovery.
b. The chief administrative officer, or if designated in the Contract, another officer of the
GLO, shall examine the claim and any counterclaim and negotiate with the Subrecipient
in an effort to resolve them. The negotiation must begin no later than the 120th day after
the date the claim is received, as is contemplated by Texas Government Code, Chapter
2260, Section 2260.052.
c. If the negotiation under paragraph (b) above results in the resolution of some disputed
issues by agreement or in a settlement, the parties shall reduce the agreement or
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settlement to writing and each party shall sign the agreement or settlement. A partial
settlement or resolution of a claim does not waive a party’s rights under this Contract as
to the parts of the claim that are not resolved.
d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day
after the date the claim is filed with the GLO, unless the parties agree in writing to an
extension of time, the parties may agree to mediate a claim made under this dispute
resolution procedure. This dispute resolution procedure is the Subrecipient’s sole and
exclusive process for seeking a remedy for an alleged breach of contract by the GLO if
the parties are unable to resolve their disputes as described in this section.
e. Nothing in the Contract shall be construed as a waiver of the state’s or the GLO’s
sovereign immunity. This Contract shall not constitute or be construed as a waiver of any
of the privileges, rights, defenses, remedies, or immunities available to the State of Texas.
The failure to enforce, or any delay in the enforcement, of any privileges, rights,
defenses, remedies, or immunities available to the State of Texas under this Contract or
under applicable law shall not constitute a waiver of such privileges, rights, defenses,
remedies or immunities or be considered as a basis for estoppel. The GLO does not waive
any privileges, rights, defenses, or immunities available to it by entering into this
Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or
subsequent to entering into this Contract.
f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute
resolution process provided for in Texas Government Code, Chapter 2260, subchapter B
and incorporated by reference in subsection (a)-(d) above is a condition precedent to the
Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies
Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260
of the Texas Government Code.
12. If Texas Government Code Chapter 2270 prohibiting state contracts with companies
boycotting Israel applies to Subrecipient and this Contract, then Subrecipient verifies it does
not boycott Israel and will not boycott Israel during the term of this Contract.
13. This Contract is contingent upon the continued availability of lawful appropriations by the
Texas Legislature. Subrecipient understands that all obligations of the GLO under this
Contract are subject to the availability of state funds. If such funds are not appropriated or
become unavailable, the GLO may terminate the Contract. The Contract shall not be
construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of
the Texas Constitution.
14. Subrecipient certifies that it is not listed on the federal government's terrorism watch list as
described in Executive Order 13224.
15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting
with the executive head of a state agency, Subrecipient certifies that it is not (1) the executive
head of the GLO, (2) a person who at any time during the four years before the effective date
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of the Contract was the executive head of the GLO, or (3) a person who employs a current or
former executive head of the GLO.
16. Subrecipient represents and warrants that all statements and information prepared and
submitted in connection with this Contract are current, complete, true, and accurate.
Submitting a false statement or making a material misrepresentation during the performance
of this Contract is a material breach of contract and may void the Contract or be grounds for
its termination.
17. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that
neither Subrecipient nor any person or entity represented by Subrecipient has received
compensation from the GLO to participate in the preparation of the specifications or
solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas
Government Code, Subrecipient certifies that the individual or business entity named in this
Contract is not ineligible to receive the specified contract and acknowledges that the Contract
may be terminated and payment withheld if this certification is inaccurate. This Section does
not prohibit Subrecipient from providing free technical assistance.
18. Subrecipient represents and warrants that it is not engaged in business with Iran, Sudan, or a
foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government
Code.
19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of
contracts listed in that section, Subrecipient represents and warrants that none of its
employees including, but not limited to, those authorized to provide services under the
contract, were employees of the GLO during the twelve (12) month period immediately prior
to the date of execution of the contract. Solely for professional services contracts as
described by Chapter 2254 of the Texas Government Code, Subrecipient further represents
and warrants that if a former employee of the GLO was employed by Subrecipient within one
year of the employee’s leaving the GLO, then such employee will not perform services on
projects with Subrecipient that the employee worked on while employed by the GLO.
20. The Contract shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions. The venue of any suit arising under
the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless
the specific venue is otherwise identified in a statute which directly names or otherwise
identifies its applicability to the GLO.
21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,
AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,
DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND
EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS
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OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED
UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN
TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO
THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS
THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR
DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR
SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND
EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING
FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL
MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR
OTHERWISE RELATED TO SUBRECIPIENT’S PERFORMANCE, AND/OR FAILURES
TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS
AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,
CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY
OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.
SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
23. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM
AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET
OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE
PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH
OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT
PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT,
CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR
(3) THE GLO’S AND/OR SUBRECIPIENT’S USE OF OR ACQUISITION OF ANY
REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY
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SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT
OF SUBRECIPIENT’S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT
AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF
ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF
DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN
ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF
TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS,
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS,
ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT
EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE
GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE
GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND
SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO’S COUNSEL.
24. Subrecipient has disclosed in writing to the GLO all existing or potential conflicts of interest
relative to the performance of the Contract.
25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from
accepting a solicitation response or awarding a contract that includes proposed financial
participation by a person who, in the past five years, has been convicted of violating a federal
law or assessed a penalty in connection with a contract involving relief for Hurricane Rita,
Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas
Government Code, occurring after September 24, 2005. Under Sections 2155.006 and
2261.053 of the Texas Government Code, Subrecipient certifies that the individual or
business entity named in this Contract is not ineligible to receive the specified contract and
acknowledges that this Contract may be terminated and payment withheld if this certification
is inaccurate.
26. Subrecipient understands that the GLO will comply with the Texas Public Information Act
(Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions
of the Attorney General of the State of Texas. Information, documentation, and other
material related to this Contract may be subject to public disclosure pursuant to the Texas
Public Information Act. In accordance with Section 2252.907 of the Texas Government
Code, Subrecipient shall make any information created or exchanged with the State/GLO
pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible by the public at no additional charge
to the State or the GLO.
27. The person executing this Contract certifies that he/she is duly authorized to execute this
Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to
contractually bind Subrecipient to the terms and conditions of the Contract and related
documents.
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28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of
the Texas Government Code, which incorporates by reference Section 271.904(d) of the
Texas Local Government Code, Subrecipient shall perform services (1) with professional
skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license, and (2) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
29. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the Contract or indirectly through a subcontract under the Contract. The
acceptance of funds directly under the Contract or indirectly through a subcontract under the
Contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds. Under the direction of the legislative audit committee, an entity that is the subject of
an audit or investigation by the state auditor must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit. Subrecipient
shall ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through the Contract and the requirement to cooperate is included in any
subcontract it awards. The GLO may unilaterally amend the Contract to comply with any
rules and procedures of the state auditor in the implementation and enforcement of Section
2262.154 of the Texas Government Code.
30. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for
debarment, declared ineligible, or otherwise excluded from participation in the Contract by
any state or federal agency.
31. Subrecipient expressly acknowledges that state funds may not be expended in connection
with the purchase of an automated information system unless that system meets certain
statutory requirements relating to accessibility by persons with visual impairments.
Accordingly, Subrecipient represents and warrants to the GLO that any technology provided
to the GLO for purchase pursuant to this Contract is capable, either by virtue of features
included within the technology or because it is readily adaptable by use with other
technology, of: providing equivalent access for effective use by both visual and non-visual
means; presenting information, including prompts used for interactive communications, in
formats intended for non-visual use; and being integrated into networks for obtaining,
retrieving, and disseminating information used by individuals who are not blind or visually
impaired. For purposes of this Section, the phrase “equivalent access” means a substantially
similar ability to communicate with or make use of the technology, either directly by features
incorporated within the technology or by other reasonable means such as assistive devices or
services which would constitute reasonable accommodations under the Americans With
Disabilities Act or similar state or federal laws. Examples of methods by which equivalent
access may be provided include, but are not limited to, keyboard alternatives to mouse
commands and other means of navigating graphical displays, and customizable display
appearance.
32. If the Contract is for the purchase or lease of covered television equipment, as defined by
Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its
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compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to
the Television Equipment Recycling Program.
33. Pursuant to Section 572.069 of the Texas Government Code, Subrecipient certifies it has not
employed and will not employ a former state officer or employee who participated in a
procurement or contract negotiations for the GLO involving Subrecipient within two (2)
years after the date that the contract is signed or the procurement is terminated or withdrawn.
This certification only applies to former state officers or employees whose state service or
employment ceased on or after September 1, 2015.
34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and
ethical organizational behavior by assigning responsibilities and providing guidelines to
enforce controls. Any violations of law, agency policies, or standards of ethical conduct will
be investigated, and appropriate actions will be taken. Subrecipient shall report any possible
fraud, waste, or abuse that occurs in connection with the Contract to the GLO’s Fraud
Reporting hotline at (877) 888-0002.
35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
contract and Subrecipient agrees that the Contract can be terminated if Subrecipient
knowingly or intentionally fails to comply with a requirement of that subchapter.
36. If Subrecipient, in its performance of the Contract, has access to a state computer system or
database, Subrecipient must complete a cybersecurity training program certified under Texas
Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete
the cybersecurity training program during the initial term of the Contract and during any
renewal period. Subrecipient must verify in writing to the GLO its completion of the
cybersecurity training program.
37. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity
named in this contract is not ineligible to receive the specified contract and acknowledges
that this contract may be terminated and payment withheld if this certification is inaccurate.
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NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS
If applicable to the Project, Provider must be in compliance with the following laws,
rules, and regulations; and any other state, federal, or local laws, rules, and regulations as
may become applicable throughout the term of the Contract, and Provider acknowledges
that this list may not include all such applicable laws, rules, and regulations.
Provider is deemed to have read and understands the requirements of each of the
following, if applicable to the Project under this Contract:
GENERALLY
The Acts and Regulations specified in this Contract;
Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster
Relief Requirements Act, 2017 (Public Law 115-56);
The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.);
The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) (2016)
and related provisions governing Public Housing Authority project-based assistance, and
implementing regulations at 24 C.F.R. Part 983 (2016);
Cash Management Improvement Act regulations (31 C.F.R. Part 205);
Community Development Block Grants (24 C.F.R. Part 570);
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 C.F.R. Part 200);
Disaster Recovery Implementation Manual; and
State of Texas Plan for Disaster Recovery: Hurricane Harvey – Round 1, dated April 6,
2018, as amended.
CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part l,
"Nondiscrimination in Federally Assisted Programs of the Department of Housing and
Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964";
Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment
Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.);
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. §
3601, et seq.), as amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063";
The failure or refusal of Provider to comply with the requirements of Executive Order
11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794.) and "Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of
Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Provider
understands and agrees that the activities funded shall be performed in accordance with
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24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.),
including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
LABOR STANDARDS
The Davis-Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re-codified
at 40 U.S.C. §§ 3141-3148); 29 C.F.R. Part 5;
The Copeland "Anti-Kickback" Act (originally, 18 U.S.C. § 874 and re-codified at 40
U.S.C. § 3145): 29 C.F.R. Part 3;
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally,
40 U.S.C. §§ 327A and 330 and re-codified at 40 U.S.C. §§ 3701-3708);
Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction
Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part
5); and
Federal Executive Order 11246, as amended.
EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24
C.F.R. §§ 135.3(a)(2) and (a)(3);
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (38 U.S.C. § 4212);
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and
Federal Executive Order 11246, as amended.
GRANT AND AUDIT STANDARDS
Single Audit Act Amendments of 1996, 31 U.S.C. § 7501;
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 C.F.R. Part 200);
Uniform Grant and Contract Management Act (Texas Government Code Chapter 783)
and the Uniform Grant Management Standards, issued by Governor’s Office of Budget
and Planning; and
Title 1 Texas Administrative Code § 5.167(c).
LEAD-BASED PAINT
Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831(b)).
HISTORIC PROPERTIES
The National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470, et seq.),
particularly sections 106 and 110 (16 U.S.C. §§ 470 and 470h-2), except as provided in
§58.17 for Section 17 projects;
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921), 3 C.F.R., 1971-1975 Comp., p. 559, particularly section 2(c);
Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to
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HUD programs; and
The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic
Preservation Act of 1974 (16 U.S.C. § 469, et seq.), particularly section 3 (16 U.S.C. §
469a-1).
ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58, as amended);
National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347); and
Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts
1500-1508).
FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION
Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 C.F.R.,
1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly
Section 2(a) of the Order (For an explanation of the relationship between the decision-
making process in 24 C.F.R. Part 55 and this part, see § 55.10.); and
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R.,
1977 Comp., p. 121 particularly Sections 2 and 5.
COASTAL ZONE MANAGEMENT
The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended,
particularly sections 307(c) and (d) (16 U.S.C. § 1456(c) and (d)).
SOLE SOURCE AQUIFERS
The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f), et seq., and 21 U.S.C. §
349) as amended; particularly section 1424(e)(42 U.S.C. § 300h-3(e)); and
Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.).
ENDANGERED SPECIES
The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly
section 7 (16 U.S.C. § 1536).
WILD AND SCENIC RIVERS
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended,
particularly sections 7(b) and (c) (16 U.S.C. § 1278(b) and (c)).
AIR QUALITY
The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c)
and (d) (42 U.S.C. §7506(c) and (d)).
Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93).
FARMLAND PROTECTION
Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.) particularly sections
1540(b) and 1541 (7 U.S.C. §§ 4201(b) and 4202); and
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Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658).
HUD ENVIRONMENTAL STANDARDS
Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R.
Part 51)(other than the runway clear zone and clear zone notification requirement in 24
C.F.R. § 51.303(a)(3); and
HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals
and Radioactive Materials, September 10, 1979.
ENVIRONMENTAL JUSTICE
Executive Order 12898 of February 11, 1994—Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, (59 FR
7629), 3 C.F.R., 1994 Comp. p. 859.
SUSPENSION AND DEBARMENT
Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. §
570.609);
General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and
Nonprocurement Suspension and Debarment (2 C.F.R. Part 2424).
OTHER REQUIREMENTS
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58).
ACQUISITION / RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. § 4601, et seq.), 24 C.F.R. Part 42, and 24 C.F.R. § 570.606.
FAITH-BASED ACTIVITIES
Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith-
Based and Community Organizations, (67 FR 77141).
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SPECIAL CONDITIONS
If applicable to a Project or Activity, Subrecipient must be in compliance with the following Special
Conditions and any other State, Federal, or local laws, rules, and regulations as may be applicable,
throughout the term of the Contract, prior to the release of any grant funds for the Projects or Activities
anticipated.
Subrecipient is deemed to have read and to understand the requirements of each of the following, if
applicable to the Project or any Activity under this Contract:
A. REIMBURSEMENT, GENERALLY
As provided for in Public Law 115-56, the Contract funds may not be used for activities that are
eligible to be reimbursed by, or for which funds are made available by, (a) the Federal Emergency
Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal
funding source; or (d) covered by insurance, and Subrecipient shall ensure compliance with all
such requirements.
B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE
(1) Subrecipient must provide documentation which indicates they have received approval from
the Texas Water Development Board (TWDB), the National Flood Insurance Program
(NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for
Subrecipient to be eligible to participate in the NFIP have been adopted.
(2) Where Activities specified in a Performance Statement, involve structures that are located in
Special Flood Hazard Areas (SFHA), flood insurance may be required, and Subrecipient shall
obtain such insurance, and shall maintain documentation evidencing compliance with such
requirements.
(3) Subrecipient acknowledges and agrees that if any property that is the subject of an Activity
under this Contract located within a floodplain, that the following te rms and conditions shall
apply:
a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-
4128), Federal financial assistance for acquisition and construction purposes
(including rehabilitation) may not be used in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, unless:
i. The community in which the area is situated is participating in the
National Flood Insurance Program ("NFIP") (44 CFR parts 59 through
79), or less than one (1) year has passed since the FEMA notification
regarding such hazards; and
ii. The community is participating in the NFIP, or that flood insurance
protection is to be obtained as a condition of the approval of financial
assistance to the property owner.
b. Where the community is participating in the NFIP and the recipient provides
financial assistance for acquisition or construction purposes (including rehabilitation)
for property located in an area identified by FEMA as having special flood hazards,
Subrecipient is responsible for ensuring that flood insurance under the NFIP is
obtained and maintained.
c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C.
515a, HUD disaster assistance that is made available in a special flood hazard area
may not be used to make a payment (including any loan assistance payment) to a
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person for repair, replacement, or restoration for flood damage to any personal,
residential, or commercial property if:
i. The person had previously received Federal flood disaster assistance
conditioned on obtaining and maintaining flood insurance; and
ii. The person failed to obtain and maintain flood insurance.
d. Subrecipient understands and agrees that it has a responsibility to inform
homeowners receiving disaster assistance that triggers the flood insurance purchase
requirement of their statutory responsibility to notify any transferee of the
requirement to obtain and maintain flood insurance, and that the transferring owner
may be liable if he or she fails to do so.
C. PROJECT MAPPING/DESIGN INFORMATION
For construction projects, Subrecipient shall require and maintain copies, in written and/or digital
format, of final Project record drawing(s) and engineering schematics, as constructed.
D. WATER SYSTEM IMPROVEMENTS
(1) Prior to the GLO's release of funds for the construction of any water system improvements,
Subrecipient shall provide certification to the GLO that plans, specifications, and related
documents for the specified water system improvements have been prepared by the engineer
selected for such activities, or the engineer's duly authorized representative, and that the
review of such plans, specifications, and related documents meet the applicable Texas
Commission on Environmental Quality (TCEQ) review requirements described in Title 30 of
the Texas Administrative Code.
(2) Prior to construction, Subrecipient shall provide documentation to the GLO that an approved
new or amended Certificate of Convenience and Necessity (CCN), or the equivalent permit or
authority for the area to be served, has been issued by the TCEQ.
(3) Prior to Subrecipient submission of the Project Completion Report for any water system
improvements described in Attachment A, Subrecipient shall provide a letter from the TCEQ
that the constructed well is approved for interim use and may be temporarily placed into
service pursuant to 30 Texas Administrative Code, Chapter 290—Rules and Regulations for
Public Water Systems.
E. SEWER SYSTEM IMPROVEMENTS
Prior to the construction of any sewer system improvements described, Subrecipient shall provide
certification that plans, specifications, and related documents for the specified sewer system
improvements have been prepared by the engineer selected for such activities, or the engineer's
duly authorized representative, and that the review of such plans, specifications, and related
documents meet the Texas Commission on Environmental Quality (TCEQ) review requirements
described in 30 Texas Administrative Code, Chapter 217, Subchapter D.
Further, prior to the construction of any sewer lines or additional service connections described in
Attachment A, Subrecipient shall provide notification of the start of construction on any sewer
treatment plant of other system-related improvements included in this Contract.
F. WASTEWATER TREATMENT CONSTRUCTION
Prior to incurring costs for any wastewater treatment construction in Attachment A, Subrecipient
shall provide documentation of an approved permit or amendment(s) to an existing permit for
such activities from the TCEQ's Water Quality Division.
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In addition, Subrecipient shall provide documentation to the GLO that an approved new or
amended Certificate of Convenience and Necessity (CCN), or equivalent permit or authority for
the area to be served has been issued by the TCEQ.
G. SEPTIC SYSTEM IMPROVEMENTS
(1) Subrecipient shall provide documentation that final plans, specifications, and installation of
its septic system improvements have been reviewed and approved by the City or County
Health Department through authority granted by the TCEQ.
(2) Subrecipient shall mitigate all existing septic systems in accordance with 30 Texas
Administrative Code Chapter 285, Subchapter D, §285.36(b), which states, "All tanks,
boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater
removed by a waste transporter, holding a current registration with the executive director. All
tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to
ground level with fill material (less than three inches in diameter), which is free of organic
and construction debris."
(3) Prior to the selection of program recipients for proposed On-Site Sewer Facilities (OSSF),
Subrecipient shall provide a copy of its proposed program guidelines to for GLO review. All
proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas
Administrative Code Chapter 285 Subchapter D.
H. BUILDING CONSTRUCTION
Subrecipient shall provide documentation that the construction of a new building and facilities are
in compliance with the Texas Accessibility Standards (TAS) of the Architectural Barriers Act,
Chapter 469, Texas Government Code, and the Texas Department of Licensing and Regulation
(TDLR) Architectural Barriers Administrative Rules, 16 Texas Administrative Code, Part 4,
Chapter 68. If estimated construction costs exceed Fifty Thousand Dollars ($50,000.00),
Construction Documents must be submitted to the Texas Department of Licensing and Regulation
(TDLR) for an accessibility plan review.
I. BRIDGE CONSTRUCTION/REHABILITATION
Subrecipient shall use the minimum design requirements of the Texas Department of
Transportation (TxDOT) for bridge construction/rehabilitation. Final plans and specifications
must be submitted to TxDOT for review and approval prior to the start of construction, and
documentation of such approval must be provided to the GLO.
J. DISASTER SHELTERS
Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment A, is
to serve as a disaster shelter, and shall ensure the facility is operated at all times in a manner that
ensures that the priority use is to serve as a disaster shelter regardless of any other scheduled uses
or commitments that existed at the time of the disaster or emergency situation. In addition
Subrecipient shall prepare or be incorporated into an approved emergency management plan, as
prescribed by the Texas Division of Emergency Management, identifying the shelter as a facility
that provides short-term lodging for evacuees during and immediately after an emergency
situation. Subrecipient shall submit a copy of Subrecipient's Emergency Management Plan Annex
for Shelter and Mass Care to the GLO.
K. DEBRIS REMOVAL
Subrecipient shall ensure that any debris to be removed consists primarily of vegetation,
construction and demolition materials from damaged or destroyed structures, and personal
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property. Only debris identified as the responsibility of the local jurisdiction will be eligible for
the reimbursement of cost of removal.
Prior to beginning debris collection operations, Subrecipient shall address all pertinent
environmental concerns, adhere to all applicable regulations, and obtain all required permits.
Further, Subrecipient shall adhere to the methods described herein for the collection and storage
of debris prior to proper disposal.
While construction and demolition debris may be collected and disposed of at an appropriately
rated landfill, woody and/or vegetative debris must be stored prior to disposal by use of
temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and operate the
TDSR sites, or local jurisdictions choosing to conduct their own debris operations may review
Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR sites. This
document may be obtained at https://www.fema.gov/pdf/government/grant/pa/demagde.pdf.
In order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or
vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any
project disposing of woody and/or vegetative debris must be approved in writing by the GLO.
L. USE OF BONDS
Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the project
funded under this Contract.
M. PROGRAM GUIDELINES
Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for GLO
review and approval, a copy of its proposed guidelines for the program. The guidelines must meet
or exceed to requirements in the Federal Registers. The guidelines must include provisions for
compliance with the Federal Fire Prevention and Control Act of 1974 (which requires that any
housing unit rehabilitated with grant funds be protected by a hard-wired or battery-operated
smoke detector) and provisions for compliance with 24 CFR 35 (HUD lead-based paint
regulation).
N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION,
RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE:
For single-family non-rental housing assistance provided by Subrecipient, Subrecipient shall
implement the following affordability period: for rehabilitation or reconstruction of housing
projects, a minimum three-year affordability period guaranteed by an unsecured forgivable
promissory note and for new construction housing projects, a minimum five-year affordability
period guaranteed by an unsecured forgivable promissory note.
O. UNSECURED FORGIVABLE PROMISSORY NOTE (“NOTE”)
An unsecured forgivable promissory note shall be issued at an interest rate of zero-percent (0%).
Provided that all terms and conditions contained in the Note continue to be fulfilled, a Note will
be forgiven according to the following terms, as applicable, until the applicant fulfills their note
requirement (the requirements are defined in the promissory note document ): for a three-year
Subrecipient may establish a longer affordability period at its own discretion.
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Note, at a rate of 33 percent per year, for the first two years, and 34 percent after the third year;
and for a five-year Note, at a rate of 20% per year.
(1) If the homeowner occupies the home for the full Note term, the Note expires and no
repayment is required, nor will any conditions be imposed relative to the disposition of the
property. If any of the terms and conditions under which the assistance was provided are
breached or if the property is sold, leased, transferred or vacated by the homeowner for any
consecutive thirty (30) day period during the Note term, the repayment provisions of the
promissory note and DOT shall be enforced.
(2) If, during the Note term, the homeowner vacates the unit for any consecutive thirty (30) day
period, the locality may forgive, as evidenced by the program director, city council, or
commissioner court action, the remaining loan balance. Prior to forgiveness of all or any
portion of the assistance provided, the request for forgiveness must be approved by the local
governing body and be based on documented and justifiable conditions or circumstances that
would result in an unnecessary hardship to the homeowner and the determination that the
national objective of benefiting low to moderate-income persons was met.
(3) The national objective will be considered met only when the program director, city council,
or county commissioners court determines that a low- to moderate-income person has
occupied the rehabilitated or reconstructed home for a time sufficient to meet the national
objective. If the national objective was not achieved, Subrecipient is liable for repayment of
an amount equal to the difference in the appraised value of the home prior to reconstruction
and the sales price when the home is sold during the term of the forgivable Note.
(4) If the property is sold or transferred to a person other than an eligible LMI person, the
remaining pro-rated balance of the DPL must be repaid by the Subrecipient from the sales
proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance
remaining over and above the sales proceeds. In all instances, upon completion of the Note or
repayment of the assistance (in full or in part), the Subrecipient shall prepare and record a
release of lien document in the land records of the applicable county.
(5) Monitoring of the Note is performed during and after the grant is closed. Subrecipient must
utilize non-CDBG-DR funds to fulfill the monitoring obligations for its impacted recovered
community.
(6) The subrecipient will maintain a list of homeowners that do not maintain flood insurance as
documented in their promissory note. These applicants will not be allowed to received future
assistance as outlined in Section B of this document.
P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW
CONSTRUCTION ASSISTANCE
The rental housing assistance will provided be provided in the following forms: for rehabilitation
or reconstruction of multi-family rental projects with eight or more units, a minimum fifteen (15)
year forgivable loan or grant at zero interest; and for new construction multi-family rental
projects with five or more units, a minimum twenty (20) year forgivable loan or grant at zero
interest. Provided all terms and conditions under which the assistance was provided continue to
be fulfilled, the note will be forgiven at a rate of 5 percent per year until the applicant fulfills their
note requirement (the requirements are defined in the promissory note document).
The purpose of the program is to facilitate the rehabilitation, reconstruction, and/or new
construction of affordable rental housing needs within the service area of the disaster event. A
minimum of 51% of the multi-family units must be restricted during the affordability period of
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twenty (20) years for low to moderate income (LMI) persons. The rents, at a minimum, must
comply with High HOME Investment Partnership (HOME) Rents and other existing Land Use
Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are defined by
HUD and must equal the lesser of fair market rents or 30% of the adjusted income for people
earning 65% of the AMFI.
Q. COASTAL MANAGEMENT
Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural
Resource Area must be consistent with the goals and policies of the Texas Coastal Management
Program as described in 31 Texas Administrative Code, Part 16, Chapter 501.
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GLO Community Development and Revitalization
Subrecipient Monthly Activity Status Report
Subrecipient must provide Monthly Activity Status Reporting at the site level for all sites identified in the Performance Sta tement and Budget (Attachment A) and relevant to the milestones
therein. The Report is due the first day of each month for the duration of the Contract. Submit the report via email to: DR.Status.Reporting@recovery.texas.gov.
Subrecipient:
Contract #:
Preparer Name:
Contact Information:
Reporting Month/ Year:
Activity Name:
Site Current Milestone Status Notes/Important Dates
Anticipated
Completion Date Program Income
1
2
3
4
5
6
7
8
9
10
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Overall Grant Status Summary
Provide any notes or information relevant to the overall contract. Examples: upcoming Amendment request status, Budget concer ns expiration concerns, etc.
Site-Level Budget Status
Site Total Budget Total Expended Balance % Expended
1 0.00 #DIV/0!
2 0.00 #DIV/0!
3 0.00 #DIV/0!
4 0.00 #DIV/0!
5 0.00 #DIV/0!
6 0.00 #DIV/0!
7 0.00 #DIV/0!
8 0.00 #DIV/0!
9 0.00 #DIV/0!
10 0.00 #DIV/0!
Totals: 0.00 0.00 0.00 #DIV/0!
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GLO Information Security Appendix for Subrecipients
1. Definitions
“Breach of Security” or “Breach” means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of sensitive personal information
including data that is encrypted if the person accessing the data has the key required to
decrypt the data.
“GLO Data” means any data or information, which includes PII and/or SPI as defined below,
collected, maintained, and created by the GLO, for the purpose of providing disaster
assistance to individuals, that Provider obtains, accesses (via records, systems, or otherwise),
receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract
or any documents related thereto. GLO data does not include other information that is
lawfully made available to the Provider through other sources.
“Personal Identifying Information” or “PII” means information that alone, or in conjunction
with other information, identifies, links, relates, or is unique to, or describes an individual, as
defined at Tex. Bus. & Com. Code § 521.002(a)(1).
“Sensitive Personal Information” or “SPI” includes information that is not available
elsewhere or may harm an individual by being made available as categorized in Tex. Bus. &
Com. Code § 521.002(a)(2). SPI does not include publicly available information that is
lawfully made available to the public from the federal government or a state or local
government.
All defined terms found in the Contract shall have the same force and effect, regardless of
capitalization.
2. Security and Privacy Compliance
2.1. Provider shall keep all GLO Data received under the Contract and any documents
related thereto strictly confidential.
2.2. Provider shall comply with all applicable federal and state privacy and data protection
laws, as well as all other applicable regulations and directives.
2.3. Provider shall implement administrative, physical, and technical safeguards to protect
GLO Data that are no less rigorous than accepted industry practices including, without
limitation, the guidelines in the National Institute of Standards and Technology
(“NIST”) Cybersecurity Framework Version 1.1. All such safeguards shall comply with
applicable data protection and privacy laws.
2.4. Provider will legally bind any Subcontractors to the same requirements stated herein
and obligations stipulated in the Contract and documents related thereto. Provider shall
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Attachment G
1. GLO Contract No. 20-065-133-C445
Page 2 of 3
ensure that the requirements stated herein are imposed on any Subcontractor of
Provider’s Subcontractor(s).
2.5. Provider will not share PII or SPI Data with any third parties, except as necessary for
Subrecipient’s performance under the Contract
2.6. Provider will ensure that initial privacy and security training, and annual training
thereafter, is completed by its employees or Subcontractors that have access to GLO
Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose,
or otherwise personally handle PII and/or SPI on behalf of the agency. Provider agrees
to maintain and, upon request, provide documentation of training completion.
2.7. Any GLO Data maintained or stored by Provider or any Subcontractor must be stored
on servers or other hardware located within the physical borders of the United States
and shall not be accessed outside of the United States.
3. Data Ownership and Return of Data
3.1. The GLO shall retain full ownership of all GLO data, which includes PII and/or SPI,
disclosed to Provider or to which the Provider otherwise gains access by operation of
the Contract or any agreement related thereto.
3.2. If, at any time during the term of the Contract or upon termination of the Contract,
whichever occurs first, any part of the GLO data, in any form, provided to Provider
ceases to be necessary for Provider’s performance under the Contract, Provider shall
within fourteen (14) days thereafter securely return such GLO data to the GLO, or, at
the GLO’s written request, destroy, uninstall, and/or remove all copies of data in
Provider’s possession or control and certify to the GLO that such tasks have been
completed. If such return is infeasible, as mutually determined by the GLO and
Provider, the obligations set forth in this Attachment, with respect to GLO Data, shall
survive termination of the Contract and Provider shall limit any further use and
disclosure of GLO Data.
4. Data Mining
4.1. Provider agrees not to use GLO Data for unrelated commercial purposes, advertising or
advertising-related services, or for any other purpose not explicitly authorized by the
GLO in this Contract or any document related thereto.
4.2. Provider agrees to take all reasonably feasible physical, technical, administrative, and
procedural measures to ensure that no unauthorized use of GLO Data occurs.
5. Breach of Security
5.1. Provider agrees to provide the GLO with the name and contact information for an
employee of the Provider which shall serve as the GLO’s primary security contact.
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Attachment G
1. GLO Contract No. 20-065-133-C445
Page 3 of 3
5.2. Upon discovery of a Breach of Security or suspected Breach of Security by the
Provider, the Provider agrees to notify the GLO as soon as possible upon discovery of
the Breach of Security or suspected Breach of Security, but in no event shall
notification occur later than 24 hours after discovery. Within 72 hours, the Provider
agrees to provide, at minimum, a written preliminary report regarding the Breach or
suspected Breach to the GLO with root cause analysis including a log detailing the data
affected.
5.3. The initial notification and preliminary report shall be submitted to the GLO
Information Security Officer at informationsecurity@glo.texas.gov.
5.4. Provider agrees to take all reasonable steps to immediately remedy a Breach of Security
and prevent any further Breach of Security.
5.5. Provider agrees that it shall not inform any third party of any Breach of Security or
suspected Breach of Security without obtaining GLO’s prior written consent.
5.6. If the Breach of Security includes SPI, including Social Security Numbers, payment
card information, or health information, the Provider agrees to provide af fected
individuals complimentary access for one (1) year of credit monitoring services.
6. Right to Audit
6.1. Upon the GLO’s request and to confirm Provider’s compliance with this Attachment,
Provider grants the GLO, or a GLO-contracted vendor, permission to perform an
assessment, audit, examination, investigation, or review of all controls in the
Provider’s, or Provider’s Subcontractor’s, physical and/or technical environment in
relation to GLO Data. Provider agrees to fully cooperate with such assessment by
providing access to knowledgeable personnel, physical premises, documentation,
infrastructure, and application software that stores, processes, or transports GLO Data.
In lieu of a GLO-conducted assessment, audit, examination, investigation, or review,
Provider may supply, upon GLO approval, the following reports: SSAE16, ISO/ICE
27001 Certification, FedRAMP Certification, and PCI Compliance Report. Provider
shall ensure that this clause concerning the GLO’s authority to assess, audit, examine,
investigate, or review is included in any subcontract it awards.
6.2. At the GLO’s request, Provider agrees to promptly and accurately complete a written
information security questionnaire provided by the GLO regarding Provider’s business
practices and information technology environment in relation to GLO Data.
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Attachment H
1. GLO Contract No. 20-065-133-C445
Page 1 of 2
P.L. 113-2 Contract Reporting Template
Grantees are to use this template to summarize all procured contracts, including those procured by the grantee, recipients, o r subrecipients. For the purposes of this
requirement, recipients and subrecipients are def ined as any entity receiving funds directly from the grantee. Definitions of each field can be found below.
Grantees are to update and upload this template to their website and to DRGR using the Lead Agency's Administration activity each quarter as part of their QPR
submissions by selecting the “add additional documents” link in page 1 of the edit activity screen. Please note the specific activity title and number where the template
has been uploaded within the QPR's Overall Progress narrative. Please conta ct your CDP representative with any questions about the requirements pertaining to this
template or submit a question to https://www.onecpd.info/get -assistance/my-question/ for DRGR technical assistance.
Data Fields:
Grantee Enter grantee title as displayed in DRGR system.
Grant Number Enter grant number as displayed in DRGR system.
Date Updated Enter date template last updated.
A. Contractor Name Enter name of Contracted Party
B. DUNS Number Enter Data Universal Numbering System number of the Contractor. Note: Entering the DUNS into this template does not
fulfill the requirement for grantees to enter DUNS into the DRGR Action Plan at the activity level. Refer to the Notice
published July 11, 2014 for more information on this sep arate requirement.
C. Procured by Enter name of entity that procured Contract - HUD grantee (state or local government), partner agency, a subrecipient of a
state or local government, or a recipient of a state g overnment.
D. Contract Execution Date Enter date the Contract was executed.
E. Contract End Date Enter date the Contract will expire.
F. Total Contract Amount Enter total amount of executed Contract.
G. Amount of CDBG-DR Funds Enter amount of CDBG-DR funds from this grant used to fund the Contract.
H. Brief Description of Contract Enter a brief, one sentence description of the purpose of the Contract.
To insert additional ROWS, go to HOME menu, and select INSERT from the top left.
Instructions 9/10/2019
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Attachment H
1. GLO Contract No. 20-065-133-C445
Page 2 of 2
P.L. 113-2 Contract Reporting Template
Grantee:
Grant Number:
Date Updated:
A. Contractor Name
B. DUNS Number
C. Procured By
D. Contract
Execution Date
E. Contract
End Date
F. Total Contract
Amount
G. Amount of
CDBG-DR Funds
H. Brief Description of Contract
Example: South Texas Landscaping, INC
XXX-XXX
State of Texas
6/15/2013
6/15/2014
$3,500,000
$3,000,000
Long term recovery from wildfires of
2011 - Drainage Projects
*See Instructions tab for additional guidance on template elements.
Reporting of Contractors 9/10/2019
DocuSign Envelope ID: D97D6D4B-E0D2-4E04-946D-298D8136C580
Certificate Of Completion
Envelope Id: D97D6D4BE0D24E04946D298D8136C580 Status: Completed
Subject: $7.2M Contract: 20-065-133-C445 - City of Corpus Christi (Texas GLO)
Source Envelope:
Document Pages: 67 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 5 Amy Navarro
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
1700 Congress Ave
Austin, TX 78701
Amy.Navarro@glo.texas.gov
IP Address: 24.170.36.134
Record Tracking
Status: Original
6/8/2020 1:37:35 PM
Holder: Amy Navarro
Amy.Navarro@glo.texas.gov
Location: DocuSign
Signer Events Signature Timestamp
Ginger Mills
Ginger.Mills@glo.texas.gov
Attorney
Texas General Land Office, Office of General
Counsel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.174.36.231
Sent: 6/8/2020 2:10:48 PM
Resent: 6/9/2020 10:09:19 PM
Resent: 6/11/2020 9:53:55 AM
Viewed: 6/15/2020 8:49:51 AM
Signed: 6/15/2020 8:58:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Natasha Valentine
natasha.valentine.glo@recovery.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.77.222.99
Sent: 6/15/2020 8:58:09 AM
Viewed: 6/16/2020 11:14:33 AM
Signed: 6/16/2020 11:14:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Heather Lagrone
heather.lagrone.glo@recovery.texas.gov
Sr Dep Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 104.54.227.24
Sent: 6/16/2020 11:14:54 AM
Viewed: 6/16/2020 2:33:11 PM
Signed: 6/16/2020 2:33:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marc Barenblat
marc.barenblat@glo.texas.gov
Deputy General Counsel
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.15.130.4
Sent: 6/16/2020 2:33:25 PM
Viewed: 6/16/2020 3:04:50 PM
Signed: 6/16/2020 3:23:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Jeff Gordon
jeff.gordon@glo.texas.gov
General Counsel
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.129.126.169
Sent: 6/16/2020 3:23:28 PM
Viewed: 6/16/2020 3:24:09 PM
Signed: 6/16/2020 3:24:14 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Keith Selman
KeithSe@cctexas.com
Assistant City Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 165.225.216.232
Sent: 6/16/2020 3:24:23 PM
Viewed: 6/16/2020 5:44:09 PM
Signed: 6/16/2020 5:45:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark A. Havens
Mark.Havens@GLO.TEXAS.GOV
Chief Clerk and Deputy Land Commissioner
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 162.193.135.244
Sent: 6/16/2020 5:45:47 PM
Viewed: 6/17/2020 10:40:29 AM
Signed: 6/17/2020 10:40:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
BSO Team
bsorequests@recovery.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Drafting Requests
draftingrequests@GLO.TEXAS.GOV
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Kelly McBride
kelly.mcbride@glo.texas.gov
Director of Contract Management
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Lawley
Mark.Lawley@glo.texas.gov
Compliance
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Amy Navarro
amy.navarro@glo.texas.gov
Contract Manager
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:46 PM
Resent: 6/17/2020 10:40:51 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mahsa Azadi
Mahsa.Azadi@glo.texas.gov
Disaster Recovery Procurement Manager
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/8/2020 2:10:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Matthew Anderson
matthew.anderson.glo@recovery.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/15/2020 8:58:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounting Team
DR.SystemAccess@glo.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/15/2020 8:58:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia Hudson
cynthia.hudson.glo@recovery.texas.gov
Infrastructure Manager
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/15/2020 8:58:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Trey Bahm
Trey.Bahm.GLO@recovery.TEXAS.GOV
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 11:14:51 AM
Viewed: 6/16/2020 11:23:08 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Colin Nickells
Colin.Nickells.GLO@recovery.TEXAS.GOV
Research Specialist
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 11:14:52 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Diane Hill-Smith
diane.hill-smith.glo@recovery.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 11:14:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Stephanie Crenshaw
stephanie.crenshaw@glo.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 3:23:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Esmeralda Sanchez
Esmeralda.Sanchez@glo.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 3:24:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Commissioner George P. Bush
GeorgeP@glo.texas.gov
Commissioner, General Land Office
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 3:24:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Judy Langford
judy@lcmsinc.com
President
Langford Community Management Services, Inc.
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2020 3:24:23 PM
Viewed: 6/16/2020 3:50:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gregory Rankin
gregory.rankin@glo.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
HUB
HUB@glo.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Angie Williams
Angie.Williams@glo.texas.gov
Interim Director, Budget and Planning
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Martin Rivera Jr
martin.rivera.glo@recovery.texas.gov
Deputy Director,M&Q
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela Mathews
pamela.mathews.glo@recovery.texas.gov
Program Integration Director
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ryne Zmolik
ryne.zmolik.glo@recovery.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:47 AM
Viewed: 6/17/2020 1:03:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Denise Hall
denise.hall.glo@recovery.texas.gov
Texas General Land Office
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:47 AM
Viewed: 6/17/2020 11:02:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michelle Esper-Martin
michelle.espermartin.glo@recovery.texas.gov
Security Level: Email, Account Authentication
(None)
Sent: 6/17/2020 10:40:49 AM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/17/2020 10:40:49 AM
Certified Delivered Security Checked 6/17/2020 10:40:49 AM
Signing Complete Security Checked 6/17/2020 10:40:49 AM
Completed Security Checked 6/17/2020 10:40:49 AM
Payment Events Status Timestamps
Acceptance and appropriation for
La Volla Creek Grants
La Volla Creek -Grants
City Council
July 28, 2020
2
HMGP Grant
•Texas Division of Emergency Management administers the
Hazard Mitigation Grant Program.
•March 11, 2020 City received sub-grant award letter for
Phase 1 environmental and design for the addition of four
additional relief culverts at North Padre Island Drive.
•Sub-grant awarded the City $163,244
•City will provide matching funds in the amount of
$1,036,006
•TDEM will award the remaining $4,355,256 for Phase II
construction.
•The City will allocate $1,036,006 in matching funds
3
HMGP Grant –Project Location
4
CDBG-DR Grant
•Community Development Block Disaster Grant –Disaster
Recovery (“CDBG-DR”) is administered by the General Land
Office.
•June 17, 2020 -City received executed contract and
subaward notice in the amount of $7,234,755 for the
construction of a 1,146 ac-ft detention pond.
•City will provide matching funds in the amount of
$7,600,000.
•Detention pond to be located near the confluence of La
Volla Creek and Airport Tributary Number 1.
5
CDBG-DR Grant –Project Location
Greenwood WWTP
6
Area of Benefit
7
Authorized Signatories
•Action also designates authorized signatories for contractual
and financial documents pertaining to the Community
Development Block Grant –Disaster Recovery Program
Contract No. 20-065-133-C445
8
Approval
Recommendation
DATE: August 11, 2020
TO: Peter Zanoni, City Manager
FROM: Tracey Cantu, Interim Director of Parks and Recreation
TraceyC@cctexas.com
361-826-3042
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
361-826-3169
CAPTION:
Motion authorizing a six-month service agreement with PlayCore Wisconsin, Inc. dba
GameTime for a total amount not to exceed $247,145.94 for the purchase and installation
of 14 shade structures at various parks located throughout the City, with funding in an
amount of $247,145.94 available through the FY 2020 Community Enrichment Fund.
SUMMARY:
This motion authorizes a six-month service agreement for the purchase and installation
of 14 shade structures through the US Communities Cooperative. The shade structures
will be placed at 14 parks located throughout the City.
BACKGROUND AND FINDINGS:
As part of the FY2020 budget initiatives Parks and Recreation was approved to install
shade structures at various parks throughout the City. The department determined that
the best course of action is to install canvas shade structures over each of the newly
installed 14 playground structures.
In January 2020, Parks and Recreation entered into a service agreement with PlayCore
Wisconsin, Inc. (GameTime) to install 14 new playgrounds. Of the 14 new playgrounds,
eight playground installations have been completed. Outlined below is the project
progress at the following locations:
Purchase and Installation of Shade Structures for City Parks
AGENDA MEMORANDUM
Action Item for the City Council Meeting August 11, 2020
PARK LOCATION INSTALLATION
START DATE
ESTIMATED
COMPLETION
DATE
South Bay Park 1013 Harbor Lights Dr. 100% Complete
Brockhampton Park 5934 Brockhampton St. 100% Complete
Collier Park 3801 Harris Dr. 100% Complete
Oso Park 1000 Prince Dr. 100% Complete
North Pope Park 3901 Fort Worth St. Week of Aug 10
Glen Arbor Park 5842 Tanglewood Dr. Sep 15 to Oct 9
Hudson Park 8025 Erne St. Oct 21
Aquarius Park 15002 Aquarius St. Aug 15 to Sep 15
Sugar Park 7342 Candy Ridge Rd. 100% Complete
Schanen Park 5930 O’Toole Rd. Sept 15 to Oct 9
West Guth Park 9700 Up River Rd. 100% Complete
Dan Whitworth Park 701 St. Pius Dr. 100% Complete
Cullen Park 910 Airline Rd. Week of Aug 10
St. Andrews Park 5902 St. Andrews Dr. 100% Complete
The installation of the shade structures at these locations will not only provide much
needed shade for children and parents at the parks selected but would also prolong the
life expectancy of the play structures themselves and protect the City’s investment. Over
time, the sun causes the colors of the playground surfaces to fade and the plastic
structures to become very brittle. Due to their familiarity with the newly installed play
structures and the ongoing work, Parks and Recreation reached out to GameTime and
requested a quote to install engineered shade structure systems at the 14 locations. It
should take approximately three weeks per location for installation of each shade
structure. After award of the contract, staff will determine the order of installation.
This procurement is through the US Communities Cooperative. Contracts awarded
through the US Communities Cooperative have been competitively procured and are in
compliance with Local and State procurement requirements.
ALTERNATIVES:
An alternative to purchasing these shade structures as a turnkey would be not to proceed
with this project. However, the shaded structures will provide needed shade for children
and parents utilizing the structures but will prolong the life expectancy of the play
structures themselves by protecting our investment from the elements.
FISCAL IMPACT:
The fiscal impact in FY 2020 is an amount of $247,145.94 for this one-time service
agreement with funding available from the Community Enrichment Fund. The Community
Enrichment Fund has an amended budget of $6,533,317.49. To date there are
expenditures of $1,430,352.17, encumbrances and commitments of 1,356,533.34, and
an unencumbered balance of $3,746,431.98. Upcoming major projects include Bill Witt
Park, Cole Park Pier, and Oso Creek Hike and Bike Trail.
Funding Detail:
Fund: 4720 Comm Enrichment Fund
Organization/Activity: 21300 Park Acg or Devel-Unrestricted
Mission Element: 141 Manage & Maintain Parks & Rec Facilities
Project # (CIP Only): N/A
Account: 550030 Improvements other than Bldg
RECOMMENDATION:
Staff recommends approval of this motion authorizing a six-month service agreement with
PlayCore Wisconsin, Inc. dba GameTime as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Price Sheet
City of Corpus Christi
Contracts and Procurement Price Sheet
Senior Buyer: Cindy Ramos Shade Stuctures for City Parks
Description Qty UOM Unit Price Total
Superior - 43' x 26' x 14' Eave Height
Rectangle Hip Shades 5 EA 10,306.14$ 51,530.70$
Engineering Drawings 1 EA 693.60$ 693.60$
Superior - 40' x 28' x 14' Eave Height
Rectangle Hip Shades 4 EA 10,216.95$ 40,867.80$
Engineering Drawings 1 EA 693.60$ 693.60$
Superior - 33' x 30' x 14' Eave Height
Rectangle Hip Shades 5 EA 9,260.82$ 46,304.10$
Engineering Drawings 1 EA 693.60$ 693.60$
Installation 1 Lump Sum 85,715.00$ 85,715.00$
Payment & Performance Bonds 1 Lump Sum 3,782.00$ 3,782.00$
Freight 1 Lump Sum 16,865.54$ 16,865.54$
247,145.94$
PlayCore Wisconsin, Inc.
dba Gametime
GRAND TOTAL
Service Agreement Standard Form Page 1 of 7
SERVICE AGREEMENT NO. 88155
Shade Structures for City Parks
THIS Shade Structures for City Parks Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
(“City”) and PlayCore Wisconsin, Inc. dba GameTime (“Contractor"), effective upon
execution by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Shade Structures for City Parks in
response to Request for Bid/Proposal No. COOP USC 2017001134 (“RFB/RFP”), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor’s bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Shade Structures for City Parks (“Services”) in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for six months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero-month periods (“Option
Period(s)”), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City’s
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$247,145.94, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 2 of 7
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: Jose Hernadez
Department: Parks & Recreation
Phone: 361-826-3986
Email: JoseHe@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the endorsement must state that the City will be given at least 30
days’ advance written notice of cancellation, material change in coverage, or
intent not to renew any of the policies. The City must be named as an additional
insured. The City Attorney must be given copies of all insurance policies within 10
days of the City Manager's written request in the event of a claim. Insurance
requirements are as stated in Attachment C, the content of which is incorporated
by reference into this Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 3 of 7
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
Service Agreement Standard Form Page 4 of 7
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City’s sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Roberta Rodriguez
Title: Contract/Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
Fax: 361-826-3864
IF TO CONTRACTOR:
PlayCore Wisconsin, Inc. dba GameTime
Attn: Clint Whiteside
Title: Sales Administration Project Manager
Address: 544 Chestnut Street, Chattanooga, TN 37402
Phone: 423-425-3162
Fax: 423-648-5903
Service Agreement Standard Form Page 5 of 7
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR, BUT ONLY TO THE EXTENT SUCH
ARISES OUT OF OR RESULTS FROM THE NEGLIGENT ACT, OMISSION,
MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR
AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL
CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS, SUITS, OR ACTIONS TO THE EXTENT THAT
CONTRACTOR IS AT FAULT. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement. In the event of the City’s termination of this Contract for the City’s
convenience, Contractor shall be paid the applicable contract value for all
compliant completed increments of Work and Work in progress.
Service Agreement Standard Form Page 6 of 7
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority :
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City
laws in the performance of this Agreement. The applicable law for any legal
disputes arising out of this Agreement is the law of the State of Texas, and such
form and venue for such disputes is the appropriate district, county, or justice
court in and for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
Service Agreement Standard Form Page 7 of 7
expenditure of at least $1,000,000 by the City. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor
knowingly or intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes all
prior negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Kim Baker
Director of Contracts and Procurement
Date: _________________________
APPROVED AS TO LEGAL FORM:
_____________________________________________________
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. COOP USC 2017001134
Exhibit 2: Contractor’s Bid/Proposal Response
ATTACHMENT A: SCOPE OF WORK
1.General Requirements/Background Information
Contractor shall provide and install shade structures for newly installed playground
equipment at 14 City parks.
2.Scope of Work
A.Installation of Quick Release Shade Structures to cover four GameTime Timber
Ridge Units.
1.Locations:
Collier Park, 3801 Harris Dr., Corpus Christi, TX 78411
Oso Place Park, 1000 Prince, Corpus Christi, TX 78412
South Bay Park, 1013 Harbor Lights, Corpus Christi, TX 78412
Brockhampton Park, 5934 Brockhampton St., Corpus Christi, TX 78414
B.Installation of Quick Release Shade Structures to cover five GameTime Loop
Around Units.
1.Locations
North Pope, 3901 Ft. Worth, Corpus Christi, TX 78411
Hudson Park, 8025 Erne, Corpus Christi, TX 78409
Glen Arbor Park, 5842 Tanglewood, Corpus Christi, TX 78412
Aquarius Park, 15002 Aquarius St., Corpus Christi, TX 78418
Sugar Park, 7342 Candy Ridge, Corpus Christi, TX 78413
C.Installation of Quick Release Shade Structures to cover five GameTime Ski Ridge
Units.
1.Locations
Schanen Park, 5930 O’Toole, Corpus Christi, TX 78413
Dan Whitworth Park, 701 S. Pius, Corpus Christi, TX 78412
Cullen Park, 910 Airline, Corpus Christi, TX 78412
St. Andrews Park, 5902 St. Andrews, Corpus Christi, TX 78413
West Guth Park, 9700 Up River Rd., Corpus Christi, TX 78410
D.Special Requirements:
1.Contractor shall schedule installations through the Contract Administrator.
2.Contractor shall provide engineered drawings with engineer stamp and wind
certification for all 14 Shade Structures.
3.Contractor shall install Quick Release Shade Structures per manufacturer’s
instructions.
4.Contractor shall install shade posts outside of existing playground perimeter.
5.Contractor shall contact Contract Administrator for canvas and post colors.
Page 1 of 2
6.Contractor shall provide all materials and labor to complete installation of the
14 shade structures.
7.Contractor shall maintain a clean and safe worksite at all times.
8.Contractor shall clean worksite and haul excess dirt, debris, packaging, etc.,
during and upon completion of shade structure installations.
9.Contractor shall contact Contract Administrator for line locations prior to any
digging.
10. Contractor shall be responsible for any damages to existing Playgrounds
during the installation of Shade Structures.
3.Insurance and Bonds
Insurance will be required as outlined in the contract. Payment and Performance
bonds will also be required for 100% of the construction amount of the project.
Insurance and bonds must be maintained throughout the term of the contract.
Page 2 of 2
(Game7ime)
A PLAYCORE Como•n1
ATTACHMENT B: BID/PRICING SCHEDULE
c/o Total Recreation Products, Inc.
17802 Grant Road Cypress, Texas 77429
Phone:281-351-2402
Toll Free: 800-392-9909
Fax:281-351-2493
07/01/2020
Quote #100408-01-01
TM-06093-20 City of Corpus Christi - 14 Shades
City of Corpus Christi
Attn: Jose Hernandez
5352 Ayers Building #4
Corpus Christi, TX 78415
Phone: 361-826-3986
josehe@cctexas.com
Ship to Zip 78218
Quantity Part# Description Unit Price Amount
11
·1 I
Shades for Sky Ridge Units
10456 Superior -43' x 26' x 14' Eave Height Rectangle Hip Shades, Embedded Columns, Quick Release
Fabric-
DWG
Price includes discount of $9,093.68
Shade for the following parks:
Schanen
Whitworth
St. Andrews
West Guth
Cullen
Superior -Signed and Sealed Engineering Drawings
Price includes discount of $122.40
Shades for Timber Ridge Units
10423 Superior -40' x 28' x 14' Eave Height Rectangle Hip Shades, Embedded Columns, Quick Release
Fabric-
DWG
Price includes discount of $7,211.95
Shade for the following parks:
South Bay
Brockhampton
Collier
OsoPlace
Superior -Signed and Sealed Engineering Drawings
Price includes discount of $122.40
Shade for Loop Around Units
10412 Superior -33' x 30' x 14' Eave Height Rectangle Hip Shades, Embedded Columns, Quick Release
Fabric-
DWG
Price includes discount of $8, 171.31
Shade for the following parks:
North Pope
Hudson
Glen Arbor
Aquarius
Sugar
Superior -Signed and Sealed Engineering Drawings
Price includes discount of $122. 40
INSTALL Game Time -Installation of Above Shades-
Installation of Above Equipment Only; No other site work, demolition or concrete work included.
Acguisition of an:v.. and all n.errnits is the sole resn.onsibilifY.. of the customer. Standard installation
does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions
are encountered, additional charges will apply.
BONDS Other -Payment & Performance Bonds
Contract: OMNIA
$10,306.14 $51,530.70 I
$693.60 $693.60
$10,216.95 $40,861.80 I
$693.60 $693.60
$9,260.82 $46,304.10 I
$693.60 $693.60 I
$85,715.00 $85,715.00 i
$3,782.00 $3,782.00 I
Sub Total $230,280.40
Freight $16,865.54
Total $247,145.94
Page1of1 C5/ tr@�
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I.CONTRACTOR’S LIABILITY INSURANCE
A.Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C.In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II.ADDITIONAL REQUIREMENTS
A.Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
Page 1 of 3
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B.Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C.Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D.Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
•List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by blanket endorsement, as respects operations, completed
operation and activities of, or on behalf of, the named insured performed under
contract with the City, with the exception of the workers' compensation policy;
•Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
•Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
•Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E.Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F.In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
Page 2 of 3
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I.It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
04/14/2020 Risk Management – Legal Dept.
BOND REQUIREMENT: Payment and Performance bonds are required for 100% of the
construction amount of the project. Insurance and bonds must be maintained throughout the
term of the contract.
Page 3 of 3
ATTACHMENT D: WARRANTY REQUIREMENTS
1 Year - Workmanship
Manufacturer's Warranty
Page 1 of 1
DATE: August 11, 2020
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BillM@cctexas.com
(361) 826-1801
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement for fire extinguisher inspection, annual
maintenance services, and the purchase of replacement fire extinguishers and parts with
IFS Fire and Safety Inc., for a total amount of $58,807.90, for field use by Gas Operations’
employees, effective upon issuance of notice to proceed with FY 2020 funding available
through the Gas Fund in the amount of $3,267.11.
SUMMARY:
This motion authorizes a service agreement for fire extinguisher inspections and annual
maintenance services. The service agreement includes replacement of fire extinguishers
as needed, as well as the replacement of parts identified during inspections and the
recharging of fire extinguishers after the performance of leak tests. Gas Operations
issues a fire extinguisher to each City vehicle and physical facility under their operation.
The fire extinguishers will be used as a protection device to extinguish or control small
fires, often in emergency situations. All fire extinguishers are always present when
working on live natural gas lines as it is safety requirement by OSHA and Texas Railroad
Commission. All fire extinguishers will be in City units, CNG Regulator Station, and the
Administration Facility.
.
BACKGROUND AND FINDINGS:
The Gas Operations Department has an operational need to have a service agreement
in place for fire extinguisher inspection and annual maintenance services. Additionally,
Fire Extinguisher Inspection and Annual Maintenance for Gas Operations
(Including Replacement Parts)
AGENDA MEMORANDUM
Action Item for the City Council Meeting of August 11, 2020
the agreement will be for the purchase and/or replacement of fire extinguishers at a cost
$125.30 each. The fire extinguishers are issued to staff members as a protection device
to extinguish or control small fires, often in emergency situations. The value of the
inspections and annual maintenance service is $7,455.00 (or 12.7% of the value of the
service agreement). Replacement of fire extinguishers and parts accounts for $51,352.90
of the $58,807.90 of the value of the service agreement (or 87.3%).
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids for a new contract. The City received three responsive, responsible
bids, and is recommending award to the lowest, responsive, responsible bidder, IFS Fire
and Safety, Inc. This three-year contract will be the first long-term contract secured by the
department. Prior years, this service had been obtained for individual extinguishers on an
as needed basis. Through this bidding process, it was determined that IFS Fire and
Safety, Inc.’s pricing is approximately 37% less than other bidders and having a longer
term agreement will allow these needed services to be obtained more efficiently.
ALTERNATIVES:
An alternative to not approving this service agreement will require the department to issue
individual Request for Quotes for the annual inspection of the fire extinguishers annually
and on an as needed basis for services and/or replacements. Additionally, securing a
long-term agreement locks-in the prices for the three-year term of the contract.
FISCAL IMPACT:
The fiscal impact for Gas Operations in FY 2020 is an amount of $3,267.11. The
remaining cost of $55,540.79 will be funded in future years through the annual budget
process.
Funding Detail:
Fund: 4130 Gas Fund
Organization/Activity: 34130 Gas Construction
Mission Element: 022 Gas Distribution System
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Cost: $1,260.46
Fund: 4130 Gas Fund
Organization/Activity: 34110 Gas Maintenance and Operations
Mission Element: 022 Gas Distribution System
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Cost: $627.42
Fund: 4130 Gas Fund
Organization/Activity: 34120 Gas Pressure and Measurement
Mission Element: 022 Gas Distribution System
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Cost: $627.42
Fund: 4130 Gas Fund
Organization/Activity: 34000 Gas Administration
Mission Element: 021 Gas Supplies
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Cost: $309.60
Fund: 4130 Gas Fund
Organization/Activity: 34105 Compressed Natural Gas
Mission Element: 021 Gas Supplies
Project # (CIP Only): N/A
Account: 520090 Minor Tools & Equipment
Cost: $442.21
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of fire extinguishers
and annual maintenance services as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
3 Yr.
Qty
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
GAS CONSTRUCTION
DIVISION
1 Annual Inspections EA 80 7.00$ 560.00$ 5.25$ 420.00$ 5.00$ 400.00$
2 Value Stems EA 80 7.40$ 592.00$ 14.92$ 1,193.60$ 12.75$ 1,020.00$
3 O-Rings EA 80 0.00$ 0.00
0.00
$4.68$ 374.40$ 2.50$ 200.00$
4 Pull Pins EA 100 0.00$ -$ 2.75$ 275.00$ 2.50$ 250.00$
5 Brackets EA 40 39.95$ 1,598.00$ 11.46$ 458.40$ 5.00$ 200.00$
6 Adhesive Tag Sleeves
Protector EA 80 0.99$ 79.20$ 3.00$ 240.00$ 3.00$ 240.00$
7 Re-Charge 20 lb. Fire
Extinguisher EA 150 28.50$ 4,275.00$ 37.00$ 5,550.00$ 31.50$ 4,725.00$
8 Hydrotest with Recharge 20
lb.EA 80 41.00$ 3,280.00$ 37.00$ 2,960.00$ 46.50$ 3,720.00$
9
Fire Extinguisher, dry
chemical 20 lb.
(replacement)
EA 80
125.30$ 10,024.00$ 195.00$ 15,600.00$ 220.00$ 17,600.00$
10 Fire Extinguisher 20 lb., 6-
year Maintenance EA 80 28.50$ 2,280.00$ 68.00$ 5,440.00$ 31.50$ 2,520.00$
11 Disposal EA 40 0.00-$ 0.00$2.75$ 110.00$ 10.00$ 400.00$
GROUP SUBTOTAL 22,688.20$ 32,621.40$ 31,275.00$
GAS MAINTENANCE &
OPERATIONS
12 Annual Inspections EA 40 7.00$ 280.00$ 5.25$ 210.00$ 5.00$ 200.00$
13 Value Stems EA 60 7.40$ 444.00$ 14.92$ 895.20$ 12.75$ 765.00$
14 O-Rings EA 60 -$ -$ 4.68$ 280.80$ 2.50$ 150.00$
15 Pull Pins EA 60 -$ -$ 2.75$ 165.00$ 2.50$ 150.00$
16 Brackets EA 40 39.95$ 1,598.00$ 11.46$ 458.40$ 5.00$ 200.00$
17 Adhesive Tag Sleeves
Protector EA 40 0.99$ 39.60$ 3.00$ 120.00$ 3.00$ 120.00$
Pro Fire Protection
Corpus Christi, Texas
IFS Fire & Safety Inc
Corpus Christi, Texas
Cintas Corporation
San Antonio, Texas
City of Corpus Christi
Contracts and Procurement
Department
Senior Buyer : Cynthia Perez
Bid Tabulation
RFB # 3024 Fire Extinguisher Inspection & Annual Maintenance
3 Yr.
Qty
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
Pro Fire Protection
Corpus Christi, Texas
IFS Fire & Safety Inc
Corpus Christi, Texas
Cintas Corporation
San Antonio, Texas
City of Corpus Christi
Contracts and Procurement
Department
Senior Buyer : Cynthia Perez
Bid Tabulation
RFB # 3024 Fire Extinguisher Inspection & Annual Maintenance
18 Re-Charge 20 lb. Fire
Extinguisher EA 40 28.50$ 1,140.00$ 37.00$ 1,480.00$ 31.50$ 1,260.00$
19 Hydrotest with Recharge 20
lb.EA 40 41.00$ 1,640.00$ 37.00$ 1,480.00$ 46.50$ 1,860.00$
20
Fire Extinguisher, dry
chemical 20 lb.
(replacement)
EA 40
125.30$ 5,012.00$ 195.00$ 7,800.00$ 220.00$ 8,800.00$
21 Fire Extinguisher 20 lb., 6-
year Maintenance EA 40 28.50$ 1,140.00$ 68.00$ 2,720.00$ 31.50$ 1,260.00$
22 Disposal EA 100 0.00$ 0.00$2.75$ 275.00$ 10.00$ 1,000.00$
GROUP SUBTOTAL 11,293.60$ 15,884.40$ 15,765.00$
GAS PRESSURE DIVISION
23 Annual Inspections EA 40 7.00$ 280.00$ 5.25$ 210.00$ 5.00$ 200.00$
24 Value Stems EA 60 7.40$ 444.00$ 14.92$ 895.20$ 12.75$ 765.00$
25 O-Rings EA 60 0.00$ 0.00$4.68$ 280.80$ 2.50$ 150.00$
26 Pull Pins EA 60 0.00$ 0.00$2.75$ 165.00$ 2.50$ 150.00$
27 Brackets EA 40 39.95$ 1,598.00$ 11.46$ 458.40$ 5.00$ 200.00$
28 Adhesive Tag Sleeves
Protector EA 40 0.99$ 39.60$ 3.00$ 120.00$ 3.00$ 120.00$
29 Re-Charge 20 lb. Fire
Extinguisher EA 40 28.50$ 1,140.00$ 37.00$ 1,480.00$ 31.50$ 1,260.00$
30 Hydrotest with Recharge 20
lb.EA 40 41.00$ 1,640.00$ 37.00$ 1,480.00$ 46.50$ 1,860.00$
31
Fire Extinguisher, dry
chemical 20 lb.
(replacement)
EA 40
125.30$ 5,012.00$ 195.00$ 7,800.00$ 220.00$ 8,800.00$
32 Fire Extinguisher 20 lb., 6-
year Maintenance EA 40 28.50$ 1,140.00$ 68.00$ 2,720.00$ 31.50$ 1,260.00$
33 Disposal EA 40 0.00$ 0.00$2.75$ 110.00$ 10.00$ 400.00$
3 Yr.
Qty
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
Pro Fire Protection
Corpus Christi, Texas
IFS Fire & Safety Inc
Corpus Christi, Texas
Cintas Corporation
San Antonio, Texas
City of Corpus Christi
Contracts and Procurement
Department
Senior Buyer : Cynthia Perez
Bid Tabulation
RFB # 3024 Fire Extinguisher Inspection & Annual Maintenance
GROUP SUBTOTAL 11,293.60$ 15,719.40$ 15,165.00$
GAS ADMINISTRATION
34 Annual Inspections EA 20 7.00$ 140.00$ 5.25$ 105.00$ 5.00$ 100.00$
35 Value Stems EA 20 7.40$ 148.00$ 14.92$ 298.40$ 12.75$ 255.00$
36 O-Rings EA 20 0.00
-
$ 0.00$4.68$ 93.60$ 2.50$ 50.00$
37 Pull Pins EA 20 0.00-$ .0.00$2.75$ 55.00$ 2.50$ 50.00$
38 Brackets EA 20 39.95$ 799.00$ 11.46$ 229.20$ 5.00$ 100.00$
39 Adhesive Tag Sleeves
Protector EA 20 0.99$ 19.80$ 3.00$ 60.00$ 3.00$ 60.00$
40 Re-Charge 20 lb. Fire
Extinguisher EA 20 28.50$ 570.00$ 37.00$ 740.00$ 31.50$ 630.00$
41 Hydrotest with Recharge 20
lb.EA 20 41.00$ 820.00$ 37.00$ 740.00$ 46.50$ 930.00$
42
Fire Extinguisher, dry
chemical 20 lb.
(replacement)
EA 20
125.30$ 2,506.00$ 195.00$ 3,900.00$ 220.00$ 4,400.00$
43 Fire Extinguisher 20 lb., 6-
year Maintenance EA 20 28.50$ 570.00$ 68.00$ 1,360.00$ 31.50$ 630.00$
44 Disposal EA 20 0.00$ 0.00$2.75$ 55.00$ 10.00$ 200.00$
GROUP SUBTOTAL 5,572.80$ 7,636.20$ 7,405.00$
COMPRESSED NATURAL
GAS
45 Annual Inspections EA 30 7.00$ 210.00$ 5.25$ 157.50$ 5.00$ 150.00$
46 Value Stems EA 30 7.40$ 222.00$ 14.92$ 447.60$ 12.75$ 382.50$
47 O-Rings EA 30 0.00$ 0.00$4.68$ 140.40$ 2.50$ 75.00$
48 Pull Pins EA 30 0.00$ 0.00$2.75$ 82.50$ 2.50$ 75.00$
49 Brackets EA 20 39.95$ 799.00$ 11.46$ 229.20$ 5.00$ 100.00$
50 Adhesive Tag Sleeves
Protector EA 30 0.99$ 29.70$ 3.00$ 90.00$ 3.00$ 90.00$
3 Yr.
Qty
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
Pro Fire Protection
Corpus Christi, Texas
IFS Fire & Safety Inc
Corpus Christi, Texas
Cintas Corporation
San Antonio, Texas
City of Corpus Christi
Contracts and Procurement
Department
Senior Buyer : Cynthia Perez
Bid Tabulation
RFB # 3024 Fire Extinguisher Inspection & Annual Maintenance
51 Re-Charge 20 lb. Fire
Extinguisher EA 30 28.50$ 855.00$ 37.00$ 1,110.00$ 31.50$ 945.00$
52 Hydrotest with Recharge 20
lb.EA 30 41.00$ 1,230.00$ 37.00$ 1,110.00$ 46.50$ 1,395.00$
53
Fire Extinguisher, dry
chemical 20 lb.
(replacement)
EA 30
125.30$ 3,759.00$ 195.00$ 5,850.00$ 220.00$ 6,600.00$
54 Fire Extinguisher 20 lb., 6-
year Maintenance EA 30 28.50$ 855.00$ 68.00$ 2,040.00$ 31.50$ 945.00$
55 Disposal EA 30 0.00$ 0.00$2.75$ 82.50$ 10.00$ 300.00$
GROUP SUBTOTAL 7,959.70$ 11,339.70$ 11,057.50$
TOTAL 58,807.90$ 83,201.10$ 80,667.50$
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3024
Fire Extinguisher Inspection and Annual Maintenance for
Gas Department
THIS Fire Extinguisher Inspection and Annual Maintenance for Gas Department
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation (“City”) and IFS Fire & Safety, Inc.
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Fire Extinguisher Inspection and Annual
Maintenance for Gas Department in response to Request for Bid/Proposal No. 3024
(“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications
and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Fire Extinguisher Inspection and Annual
Maintenance for Gas Department (“Services”) in accordance with the attached
Scope of Work, as shown in Attachment A, the content of which is incorporated
by reference into this Agreement as if fully set out here in its entirety, and in
accordance with Exhibit 2.
2.Term. This Agreement is for three years, with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator or
the Contracts and Procurement Department. The parties may mutually extend
the term of this Agreement for up to zero additional zero-year periods (“Option
Period(s)”), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City’s
extension authorization must be executed by the City Manager or designee.
3.Compensation and Payment. This Agreement is for an amount not to exceed
$58,807.90, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next option period.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: Maria T. Morales
Department: Gas Department
Phone: (361) 885-6945
Email: MariaM@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City’s sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Maria T. Morales
Title: Construction Systems Support Coordinator
Address: 4225 S. Port, Corpus Christi, Texas 78415
Phone: (361) 885-6945
Fax: (361) 853-3200
IF TO CONTRACTOR:
IFS Fire & Safety, Inc.
Attn: Scott Tilton
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
Title: President
Address: 4540 Southview Drive, Corpus Christi, Texas 78408
Phone: (361) 289-7949
Fax: (361) 289-7767
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
Revised 02.21.20
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide inspection and annual maintenance to the fire
extinguishers at the Gas Department as outlined in this Scope of Work. The Gas
Department is comprised of five divisions within the City. The divisions consist of the
Gas Construction Division, Gas Maintenance & Operations Division, Gas Pressure
Division, Gas Administration, and Compressed Natural Gas Division.
1.2 Scope of Work
A. The Contractor shall provide inspection and annual maintenance to dry
chemical type portable fire extinguishers.
B. The Contractor shall be responsible for scheduling inspections and annual
maintenance.
C. The Contractor shall furnish all labor, materials, tools, transportation, and
equipment, required to inspect and maintain fire extinguishers.
D. All work and inspections will be performed in accordance with the standards
documented in National Fire Protection Association (NFPA) 10 Standard for
Portable fire extinguishers.
E. The Contractor shall deliver all extinguishers no later than two calendar days after
inspection.
F. In the event of an emergency, the Contractor shall have 45 minutes to respond
to the call.
G. The Contractor shall keep record of all fire extinguishers inspected and give a
copy to the Contract Administrator.
H. The Contractor shall keep records per division of tags and labels attached to the
fire extinguisher, on an inspection checklist maintained on file, or in an electronic
method that provides a permanent record.
1.3 Annual Maintenance and Inspection
A. Maintenance procedures shall include a thorough examination of the three
basic elements of a fire extinguisher:
1.Mechanical Parts
2.Extinguishing agent
3.Expelling means
Revised 02.21.20
B. Maintenance shall be performed by trained Contractor having the proper
equipment and only factory replacement parts approved for use of the fire
extinguisher.
C. At the time of maintenance, the tamper seal or rechargeable fire extinguishers
shall be removed by operating the pull pin or locking device. After the
applicable maintenance procedures are completed, a new tamper seal shall be
installed. No TIE WRAPS need to be cut.
D. The Contractor shall check if seals and tamper indictors are broken or missing and
install new safety seals.
E. The Contractor shall make sure the vehicle brackets fit the bracket properly and
that the bracket is securely attached.
F. The Contractor shall examine fire extinguishers for physical damage, corrosion,
leakage, or clogged nozzle.
G. If a fire extinguisher is deemed out of order or unserviceable during an inspection,
the Contractor shall provide a temporary replacement which the original
extinguisher is being repaired or replaced.
H. The Contractor shall pressurize the fire extinguisher and follow re-charge
instructions if a fire extinguisher is overcharged.
I. The Contractor shall make sure handle and lever operate freely but Do Not
discharge the fire extinguisher, pin shall be replaced.
J. The Contractor shall check fullness determined by weighing or hefting.
K. The Contractor shall check ring pin for freedom of movement. The Contractor
shall replace ring pin if bent or if removal appears difficult.
L. The Contractor shall check Hazardous Materials Identification System (HMIS) label
and the operating instructions are legible and in place and facing forward.
M. The Contractor shall conduct a conductivity test annually on all carbon dioxide
hose assemblies. Hose assemblies found to be nonconductive shall be replaced.
N. The Contractor shall perform a leak test after recharging. All rechargeable-type
fire extinguishers shall be recharged after any use or as indicated by an
inspection or when performing maintenance.
O. The Contractor shall perform a hydrostatic testing. The hydrostatic test shall
always include both an internal and external visual examination of the cylinder.
Revised 02.21.20
P. All valves, internal parts, and hose assemblies shall be removed, and the fire
extinguisher emptied before testing.
Q. If the dry chemical fire extinguisher is over six years old, the fire extinguisher will
need to be recharged.
R. Stored-pressured types containing a loaded system agent shall be disassembled
on an annual basis and subjected to complete maintenance.
1.4 Replacement and Disposal
A. The Contractor shall contact the Contract Administrator before replacing new
fire extinguishers. The Contractor shall provide justification for the requested
replacement to the Contract Administrator.
B. The Contractor shall be responsible for the disposal of the old unit. Extinguishers
that are found to be faulty and therefore not refillable shall be condemned.
C. The Contractor shall replace the fire extinguisher with the same brand, or brands
that follow all applicable codes and requirements.
1.5 Work Site and Conditions
The Contractor shall perform all fire extinguisher annual maintenance and inspection
at the Corpus Christi Gas Department located at 4225 S. Port Ave., Corpus Christi, TX
78415.
1.6 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.7 Special Instructions
A. After maintenance and inspection is completed, the Contractor shall leave a copy
of the work completed to the Contract Administrator for verification and approval.
B. The Contractor shall submit an invoice after the annual services are performed.
Invoices shall be separated by division.
C. Original copy of the invoice must be sent to Accounts Payable with a copy of the
invoice to be sent to the Contract Administrator.
Attachment C: Insurance and Bond Requirements
A.CONTRACTOR’S LIABILITY INSURANCE
1.Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1)
copy of Certificates of Insurance (COI) with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City’s Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies by endorsement, and a waiver of subrogation is
required on all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability
Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
3.In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days of
the accident.
Page 1 of 3
B.ADDITIONAL REQUIREMENTS
1.Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on
a policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be
promptly met.
2.Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
3.Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
•List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
•Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
•Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
•Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
5.Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Page 2 of 3
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
6.In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and within
the time herein required, the City shall have the right to order Contractor to remove
the exhibit hereunder, and/or withhold any payment(s) if any, which become due
to Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
7.Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractor’s performance of the work
covered under this agreement.
8.It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
9.It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
04/26/2019 Risk Management – Legal Dept.
No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds,
subsection 5 (B) is null and void.
Page 3 of 3
Attachment D - Warranty Requirements
The Contractor shall warrant new fire extinguishers with a seven-year
manufacturer warranty.
DATE: August 11, 2020
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BillM@cctexas.com
(361) 826-1801
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the lease-purchase of three replacement freightliner vehicles: one
2021 Freightliner M2-112 TRA heavy crew truck and two 2020 Freightliners M2-106 SRA
6-8 cubic yard dump trucks from Houston Freightliner, Inc., in an amount of $370,161.05,
for Gas Operations, effective upon issuance of letter of acceptance with FY 2020 funding
available through the Gas Fund in the amount of $12,338.70.
SUMMARY:
This motion authorizes a lease-purchase of three freightliner trucks for Gas Operations
from Houston Freightliner through the HGAC Cooperative. These vehicles will be utilized
by Gas Operations to transport personnel, dirt, materials and tools, plus pull trailers to
and from the worksites. These units are replacement units and have met the expected
service life of seven years. They are 18 to 22 years old.
BACKGROUND AND FINDINGS:
The Gas Operations Department has an operational need to replace three freightliner
trucks. The trucks consist of one 2021 Freightliner M2-112 TRA heavy crew truck will be
used to transport a crew, haul parts and materials securely, and also pull a trailer and two
2020 Freightliners M2-106 SRA 6-8 cubic yard dump trucks will be used for hauling of dirt
and materials. These three replacement freightliner trucks allow for a more efficient and
timely response by the Gas Operations staff to better serve the needs of citizens.
This procurement is through the HGAC Cooperative. Contracts awarded through the
HGAC Cooperative have been competitively procured, in compliance with Texas local
and state procurement requirements.
Lease Purchase of Three Freightliner Trucks for Gas Operations
AGENDA MEMORANDUM
Action item for the City Council Meeting of August 11, 2020
ALTERNATIVES:
An alternative is not to lease-purchase this equipment and continue using the old
equipment, and struggle to meet mission requirements due to the increasing age, repairs
and increase maintenance requirements. This would result in less construction work and
less response to emergency repairs, therefore creating a loss of service to City
customers.
FISCAL IMPACT
The fiscal impact for Gas Operations in FY 2020 is an amount of $12,338,.70 from the
Gas Fund. The remaining cost of $357.822.35 will be funded through the annual budget
process.
Financing for the lease purchase of the three freightliners is based on a sixty-month term
with an estimated interest rate of 2.00% for an annual estimated payment of $74,032.21.
The total estimated cost over the five-year period, including principal of $351,976.00 and
interest of $18,185.05 is $370,161.05.
Total Lease Purchase Price: $351,976.00
Total estimated allowable interest for Lease: $ 18,185.05
Grand Total: $370,161.05
Funding Detail:
Fund: 4130 Gas Fund
Organization/Activity: 34130 Gas Construction
Mission Element: 022 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530190 Lease-Purchase Payments
Cost: $8,136.85
Fund: 4130 Gas Fund
Organization/Activity: 34110 Gas Maintenance and Operations
Mission Element: 022 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530190 Lease-Purchase Payments
Cost: $4,201.85
RECOMMENDATION:
Staff recommends approval of this motion authorizing the lease-purchase with Houston
Freightliner as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 2020 Freightliner M2-106 SRA 2 $108,850.00 $217,700.00
2 2021 Freightliner M2-112 TRA 1 $134,276.00 $134,276.00
$351,976.00
Houston Freightliner
Houston TX
TOTAL
Price Sheet
Lease Purchase of One 2021 Freightliner and Two
2020 Freightliners for Gas Operations
HGACBUY HT06-18
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cynthia Perez
DATE: August 11, 2020
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BillM@cctexas.com
(361) 826-1801
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the lease-purchase of two F550 crew cab trucks from Silsbee Ford,
Inc., in an amount of $141,642.79, one truck will be an addition to the fleet and the other
truck will be a replacement for Gas Operations, effective upon issuance of letter of
acceptance with FY 2020 funding available through the Gas Fund in the amount of
$4,721.43.
SUMMARY:
This motion authorizes a lease-purchase from Silsbee Ford through the GoodBuy
Cooperative for two F550 crew cab trucks to be used by Gas Operations. One truck will
have a welding body for use in the Maintenance of Lines Division for repairs and
installation of new lines. It will be an addition the department’s fleet. The second F550
crew cab truck with KUV service body is a replacement. It will be used to transport
personnel and tools, plus pull trailers to and from the worksites. This truck is replacing a
unit that has passed its expected service life of 7 years, it is 15 years old.
BACKGROUND AND FINDINGS:
The pickup trucks are used by Gas Operations’ staff to perform various duties by
Maintenance of Lines Division and other areas of operation within the department. These
two trucks allow for a more efficient and timely response by Gas Operations staff to better
serve the needs of citizens. One truck will be an addition to the fleet and the other truck
will be a replacement,
Lease-Purchase of Two Crew Cab Trucks for Gas Operations
AGENDA MEMORANDUM
Action for the City Council Meeting of August 11, 2020
This procurement is through the GoodBuy Cooperative. Contracts awarded through the
GoodBuy Cooperative have been competitively procured and are in compliance with
Texas Local and State procurement requirements.
ALTERNATIVES:
An alternative is to lease the trucks as needed. However, this would result in less
construction work and slower response to emergency repairs, therefore creating a loss of
service to City customers if equipment is not readily available.
FISCAL IMPACT:
The fiscal impact for Gas Operations in FY 2020 is an amount of $4,721.43 from the Gas
Fund. The remaining cost of $136,921.36 will be funded through the annual budget
process.
Financing for the lease-purchase of the two crew cab trucks is based on a sixty-month
term with an estimated interest rate of 2.00% for an annual estimated payment of
$28,328.56. The total estimated cost over the five-year period, including principal of
$134,684.25 and interest of $6,958.54 is $141,642.79.
Total Lease-Purchase Price: $134,684.25
Total estimated allowable interest for Lease: $ 6,958.54
Grand Total: $141,642.79
Funding Detail:
Fund: 4130 Gas Fund
Organization/Activity: 34190 Gas Engineering Design
Mission Element: 022 Gas Distribution System
Project # (CIP Only): N/A
Account: 530190 Lease-Purchase Payments
RECOMMENDATION:
Staff recommends approval of this motion authorizing the lease-purchase with Silsbee
Ford for two crew cab trucks as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 2020 Ford F-550 Crew Cab 1 $64,865.50 $64,865.50
1 2020 Ford F-550 Crew Cab w/payload package 1 $69,818.75 $69,818.75
$134,684.25
Silsbee Ford
Silsbee, Texas
TOTAL
Price Sheet
Lease Purchase of Two 2020 FORD F550 CREW CAB
Trucks for Gas Department
GOODBUY 20-8F000 VEHICLES
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cynthia Perez
DATE: July 28, 2020
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BillM@cctexas.com
(361) 826-1801
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the lease-purchase of one 2021 Western Star 4700SF dump truck
from Lonestar Freightliner Group, LLC, in an amount of $175,918.42, for Gas Operations
as a replacement unit, effective upon issuance of letter of acceptance with FY 2020
funding available through the Gas Fund in the amount of $5,863.95.
SUMMARY:
This motion authorizes the lease-purchase of one dump truck for Gas Operations as a
replacement unit to the department’s fleet through the BuyBoard Cooperative. This truck
will be utilized by Gas Operations to haul dirt and materials, transport personnel and tools,
plus pull trailers to and from the worksites. The current unit being replaced has exceeded
its service life of seven years.
BACKGROUND AND FINDINGS:
The Gas Operations Department currently has an operational need to lease-purchase a
dump truck. This unit is a replacement unit and has met the expected service life of seven
years. This unit is 11 years old.
This procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured, in compliance with Texas local
and state procurement requirements.
Lease Purchase of One Dump Truck for Gas Operations
AGENDA MEMORANDUM
Action item for the City Council Meeting of August 11, 2020
ALTERNATIVES:
An alternative is not to lease-purchase this truck and continue using the old equipment,
and struggle to meet mission requirements due to the increasing age, repairs and
increase maintenance requirements. This would result in less construction work and less
response to emergency repairs, therefore creating a loss of service to City customers.
FISCAL IMPACT
The fiscal impact for Gas Operations in FY 2020 is an amount of $5,863.95 from the Gas
Fund. The remaining cost of $170,054.47 will be funded through the annual budget
process.
Financing for the lease-purchase of this 2021 Western Star 4700SF dump truck is based
on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated
payment of $35,183.68. The total estimated cost over the five-year period, including
principal of $167,276.00 and interest of $8,642.42 is $175,918.42.
Total Lease Purchase Price: $167,276,00
Total estimated allowable interest for Lease: $ 8,642.42
Grand Total: $175,918.42
Funding Detail:
Fund: 4130 Gas Fund
Organization/Activity: 34130 Gas Construction
Mission Element: 022 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530190 Lease-Purchase Payments
RECOMMENDATION:
Staff recommends approval of this motion authorizing the lease-purchase of one 2021
Western Star 4700SF dump truck with Lonestar Freightliner Group, LLC as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 2021 Western Star 4700SF Dump Truck 1 $167,276.00 $167,276.00
$167,276.00
Lonestar Freightliner Group, LLC
Waco TX
TOTAL
Price Sheet
Lease Purchase of one 2021 Western Star 4700SF Dump Truck
Buy Board # 601-19
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cynthia Perez
DATE: July 28, 2020
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public Works/Street Operations
RichardM5@cctexas.com
(361) 826-3419
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement with Synergy Sweeping Services, LLC
of Corpus Christi, Texas in an amount not to exceed $2,307,576.00 to perform street
sweeping services throughout the City, with funding in an amount of $128,198.67
available through the FY 2020 Storm Water Fund.
SUMMARY:
This motion is to approve a service agreement with Synergy Sweeping Services, LLC to
perform street sweeping services for the City of Corpus Christi. The street sweeping
services will be performed for the City’s arterial & collectors, residential streets, and the
Downtown/Uptown/North Beach area. Additionally, it will cover incidental sweeping such
as for special events and any emergency sweeping.
BACKGROUND AND FINDINGS:
As part of the FY 2020 budget initiatives, the City approved street sweeping services to
be implemented Citywide to increase sweeping of arterial and collector streets and begin
including sweeping of residential streets. Previously, streets sweeping services were
sporadically done on arterial & collectors and Downtown/Uptown/North Beach with no
residential sweeping services. Additionally, it will cover incidental sweeping such as for
special events and any emergency sweeping. This street sweeping services include
scraping of curb & gutters sediment, vegetation and removal of large bulky items. The
street sweeping services will be performed for the City’s arterial & collectors four times a
year for a total of 3,728 miles, residential streets twice a year for a total of 2,956 miles,
and the Downtown/Uptown/North Beach area three times a week for a total of 13,572
Street Sweeping Services Agreement
AGENDA MEMORANDUM
Action Item for the City Council Meeting of August 11, 2020
miles. Collectively there is total of 156 times of sweeping to be conducted annually. This
annual sweeping service cycles total to 20,256 miles annually of Arterial & Collectors,
Residentials and Downtown/Uptown/North Beach streets. Once determine, the sweeping
schedule will be posted on the City’s website in October for public viewing of the ar terials
& collectors, residential streets and the Downtown/Uptown/North Beach streets.
This item will replace the recent contract that expired June 2020. The recommended
Contractor Synergy is the parent company to Coastal Maintenance, Inc. which is the
current contractor.
In 2016, the cost per lane was $58.75 for 7,854 lane miles, currently in 2020 the prices
decreased to $41.50 per lane mile for 20,256 lane miles annually.
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids for a new contract. The City received three responsive, responsible
bids, and is recommending award to the lowest, responsive, responsible bidder, Synergy
Sweeping Services, LLC.
ALTERNATIVES:
The alternative is for the City to purchase the equipment, hire staff and provide training
to perform the work. This will delay daily sweeping expectation for a about two year before
completely having all equipment purchased and personnel trained.
FISCAL IMPACT:
The fiscal impact for FY 2020 is an amount of $128,198.67 with funding available from
the General Fund in the amount of $45,000 with the remaining funds for FY 2020 coming
from the Storm Water Fund. The remaining cost of $2,179,377.33 will be budgeted in
future years during the annual budget process.
Funding Detail
Fund: 4300 Storm Water
Organization/Activity: 32004 Storm Water /Solid Waste
Mission Element: 032 Professional Services
Project # (CIP Only): N/A
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year service agreement
with Synergy Sweeping Services, LLC for street sweeping services as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Bid Tabulation
ITEM Description Unit
Qty
3/Yrs.
Unit
Price Total Price Unit Price Total Price Unit Price Total Price
Section 1 LF Street with
Curb
1 Arterial 4 Cycles @
174=696 Annually
Total
Lane
Miles
2,088 41.50$ 86,652.00$ 63.54$ 132,671.52$ 48.97$ 102,249.36$
2 Collector 4 Cycles
@ 265= 1,060 Annually
Total
Lane
Miles
3,180 41.50$ 131,970.00$ 63.54$ 202,057.20$ 48.97$ 155,724.60$
3 Downtown 156 Cycles
@ 81= 12,636 Annually
Total
Lane
Miles
37,908 35.50$ 1,345,734.00$ 23.96$ 908,275.68$ 45.97$ 1,742,630.76$
4
Residential 2
Cycles @ 1,384=2,768
Annually
Total
Lane
Miles
8,304 41.50$ 344,616.00$ 63.54$ 527,636.16$ 48.97$ 406,646.88$
5
Inside Lane, Turning
Inland 4 Cycles
@ 384 =1,536 Annually
Total
Lane
Miles
4,608 41.50$ 191,232.00$ 63.54$ 292,792.32$ 48.97$ 225,653.76$
2,100,204.00$ 2,063,432.88$ 2,632,905.36$
ITEM Description Unit
Qty
3/Yrs.
Unit
Price Total Price Unit Price Total Price Unit Price Total Price
Section 2 LF Street
without Curb
1 Arterial 4 Cycles @
54=216 Annually
Total
Lane
Miles
648 41.50$ 26,892.00$ 63.54$ 41,173.92$ 48.97$ 31,732.56$
2 Collector 4 Cycles
@ 55= 220 Annually
Total
Lane
Miles
660 41.50$ 27,390.00$ 63.54$ 41,936.40$ 48.97$ 32,320.20$
3 Downtown 156 Cycles
@ 6= 936 Annually
Total
Lane
Miles
2,808 35.50$ 99,684.00$ 23.96$ 67,279.68$ 45.97$ 129,083.76$
4
Residential 2
Cycles @ 94=188
Annually
Total
Lane
Miles
564 41.50$ 23,406.00$ 63.54$ 35,836.56$ 48.97$ 27,619.08$
177,372.00$ 186,226.56$ 220,755.60$
ITEM Description Unit
Qty
3/Yrs.
Unit
Price Total Price Unit Price Total Price Unit Price Total Price
Section 3-Unscheduled
Sweeping
1 Labor Rate Hrs.1,000 10.00$ 10,000.00$ 135.42$ 135,420.00$ 119.97$ 119,970.00$
2 Disposal Tons 500 10.00$ 5,000.00$ 50.00$ 25,000.00$ 52.97$ 26,485.00$
15,000.00$ 160,420.00$ 146,455.00$
ITEM Description Unit
Qty
3/Yrs.
Unit
Price Total Price Unit Price Total Price Unit Price Total Price
Section 4-Spot Scraping
1 Labor Rate Hrs.1,000 10.00$ 10,000.00$ 135.42$ 135,420.00$ 119.97$ 119,970.00$
2 Disposal Tons 500 10.00$ 5,000.00$ 50.00$ 25,000.00$ 52.97$ 26,485.00$
15,000.00$ 160,420.00$ 146,455.00$
Contract Total 2,307,576.00$ 2,570,499.44$ 3,146,570.96$
Sweeping Corporation of
America, Inc.
Seven Hills, OH
Synergy Sweeping Services
Corpus Christi, Texas
Mister Sweeping
Dallas, Texas
City of Corpus Christi
Contracts and Procurement
Department
Buyer : Cynthia Perez
Bid Tabulation
RFB # 3077 Street Sweeping Services
DATE: August 11, 2020
TO: Peter Zanoni, City Manager
FROM: Jim Davis, Director of Asset Management
JimD@cctexas.com
(361) 826-1909
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a purchase of one 2020 Hyster H90FT lift truck forklift from Briggs
Equipment, in an amount of $60,053.12, as a replacement unit for in-house use by the
Asset Management Department, effective upon issuance of letter of acceptance with
funding available through the FY 2020 Fleet Maintenance Fund.
SUMMARY:
This motion authorizes the purchase of one 2020 Hyster H90FT lift truck forklift for Asset
Management through the BuyBoard Cooperative. The 2020 Hyster lift has a 9,000 lb.
capacity and is being purchased through the BuyBoard Cooperative as a replacement
unit.
BACKGROUND AND FINDINGS:
The Asset Management Department has an operational need to purchase one 2020
Hyster H90FT lift truck forklift as a replacement unit to the department’s fleet. The
equipment will be used to facilitate safe repairs of large and heavy parts used to maintain
the City vehicles and equipment brought into Asset Management for service. The forklift
will also be utilized by the Parts Division for loading and unloading large and heavy parts.
This procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured, in compliance with Texas local
and state procurement requirements.
Purchase of One Forklift for Asset Management
AGENDA MEMORANDUM
Action Item for the City Council Meeting of August 11, 2020
ALTERNATIVES:
An alternative is to continue using the older equipment, and struggle to meet mission
requirements due to the increasing age, and increased maintenance requirements.
FISCAL IMPACT:
The fiscal impact for the Asset Management Department in FY 2020 is an amount of
$60,053.12 from the Fleet Maintenance Fund.
Funding Detail:
Fund: 5110 Fleet Maintenance Fund
Organization/Activity: 40170 Fleet Operations
Mission Element: 202 Maintain the Fleet
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of one 2020 Hyster
H90FT lift truck forklift from Briggs Equipment as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 2020 Hyster H90FT Lift Truck, 9,000 lb. capacity 1 $60,053.12 $60,053.12
$60,053.12
BRIGGS EQUIPMENT
Corpus Christi, TX
TOTAL
Price Sheet
Purchase of One Forklift for Asset Management
Buy Board # 597-19
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cynthia Perez
DATE: July 10, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
886-2604
CAPTION:
Resolution authorizing the submission of a grant application for the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program in the amount of $157,601; and
authorizing an Interlocal Agreement with Nueces County for the distribution of JAG
Program funds in an amount of $78,800 to Nueces County should the grant be
awarded and the remaining $78,801 to be used by the City.
SUMMARY:
This item will authorize the submittal of a grant application to the Department of Justice for the
Edward Byrne Memorial Justice Assistance Grant and authorize an Interlocal Agreement with
Nueces County to split the grant award 50/50. The grant is available to the City for the purchase
of law enforcement equipment.
BACKGROUND AND FINDINGS:
Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate
jurisdiction and have agreed to split the funds 50/50 with Nueces County. The JAG funds are
based on Part 1 violent crimes reported by the City and County. The City reports a greater
amount of Part 1 crimes than the County, yet the County is responsible for providing criminal
justice services such as incarceration and prosecution for the City. This 50/50 agreement has
been in place since 2008.
Jurisdictions certified as disparate must submit a joint application for the aggregate of funds
allocated to them, specifying the amount of the funds that are to be distributed to each of the
units of local government and the purposes for which the funds will be used. When beginning
the JAG application process, a Memorandum of Understanding (MOU) must be completed,
signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint
funds. The City and County have agreed that the City will serve as the lead agency. The
Nueces County Commissioners Court approved the interlocal agreement on July 29, 2020.
Approval to submit a grant application to the U.S. Department of Justice for the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an Interlocal
Agreement with Nueces County to Share Grant Funds
AGENDA MEMORANDUM
Action item for the City Council meeting of August 11, 2020
JAG funds can be used for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support, and information systems for criminal justice for any
one or more of the following purpose areas:
Law enforcement programs
Prevention and education programs
Corrections and community corrections programs
Planning, evaluation, and technology improvement programs
Crime victim and witness programs (other than compensation)
Prosecution and court programs
Drug treatment and enforcement programs
With this award, the program has provided a total of $5,685,938 in grant funds to the City since
the program began in 1996. The funds have been used to purchase vehicles and other law
enforcement equipment. The funds awarded in 2020 will be used to purchase tasers, video
equipment, and enhancements to the Department Operations Center.
ALTERNATIVES: Not accept the grant and do not purchase additional law enforcement
equipment.
FISCAL IMPACT:
There is no match required by the City.
Funding Detail:
Fund: 1061 Police Grants Fund
Organization/Activity:
Mission Element: 151 Respond to Calls for law enforcement
Project # (CIP Only):
Account: 520090 Minor Tools and Equipment
RECOMMENDATION:
Staff recommends submitting the application.
LIST OF SUPPORTING DOCUMENTS:
Interlocal agreement with Nueces County
Resolution authorizing submittal of grant application in the amount of
$157,601 for Edward Byrne Memorial Justice Assistance Grant (JAG)
Program with funds to be distributed to the City of Corpus Christi in
the amount of $78,801 and Nueces County in the amount of $78,800;
and authorizing an Interlocal Agreement with Nueces County for
distribution of JAG program funds should the grant be awarded.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or designee is authorized to submit a grant application
in the amount of $157,601 to the US Department of Justice, Bureau of Justice Assistance
for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program FY 20 Local Solicitation with funds to be distributed to the City of Corpus Christi
in the amount of $78,801 and Nueces County in the amount of $78,800 under the
lnterlocal Agreement should the grant be awarded. Grant funds will be used for the
enhancement of law enforcement efforts by the Corpus Christi Police Department and
Nueces County.
SECTION 2. The City Manager or his designee is authorized to execute an lnterlocal
Agreement between the City of Corpus Christi and Nueces County to establish terms to
distribute $78,800 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2020
Local Solicitation to Nueces County.
The above resolution was passed by the following vote:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca L. Huerta Joe McComb
City Secretary Mayor
Corpus Christi, Texas
_________ day of ___________________, 2020
Page 1 of 3
GMS APPLICATION NUMBER __________________________
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENT
COUNTY OF NUECES
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND
THE COUNTY OF NUECES, TEXAS
EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FISCAL YEAR 2020 LOCAL SOLICITATION AWARD
This agreement is made and entered into this _____ day of ________, 2020, by
and between the City of Corpus Christi, acting by and through its governing body,
the City Council (“CITY”), and the County of Nueces, acting by and through its
governing body, the Commissioners Court (“COUNTY”), both of Nueces Co unty,
State of Texas, witness:
WHEREAS, this Agreement is made under the authority of Section 791.011(a),
Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that
party; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the best interests of both parties, that the undertaking will benefit the public, and
that the division of costs fairly compensates the performing party for the services
or functions under this agreement; and
WHEREAS, the CITY and COUNTY have previously entered into an agreement
for disbursement of Fiscal Year 2012, 2013, 2014, 2015, 2016, 2017, 2018 & 2019
JAG funds which is separate from this agreement; and
WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a
current estimate of $78,800, JAG funds received from Fiscal Year 2020 award;
and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to
reallocate the JAG funds.
Page 2 of 3
GMS APPLICATION NUMBER __________________________
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate
of $78,800 of the JAG funds received from this award.
Section 2.
COUNTY agrees to use the fifty percent (50%), or current estimate of $78,800, of
JAG funds received from CITY under this agreement for the enhancement of law
enforcement until September 30, 2023.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUNTY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under this Agreement and shall not be liable for any civil liability that may
arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
Page 3 of 3
GMS APPLICATION NUMBER __________________________
CITY OF CORPUS CHRISTI COUNTY OF NUECES
_______________________ ________________________
Peter Zanoni Barbara Canales
City Manager County Judge
ATTEST:
_______________________ ________________________
Rebecca L. Huerta Kara Sands
City Secretary County Clerk
APPROVED AS TO FORM:
_______________________ ________________________
Gabriel A. Rodriguez Laura Garza Jimenez
Assistant City Attorney County Attorney
For City Attorney
_______________________ ________________________
Date Date
DATE: June 10, 2020
TO: Peter Zanoni, City Manager
FROM: Dan McGinn, AICP, Director, Planning and Environmental
DanielMc@cctexas.com
(361)826-7011
CAPTION:
Resolution authorizing an Interlocal Cooperation Agreement with Nueces County for
reconstruction and annexation of County Road 33
SUMMARY:
The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with
Nueces County for the County Road 33 improvement project.
BACKGROUND AND FINDINGS:
This is a joint city/county project to improve 2,200 linear feet of County Road (CR) 33 north of
Farm to Market Road (FM) 43 (Weber Road). The improved roadway will consist of a two-lane
section with new striping and markings. The existing conditions of County Road 33 are not
adequate to support the current and projected development in the area. The roadway is in poor
condition and narrow in width which could limit access by public service vehicles. London ISD
recently built an elementary school off County Road 33 and the City annexed a proposed single-
family subdivision called London Towne. It is likely that development will continue on CR 33 since
wastewater is now available on both sides of the corridor.
Design and construction will be executed by the County with a reimbursement from the City in an
amount not to exceed $185,620 which represents 50% of the total project cost. The City will take
over future maintenance of the roadway once work is completed by the County.
The next step to implement the CR 33 interlocal agreement will be for the county to officially
submit a request to the city that the ROW for CR 33 be annexed into the City of Corpus
Christi. Once the request is made by the county, the item will be processed under TX local gov.
code requirements which will take approximately 8-10 weeks until it would reach City Council for
approval. The process requires public notification in the newspaper and city website, letters to
service providers in the area, along with a public hearing with the City Council.
Interlocal Agreement to Reconstruct
County Road 33
AGENDA MEMORANDUM
Action Item for the City Council Meeting August 11, 2020
August – receive request for annexation (likely mid to late August)
September- newspapers, letters, etc..
October/November – City Council Action (public hearing/first/second readings)
ALTERNATIVES:
1. Authorize execution of the Interlocal Agreement.
FISCAL IMPACT:
The total amount of the project is estimated at $371,241 which the City and County have agreed
to split evenly with each entity contributing $185,620. This amount will come out of Fiscal Year
2020 from the General Fund, Comprehensive Planning, Professional Services account.
Funding Detail:
Fund: 1020 – General Fund
Organization/Activity: 11455 - Comprehensive Planning
Mission Element: 071 Planning
Project # (CIP Only): N/A
Account: 530000 Professional Services
RECOMMENDATION:
City staff recommends approval of the Interlocal Agreement with Nueces County for design,
construction, and future maintenance of County Road 33
LIST OF SUPPORTING DOCUMENTS:
Resolution
Interlocal Agreement
Exhibit A location map
Resolution authorizing an Interlocal Cooperation Agreement with Nueces
County for reconstruction and annexation of County Road 33
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute an Interlocal
cooperation agreement with the Nueces County relating to the reconstruction and
annexation of County Road 33.
SECTION 2. This Resolution is effective immediately upon passage.
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
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COUNTY ROAD 33 WIDENING PROJECT
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI &
NUECES COUNTY
THE STATE OF TEXAS §
COUNTY OF NUECES §
THIS INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is made by and
between the CITY OF CORPUS CHRISTI, TEXAS (“City”), a Texas municipal corporation and
home-rule city, acting by and through its duly authorized City Manager or designee upon authority
of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS
(“County”), acting by and through its duly authorized County Judge or designee upon authority
of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in
accordance with the provisions of Chapter 791, as amended, Texas Government Code.
WITNESSETH
WHEREAS, for the mutual benefit of the parties and the residents of the City and County,
the City and County desire reconstruction of County Road 33 to widen to 20 feet base material
where right of way permits (“"Project,"”);
WHEREAS, Texas Government Code Section 791.028 authorizes the City and County
to enter into this Agreement;
WHEREAS, the County has expressed an interest in reconstructing and widening county
road 33; and
WHEREAS, the City has expressed an interest in contributing to construction and
annexing County Road 33.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter
set forth, the City and the County do agree as follows:
AGREEMENT
SECTION 1. PURPOSE FOR PARTICIPATION.
For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces
County, Texas, City and County desire to outline the terms by which each party will contribute
to the Project.
SECTION 2. OBLIGATIONS OF CITY AND COUNTY.
For and in consideration of the covenants and agreements of the parties set forth herein, City
and County agree to participate in the reconstruction and widening of the 2,200 linear feet of
County Road 33, starting from Farm to Market Road 43 northerly.
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(1) Funding. City agrees to pay $185,500 to the County for construction costs
associated with the reconstruction and widening of County Road 33, starting at FM 43
northly 2,200 linear feet to the width of 20 feet base material where right-of way
permits.
(2) Construction. The County will reconstruct 2,200 linear feet of County Road 33 north
of FM 43. The County will construct County Road 33 to the width of 20 feet base
material where right-of way permits. County will construct County Road 33 to City
specification for City Rural roads. (8” base with 2 course chip seal)
(3) Payment Dates. County shall invoice City for $185,500 upon completion of the 2,200
linear feet of County Road 33 at 20 feet wide base material. City will pay County within
30 days from the date of receipt of County’s invoice.
SECTION 3. ACCEPTED PUBLIC STREETS AT TIME OF ANNEXATION BY CITY.
The City will maintain and repair County Road 33 north of FM 43 at the time of annexation
by the City.
SECTION 4. ANNEXATION
The City agrees to annex County Road 33 north of FM 43 upon completion of reconstruction.
County agree to petition and consents to annexation of County Road 33 north of FM 43 per Texas
Government Code § 43.1055.
SECTION 5. TERM OF AGREEMENT.
The term of this Agreement shall be from the date signed and authorized by the parties until
final completion of the Project. This Agreement may be extended upon written agreement of
the parties; however the parties hereby agree to automatically extend this Agreement beyond
the Term for as long as necessary if delays or problems in the Project occur.
SECTION 6. MISCELLANEOUS.
a) Payments. Any payment made by either party hereto for any of the services provided
pursuant to this Agreement shall be made out of current revenues available to the
County and City as required by Chapter 791, Texas Government Code, or any other
manner permitted by law, as permitted by and in accordance with Section 791.028, as
amended, Texas Government Code.
b) Severability. In the event any term, covenant or condition herein contained shall be
held to be invalid by any court of competent jurisdiction, such invalidity shall not affect
any other term, covenant or condition herein contained, provided that such invalidity
does not materially prejudice either County or City in their respective rights and
obligations contained in the valid terms, covenants or conditions hereof.
c) Entire Agreement. This Agreement merges the prior negotiations and understandings
of the parties hereto and embodies the entire agreement of the parties, and there are
no other agreements, assurances, conditions, covenants (express or implied) or other
terms with respect to the covenants, whether written or verbal, antecedent or
contemporaneous, with the execution hereof.
3 of 4
d) Written Amendment. This Agreement may be amended only by written instrument
duly executed on behalf of each party. The authorized representatives may execute
minor amendments without obtaining prior approval from their respective governi ng
bodies if the minor amendment would change neither the amounts nor the
responsibilities agreed to by either party under this original Agreement.
e) Notices. All notices required or permitted must be in writing and will be deemed
delivered when actually received or, if earlier, on the fifth business day (5th) following
deposit in a United States Postal Service post office or receptacle with proper postage
affixed, certified mail, return receipt requested, addressed to the respective other party
at the address prescribed below, or at such other address as the receiving party may
have prescribed by notice to the sending party. The initial addresses of the parties,
which one party may change by giving written notice of its changed address to the
other party, are as follows:
CITY COUNTY
City of Corpus Christi Nueces County
Attn: Director, Engineering Services Attn: County Engineer
1201 Leopard St., 3rd floor 901 Leopard St.
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
w/ copy to: w/ copy to:
Richard Martinez Barbara Canales
Director of Public Works/Streets County Judge
PO Box 1541 /1201 Leopard, 901 Leopard Room 303
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
f) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of
the agreements herein or to exercise any rights or remedies accruing hereunder upon
default or failure of performance shall not be considered a waiver of the right to insist
on, and to enforce by any appropriate remedy, strict compliance with any other
obligation hereunder or to exercise any right or remedy occurring as a result of any
future default or failure of performance.
g) Successors. This Agreement shall bind and benefit the parties and their legal
successors. This Agreement does not create any personal liability on the part of any
officer or agent of the City of Corpus Christi, or any officer, agent or employee of the
City, or any County Commissioner, officer, agent or employee of the County.
h) No Waiver of Immunity. No party waives or relinquishes any immunity or defense on
behalf of itself, its officers, employees, agents and representatives as a result of its
executing this Agreement and performance of its covenants.
i) No Third Party Beneficiaries. No provision of this Agreement is intended or may be
construed to confer upon or give to any person or entity other than the signatories to
this Agreement any rights, remedies or other benefits under or by reason of this
Agreement.
4 of 4
IN WITNESS HEREOF, the City and County have made and executed this Agreement.
CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS
_______________________________ ____________________________
Richard Martinez. Date Barbara Canales Date
Director of Public Works/Streets County Judge
ATTEST:
____________________________
Rebecca Huerta Date Kara Sands Date
City Secretary County Clerk
Approved as to Form:
____________________________
City Attorney County Attorney
London HS
CR 33 - FM 43 to New London School 2,200 ftC3C1A3
C3
C3 C3
C3A3
0 500 1,000250Feet
1 inch = 500 feet ¯
Legend
City Lim its
Transportation Plan Type
Primary Arterial - Existing (A3)
Primary Arterial - Proposed (A3)
Minor C ollector - Existing (C1)
Minor C ollector - Proposed (C1)
Major C ollector - Existing (C3)
Major C ollector - Existing (C3)
County Road 33 - Proposed Improvements
DATE: July 20, 2020
TO: Peter Zanoni, City Manager
FROM: Keith Selman, Assistant City Manager
KeithSe@cctexas.com
(361) 826 - 3898
CAPTION:
Resolution to create and enter the Harbor Bridge Right-of-Way Coalition to be made up
of three representatives of the City of Corpus Christi, three representatives of Nueces
County, three representatives of the Port of Corpus Christi Authority, one representative
of the Downtown Management District, and one representative of the Metropolitan
Planning Organization.
SUMMARY:
As construction of the new bridge is underway, public agencies saw the opportunity for
redevelopment and placemaking within the old harbor bridge right-of-way in downtown
Corpus Christi. To date there have been two meetings over the past year to define
priorities and needs across the represented organizations. Finalized plans will be
created and implemented in concert after the demolition of the old bridge.
BACKGROUND AND FINDINGS:
The Harbor Bridge Right-of-Way Coalition is made up of public agencies in Nueces
County that have an interest in the redevelopment of the old Harbor Bridge right-of-way,
specifically the City of Corpus Christi, Nueces County, Port of Corpus Christi Authority,
Corpus Christi Downtown Management District and the Corpus Christi Metropolitan
Planning Organization. A total of 11 members will be appointed to serve on this coalition
including:
(3) appointees from the City of Corpus Christi (to be appointed by the City
Manager)
(3) appointees from County Judge of Nueces County (to be appointed by the
County Judge)
(3) appointees from Port of Corpus Christi Authority (to be appointed by the Chief
To Create and Enter the Harbor Bridge Right-of-Way Coalition
AGENDA MEMORANDUM
Action Item for the City Council Meeting August 11, 2020
Executive Officer)
Executive Director of the Corpus Christi Downtown Management District
Transportation Planning Director of the Corpus Christi Metropolitan Planning
Organization
ALTERNATIVES:
The alternative is to not support the coalition and operate independent of the other
public agencies.
FISCAL IMPACT:
There is no fiscal impact for this item.
RECOMMENDATION:
Staff recommends approval of this resolution to create and enter the Harbor Bridge
Right-of-Way Coalition.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Resolution to Create and Enter the Harbor Bridge Right-of-Way Coalition
WHEREAS, the demolition of the Harbor Bridge creates an opportunity for redevelopment
and placemaking within the vacated right-of-way in downtown Corpus Christi;
WHEREAS, local governmental entities intend to capitalize on this opportunity to create
world-class destinations that enrich the lives of residents and contribute to the local
economy;
WHEREAS, local governmental entities and members of the state legislative dele gation
have met twice over the past year to define shared needs, priorities, and critical path
process for collaborative redevelopment of the right-of-way;
WHEREAS, local governmental entities must begin the planning and design for this
redevelopment so that the projects are shovel-ready and redevelopment activities can
begin immediately after the Harbor Bridge is demolished and right-of-way is deemed
surplus;
WHEREAS, local entities must have clarity and confidence about the spatial extent, time
frame, and cost of right-of-way availability to be able to plan and design these
redevelopment initiatives; and
WHEREAS, Chapter 202 of the Transportation Code makes provisions for the transfer of
highway right-of-way to a local governmental entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
1. That we support the formation of the Harbor Bridge Right-of-Way Coalition
(“Coalition”) by the public agencies in Nueces County that have an interest in the
redevelopment of the old Harbor Bridge right-of-way, inclusive of the City of Corpus
Christi, Nueces County, Port of Corpus Christi Authority of Nueces County, Texas,
Corpus Christi Downtown Management District and the Corpus Christi
Metropolitan Planning Organization.
a. The City of Corpus Christi shall be represented by the City Manager who
may appoint up to three representatives.
b. Nueces County shall be represented by the County Judge who may appoint
up to three representatives.
c. The Port of Corpus Christi Authority shall be represented by its Chief
Executive Officer who may appoint up to three representatives.
d. The Corpus Christi Downtown Management District shall be represented by
its Executive Director.
e. The Corpus Christi Metropolitan Planning Organization shall be
represented by its Transportation Planning Director.
2. That we support the continued, active coordination among Coalition member
entities to:
a. Delineate the portions of the State-owned right-of-way in which each
member has a vested interest.
b. Coordinate urban planning, design, and redevelopment initiatives.
3. That we support active coordination between the Coalition and TxDOT -CRP
District and TxDOT Real Estate Division to facilitate the transfer to the appropriate
local government entity or entities of those portions of the Harbor Bridge right-of-
way that do not automatically revert to the original grantors of the right-of-way.
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
DATE: June 30, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
CAPTION:
Zoning Case No. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at
or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home
District to the “IH” Heavy Industrial District.
SUMMARY:
The purpose of the zoning request is to allow for the extraction of sand and dirt material
and conduct concrete recycling.
BACKGROUND AND FINDINGS:
The subject property is 80.86 acres in size. The subject property is currently zoned “IL” Light
Industrial District and “RMH” Manufactured Home District and consists of vacant land and an
existing resource extraction site approved by Special Permit for constructed in 2015.
Conformity to City Policy
The subject property is located within the boundaries of the Corpus Christi Airport Area
Development Plan and is planned for a light industrial use. The proposed rezoning to the “IH”
Heavy Industrial is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the
existing business is operating under a Special Permit and has not demonstrated a negative impact
to surrounding uses with performance standards in place.
Public Input Process
Number of Notices Mailed
32 within 200-foot notification area
6 outside notification area
As of June 19, 2020:
In Favor
5 inside notification area
1 outside notification area
In Opposition
4 inside notification area
0 outside notification area
Rezoning a property at or near 7585 Leopard Street
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance for the City Council Meeting 08/11/20
Second Reading Ordinance for the City Council Meeting 08/18/20
Totaling 2.24% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended denial of the change of zoning from the “IL” Light Industrial
District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District, in lieu
thereof, approval of the “IL/SP” Light Industrial District with a Special Permit (SP) with conditions
on June 24, 2020.
ALTERNATIVES:
1. Approval of the change of zoning from the “IL” Light Industrial District and “RMH”
Manufactured Home District to the “IH” Heavy Industrial District. (3/4 vote required to
overrule the recommendation of the Planning Commission).
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends denial of the zoning request but supports the Planning Commission June 24
approval of “IL/SP” Light Industrial District with a Special Permit (SP)” with the following
conditions:
Use Regulation: The only use permitted under this Special Permit, other than those
allowed by right in the “IL” Industrial District, is resource extraction as described herein;
the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the
storage of equipment and structures necessary to conduct operations and a concrete
recycling facility.
Erosion and Dust Control: Erosion and dust control shall be in accordance with all City,
State, and Federal requirements and specifications.
Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M.
and 6:00 P.M.
Restoration: The site shall be restored to condition previous to the excavation use upon
expiration of the Special Permit.
Time Limit: The Special Permit will expire in one year from the date of the approved
ordinance unless an excavation permit application has been applied for. Applicable
permits shall be applied for within one year of approval of the Special Permit or the
Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a
period of six (6) months shall cause the Special Permit to expire. The Special Permit
shall expire in ten years unless a time extension is approved by the City Council or upon
termination of the excavation permit.
Planning Commission recommended denial of the change of zoning from the “IL” Light Industrial
District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District with following
vote count.
Vote Count:
For: 9
Opposed: 0
Absent: 0
Abstained: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0620-01, Camacho Resources, LLC (District 1).
Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light
Industrial District and “RMH” Manufactured Home District to the “IH” Heavy
Industrial District.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as being an 80.863 acre tract comprised of Tract 1, 4.00 acres
described in deed recorded in Document No. 2014038168, Deed Records of Nueces
County, Texas, Tract 2, 15.00 acres described in a deed recorded in Document No.
2013050881, Deed Records of Nueces County, Texas, Tract 3, 20.00 acres described in
a deed recorded in Document No. 2012013727, Deed Records of Nueces County, Texas,
Tract 4, 15.85 acres described in a deed recorded in Document No. 2013050881, Deed
Records of Nueces County, Texas, and Tract S, 25.00 acres described in a deed recorded
in Document No. 2014035087, Deed Records of Nueces County, Texas as shown in
Exhibit “A”:
from the “IL” Light Industrial District and “RMH” Manufactured Home District to the
“IH” Heavy Industrial District.
The subject property is located at or near 7585 Leopard Street. Exhibit A, which is the
Metes and Bounds of the subject property with an associated map attached to and
incorporated in this ordinance.
Page 2 of 6
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 3 of 6
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 4 of 6
Exhibit A
Page 5 of 6
Page 6 of 6
Zoning Case No. 0620-01, Camacho Resources, LLC (District 1).
Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light
Industrial District and “RMH” Manufactured Home District to the “IL/SP” Light
Industrial District with a Special Permit.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as being an 80.863 acre tract comprised of Tract 1, 4.00 acres
described in deed recorded in Document No. 2014038168, Deed Records of Nueces
County, Texas, Tract 2, 15.00 acres described in a deed recorded in Document No.
2013050881, Deed Records of Nueces County, Texas, Tract 3, 20.00 acres described in
a deed recorded in Document No. 2012013727, Deed Records of Nueces County, Texas,
Tract 4, 15.85 acres described in a deed recorded in Document No. 2013050881, Deed
Records of Nueces County, Texas, and Tract S, 25.00 acres described in a deed recorded
in Document No. 2014035087, Deed Records of Nueces County, Texas as shown in
Exhibit “A”:
from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IL/SP”
Light Industrial with a Special Permit.
The subject property is located at or near 7585 Leopard Street. Exhibit A, which is the
Metes and Bounds of the subject property with an associated map attached to and
incorporated in this ordinance.
Page 2 of 6
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner following the conditions listed below:
1. Use Regulation: The only use permitted under this Special Permit, other than those
allowed by right in the “IL” Industrial District, is resource extraction as described
herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses
including the storage of equipment and structures necessary to conduct operations
and a concrete recycling facility.
2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all
City, State, and Federal requirements and specifications.
3. Hours of Operation: Hours of operation shall be limited to the hours between 6:00
A.M. and 6:00 P.M.
4. Restoration: The site shall be restored to condition previous to the excavation use
upon expiration of the Special Permit.
5. Time Limit: The Special Permit will expire in one year from the date of the approved
ordinance unless an excavation permit application has been applied for. Applicable
permits shall be applied for within one year of approval of the Special Permit or the
Special Permit shall expire in accordance with the UDC. Discontinuance of the use
for a period of six (6) months shall cause the Special Permit to expire. The Special
Permit shall expire in ten years unless a time extension is approved by the City
Council or upon termination of the excavation permit.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
Page 3 of 6
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 4 of 6
Exhibit A
Page 5 of 6
Page 6 of 6
PLANNING COMMISSION FINAL REPORT
Case No. 0620-01
INFOR No. 20ZN1012
Planning Commission Hearing Date: June 24, 2020 Applicant & Legal Description Owner: Camacho Resources, LLC
Applicant: Camacho Resources, LLC
Location Address: 7585 Leopard Street
Legal Description: Being an 80.863 acre tract comprised of Tract 1, 4.00 acres
described in deed recorded in Document No. 2014038168, Deed Records of
Nueces County, Texas, Tract 2, 15.00 acres described in a deed recorded in
Document No. 2013050881, Deed Records of Nueces County, Texas, Tract 3,
20.00 acres described in a deed recorded in Document No. 2012013727, Deed
Records of Nueces County, Texas, Tract 4, 15.85 acres described in a deed
recorded in Document No. 2013050881, Deed Records of Nueces County,
Texas, and Tract S, 25.00 acres described in a deed recorded in Document No.
2014035087, Deed Records of Nueces County, Texas, located along the south
side of Leopard Street, east of Rhew Road, and west of Cathead Road. Zoning Request From: “IL” Light Industrial District and “RMH” Manufactured Home District
To: “IH” Heavy Industrial District
Area: 80.863 acres
Purpose of Request: To allow for the extraction of sand and dirt material
and conduct concrete recycling. Existing Zoning and Land Uses Existing Zoning District Existing
Land Use
Future
Land Use
Site “IL” Light Industrial and
“RMH” Manufactured Home Vacant Light Industrial
North “IL” Light Industrial Public/Semi-Public
and Light Industrial Light Industrial
South “IL” Light Industrial Vacant Light Industrial
East “IL” Light Industrial Vacant and
Light Industrial Light Industrial
West “IL” Light Industrial Vacant and
Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries
of the Corpus Christi Airport Area Development Plan and is planned for a light
industrial use. The proposed rezoning to the “IH” Heavy Industrial District is
inconsistent with the adopted Comprehensive Plan (Plan CC). However, the
existing business is operating under a Special Permit and has not demonstrated
a negative impact to surrounding uses.
Map No.: 055046
City Council District: 1
Zoning Violations: None
Staff Report
Page 2
Transportation Transportation and Circulation: The subject property has approximately 250
feet of street frontage along Leopard Street which is designated as a “A2”
Secondary Arterial Street, approximately 225 feet of street frontage along
Sedwick Road which is designated as a “A1” Minor Arterial Street, and 900 feet
of street frontage along Rhew Road which is designated as a “C3” Primary
Collector Street. According to the Urban Transportation Plan, “A2” Secondary
Arterial Streets can convey a capacity between 20,000 to 32,500 Average Daily
Trips (ADT). Street R.O.W. Street
Urban
Transportation
Plan Type
Proposed
Section
Existing
Section
Traffic
Volume
Leopard
Street
“A2” Secondary
Arterial
100’ ROW
54’ paved
152’ ROW
85’ paved
8,411 ADT
(2014)
Rhew Road “C3” Primary
Collector
75’ ROW
50’ paved
68’ ROW
44’ paved N/A
Sedwick
Road “A1” Minor Arterial 95’ ROW
64’ paved
60’ ROW
26’ paved N/A
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the “IL” Light Industrial
District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District to
allow for the extraction of sand and dirt material and to conduct concrete recycling.
Development Plan: The subject property is 80.863 acres in size. The applicant has not
submitted any specific plans. However, the existing Special Permit has allowed for the
operations of extracting of sand and dirt materials since 2015.
Existing Land Uses & Zoning: The subject property is currently zoned “IL” Light
Industrial District and “RMH” Manufactured Home District and consists of vacant land and
an existing resource extraction site approved by Special Permit in 2015. The property
was annexed in 1962. To the north across Leopard Street are vacant properties zoned
“IL” Light Industrial District. To the south are vacant properties zoned “IL” Light Industrial
District. To the east and west are industrial businesses zoned “IL” Light Industrial District.
AICUZ: The subject property is not located in one of the Navy’s Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is unplatted.
Utilities:
Water: 8-inch ACP line located along Leopard Street.
Wastewater: 10-inch PVC line located along Rhew Road.
Gas: Not Available.
Storm Water: 15-inch line running to Leopard Street.
Staff Report
Page 3
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a
light industrial use. The proposed rezoning to the “IH” Heavy Industrial is inconsistent with
the adopted Comprehensive Plan (Plan CC). However, the existing business is operating
under a Special Permit and has not demonstrated a negative impact to surrounding uses
with performance standards in place. The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas
(Future Land Use, Zoning, and Urban Design Policy Statement 1).
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational needs,
and characteristics of each use (Future Land Use, Zoning, and Urban Design
Policy Statement 1).
Department Comments:
• The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan
CC). However, the existing business is operating under a Special Permit and has not
demonstrated a negative impact to surrounding uses with the special permit's
performance standards in effect.
• The original application for a Special Permit was for the continued use of the property
as a resource extraction use, specifically the extraction of sand, gravel, dirt,
stockpiling thereof and accessory uses including the storage of equipment and
structures necessary to conduct operations. Additionally, a concrete batching plat
was operating on-site.
• Allowing the proposed heavy industrial use by Special Permit is appropriate at this
location given the industrial zoning and uses of the surrounding area and the planned
industrial uses in the Future Land Use Plan. However, the granting of the “IH” Heavy
Industrial District would not be appropriate as the district allows additional uses by-
right that are incompatible with surrounding uses.
• The application is consistent with the Special Permit review criteria set forth in the
Unified Development Code Section 3.6.3 B.
• Permits from the Texas Commission on Environmental Quality (TCEQ) will ensure
operations are conducted in an environmentally sound manner. Corpus Christi
International Airport operations are protected through the Special Permit conditions
addressing dust.
• The use of the land permitted through a Special Permit can be subject to a time limit
to allow future review of the use and to ensure its compatibility with the neighborhood.
• The applicant plans to continue operations as deemed by the Special Permit for the
purpose of site restoration, as per the conditions of the original Special Permit.
Planning Commission and Staff Recommendation (June 24, 2020):
Denial of the change of zoning from the “IL” Light Industrial District and “RMH”
Manufactured Home District to the “IH” Heavy Industrial District, in lieu thereof, approval
of the “IL/SP” Light Industrial District with a Special Permit (SP) with the following
conditions.
1. Use Regulation: The only use permitted under this Special Permit, other than those
allowed by right in the “IL” Industrial District, is resource extraction as described
Staff Report
Page 4
herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses
including the storage of equipment and structures necessary to conduct operations
and a concrete recycling facility.
2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all
City, State, and Federal requirements and specifications.
3. Hours of Operation: Hours of operation shall be limited to the hours between 6:00
A.M. and 6:00 P.M.
4. Restoration: The site shall be restored to condition previous to the excavation use
upon expiration of the Special Permit.
5. Time Limit: The Special Permit will expire in one year from the date of the approved
ordinance unless an excavation permit application has been applied for. Applicable
permits shall be applied for within one year of approval of the Special Permit or the
Special Permit shall expire in accordance with the UDC. Discontinuance of the
use for a period of six (6) months shall cause the Special Permit to expire. The
Special Permit shall expire in ten years unless a time extension is approved by the
City Council or upon termination of the excavation permit.
Public Notification Number of Notices Mailed – 32 within 200-foot notification area
6 outside notification area
As of June 19, 2020:
In Favor – 5 inside notification area
– 1 outside notification area
In Opposition – 4 inside notification area
– 0 outside notification area
Totaling 2.24% of the land within the 200-foot notification area in opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0620-01 Camacho Resources,
LLC/Council Documents/Report - Camacho Resources, LLC.docx
Staff Report
Page 5
Staff Report
Page 6
Staff Report
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Staff Report
Page 8
Staff Report
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Staff Report
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Staff Report
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Staff Report
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Staff Report
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Staff Report
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Camacho Resources, LLC
Rezoning for a Property at 7585 Leopard Street
From “IL” and “RMH” To “IH”
Zoning Case #0620-03
N
City Council
August 11, 2020
2
Aerial Overview
3
Zoning Pattern
4
Staff Recommendation
Denial of the
“IH” Heavy Industrial District
In lieu thereof,
Approval of the “IL/SP” Light Industrial
District with a Special Permit
5
SP Conditions
1.Use Regulation: The only use permitted under this Special Permit, other than those
allowed by right in the “IL” Industrial District, is resource extraction as described
herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses
including the storage of equipment and structures necessary to conduct operations
and a concrete recycling facility.
2.Erosion and Dust Control: Erosion and dust control shall be in accordance with all
City, State, and Federal requirements and specifications.
3.Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M.
and 6:00 P.M.
4.Restoration: The site shall be restored to condition previous to the excavation use
upon expiration of the Special Permit.
5.Time Limit: The Special Permit will expire in one year from the date of the approved
ordinance unless an excavation permit application has been applied for. Applicable
permits shall be applied for within one year of approval of the Special Permit or the
Special Permit shall expire in accordance with the UDC. Discontinuance of the use for
a period of six (6) months shall cause the Special Permit to expire. The Special
Permit shall expire in ten years unless a time extension is approved by the City
Council or upon termination of the excavation permit.
6
Public Notification
32 Notices mailed inside 200’ buffer
6 Notices mailed outside 200’ buffer
Notification Area
Opposed: 4 (2.24%)
In Favor: 5
XXXX
TM ISD-In Favor
OOOOO
7
UDC Requirements
Buffer Yards:
IH to IL: Type A: 10-feet & 5-points
Setbacks:
Street: 20 feet
Side & Rear: 0 feet
Parking:
1:700 GFA (Office)
1:2,500 GFA (Indoor Storage)
Landscaping, Screening, and Lighting
Standards
Uses Allowed: Uses Allowed: Offices,
Medical, Restaurants, Retail, Light
Industrial, and Social Service.
8
Utilities
Water:
8-inch ACP
Wastewater:
10-inch PVC
Gas:
N/A
Storm Water:
15-inch line
DATE: July 31, 2020
TO: Peter Zanoni, City Manager
THROUGH: Steven Viera, Assistant City Manager
Constance P. Sanchez, CFO
FROM: Heather Hurlbert, Director of Finance and Business Analysis
heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi
as a Tax Increment Financing District to be known as "Reinvestment Zone Number
Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown
Commons subdivision; setting a maximum City financial participation of 75% over
20 years and a maximum contribution of $9,000,000; and establishing a Board of
Directors for the Reinvestment Zone.
SUMMARY:
Per Tax Code 311.011(e), this Ordinance and public hearing will designate the reinvestment zone
for tax increment financing purposes and create the Board of Directors for the reinvestment zone.
Staff has prepared a preliminary reinvestment zone project and financing plan, a copy of which is
attached to and incorporated into this ordinance as Exhibit C.
BACKGROUND:
On July 14, 2020, a presentation was made to the City Council that provided an overview of the
developer-petitioned Tax Increment Reinvestment Zone (TIRZ) (Ch 311 Tax Code) for developer
reimbursement of street, sewer, stormwater and water infrastructure and development and
subsequent maintenance of a 10-acre park. The proposed development will have 999 multi-family
units, 777 townhomes, and 450,000 sq./ft of commercial space. The proposed 258.9-acre
development is located on the southwest corner of South Padre Island Drive (SPID) and
Crosstown Expressway and is currently used primarily for agricultural purposes. The
reimbursement of the infrastructure costs will be from 75% of the ad valorem taxes (excluding the
City’s 2+2+2 residential street tax) generated by the increment above the base value of $825,943
for the 258.9 acres. The TIRZ will exist until the infrastructure costs are reimbursed in an amount
not to exceed $17,000,000 to the developer or a maximum of 20 years, whichever is less.
In addition to the City, Nueces County and Del Mar College are being asked to participate in the
Ordinance designating a Reinvestment Zone Number Five
on the southwest corner of South Padre Island Drive and Crosstown Expressway
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance City Council Meeting August 11, 2020
Reinvestment Zone. The Developer will be meeting with these entities and if they decide to
participate, the City will enter into an interlocal agreement with each entity.
Board Appointments:
As per the Tax Increment Financing Act, Chapter 311, of Texas Tax Code ("Act"), the Board
members for TIRZ #5 will consist of:
One representative appointed by each participating taxing entity other than the City
A member of the State Senate and a member of the State House of Representatives in
whose district the zone is located or their designee
Up to five landowners, or their agent, as appointed by City Council
All members appointed by the Board must meet eligibility requirements as set forth in the Act.
ALTERNATIVES:
N/A
FISCAL IMPACT:
The fiscal impact of the recommended SPID & Crosstown TIRZ would be as follows:
An estimated $320 million of commercial and residential development in land that is
currently used for agricultural purposes
Reimbursements to the developer for street, sewer, stormwater and water infrastructure
and development and subsequent maintenance of a 10-acre park from the City’s ad
valorem taxes generated from the increment above the current base value;
20 years of participation at 75% of the ad valorem taxes generated from the increment
above the current base value excluding the City’s 2+2+2 residential street tax
The reimbursement to the developer will not exceed $17,000,000 and the City’s
contribution to the TIRZ will not exceed $9,000,000.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
Recommend approval of the creation of the Reinvestment Zone Number Five.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
TIRZ #5 Buildout Schedule
TIRZ #5 Increment Summary
Ordinance designating 258.9 acres within the jurisdiction of the City of
Corpus Christi as a Tax Increment Financing District to be known as
"Reinvestment Zone Number Five, City Of Corpus Christi, Texas"
pursuant to petition by owners of Crosstown Commons subdivision;
setting a maximum City financial participation of 75% over 20 years and
a maximum contribution of $9,000,000; and establishing a Board of
Directors for the Reinvestment Zone.
WHEREAS, the Texas Legislature has authorized cities to establish reinvestment
zones by its enactment of the Tax Increment Financing Act, Chapter 311, Texas Tax
Code ("Act");
WHEREAS, the owner of the Crosstown Commons subdivision has petitioned the
City of Corpus Christi (”City”) to establish a reinvestment zone ("Zone"), as authorized by
section 311.005(a)(4) of the Act, within the area of the City as described in Exhibit "A,"
and depicted by map in Exhibit "B," which exhibits are attached to and incorporated into
this ordinance; and the City has determined that the petition complies with all
requirements of the Act;
WHEREAS, the City has prepared a preliminary reinvestment zone financing plan,
a true and correct copy of which is attached to and incorporated into this ordinance as
Exhibit "C," and has taken and shall take all other actions required under Section 311.003
of the Act;
WHEREAS, the preliminary reinvestment zone financing plan provides that the ad
valorem taxes of the City constituting its tax increment are to be deposited into the Tax
Increment Fund created by this ordinance, and that ad valorem taxes of any other taxing
units constituting their respective tax increments may also be utilized for the purposes
described in the preliminary financing plan;
WHEREAS, in compliance with the Act, the City called a public hearing to hear
public comment on the creation of the proposed zone and its benefits to the City and the
property in the proposed zone;
WHEREAS, in compliance with the Act, notice of the public hearing was published
in the Corpus Christi Caller-Times, a daily newspaper having general circulation in the
City, the publication date being not later than seven days prior to the date of the public
hearing;
WHEREAS, the hearing was convened at the time and place mentioned in the
published notice, to-wit, on August 11, 2020, at the Regular Meeting of the City Council
commencing at 11:30 a.m., at the City Hall of the City, which hearing was conducted , in
accordance with the Texas Open Meetings Act and emergency procedures related to the
COVID-19 pandemic that were approved by the Governor of the State of Texas, and then
closed;
WHEREAS, the City, at the hearing, invited and permitted any interested person
to speak for or against the creation of the zone, its boundaries, and the concept of tax
increment financing;
WHEREAS, all owners of property located within the proposed zone were given a
reasonable opportunity to protest the inclusion of the property in the proposed zone;
WHEREAS, City Council considered all information provided to it relevant to the
merits of creating the zone, consistent with the criteria in Chapter 311; and
WHEREAS, all requirements of the Act have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. FINDINGS. The City Council, after conducting the above-described public
hearing and having heard all evidence and testimony, makes the following findings and
determinations based on the evidence and testimony presented to it:
(a) That the facts and recitations contained in the preamble of this Ordinance
are hereby found and declared to be true and correct and are adopted as part of
this Ordinance for all purposes.
(b) That the Zone is a contiguous geographic area located wholly within the
corporate limits of the City.
(c) That the proposed zone meets the criteria and requirements of Texas Tax
Code §311.005 because the Zone is an area described in a petition requesting
that the area be designated as a reinvestment zone by the owners of property
constituting at least 50 percent of the appraised value of the property in the area
according to the most recent certified appraisal roll for the county in which the area
is located.
(d) That the total appraised value of taxable real property in the proposed
reinvestment zone and in existing reinvestment zones within the City according to
the most recent appraisal rolls for the City, does not exceed 25 percent of the
current total appraised value of taxable real property in the City and in the industrial
districts created by the City.
(e) That the improvements to be implemented in the proposed zone will
significantly enhance the value of all taxable real property in the proposed zone
and will be of general benefit to the City.
(f) The development or redevelopment of the property in the proposed zone
will not occur solely through private investment in the reasonably foreseeable
future.
SECTION 2. DESIGNATION AND NAME OF THE ZONE. The City Council designates
as a reinvestment zone the area described by the metes and bounds in Exhibit "A" and
depicted by map in Exhibit "B" to promote development and redevelopment of the area,
which development or redevelopment the City Council determines will not occur solely
through private investment in the reasonably foreseeable future. The reinvestment zone
shall be identified as Reinvestment Zone Number Five, City of Corpus Christi, Texas"
("Zone" or "Reinvestment Zone"). The Zone shall be informally referred to as TIRZ #5
(BoCo).
SECTION 3. BOARD OF DIRECTORS. That a Board of Directors for the Zone (the
"Board") is established, which consists of up to 9 members. The Board shall be appointed
as follows:
(a) Under Section 311.009(b), Tax Code, the respective governing bodies of
each taxing unit other than the City each may appoint one member of the Board if
the taxing unit has approved the payment of all or part of the tax increment
produced by the unit into the tax increment fund for the zone . Each governing
body may waive its right to appoint a director and is deemed to have waived the
right if it has not made the appointment within thirty days of receiving written notice
of its right to appoint.
(b) The member of the state senate in whose district the zone is located is a
member of the board, and the member of the state house of representatives in
whose district the zone is located is a member of the board, except that either may
designate another individual to serve in the member's place at the pleasure of the
member.
(c) The remaining members of the Board are appointed by the City Council of
the City. All members appointed by the Board must meet eligibility requirements,
as set forth in the Act.
(d) Terms of Board members, except for the members of the state senate and
state house of representatives, are two years. Officers must be appointed as
provided in the Act.
(e) The Board shall make recommendations to the City Council concerning the
administration of the Zone. The Board shall prepare and adopt a project plan and
reinvestment zone financing plan for the Zone and submit the plans to the City
Council for its approval under Section 311.011, Texas Tax Code. The Board shall
exercise other powers and responsibilities with respect to the Zone only to the
extent expressly granted by the City Council by ordinance or resolution.
SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon
the passage of this Ordinance. Termination of the Zone occurs on December 31, 2040,
at an earlier or later time designated by subsequent ordinance of the City Council, at the
time as all project costs, and all tax increment bonds and interest on any bonds, have
been paid in full, or at the time that the total amount of increment collected from all
participating tax entities reaches the maximum increment collection of $17,000,000.
SECTION 5. TAX INCREMENT BASE. That the Tax Increment Base of the City or any
other taxing unit participating in the Zone is the total appraised value of all real property
taxable by the City or other taxing unit participating in the Zone and lo cated in the Zone,
determined as of January 1, 2020, the year in which the Zone is designated as a
reinvestment zone (the "Tax Increment Base"), is shown in Exhibit "D", which is attached
to and incorporated into this ordinance.
SECTION 6. TAX INCREMENT FUND. There is created and established a Tax Increment
Fund for the Zone, which may be divided into the accounts and subaccounts, as deemed
necessary or convenient under generally accepted accounting principles for government,
into which all tax increments, less any amounts not required to be paid into the Tax
Increment Fund under the Act, are to be deposited. The Tax Increment Fund may be
utilized only for purposes permitted by the Act and managed under the Act.
SECTION 7. CITY’S PLEDGED INCREMENT. The City pledges to contribute to the Tax
Increment Fund 75% of the increment on all taxable real property in the Zone for the
duration of the Zone, except as provided in this Section. The pledged increment does not
include any tax collected in accordance with Article VIII, Section 1(c) of the City’s City
Charter (commonly referred to as the 2+2+2 residential street tax). The pledged
increment also does not include any look-back taxes collected in accordance with Texas
Tax Code §23.55 related to the change of use of the open-space land. The City’s total
contribution will not exceed $9,000,000.
SECTION 8. IMPLEMENT THE PROJECT PLAN. The City Council finds that the creation
of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which
are necessary or convenient to the creation of the Zone or to the implementation of the
project plan for the Zone, constitute a program to promote local economic development
and to stimulate business and commercial activity in the City.
SECTION 9. SEVERABILITY. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional
by final judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its p urpose.
SECTION 10. PUBLICATION. Publication shall be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2020, by the following vote :
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
EXHIBIT A
DESCRIPTION OF TIRZ #5 BOUNDARY
The Boundary of Reinvestment Zone Number 5, City of Corpus Christi, Texas,
encompasses the property described by the metes and bounds attached here to as
Exhibit A-1 and Exhibit A-2, save and except any portion of that property that is included
in Nueces County Appraisal District geographic ID 0847-0004-0040, described as
BOHEMIAN COLONY LANDS 2.271 ACS OUT LT 1 BLK 1, and included in the filed deed
number 2016054337 dated December 21, 2016. The Boundary will also include that
portion of the right-of-way known as Holly Road that is adjacent to and connects the
property described by the attached metes and bounds as shown in the map attached to
this ordinance as Exhibit B.
EXHIBIT B
MAP OR TIRZ #5 BOUNDARY
EXHIBIT C
PRELIMINARY PROJECT AND FINANCING PLAN
Tax Increment Reinvestment Zone #5 - BoCo
Preliminary Project & Financing Plan
July 31, 2020
Prepared by
TXP, Inc.
1310 South 1st Street, Suite 105
Austin, Texas 78704
(512) 328-8300 phone
www.txp.com
City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020
Table of Contents
Section 1 – Introduction ............................................................................................................. 3
Purpose of a Tax Increment Reinvestment Zone .................................................................... 3
Section 2 – Project Plan .............................................................................................................. 5
Criteria for Zone Creation ....................................................................................................... 6
Existing Tax Increment Financing Districts in the City of Corpus Christi ................................. 6
Description of the Tax Increment Reinvestment Zone #5 ...................................................... 7
Existing Zoning and Land Use Guidelines Applicable to TIRZ #5 ............................................. 9
Taxing Jurisdictions Applicable to TIRZ ................................................................................... 9
Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes ........................ 9
Relocation of Displaced Persons ............................................................................................. 9
Section 3 – Project Plan Improvements .................................................................................. 10
Eligible Project Costs ............................................................................................................. 10
Section 4 – Finance Plan ........................................................................................................... 13
Compliance & Reporting ....................................................................................................... 13
Method of Financing Project Costs ....................................................................................... 13
Estimated Time when Related Costs or Monetary Obligations Incurred ............................. 13
Estimated Amount of Bonded Indebtedness ........................................................................ 13
Public Sector Entities Participating in TIRZ #5....................................................................... 13
Financial Forecast Assumptions ............................................................................................ 13
Financial Forecast Summary Results ..................................................................................... 15
Conclusion ................................................................................................................................ 18
Appendix – Boundary Description of TIRZ #5 Parcels ............................................................. 19
Legal Disclaimer ........................................................................................................................ 20
City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020
List of Figures
Figure 1: How the Tax Increment is Calculated .......................................................................... 3
Figure 2: BoCo Master Plan ......................................................................................................... 5
Figure 3: Ayers Tract Development Plan ..................................................................................... 5
Figure 4: BoCo TIRZ Geographic Boundary ................................................................................. 8
Figure 5: Existing Land Use within the BoCo TIRZ ....................................................................... 8
Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ ............. 12
List of Tables
Table 1: Existing TIRZ in Corpus Christi ....................................................................................... 7
Table 2: Existing Land Use of Proposed TIRZ #5 (2020) .............................................................. 7
Table 3: BoCo Development Project Eligible Type Costs for Reimbursement .......................... 11
Table 4: Summary of Eligible Type TIRZ #5 Project Costs ......................................................... 12
Table 5: Taxing Jurisdictions Participating TIRZ #5 ................................................................... 13
Table 6: Preliminary BoCo Buildout Schedule........................................................................... 15
Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year ................................................ 16
Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution .............. 17
3
Section 1 – Introduction
The City of Corpus Christi, based on the landowner’s request and petition, is proposing
to create a Tax Increment Reinvestment Zone (hereafter referred to as “TIRZ #5”) over
a portion of 258.9 acres located near the intersection of South Padre Island Drive and
the Crosstown Expressway. The proposed new zone would be named Reinvestment
Zone Number 5, City of Corpus Christi, Texas and referred to as TIRZ #5 - BoCo.
The landowner of the property is South Padre Investment Inc. The landowner is
requesting the City of Corpus Christi, Nueces County, and the Del Mar College District
participate in the tax increment reinvestment zone to help fund public improvements to
be located within the development. The duration of the zone is projected to be 20 years,
with the TIRZ in existence through 2040.
Purpose of a Tax Increment Reinvestment Zone
A tax increment reinvestment zone (“TIRZ”) is a tool that local governments can use to
finance needed improvements and infrastructure within a defined geographic area.
These improvements usually are undertaken to promote the viability of existing
businesses and to attract new commercial enterprises. The cost of eligible
improvements is repaid by the contribution of future tax revenues by each ta xing unit
that levies taxes against the property. The additional incremental tax revenue that is
received from the affected properties is referred to as the tax increment
Figure 1: How the Tax Increment is Calculated
Each taxing unit can choose to dedicate all, a portion, or none of the tax revenue that is
attributable to the increase in property values due to the improvements within TIRZ.
4
Each taxing unit determines what percentage of its tax increment, if any, it will commit to
repayment of the cost of financing the public improvements.
This preliminary feasibility study and project plan is required by state law. This
document is designed to meet the legal requirements of designating a TIRZ. The
statutes governing tax increment financing are located in Chapter 311 of the State of
Texas Tax Code. To assist Corpus Christi and the other taxing entities in understanding
the overall financing plan, TXP has included preliminary revenue projections assuming
other entities participate in the TIRZ.
TXP, Inc. was retained by South Padre Investment Inc. to assist in developing this
Preliminary Project & Financing Plan.
5
Section 2 – Project Plan
The purpose of TIRZ #5 is to finance the construction of public facilities and
infrastructure necessary to catalyze residential and commercial development within the
zone boundaries. Expenditures associated with the design and construction of public
infrastructure, as well as other specific project related costs, will be funded by tax
increment revenues derived from increases in property values following new residential
and commercial development.
The Project will be a master planned development that will include the construction of
public infrastructure to support the development of 777 townhomes, 999 multifamily
units, and 450,000 square feet of commercial space. The commercial space will be
located as follows: 275,000 square feet within the BoCo master planned community and
175,000 square feet on the Ayers tract.
The public infrastructure and capital costs associated with the development will be
financed with private capital. It is the intent of the Developer to enter into an
agreement with TIRZ #5 to receive reimbursement for investments made in the public
facilities from revenues generated by TIRZ #5.
Figure 2: BoCo Master Plan
Figure 3: Ayers Tract Development Plan
6
Criteria for Zone Creation
The area within the zone qualifies for a TIRZ because it suffers from economic
stagnation, inadequate infrastructure, inadequate sidewalks and street layout. Without
intervention by the public sector, private market forces will not be sufficient to generate
significant development and redevelopment. In addition, the landowner is requesting
that the area be designated as a reinvestment zone. These conditions meet the criteria
of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone
designation.
Existing Tax Increment Financing Districts in the City of Corpus Christi
There are three existing TIRZs in Corpus Christi. According to state law, cities with
more than 100,000 residents may not create a new TIRZ if the total appraised value of
taxable real property in the proposed reinvestment zone and in the existing
reinvestment zones would exceed 25.0 percent of the total appraised value of taxable
real property within the city and its industrial districts. In addition, a TIRZ may not be
created if more than 30.0 percent of the property in the proposed new TIRZ (excluding
publicly-owned property) is used for residential purposes at the time of designation. The
proposed TIRZ #5 complies with these state rules.
7
Table 1: Existing TIRZs in Corpus Christi
Land Use Value Data Source
City of Corpus Christi – Real Property $25,258,276,745
2019 Assessed Value
2019 Certified Totals Report NCAD
TIF #2 - Padre Island $573,503,809 2019 City of Corpus Christi
TIF #3 - Downtown $735,558,739
2019 Assessed Value
2019 Certified Totals Report NCAD
TIF #4 - North Beach $104,512,349
2019 Assessed Value
TIRZ Project Plan and Financing Plan
Proposed TIF #5 - BoCo $825,943
2020 Preliminary Assessed Value
NCAD Website
Total TIRZ $1,415,677,439
TIRZ as % of Corpus Christi Total 5.6%
Total $841,550,192
Source: Nueces County Appraisal District
Description of the Tax Increment Reinvestment Zone #5
The proposed TIRZ #5 will cover approximately 258.9 acres (including roads and right
of way). The 2020 baseline assessed property value of the TIRZ is approximately $0.8
million.
Table 2: Existing Land Use of Proposed TIRZ #5 (2020)
Land Use
Acreag
e
City of Corpus
Christi
Assessed Value
Qualified Open-Space Land 244.5 $527,312
Rural Land, Non-Qualified Open Space Land 2.4 $232,284
Commercial 0.4 $66,347
Public Right of Way* 11.6 $0
Total 258.9 $825,943
Source: Nueces County Appraisal District
* The majority of this property is publicly owned right of way (ROW) along Holly Road
8
Figure 4: BoCo TIRZ Geographic Boundary
Source: Nueces County Appraisal District
Figure 5: Existing Land Use within the BoCo TIRZ
Source: Nueces County Appraisal District
9
Existing Zoning and Land Use Guidelines Applicable to TIRZ #5
Existing City of Corpus Christi land use, zoning guidelines, and policies would apply to
all properties within the city limits.
Taxing Jurisdictions Applicable to TIRZ
The proposed TIRZ #5 is located within the following taxing jurisdictions:
City of Corpus Christi
Nueces County
Del Mar College
Nueces County Hospital District
Corpus Christi Independent School District
Farm to Market Road District
Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes
There are no anticipated changes to the master development and zoning ordinances.
Relocation of Displaced Persons
This plan currently does not call for nor anticipate the displacement and relocation of
persons for the proposed projects.
10
Section 3 – Project Plan Improvements
TIRZ #5 will provide support for catalytic infrastructure and economic development
projects that will facilitate the development of properties within zone. In addition, to
public utility infrastructure, the Developer is seeking reimbursement for building a 10-
acre park within the zone.
Eligible Project Costs
1. Parks & Streetscape Enhancements
This category includes gateway features, linear parks, corridor landscaping, public
plazas, etc.
2. Infrastructure Improvements
This category includes water, sanitary sewer and storm water improvements, roadway
and street intersection enhancements, public transportation, relocation of aboveground
utilities, public sidewalks, etc.
3. Economic Development Grants
It is anticipated that economic development loans or grants might be made to assist in
creating the tax base that facilitates implementing the project plan. The City, with
advisement from the TIRZ Board shall have the authority to establish and administer
economic development programs, including but not limited to grants and loans,
authorized under Chapter 380 of the Texas Local Government Code. Should such loans
or grants be made, it will be done with the intent to fulfill the public purposes of
developing and diversifying the economy, eliminating unemployment or
underemployment, and developing or expanding transportation, business, and
commercial activity in the TIRZ.
4. Non-Project Costs
It is not possible to quantify other non-project costs at this time, other than to say that
they are anticipated. However, these costs should not exceed TIRZ #5 revenue less
other costs delineated in the project plan. Consultants, engineers, surveyors, and other
costs incurred not related to the other categories and other unforeseen costs are
included in this category.
5. Administration & Implementation
Administration costs, including reasonable charges for time spent by City of Corpus
Christi employees, will be eligible for reimbursement as project costs. In addition, this
category includes City costs associated with creating the TIRZ.
11
Table 3: BoCo Development Project Eligible Type Costs for Reimbursement
Phase Quantity Unit Price
Estimated
Cost
Existing Silverberry Drive to Greenwood Drive
Roadway Improvements (Paving, Curbs & Sidewalk) 2,100 $225 $472,500
Minor Drainage Extensions & Utility Stubouts 2,100 $75 $157,500
15% Contingency & Design $94,500
Total $724,500
Future Coastal Crosstown Drive
Roadway Improvements 1,700 $430 $731,000
Drainage Addition off Existing Line 1 $60,000 $60,000
Sanitary Sewer 500 $100 $50,000
Water Line & Hydrants 1,700 $50 $85,000
Lift Station Rehabilitation 1 $200,000 $200,000
15% Contingency & Design $168,900
Total $1,294,900
Main East/West Access Drive Greenwood to
Roundabout
Roadway Improvements 2,400 $430 $1,032,000
Drainage 2,400 $250 $600,000
Sanitary Sewer 2,400 $100 $240,000
15% Contingency & Design 2,400 $50 $120,000
Total $298,800
$2,290,800
Main North/South Access Drive to Holly Road
Roadway Improvements 2,600 $500 $1,300,000
Drainage 2,600 $250 $650,000
Sanitary Sewer 2,600 $100 $260,000
Water Line and Hydrants 2,600 $50 $130,000
15% Contingency & Design $351,000
Total $2,691,000
Roundabout to S.H. 286 Access Road
Roadway Improvements 1500 $430 $645,000
Drainage 1500 $250 $375,000
Sanitary Sewer 1500 $100 $150,000
Water Line and Hydrants 1500 $50 $75,000
15% Contingency & Design $186,750
Total $1,431,750
Roundabout Quantity
Roadway 450 500 $225,000
15% Contingency & Design $33,750
Total $258,750
Estimated Total Cost $8,691,700
Source: South Padre Investment Inc.
12
Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ
Source: South Padre Investment Inc.
Table 4: Summary of Eligible Type TIRZ #5 Project Costs
Phase Cost
Existing Silverberry Drive to Greenwood Drive $724,500
Future Coastal Crosstown Drive $1,294,900
Main East/West Access Drive Greenwood to Roundabout $2,290,800
Main North/South Access Drive to Holly Road $2,691,000
Roundabout to S.H. 286 Access Road $1,431,750
Roundabout $258,750
Park Development Cost and Maintenance $3,100,000
Administration Costs $2,000,000
Total Cost $13,691,700
Source: South Padre Investment Inc.
13
Section 4 – Finance Plan
Tax increment financing is a tool used by local governments to publicly finance needed
infrastructure and other improvements within a defined area. These improvements are
usually undertaken to promote the viability of existing businesses and to attract new
commercial enterprises to the area. The statutes governing tax increment financing are
located in Chapter 311 of the State of Texas Tax Code.
Compliance & Reporting
The TIRZ #5 Board policies would comply with all federal, state, and local laws, rules
and regulations. The TIRZ Board will submit project status reports and financial reports
as required by state law.
Method of Financing Project Costs
All project costs will be paid through the contribution of incremental property taxes
collections by participating taxing jurisdictions.
Estimated Time when Related Costs or Monetary Obligations Incurred
The TIRZ will be cash funded. Reimbursements under any agreements with developers
will be made as funds become available.
Estimated Amount of Bonded Indebtedness
It is anticipated that financial transactions by the TIRZ are to be on a cash only basis
and to the extent only that funds are available. However, if the resources become
available to issue debt, the TIRZ #5 Board may recommend to the Corpus Christi City
Council that it is appropriate to issue TIRZ debt if the Tax Increment Fund can make
such payments. The TIRZ is under no obligation to issue any notes or debt
Public Sector Entities Participating in TIRZ #5
All project costs will be paid through the contribution of incremental property taxes
collections. This preliminary plan assumes that the Corpus Christi and other taxing
entities contribute a portion of their total tax rate (M&O and I&S) ad valorem tax rate for
20 years.
Table 5: Taxing Jurisdictions Participating TIRZ #5
Entity
Property Tax
Rate per $100
(2019)
City of Corpus Christi $0.646264
Nueces County $0.307689
Del Mar College District $0.280665
Source: Nueces County Appraisal District
Financial Forecast Assumptions
TIRZ Duration – TXP has assumed the TIRZ will have a 20-year lifespan.
14
TIRZ Allocation – TXP has assumed the City of Corpus Christi and other taxing
entities will contribute 75% of their total incremental tax collections.
Tax Rate – While tax rates do change over time, the 2019 tax rates were held
constant for the duration of the TIRZ.
Baseline Value – The 2020 baseline property value of the TIRZ is approximately
$0.8 million but varies slightly by taxing jurisdiction based on exemptions offered.
Real Property – Only taxable real property values are included in the tax
increment calculations. By law, business personal property values are excluded
from TIRZ.
Inflation & Appreciation Rate – The inflation rate used for construction costs
and the value of improvements is 2.5 percent per year.
Net Present Value – The net present values of the tax increment were
calculated at a discount rate of 5.0 percent.
Future Development Patters – To provide an order of magnitude estimate, TXP
phased in new construction based on the BoCo master plan development
timeline.
15
Financial Forecast Summary Results
The following table depicts the anticipated revenue generated over 20 years. The
revenue forecast assumes the TIRZ is established in 2020 (baseline year). The first
TIRZ increment will occur in 2021 (total 2021 value less 2020 baseline value). Note,
2021 taxes are not due until January 2022.
Table 6: Preliminary BoCo Buildout Schedule
Apartment Units Townhome Units Commercial SF
Year
Perio
d
New Per
Year Cumulative
New Per
Year Cumulative
Crosstown
Commons Ayers
2020 0 0 0 0 0 0 0
2021 1 0 0 0 0 0 0
2022 2 0 0 48 48 0 60,000
2023 3 111 111 53 101 0 60,000
2024 4 111 222 58 159 137,500 60,000
2025 5 111 333 64 223 137,500 120,000
2026 6 111 444 70 293 137,500 120,000
2027 7 185 629 77 370 137,500 120,000
2028 8 185 814 85 455 137,500 180,000
2029 9 185 999 94 549 275,000 180,000
2030 10 0 999 103 652 275,000 180,000
2031 11 0 999 125 777 275,000 180,000
2032 12 0 999 0 777 275,000 180,000
2033 13 0 999 0 777 275,000 180,000
2034 14 0 999 0 777 275,000 180,000
2035 15 0 999 0 777 275,000 180,000
2036 16 0 999 0 777 275,000 180,000
2037 17 0 999 0 777 275,000 180,000
2038 18 0 999 0 777 275,000 180,000
2039 19 0 999 0 777 275,000 180,000
2040 20 0 999 0 777 275,000 180,000
Source: South Padre Investment Inc., TXP, Inc.
16
Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year
Apartment Units Townhome Units Commercial
Year
Perio
d
Tax
Value
Per
Unit Cumulative
Tax
Value
Per
Unit Cumulative
Tax
Value
Per
SF Total Retail
Total Taxable
Value
2020 0 $38,250 $0
$153,15
3 $0 $85 $0 $0
2021 1 $39,206 $0
$156,98
2 $0 $87 $0 $0
2022 2 $40,186 $0
$160,90
7 $7,723,514 $89 $5,358,188 $13,081,701
2023 3 $41,191 $4,572,208
$164,92
9 $16,657,849 $92 $5,492,142 $26,722,199
2024 4 $42,221 $9,373,027
$169,05
2 $26,879,336 $94 $18,530,259 $54,782,622
2025 5 $43,276 $14,411,029
$173,27
9 $38,641,158 $96 $24,763,697 $77,815,884
2026 6 $44,358 $19,695,073
$177,61
1 $52,039,936 $99 $25,382,790 $97,117,799
2027 7 $45,467 $28,598,888
$182,05
1 $67,358,859 $101 $26,017,359 $121,975,107
2028 8 $46,604 $37,935,583
$186,60
2 $84,904,022 $104 $32,881,648 $155,721,253
2029 9 $47,769 $47,721,240
$191,26
7
$105,005,74
9 $106 $48,299,775 $201,026,764
2030 10 $48,963 $48,914,271
$196,04
9
$127,823,93
8 $109 $49,507,270 $226,245,478
2031 11 $50,187 $50,137,127
$200,95
0
$156,138,31
2 $112 $50,744,951 $257,020,391
2032 12 $51,442 $51,390,556
$205,97
4
$160,041,77
0 $114 $52,013,575 $263,445,901
2033 13 $52,728 $52,675,319
$211,12
3
$164,042,81
4 $117 $53,313,915 $270,032,048
2034 14 $54,046 $53,992,202
$216,40
1
$168,143,88
5 $120 $54,646,763 $276,782,850
2035 15 $55,397 $55,342,007
$221,81
1
$172,347,48
2 $123 $56,012,932 $283,702,421
2036 16 $56,782 $56,725,558
$227,35
7
$176,656,16
9 $126 $57,413,255 $290,794,981
2037 17 $58,202 $58,143,697
$233,04
1
$181,072,57
3 $129 $58,848,586 $298,064,856
2038 18 $59,657 $59,597,289
$238,86
7
$185,599,38
7 $133 $60,319,801 $305,516,477
2039 19 $61,148 $61,087,221
$244,83
8
$190,239,37
2 $136 $61,827,796 $313,154,389
2040 20 $62,677 $62,614,402
$250,95
9
$194,995,35
6 $139 $63,373,491 $320,983,249
Source: South Padre Investment Inc., TXP, Inc.
17
Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution
Year
Perio
d
City of
Corpus
Christi
Nueces
County
Del Mar
College
District Total
Tax Rate 0.646264 0.307689 0.280665
TIRZ Allocation 75% 75% 75%
2020 0 $0 $0 $0 $0
2021 1 $0 $0 $0 $0
2022 2 $63,407 $30,188 $27,537 $121,132
2023 3 $129,522 $61,666 $56,250 $247,438
2024 4 $265,530 $126,420 $115,317 $507,267
2025 5 $377,172 $179,573 $163,801 $720,547
2026 6 $470,728 $224,116 $204,432 $899,275
2027 7 $591,211 $281,478 $256,756 $1,129,445
2028 8 $754,778 $359,353 $327,791 $1,441,922
2029 9 $974,373 $463,903 $423,159 $1,861,434
2030 10 $1,096,607 $522,099 $476,244 $2,094,951
2031 11 $1,245,773 $593,118 $541,025 $2,379,915
2032 12 $1,276,917 $607,946 $554,550 $2,439,413
2033 13 $1,308,840 $623,144 $568,414 $2,500,398
2034 14 $1,341,561 $638,723 $582,624 $2,562,908
2035 15 $1,375,100 $654,691 $597,190 $2,626,981
2036 16 $1,409,477 $671,058 $612,120 $2,692,655
2037 17 $1,444,714 $687,835 $627,423 $2,759,972
2038 18 $1,480,832 $705,030 $643,108 $2,828,971
2039 19 $1,517,853 $722,656 $659,186 $2,899,695
2040 20 $1,555,799 $740,723 $675,666 $2,972,188
Total $18,680,195 $8,893,719 $8,112,593 $35,686,507
NPV @ 5% $9,350,370 $4,451,751 $4,060,758 $17,862,879
Source: South Padre Investment Inc., TXP, Inc.
18
Conclusion
Based on the preliminary development concepts and activity zones within this area,
anticipated tax revenue, and market demand projections, TIRZ #5 is economically and
financially feasible. The TIRZ could generate significant revenue to pay for infrastructure
and redevelopment costs. Over the next 20 years, the TIRZ could generate $3 5.7
million in nominal TIRZ revenue. Using a 5.0 percent discount rate, the anticipated TIRZ
could generate $17.9 million.
These projections are based on the best available datasets and information related to
market conditions in the region. Given the high visibility of this area, for example, the
substantial commitment of a few large developers could have a significantly positive
impact on both the level and timing of future growth. Moreover, the financial projections
make no allowance for positive spillover to the value of other properties in area as a
result of new development (beyond inflation), which easily could occur. At the same
time, a slowdown in development as a result of a weaker national economy, negative
changes in key drivers of regional economy, or other unforeseen issues could materially
reduce the volume of construction put in place, and resulting tax revenue, over the next
20 years.
19
Appendix – Boundary Description of TIRZ #5 Parcels
The following parcels comprise TIRZ #5 plus the public right of way along Holly Road
between Greenwood Drive and Ayers Street.
Table 9: Parcels Included in TIRZ #5
Property ID Property Owner
200076939 SOUTH PADRE INVESTMENT INC
573080 SOUTH PADRE INVESTMENT INC
197819 SOUTH PADRE INVESTMENT INC
197816 SOUTH PADRE INVESTMENT INC
258830 SOUTH PADRE INVESTMENT INC
546588 SOUTH PADRE INVESTMENT INC
Source: Nueces County Appraisal District
20
Legal Disclaimer
TXP, Inc. (TXP) reserves the right to make changes, corrections, and/or improvements
at any time and without notice. In addition, TXP disclaims any and all liability for
damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.
TXP disclaims any liability due to errors, omissions, or discrepancies made by third
parties whose material TXP relied on in good faith to produce the report.
Any statements involving matters of opinion or estimates, whether or not so expressly
stated, are set forth as such and not as representations of fact, and no representation is
made that such opinions or estimates will be realized. The informat ion and expressions
of opinion contained herein are subject to change without notice, and shall not, under
any circumstances, create any implications that there has been no change or updates.
EXHIBIT D
BASE YEAR TAXABLE APPRAISED VALUES
NCAD GEO ID PROPERTY DESCRIPTION LOCATION ACS APPRAISED
VALUE
0847-0004-0053
BOHEMIAN COLONY
LANDS 144.452 ACS OUT
OF LTS 5 & 6 SEC 4
GREENWOOD DR @
HOLLY RD 144.45 $60,670.00
4398-0009-0010
LEXINGTON CENTER 9.73
ACS OUT LT 1 BLK 9 (W
OF ROW)
5333 AYERS ST 9.73 $168,342.00
0847-0004-0034
BOHEMIAN COLONY
LANDS 62.51 ACS OUT
LTS 3 & 4 SEC 4 (W OF
ROW
CROSSTOWN
EXTENSION @ HOLLY
RD
62.51 $26,254.00
0847-0004-0039
BOHEMIAN COLONY
LANDS 2.37 ACS OUT LTS
3 & 4 SEC 4 (W OF ROW)
2.37 $232,284.00
0847-0004-0038
BOHEMIAN COLONY
LANDS 29.4423 ACS OUT
LTS 3 & 4 SEC 4 (E OF RR)
CROSSTOWN
EXTENSION & AYERS
ST
29.44 $ 272,046.00
0847-0004-0041
BOHEMIAN COLONY
LANDS .30 ACS OUT LTS 3
& 4 SEC 4 (E OF RR)
0.30 $66,347.00
TOTAL $852,943.00
Proposed TIRZ #5-BOCO Development Project
Description of Project
258 acres located at South Padre Island Drive and Crosstown Expressway
Proposed build out over 10 to 15 years
o 999 multi-family units
o 777 townhomes
o 450,000 square feet of commercial space
Developer Request
Reimbursement to the developer for street, sewer, drainage, and water line improvements
infrastructure costs. Assets will revert to the city once completed.
Reimbursement of Park development and maintenance. Park will be built to the City
specifications and will be dedicated to the City-$3,100,000 (est.)
TIRZ Parameters
Base Year 2020
20-year term
75% of the increment up to $9,000,000 total City contribution
Total TIRZ not to exceed $17M in reimbursement from all participating entities
Estimated $320M in taxable value added after 20 years
Proposed taxing jurisdictions
o City of Corpus Christi
o Nueces County
o Del Mar College District
Reimburse developer for infrastructure from revenue created by the increment once the
infrastructure is completed and accepted by the City
Discussion/Comments
Different than other City TIRZ-This will not reimburse the developer for private development.
The reimbursement will be for infrastructure that will become the City’s asset-similar to a
participation agreement or oversize agreement.
Low risk to the City due to developer reimbursement. City’s contribution capped at 52% or
$9.0M of the $17M total project cost.
The developer is responsible for ensuring participation by the other taxing entities to guarantee
full reimbursement
Site is currently agricultural with an ag exemption and due to the exemption has a low taxable
value. When the ag exemption is removed from each parcel and the land is developed per the
phases proposed by the developer, the revenue resulting from the three-year lookback, as
required by the tax code, will be paid to the General Fund solely. The increment created in the
TIRZ by the conversion from ag exempt will be retained by the TIRZ.
Current area of city has seen limited development/investment
All sales tax generated by the purchase of construction materials for the project will benefit the
City of Corpus Christi.
Good highway access
Proposed park will be built with City input/specifications and maintained by TIRZ-no impact to
the general fund and the park will become property of the City
Developer has a proven track record with residential/multifamily development
Local Government Code states that the board for a TIRZ formed by petition will consist of the
following:
o A representative from Nueces County and Del Mar (if they participate)
o State Senator or designee
o State Representative or designee
o The remaining members, up to a total of 9, are property owners, or their designee,
appointed by the City.
Refinancing Zone #5 Summary
Total Tax Revenue* Tax Increment by Entity**
Total Tax
Increment 25% Collected by the General Fund
Year Tax
Year
Fiscal
Year
Total
Taxable Value City Nueces Couty Del Mar Total City
75%
Nueces
County
75%
Del Mar
75%Total M & O Debt Service Streets
Base
Year 2020 FY 21 825,943$ 5,338$ 2,541$ 2,368$ 10,247$ Base Year Base Year Base Year Base Year
1 2021 FY22 842,462$ 5,445$ 2,592$ 2,415$ 10,452$ 75$ 38$ 36$ 149$ 16$ 9$ 7$
2 2022 FY 23 13,081,701$ 84,542$ 40,251$ 37,499$ 162,292$ 55,727$ 28,282$ 26,348$ 110,357$ 11,852$ 6,724$ 4,902$
3 2023 FY 24 26,722,199$ 172,696$ 82,221$ 76,599$ 331,516$ 117,750$ 59,760$ 55,674$ 233,183$ 25,042$ 14,208$ 10,359$
4 2024 FY 25 54,782,622$ 354,040$ 168,560$ 157,034$ 679,635$ 245,340$ 124,514$ 116,000$ 485,854$ 52,177$ 29,603$ 21,583$
5 2025 FY 26 77,815,884$ 502,896$ 239,431$ 223,059$ 965,386$ 350,072$ 177,667$ 165,519$ 693,258$ 74,450$ 42,240$ 30,796$
6 2026 FY 27 97,117,799$ 627,637$ 298,821$ 278,388$ 1,204,846$ 437,837$ 222,210$ 207,015$ 867,062$ 93,116$ 52,830$ 38,517$
7 2027 FY 28 121,975,107$ 788,281$ 375,304$ 349,642$ 1,513,227$ 550,863$ 279,572$ 260,456$ 1,090,890$ 117,153$ 66,468$ 48,460$
8 2028 FY 29 155,721,253$ 1,006,370$ 479,137$ 446,375$ 1,931,883$ 704,306$ 357,447$ 333,006$ 1,394,758$ 149,786$ 84,983$ 61,958$
9 2029 FY 30 201,026,764$ 1,299,164$ 618,537$ 576,243$ 2,493,944$ 910,309$ 461,997$ 430,407$ 1,802,713$ 193,597$ 109,839$ 80,080$
10 2030 FY 31 226,245,478$ 1,462,143$ 696,132$ 648,533$ 2,806,808$ 1,024,978$ 520,193$ 484,624$ 2,029,795$ 217,984$ 123,675$ 90,168$
11 2031 FY 32 257,020,391$ 1,661,030$ 790,823$ 736,749$ 3,188,603$ 1,164,911$ 591,212$ 550,786$ 2,306,909$ 247,744$ 140,560$ 102,478$
12 2032 FY 33 263,445,901$ 1,702,556$ 810,594$ 755,168$ 3,268,318$ 1,194,128$ 606,040$ 564,600$ 2,364,767$ 253,957$ 144,085$ 105,048$
13 2033 FY 34 270,032,048$ 1,745,120$ 830,859$ 774,047$ 3,350,026$ 1,224,075$ 621,238$ 578,759$ 2,424,072$ 260,326$ 147,699$ 107,682$
14 2034 FY 35 276,782,850$ 1,788,748$ 851,630$ 793,398$ 3,433,776$ 1,019,631$ 609,126$ 567,475$ 2,196,231$ 266,854$ 151,402$ 110,383$
15 2035 FY 36 283,702,421$ 1,833,467$ 872,921$ 813,233$ 3,519,621$ -$ -$ -$ -$ 1,094,183$ 620,795$ 113,151$
16 2036 FY 37 290,794,981$ 1,879,303$ 894,744$ 833,564$ 3,607,611$ -$ -$ -$ -$ 1,121,618$ 636,360$ 115,988$
17 2037 FY 38 298,064,856$ 1,926,286$ 917,113$ 854,403$ 3,697,802$ -$ -$ -$ -$ 1,149,738$ 652,315$ 118,896$
18 2038 FY 39 305,516,477$ 1,974,443$ 940,041$ 875,763$ 3,790,247$ -$ -$ -$ -$ 1,178,561$ 668,668$ 121,876$
19 2039 FY 40 313,154,389$ 2,023,804$ 963,542$ 897,657$ 3,885,003$ -$ -$ -$ -$ 1,208,105$ 685,430$ 124,931$
20 2040 FY 41 320,983,249$ 2,074,399$ 987,630$ 920,098$ 3,982,128$ -$ -$ -$ -$ 1,238,388$ 702,611$ 128,063$
Total 320,983,249$ 24,917,709$ 11,863,426$ 11,052,234$ 47,833,369$ 9,000,000$ 4,659,295$ 4,340,704$ 18,000,000$ 8,954,648$ 5,080,503$ 1,535,324$
*Does not include the .04 cents for residental streets **Based on tax year 2019 rates
TIRZ #5 Build Out and Value Growth Schedule
Base Year Value 825,943
Participation % 75%
Multi-Family Townhomes Retail City Nueces County Del Mar
Tax Rate 0.606264 Tax Rate 0.307689 Tax Rate 0.28665
Year Tax
Year
Fiscal
Year
Units
Per Year
Total
Value
Units
Per Year
Total
Value
SQ FT Per
Year
Total
Value
Total
Taxable Value
City
Annual
City
Cumlative
Nueces County
Annual
Nueces
County
Cumlative
Del Mar
Annual
Del Mar
Cumlative Annual Total Cumlative
Total
Base
Year 2020 FY 21 0 -$ 0 -$ - -$ -$
1 2021 FY22 0 -$ 0 -$ - -$ -$
2 2022 FY 23 0 -$ 48 7,723,514$ 60,000 5,358,188$ 13,081,701$ 55,727$ 55,727$ 28,282$ 28,282$ 26,348$ 26,348$ 110,357$ 110,357$
3 2023 FY 24 111 4,572,208$ 53 16,657,849$ - 5,492,142$ 26,722,199$ 117,750$ 173,476$ 59,760$ 88,042$ 55,674$ 82,022$ 233,183$ 343,541$
4 2024 FY 25 111 9,373,027$ 58 26,879,336$ 137,500 18,530,259$ 54,782,622$ 245,340$ 418,816$ 124,514$ 212,556$ 116,000$ 198,022$ 485,854$ 829,395$
5 2025 FY 26 111 14,411,029$ 64 38,641,158$ 60,000 24,763,697$ 77,815,884$ 350,072$ 768,888$ 177,667$ 390,223$ 165,519$ 363,541$ 693,258$ 1,522,652$
6 2026 FY 27 111 19,695,073$ 70 52,039,936$ - 25,382,790$ 97,117,799$ 437,837$ 1,206,725$ 222,210$ 612,433$ 207,015$ 570,556$ 867,062$ 2,389,715$
7 2027 FY 28 185 28,598,888$ 77 67,358,859$ - 26,017,359$ 121,975,107$ 550,863$ 1,757,588$ 279,572$ 892,005$ 260,456$ 831,012$ 1,090,890$ 3,480,605$
8 2028 FY 29 185 37,935,583$ 85 84,904,022$ 60,000 32,881,648$ 155,721,253$ 704,306$ 2,461,894$ 357,447$ 1,249,452$ 333,006$ 1,164,017$ 1,394,758$ 4,875,363$
9 2029 FY 30 185 47,721,240$ 94 105,005,749$ 137,500 48,299,775$ 201,026,764$ 910,309$ 3,372,203$ 461,997$ 1,711,449$ 430,407$ 1,594,424$ 1,802,713$ 6,678,076$
10 2030 FY 31 0 48,914,271$ 103 127,823,938$ - 49,507,270$ 226,245,478$ 1,024,978$ 4,397,181$ 520,193$ 2,231,642$ 484,624$ 2,079,048$ 2,029,795$ 8,707,871$
11 2031 FY 32 0 50,137,127$ 125 156,138,312$ - 50,744,951$ 257,020,391$ 1,164,911$ 5,562,092$ 591,212$ 2,822,854$ 550,786$ 2,629,834$ 2,306,909$ 11,014,780$
12 2032 FY 33 0 51,390,556$ 0 160,041,770$ - 52,013,575$ 263,445,901$ 1,194,128$ 6,756,220$ 606,040$ 3,428,893$ 564,600$ 3,194,434$ 2,364,767$ 13,379,547$
13 2033 FY 34 0 52,675,319$ 0 164,042,814$ - 53,313,915$ 270,032,048$ 1,224,075$ 7,980,295$ 621,238$ 4,050,131$ 578,759$ 3,773,194$ 2,424,072$ 15,803,620$
**14 2034 FY 35 0 53,992,202$ 0 168,143,885$ - 54,646,763$ 276,782,850$ 1,254,771$ 9,235,065$ 636,817$ 4,686,948$ 593,273$ 4,366,467$ 2,484,860$ 18,288,480$
15 2035 FY 36 0 55,342,007$ 0 172,347,482$ - 56,012,932$ 283,702,421$ 1,286,234$ 10,521,299$ 652,785$ 5,339,733$ 608,149$ 4,974,616$ 2,547,168$ 20,835,648$
16 2036 FY 37 0 56,725,558$ 0 176,656,169$ - 57,413,255$ 290,794,981$ 1,318,483$ 11,839,782$ 669,152$ 6,008,885$ 623,397$ 5,598,013$ 2,611,033$ 23,446,680$
17 2037 FY 38 0 58,143,697$ 0 181,072,573$ - 58,848,586$ 298,064,856$ 1,351,539$ 13,191,322$ 685,929$ 6,694,814$ 639,027$ 6,237,039$ 2,676,494$ 26,123,175$
18 2038 FY 39 0 59,597,289$ 0 185,599,387$ - 60,319,801$ 305,516,477$ 1,385,422$ 14,576,744$ 703,124$ 7,397,938$ 655,047$ 6,892,086$ 2,743,593$ 28,866,768$
19 2039 FY 40 0 61,087,221$ 0 190,239,372$ - 61,827,796$ 313,154,389$ 1,420,151$ 15,996,895$ 720,750$ 8,118,688$ 671,467$ 7,563,553$ 2,812,369$ 31,679,136$
20 2040 FY 41 0 62,614,402$ 0 194,995,356$ - 63,373,491$ 320,983,249$ 1,455,749$ 17,452,644$ 738,817$ 8,857,505$ 688,298$ 8,251,851$ 2,882,864$ 34,562,000$
Total 999 62,614,402$ 777 194,995,356$ 455,000 63,373,491$ 320,983,249$
** Based on current modeling and assumptions, the City will reach the $9.0M cap in year 14 and future revenues will go into the General Fund
DATE: August 2, 2020
TO: Mayor and Council
FROM: Rebecca Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
CAPTION:
Resolution determining that the proposed citizen-initiated “Petition for Charter Amendment related
to the Prohibition of the Use, Acquisition and Sale of Desalinated Water” failed to comply with
Texas Local Government Code § 9.004 because it was not signed by at least 5% of the qualified
voters of the City of Corpus Christi, Texas
SUMMARY:
On July 30, 2020, a petition was filed in the City Secretary’s Office regarding a proposed
citizen-initiated Charter Amendment related to the prohibition of the use, acquisition, and sale of
desalinated water. By resolution, the City Secretary is presenting the petition to the City Council
and determining that the petition did not have the required number of signatures outlined in state
law to compel the Council to submit the charter amendment to the voters at an election.
BACKGROUND AND FINDINGS:
Per Texas Local Government Code § 9.004, the governing body shall place a proposed
charter amendment on the ballot if a petition signed by at least five percent of registered voters
in the city, or 20,000, whichever number is smaller, is submitted. On July 30, 2020, a petition for
a citizen-initiated charter amendment regarding the prohibition of the use, acquisition and sale of
desalinated water was filed in the City Secretary’s Office. There were 152,502 registered voters
in the city on July 30, 2020. Five percent of 152,502 is 7,625. Consequently, a minimum of 7,625
valid signatures would be required to compel the Council to place the citizen-initiated charter
amendment on the ballot. Upon review, the petition filed on July 30, 2020 contained 4,227
unverified signatures. Even if every signature were valid, the petition would not meet the 7,625
signatures required by state law.
Proposed citizen-initiated “Petition for Charter Amendment related to the
Prohibition of the Use, Acquisition and Sale of Desalinated Water”
AGENDA MEMORANDUM
Action Item for the August 11, 2020 City Council Meeting
Local Government Code § 9.004 does not provide a deadline for filing the petition. It may
be filed at any time. If a petition filed under this section is determined to be valid, then the election
would be held on the first authorized uniform election date; or on the earlier of the date of the next
municipal general election or presidential general election, whichever is earlier. Because there is
no deadline, per Chapter 277 of the Election Code, this citizen-initiated petition may not be
supplemented, i.e. the petitioners are not allowed to obtain and submit additional signatures within
a defined timeframe to reach the required threshold.
ALTERNATIVES:
Per Local Government Code § 9.004, “the governing body on its own motion may submit
a proposed charter amendment to the municipality's qualified voters for their approval at an
election”. The City Council could place the citizen-initiated charter amendment on the November
3, 2020 ballot. The statutory deadline to place an item on the November 3, 2020 ballot is August
17. The August 11 Council meeting is the last regular Council meeting before the statutory
deadline. To place the citizen-initiated charter amendment on the November 3, 2020 ballot, the
Council would need to call for a special election today or call for a special election at a special
council meeting by or on August 17.
City Management does not recommend the Petitioner’s proposed Charter Amendment
because the proposed amendment could leave the City with insufficient water for existing
customers in the event of a drought. All of the City’s current water is surface water, which is
subject to interruption in severe droughts. The proposed amendment prohibits all methods of
supplementing surface water, including “groundwater, brackish water and saline water facilities”.
FISCAL IMPACT: None
Funding Detail:
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
Note:
SUPPORTING DOCUMENTS:
Resolution
Resolution determining that the proposed citizen-initiated “Petition for Charter Amendment
related to the Prohibition of the Use, Acquisition and Sale of Desalinated Water” failed to
comply with Texas Local Government Code § 9.004 because it was not signed by at least 5%
of the qualified voters of the City of Corpus Christi, Texas
Whereas, the City Council finds that the City had 152,502 qualified voters on July 30, 2020;
Whereas, Tex. Local Gov’t Code § 9.004(a) provides (a) The governing body of a municipality on
its own motion may submit a proposed charter amendment to the municipality's qualified voters
for their approval at an election. The governing body shall submit a proposed charter amendment
to the voters for their approval at an election if the submission is supported by a petition signed by
a number of qualified voters of the municipality equal to at least five percent of the number of
qualified voters of the municipality or 20,000, whichever number is the smaller.
Whereas, 5% of 152,502 qualified voters is 7,625;
Whereas, on July 30, 2020, 4,227 unverified signatures were submitted to the City Secretary’s
office requesting approval of a proposed citizen-initiated “Petition for Charter Amendment related
to the Prohibition of the Use, Acquisition and Sale of Desalinated Water”;
Whereas, the maximum number of potentially verified signatures requesting approval of a
proposed citizen-initiated “Petition for Charter Amendment related to the Prohibition of the Use,
Acquisition and Sale of Desalinated Water” would not meet the minimum number of signatures
required for mandatory submission of a citizen-initiated charter amendment at an election.
Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas:
Due to the failure of the petitioners to meet the minimum number of signatures required by Tex.
Local Gov’t Code § 9.004 for submission of a citizen-initiated charter amendment to the voters for
an election thereon, the City Council determines that no further action is legally required or
appropriate to be performed on the aforesaid petition.
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo ______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
AGENDA MEMORANDUM
Action Item for the City Council Meeting of August 11, 2020
DATE: July 14, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Richard Martinez, Director of Public Works
richardm5@cctexas.com
(361) 826-3419
CAPTION:
Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County to
reimburse $200,000 to the City related to the engineering design cost associated with the
extension of Junior Beck Drive from Dead End to Old Brownsville Road and accepting
and appropriating a Financial Assistance Award in an amount of $3,000,000 from the
United States Department of Commerce-Economic Development Administration for the
design and construction of Junior Beck Drive located in City Council District 3, with a City
match of $750,000 with funding available through the 2018 Bond Program and amending
the Capital Improvement Program Budget and appropriating grant Funds in the Street
CIP Fund.
SUMMARY:
This item authorizes an Interlocal Cooperation Agreement (ILA) with City of Corpus Christi
(City) and Nueces County (County) to reimburse $200,000 to the City for engineering
design cost associated with the extension of Junior Beck Drive and acceptance of a
Financial Assistance Award (EDA Grant) from the United States Department of
Commerce-Economic Development Administration (EDA) for $3,000,000 to be used for
Interlocal Cooperation Agreement with Nueces County and acceptance of
United States Department of Commerce Economic Development
Administration Grant
Junior Beck Drive (Bear Lane to Dead End)
(Bond 2018, Proposition B)
the design and construction of Junior Beck Drive from Bear Lane to Old Brownsville Road.
BACKGROUND AND FINDINGS:
Currently, Junior Beck Drive is an established roadway from Bear Lane to Dead End (0.63
miles). The Street 2018 Bond - Proposition B approved the rehabilitation of Junior Beck
Drive from Bear Lane to Dead End with a budget of $1,400,000 for the reconstruction of
roadway, sidewalk, pavement markings and lighting improvements. The existing roadway
is a classified as a Minor Residential Collector Street in the City Urban Transportation
Plan with 2-lane asphalt pavement with curb, gutter, and sidewalks that are in poor
condition with aging underground utility systems. Junior Beck Drive currently supports
industrial and commercial activity with heavy commercial vehicular traffic and has only
one access point from Bear Lane. The project is in preliminary design with 30%
completion.
In December 2019, the Nueces County Commissioner Court approved an Interlocal
Cooperation Agreement between the City and Nueces County for the associated
engineering cost related to the preparation of design and construction plans for the
extension of Junior Beck Drive from the dead end to Old Brownsville Road (0.32 miles)
for funds in an amount of $200,000. The City shall invoice the County upon
commencement of the construction of the Extension for the reimbursement of funds. The
County may increase their funding upon approval of the Nueces County Commissioner
Court.
In September 2019, the City received an EDA Grant for $3,000,000 for the construction
of Junior Beck Drive from Bear Lane to Old Brownsville Road (0.95 miles). The EDA Grant
is an economic development reimbursement grant requiring a $750,000 City match for
the project. The matching funds is satisfied with the $1,400,000 from the Bond 2018
project. Currently, the section of Junior Beck Drive fro m Dead End to Old Brownsville
Road is located on private property. The Right of Way (ROW) required for the extension
of the Junior Beck Drive may be donated or purchased; however, the EDA grant funds
shall not be used in the ROW purchase and the eminent domain process for acquiring
ROW for the street extension is not allowed on a project funded by this type of grant. The
grant has time constraints of two years to begin construction, two years to complete
construction, and two years for project and grant closeout, and the time started when the
Financial Assistance Award CD-450 was signed by the EDA on September 30, 2019. It
may be possible to modify the limits of the grant if the roadway extension is not pursued.
That decision is determined by the EDA and would be dependent on the projects ability
to stimulate economic development around the project.
The Junior Beck Drive extension from Dead End to Old Brownsville Road is a planned
street without any existing roadway, utilities and drainage improvements. The roadway
extension is classified as a Minor Residential Collector Street in the City Urban
Transportation Plan. However, based on the preliminary cost estimates and availability of
funds, Staff recommend the roadway extension to be designed as a local rural street
section within a 60’ ROW with 26’ wide new asphalt pavement, and drainage
improvements. The EDA Grant does not fund for utilit y improvements like water and
wastewater. The utilities for the roadway extension must be funded through Water Fund.
The funds for the extension of the roadway pavement are funded through the ILA and the
EDA Grant.
If Council approves the grant funds, the project completion for Junior Beck Dr. from Bear
Lane to Old Brownsville Road will be three years. If Council does not approve the grant
funds, the project will only consist of Junior Beck Dr. from Bear Lane to Dead End as per
the approved Street 2018 Bond project. The project design and timeline is dependent on
Council approval and has been lengthened to accommodate ROW acquisition with the
anticipated construction award estimated to be in the Spring of 2021.
PROJECT TIMELINE:
A M J J
Design Bid Construction
20212019-2021
June-March
2021-2022
August-December
The project design timeline has been lengthened to accommodate ROW acquisition with
the anticipated construction award estimated to be in the Spring of 2021.
ALTERNATIVES:
Council could reject the ILA and the EDA Grant which would result in the removal of the
extension of the Junior Beck Drive from Dead End to Old Brownsville Road. Neither of
these alternatives will delay the original Bond 2018 Proposition B project.
FISCAL IMPACT:
If approved by council, the fiscal impact in FY 2020 is the acceptance and appropriation
of the EDA grant funds of $3,000,000 into the Street CIP Fund, specifically within the
Junior Beck project.
Funding Detail:
The $3,200,000 will be deposited into two revenue accounts upon receipt of funds.
3530 – 110625 : Due from US GOV ($3 million)
3530 – 116000 : Due from Nueces County ($200,000)
RECOMMENDATION:
Engineering Services and Public Works recommend conditional acceptance of the EDA
Grant and the ILA dependent upon the successful negotiation of the ROW dedication at
no cost to City from the single property owner in exchange for the construction of the
street extension from Junior Beck from Dead End to Old Brownsville Road.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Location & Vicinity Maps
Interlocal Cooperation Agreement
Financial Assistance Award
Page 1 of 3
Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County
to reimburse $200,000 to the City related to the engineering design cost associated
with the extension of Junior Beck Drive from Dead End to Old Brownsville Road
and accepting and appropriating a Financial Assistance Award in an amount of
$3,000,000 from the United States Department of Commerce-Economic
Development Administration for the design and construction of Junior Beck Drive
located in City Council District 3, with a City match of $750,000 with funding
available through the 2018 Bond Program and amending the Capital Impr ovement
Program Budget and appropriating grant Funds in the Street CIP Fund.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1: The City Manager or designee is authorized to execute an Interlocal Cooperation
Agreement with Nueces County (“ILA”) for participation in the design phase of the Junior
Beck Drive improvements.
Section 2: The $3,000,000 Financial Assistance Award from the U.S. Department of
Commerce Economic Development Administration (“EDA Grant”) is accepted and
appropriated in Fund No. 3530 for the Junior Beck Drive improvements project.
Section 3. The FY 2020 Operational Budget adopted by Ordinance No. 031870 is
amended to increase appropriations by $3,000,000.
Section 4. It is the intent of the City to obtain dedication of the right of way needed for
the extension of Junior Beck Drive, from dead end to Old Brownsville Road , shown in
blue on the map below, at no cost to the taxpayers. If the property owner(s) does not
grant the right of way, then City staff is authorized to amend the EDA Grant (to the extent
permitted by the granting authorities) and design of the Junior Beck Improvements Project
to ensure that limited funds provide the maximum economic development for the City.
Page 2 of 3
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
_____ day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
37
181
37
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
Junior Beck Drive
(Bear Lane to Old Brownsville Road)
LOCATION MAP
NOT TO SCALE PROJECT NUMBER: 18023A
PROJECT LOCATION
PROJECT LOCATION
VICINITY MAP
NOT TO SCALE
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
VICINITY MAP
NOT TO SCALE PROJECT NUMBER: 18023A
EXTENSION FROM DEAD END
TO OLD BROWNSVILLE RD.
OLD
B
R
O
W
N
S
VILL
E
R
D.NORTH
PADR
E
I
S
L
AND
DR
.JUNIOR BECK DR.BEAR LN.
Junior Beck Drive
(Bear Lane to Old Brownsville Road)
FORM CD45O
(REV 0.1/17)
U.S, DEPARTMENT OF COMMERCE
FINANCIAL ASSISTANCE AWARD
[]e"o"r flcoopemrveoc*..r.",
FEDERAL AWARD ID }IUMBER
08-79-05330; 113378
RECIPIENT NAME
City of Corpus Christi
PERIOO OF PERFORMANCE
60 Months from Date of Approval
STREETADDRESS
1201 Leopard Street
FEOERAL SHARE OF COST
, 3,000,000.0(
CITY, STATE, ZP CODE
Corpus Christi, TX 7840'l-2120
RECIPIEI{T SHARE OF COST
3 750,000.0(
AUTHORTTY
PWEDA of 1965, as amended (42 U.S.C. $ 3121 et. seq.)Title ll, Sections 209 and 703
TOTAL ESTI ATEO COST
3 3,750,000.0(
CFDA iIO. A}ID TAI'E
11.307, Economic Adjustment Assistance - Disaster Supplemental Assistance
PROJECT TITLE
Junior Beck Drive improvements
This Award Document (Form CD-450) signed by the Grants Officer constitules an obligation of Federal funding. By
signing this Form CD-450, the Recipient agrees to comply with the Award provisions checked below and aftached.
Upon acceptance by the Recipient, the Form CD450 must be signed by an authorized representative ofthe Recipient
and returned to the Grants Officer. lf not signed and returned without modilication by the Recipient within 30 days of
receipt, the Grants Offlcer may unilaterally withdrcw this Award offer and de-obligate the funds.
I oeRanrmeHr oF coMMERcE FTNANcTAL AssrsrANcE sTANDARD TERMs AND coNDrnoNs (09 ocroBER
Izoralnaoaweno
I reoeml-wtoe REsEARcH TERMs AND coNDtnoNs, As ADoprEo By rHE DEpr. oF coMMERcE
m sPEcrAL AWARD CONDTTTONS
E LINE ITEM BUDGET
m 2 CFR PART 200, UNIFORM ADiIINISTRATIVE REQUTREMENTS, COST PRtNCtPLES, AND AUDTT REQUTREMENTS,
AS ADOPTED PURSUANT TO 2 CFR S 1327.101
Elg crn plnr gr, coNTRAcr cosr pRrNcrpLES AND pRocEDUREs
E mulrt-yeln nwARD. pLEAsE sEE THE MULTT-vEAR spEctAL AwARD coNDtnoN.
E orxen(s): EDA Standard Terms and Conditions for Construction Programs (February 2016)
EDA Regulations set forth at 13 CFR Chapter lll (January 2015)
Summary of EOA Construction Standards (July 2018);
General Fraud Awareness T
SIG}'ATURE OF DEPARITIEIIT OF C( HERCE GRAI'TS
Jorge D. Ayala, Regional Director
D IE
?/to/,t
pRrlrrED NAmE, eRINTED nrLE, at{D stcNATURe or rurxontze\\rprlr oritctrl
Samuel "Keith" Selman, City ttt^n S.r@)
oatE
Iro.3.l)
DATE: July 28, 2020
TO: Peter Zanoni, City Manager
THRU: Steve Viera, Assistant City Manager
SteveV@cctexas.com
361-826-3445
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
CAPTION:
Ordinance authorizing execution of all documents necessary to enter into a Consent Decree with
the United States of America and State of Texas regarding improvements, operation and
maintenance of the City wastewater system and appropriating $1,187,000 for civil penalty for the
United States, attorney fees for the State of Texas, and City legal and consultant services related
to finalizing and obtaining court approval of said decree.
SUMMARY:
This Ordinance authorizes the City Manager or his designee to enter into the Consent Decree
with EPA and TCEQ regarding improvements, operation and maintenance of the City wastewater
system, and to appropriate civil penalty and state attorney fees required by the Consent Decree,
and to appropriate legal and consultant services fees for finalization of the entry of the Consent
Decree, and to begin implementing the work as required by the Consent Decree.
BACKGROUND AND FINDINGS:
The City had a history of numerous sanitary sewer overflows (SSOs), which resulted in EPA
initiating an enforcement effort against the City more than 10 years ago to combat the high
numbers of reported SSOs. At the beginning of negotiations, the EPA threatened to level millions
of dollars in fines against the City and mandate almost one billion dollars of improvements to the
City’s wastewater collection and treatment plant systems. The initial EPA demands to inspect,
clean, repair and replace the entire sanitary sewer collection system, in addition to upgrading lift
stations and wastewater treatment plants over a relatively short capital project timeline of only 10
years, would have increased wastewater rates by more than 100%.
Authorize entering into Wastewater System Consent Decree with the US Environmental
Protection Agency (EPA) and the State of Texas, and appropriating funds for civil penalty,
state attorney, and legal and consultant service fees
AGENDA MEMORANDUM
First Reading for the City Council Meeting August 11, 2020
Second Reading for the City Council Meeting August 18, 2020
Since 2010, the City and the EPA have been negotiating the details of a proposed Consent
Decree to resolve the EPA’s outstanding claims against the City for SSOs and for exceeding limits
required by the Texas Pollutant Discharge Elimination System (TPDES) permits at the City’s
wastewater treatment plants. This 10-year negotiation effort resulted in the City and EPA
reaching the proposed Consent Decree under which the City shall implement a series of programs
within 15 years to clean, inspect, repair, rehabilitate and upgrade the existing wastewater
infrastructure to prevent SSOs throughout the City and to ensure compliance with wastewater
treatment permits. During negotiations, federal officials repeatedly threatened to sue the City. A
successful federal lawsuit against the City could have resulted in more than $400 million in fines
against the City. Negotiations led to an agreed fine of $1,136,000 and $18,000 for state attorney
fees. The Consent Decree also obligates the City to pay stipulated penalties for SSOs and
TPDES permit violations after the City enters the Consent Decree. To finalize entry of the
Consent Decree, the City must pay approximately $33,000 for legal and consultant service fees.
To meet Consent Decree requirements, the City implemented the following major programs:
Consent Decree asset management and reporting program
City-wide collection system cleaning and inspection program
City-wide collection system repairing and rehabilitation program (wastewater IDIQ program)
City-wide collection system capacity assessment and measures
Repair and Upgrade programs for wastewater treatment plants and lift stations
Additionally, the Utilities Department is proposing staff augmentation to execute these programs
and manage all Consent Decree requirements.
ALTERNATIVES:
N/A
FISCAL IMPACT:
The Consent Decree requirements to clean, inspect, repair, rehabilitate and upgrade the
wastewater collection and treatment plant systems are estimated to increase wastewater rates
approximately 2-3% annually without considering inflation rate.
Funding Detail:
Fund: 4200
Organization/Activity: n/a
Mission Element: n/a
Project # (CIP Only): n/a
Account: 200840
Fund: 4200
Organization/Activity: 33400
Mission Element: 042
Project # (CIP Only): n/a
Account: 540025
RECOMMENDATION:
Staff recommends entering into a 15-year Wastewater System Consent Decree with the US
Environmental Protection Agency (EPA), Department of Justice (DOJ) and the State of Texas,
and appropriating funds for civil penalty of $1,136,000, state attorney fee of $18,000, and $33,000
for legal and consultant services for the finalization of the entry of the Consent Decree.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Consent Decree document
Ordinance authorizing execution of all documents necessary to enter into a
Consent Decree with the United States of America and State of Texas regarding
improvements, operation and maintenance of the City wastewater system and
appropriating $1,187,000 for civil penalty for the United States, attorney fees for
the State of Texas, and City legal and consultant services related to finalizing and
obtaining court approval of said decree
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. $1,187,000 is appropriated in the No. 4200 Wastewater Fund for civil penalty
to the U.S., and attorney fees to the State of Texas, and for City legal and consultant
services related to finalizing and obtaining court approval of said decree.
SECTION 2. The City Manager, or designee, is authorized to execute all documents
necessary to enter into the Consent Decree with the United States of America and the
State of Texas regarding improvements, operation and maintenance of the City
wastewater system.
SECTION 3. The City Manager is authorized to execute contract amendment s in a total
cumulative amount not to exceed $33,000 with Lloyd Gosselink, HDR, Pipeline Analysis,
Blue Cypress Consulting, and Barnes & Thornburg for legal and consulting services
related to finalizing and obtaining court approval of the consent decree.
SECTION 4. The City FY 2019-2020 Operating and Capital Budget adopted by Ordinance
No. 031870 is amended to increase expenditures by $1,187,000.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ _______________________
Rebecca Huerta Joe McComb
City Secretary Mayor
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
____________________________________
)
UNITED STATES OF AMERICA and )
STATE OF TEXAS, )
)
Plaintiffs, ) Civil Action No. ______________
)
)
v. )
) CONSENT DECREE
CITY OF CORPUS CHRISTI, )
)
Defendant. )
)
____________________________________ )
TABLE OF CONTENTS
I. JURISDICTION AND VENUE .................................................................................. 2
II. APPLICABILITY ........................................................................................................ 3
III. PURPOSE .................................................................................................................... 4
IV. DEFINITIONS ............................................................................................................ 4
V. REMEDIAL MEASURES, PRIORITIZATION, AND SCHEDULES .................... 12
VI. REVIEW OF DELIVERABLES ............................................................................... 45
VII. REPORTING REQUIREMENTS ............................................................................. 48
VIII. CIVIL PENALTY ..................................................................................................... 49
IX. STIPULATED PENALTIES ..................................................................................... 51
X. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS.................................. 57
XI. FORCE MAJEURE ................................................................................................... 59
XII. DISPUTE RESOLUTION ......................................................................................... 61
XIII. RIGHT OF ENTRY AND RECORD RETENTION ................................................ 65
XIV. COSTS AND ATTORNEYS’ FEES ......................................................................... 66
XV. NOTICES .................................................................................................................. 67
XVI. CERTIFICATION ..................................................................................................... 69
XVII. EFFECTIVE DATE ................................................................................................... 69
XVIII. RETENTION OF JURISDICTION ........................................................................... 69
XIX. MODIFICATION ...................................................................................................... 70
XX. TERMINATION ........................................................................................................ 72
XXI. PUBLIC PARTICIPATION ...................................................................................... 75
XXII. SIGNATORIES/SERVICE ....................................................................................... 75
XXIII. INTEGRATION/APPENDICES ............................................................................... 76
XXIV. FINAL JUDGMENT ................................................................................................. 76
1
WHEREAS, Plaintiffs the United States of America (“United States”), on behalf of the
United States Environmental Protection Agency (“EPA”), and the State of Texas (“State”),
acting at the request of and on behalf of the Texas Commission on Environmental Quality
(“TCEQ”), have filed a Complaint in this action concurrently with this Consent Decree, alleging
that the Defendant, the City of Corpus Christi, Texas (“City”), violated the federal Clean Water
Act (“Act” or “CWA”), 33 U.S.C. § 1251 et seq., Chapter 26 of the Texas Water Code (“TWC”),
and the regulations promulgated under both the CWA and the TWC;
WHEREAS, the Complaint alleges that the City violated, and will continue to violate,
the Act and the TWC by: (1) exceeding effluent limitations and other conditions established in
National Pollutant Discharge Elimination System (“NPDES”) permits issued by the State to the
City pursuant to Section 402 of the CWA, 33 U.S.C. § 1342 (“TPDES Permits”), for its six
municipal Waste Water Treatment Plants (“WWTPs”) located in and around the City of Corpus
Christi, Texas; and (2) discharging pollutants, including sewage;
WHEREAS, the City has developed, calibrated, and verified a hydraulic model of its
Sewer Collection System, and EPA has determined that, as of the Date of Lodging, the model
adequately represents the system;
WHEREAS, the City has been implementing a number of programs to upgrade, operate
and maintain its Sewer Collection System and WWTPs and these programs are targeted at
preventing and responding to Sanitary Sewer Overflows and exceedances of effluent limits found
in its TPDES Permits;
WHEREAS, the City does not admit any facts or liability to the United States, the State
or any third party arising out of the transactions or occurrences alleged in the Complaint;
2
WHEREAS, the State is a Plaintiff in this action pursuant to Section 309(e) of the CWA,
33 U.S.C. § 1319(e);
WHEREAS, TCEQ has been authorized by EPA to administer the NPDES program in
Texas pursuant to Section 402(b) of the CWA, 33 U.S.C. § 1342(b);
WHEREAS, the Parties desire to avoid litigation and to work cooperatively on CWA
compliance issues relating to the City’s Sewer Collection System and the City’s WWTPs;
WHEREAS, the Parties recognize this Consent Decree is in the interests of justice, a
transparent resolution, and consistent with the impartial rule of law and fundamental
constitutional principles, including federalism and control of state governments by their
democratically elected leaders. While the City has proposed and agreed to make significant
improvements to its infrastructure, this Consent Decree is narrowly tailored to achieve the
improvements necessary to remedy alleged violations of federal and state law; it is not being
used to accomplish other policy goals or obtain relief that is unrelated to the alleged violations;
WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds,
that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation
between the Parties, and that this Consent Decree is fair, reasonable, and in the public interest;
NOW, THEREFORE, with the consent of the Parties, IT IS HEREBY ADJUDGED,
ORDERED, AND DECREED as follows:
I. JURISDICTION AND VENUE
This Court has jurisdiction over the subject matter of this action pursuant to
Sections 309(b) and 504(a) of the CWA, 33 U.S.C. §§ 1319(b) and 1364(a), and 28 U.S.C.
§§ 1331, 1345 and 1355, and over the Parties. Venue lies in this District, pursuant to Section
309(b) of the CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1391(b) and 1395(a), because it is
the judicial district where the City is located and where the alleged violations occurred. For
3
purposes of this Consent Decree, or any action to enforce this Consent Decree, the City consents
to the Court’s jurisdiction over the City, this Consent Decree, and any action to enforce this
Consent Decree. The City further consents to venue in this judicial district.
For purposes of this Consent Decree, the City agrees not to contest that the
Complaint states claims upon which relief may be granted under the CWA and the TWC.
II. APPLICABILITY
The provisions of this Consent Decree shall apply to, and are binding upon, the
United States and the State, and upon the City and its successors, assigns, or other entities or
persons otherwise bound by law.
No transfer of ownership or operation of any portion of the City’s Wastewater
Collection and Treatment System (“WCTS”), whether in compliance with the procedures of this
Paragraph or otherwise, shall relieve the City of its obligation to ensure that the terms of this
Consent Decree are implemented unless: (a) the transferee agrees to undertake the obligations of
the Consent Decree and to be substituted for the City as a Party under the Consent Decree and
thus be bound by the terms thereof, and (b) the United States and the State consent to the transfer
and to relieve the City of its obligations under the Consent Decree. Any dispute concerning a
decision by the United States or the State to refuse to approve the substitution of the transferee
for the City shall be considered a dispute concerning modification and shall be resolved pursuant
to Paragraph 110.
Within sixty (60) Days after the Effective Date of the Consent Decree, the City
shall provide a copy of this Consent Decree to all officers, employees, and agents whose duties
might reasonably include compliance with any provision of this Consent Decree, as well as to
any contractor or consultant retained to perform Work required under this Consent Decree. The
City may satisfy this requirement by providing an electronic copy of this Consent Decree to the
4
required officers, employees, agents, contractors, and/or consultants, or by providing an
electronic link to a website where the Consent Decree is posted. The City shall condition any
contract to perform Work required under this Consent Decree upon performance of the Work in
conformity with the terms of this Consent Decree.
Any action taken by any contractor or consultant retained to implement the City’s
obligations under this Consent Decree shall be considered an action of the City solely for
purposes of determining compliance with this Consent Decree. In an action to enforce this
Consent Decree, the City shall not assert as a defense against the United States and/or the State
the failure of any of its officers, directors, employees, agents, contractors, consultants,
successors, or assigns, to take any action necessary to comply with the provisions of this Consent
Decree. However, this Consent Decree shall not limit the City’s right to take all appropriate
action against any such person or entity that causes or contributes to the City’s act or failure to
act.
III. PURPOSE
The express purpose of the Parties entering into this Consent Decree is for the City
to take all necessary measures to achieve full compliance with the CWA, the TWC, and
regulations promulgated thereunder, as well as full compliance with the City’s TPDES Permits.
All plans, reports, construction, remedial maintenance, operational requirements, and other
obligations in this Consent Decree, and in any amendment to this Consent Decree, shall have the
objective of ensuring that the City complies with the CWA and TWC, all applicable federal and
state regulations, and the terms and conditions of the City’s TPDES Permits.
IV. DEFINITIONS
Terms used in this Consent Decree that are defined in the CWA or the regulations
promulgated under the CWA shall have the meanings assigned to them in the CWA or such
5
regulations, unless otherwise provided in this Consent Decree. Whenever the terms set forth
below are used in this Consent Decree, including the attached appendices, the following
definitions shall apply:
a. “Building/Private Property Backup” shall mean a wastewater release or
backup into a building or onto private property that is caused by blockages, flow
conditions, or other malfunctions in the WCTS. A wastewater release or backup
into a building or onto private property that is caused by blockages, flow
conditions, or other malfunctions of a Private Lateral is not a Building/Private
Property Backup for purposes of this Decree.
b. “Capacity Constraint” shall mean those discrete components, or groups of
components, of the City’s Sewer Collection System that are determined by the City,
consistent with Section V and Appendix D (Capacity Assessment and Remedial
Measures Approach), to have verified deficiencies that have: i) caused or
significantly contributed to previous capacity-related SSOs due to wet weather
events or ii) that are likely to cause or significantly contribute to future capacity-
related SSOs due to wet weather events, as defined in Appendix D (Capacity
Assessment and Remedial Measures Approach).
c. “CCTV” shall mean closed circuit television.
d. “City” shall mean the Defendant, the City of Corpus Christi, Texas.
e. “CWA” shall mean the Clean Water Act, formally titled the Federal Water
Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq.
f. “CMOM Plan” shall mean the City’s Capacity, Management, Operation
and Maintenance Plan that was approved by EPA prior to the Date of Lodging.
6
g. “Complaint” shall mean the complaint filed by the Plaintiffs in this case.
h. “Consent Decree” or “Decree” shall mean this Consent Decree and all
appendices attached hereto, as listed in Section XXIII (Integration/Appendices).
i. “Consolidation Impacted Sub-basins” shall mean WCTS Sub-basins that
will be impacted by any WWTP consolidation or construction projects.
j. “Date of Lodging” shall mean the date this Consent Decree is filed for
lodging with the Clerk of the Court for the United States District Court for the
Southern District of Texas.
k. “Day” or “Days” shall mean a calendar day or calendar days unless
expressly stated to be a business day. In computing any period of time under this
Consent Decree, where the last day would fall on a Saturday, Sunday, or federal or
state holiday, the period shall run until the close of business of the next business
day.
l. “Deliverable” shall mean any written document required to be submitted
by or on behalf of the City to EPA and/or TCEQ pursuant to this Consent Decree.
m. “Effective Date” shall have the meaning provided in Section XVII
(Effective Date).
n. “EPA” shall mean the United States Environmental Protection Agency
and any of its successor departments or agencies.
o. “EPA Denial” shall mean EPA final action disapproving the 2018 TCEQ-
adopted Texas Surface Water Quality Standards relating to Segments 2485 – Oso
Bay and 2486 – Blind Oso Bay, pursuant to 40 C.F.R. § 131.21(a).
p. “FOG” shall mean fats, oils, and grease.
7
q. “Force Main” shall mean any City-owned or operated pipe that receives
and conveys, under pressure, wastewater from the discharge side of a pump. A
Force Main is intended to convey wastewater under pressure.
r. “Gravity Sewer Main” shall mean a City-owned or operated pipe that
receives, contains and conveys wastewater not normally under pressure and that is
intended to flow unassisted under the influence of gravity. For purposes of this
Consent Decree, a Private Lateral is not a Gravity Sewer Main.
s. “Gravity Sewer Main Segment” shall mean the full length of a Gravity
Sewer Main between two manholes.
t. “Hydraulic Model” shall mean the hydraulic model of the City’s Sewer
Collection System that the City developed, calibrated and verified, and that EPA
determined adequately represents, as of the Date of Lodging, the City’s Sewer
Collection System.
u. “Integrated Plan” shall mean an Integrated Plan developed by the City in
accordance with the EPA guidance titled “Integrated Municipal Stormwater and
Wastewater Planning Approach Framework” dated June 5, 2012 (the “EPA
Framework”).
v. “Large Diameter Gravity Sewer Main” shall mean a Gravity Sewer Main
within the Sewer Collection System that is twenty-four (24) inches or greater in
diameter.
w. “Oso WWTP Alternative” shall mean the rerouting of flows of wastewater
from the existing Oso WWTP as a result of an EPA Denial and in accordance with
the procedures set forth in Paragraph 32 of this Consent Decree.
8
x. “Oso Alternative Impacted Sub-basins” shall mean Sub-basins that will be
impacted by any Oso WWTP Alternative projects.
y. “Paragraph” shall mean a portion of this Consent Decree identified by an
Arabic numeral.
z. “Parties” shall mean the United States, the State of Texas, and the City.
aa. “Prioritization Approach” shall mean the methodology for prioritizing
Subdivisions for cleaning and inspection set forth in Appendix C (Prioritization
Approach).
bb. “Priority Projects” shall mean Condition Remedial Measures for Small
Diameter Gravity Sewer Mains, Force Mains, manholes, air relief valves, and lift
stations that require implementation of Condition Remedial Measures to avoid the
occurrence of an SSO anticipated to occur before the submission of the Condition
Remedial Measures Plan
cc. “Private Lateral” shall mean a sanitary sewer or wastewater collection line
not owned by the City that conveys sewage or wastewater from a building or
buildings to the Sewer Collection System.
dd. “Remedial Measures” shall mean Sewer Collection System improvements
identified by the City for implementation, pursuant to Section V of this Consent
Decree, to address condition- and/or capacity-related deficiencies within the Sewer
Collection System. Remedial Measures include, but are not limited to, spot repairs,
trenchless sewer rehabilitation, sewer replacement, and repair or reconstruction.
Remedial Measures meant to address condition-related deficiencies will be referred
9
to as “Condition Remedial Measures.” Remedial Measures meant to address
capacity-related deficiencies will be referred to as “Capacity Remedial Measures.”
ee. “SSO” shall mean any overflow, spill, or release of wastewater from, or
caused by conditions in, the Sewer Collection System. SSOs shall include:
i. discharges to waters of the United States or into or adjacent to Waters in
the State of Texas from the City’s Sewer Collection System; and
ii. any release of wastewater from the City’s Sewer Collection System to
public or private property that does not reach waters of the United States
or Waters in the State of Texas, including Building/Private Property
Backups;
ff. “Section” shall mean a portion of this Consent Decree identified by a
Roman numeral.
gg. “Sewer Collection System” shall mean the municipal wastewater
collection, retention, and transmission systems, including all pipes, interceptors,
Force Mains, Gravity Sewer Mains, lift stations, pumping stations, manholes and
appurtenances thereto, that are owned or operated by the City. For purposes of this
Consent Decree, the Sewer Collection System does not include Private Laterals.
hh. “Sewershed” shall mean a section of the City’s Sewer Collection System
that is a distinct drainage or wastewater collection area and has been designated as
such by the City. For purposes of this Consent Decree, the City has the following
six Sewersheds:
i. the Allison Sewershed;
ii. the Broadway Sewershed;
10
iii. the Greenwood Sewershed;
iv. the Laguna Madre Sewershed;
v. the Oso Sewershed; and
vi. the Whitecap Sewershed.
ii. “Small Diameter Gravity Sewer Main” shall mean a Gravity Sewer Main
within the Sewer Collection System that is less than twenty-four (24) inches in
diameter.
jj. “State” shall mean the State of Texas.
kk. “Sub-basin” shall mean a portion of the City’s Sewer Collection System
served by a single lift station or a designated portion of the City’s Sewer Collection
System, as identified by the City.
ll. “Subdivisions” are the approximately 1,700 distinct areas that together
make up the Sewer Collection System. Each of these areas was constructed during
a relatively short period such that the asset materials, methods of construction,
design, soil conditions, and asset ages are similar and there is generally a single
defined downstream terminus per Subdivision.
mm. “TCEQ” shall mean the Texas Commission on Environmental Quality and
any of its successor departments or agencies.
nn. “TPDES Permits” shall mean Texas Pollutant Discharge Elimination
System permits issued to the City for the WWTPs.
oo. “United States” shall mean the United States of America, acting on behalf
of EPA.
11
pp. “WCTS” shall mean the combined total of all WWTPs and the Sewer
Collection System.
qq. “WWTP(s)” shall mean one or more of the following wastewater
treatment plants operated by the City:
i. The Allison Wastewater Treatment Facility (“Allison WWTP”), located
at 4101 Allison Drive in the northwest portion of the City of Corpus
Christi, Texas, approximately 1 mile north of Interstate Highway 37 in
Nueces County, Texas;
ii. The Broadway Wastewater Treatment Facility (“Broadway WWTP”),
located at 1402 West Broadway, approximately 3,000 feet east of the
intersection of Broadway and North Port Avenue in the City of Corpus
Christi in Nueces County, Texas;
iii. The Greenwood Wastewater Treatment Facility (“Greenwood WWTP”),
located at 6541 Greenwood Drive, at the intersection of State Highway
357 (a/k/a Saratoga Blvd.) and Greenwood Drive, about 1.5 miles south
of South Padre Island Drive, in the City of Corpus Christi in Nueces
County, Texas;
iv. The Laguna Madre Wastewater Treatment Facility (“Laguna Madre
WWTP”), located at 201 Jester Street, approximately 0.5 miles east of
the intersection of Jester Street and N.A.S. Drive in the City of Corpus
Christi in Nueces County, Texas;
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v. The Oso Wastewater Treatment Facility (“Oso WWTP”), located at 501
Nile Drive, at the intersection of Nile Drive and Ennis Joslin Road, in
the City of Corpus Christi in Nueces County, Texas; and
vi. The Whitecap Wastewater Treatment Facility (“Whitecap WWTP”),
located at 13409 Whitecap Boulevard at the west end of Whitecap
Boulevard on Padre Island within the City of Corpus Christi in Nueces
County, Texas.
rr. “Work” shall mean the activities the City is required to perform under this
Consent Decree until the termination of this Consent Decree.
V. REMEDIAL MEASURES, PRIORITIZATION, AND SCHEDULES
No later than the Effective Date of this Consent Decree, the City shall initiate the
Work required by this Consent Decree. Unless otherwise specified in this Consent Decree, the
City shall complete all Work no later than fifteen (15) years from the Effective Date.
Additionally, the City shall meet the following interim deadlines:
a. By no later than two (2) years after the Effective Date, the City will inspect and
assess, in accordance with Paragraph 19 (Inspection Assessment Criteria), all
Force Mains and Force Main air relief valves in the WCTS;
b. By no later than four (4) years after the Effective Date, the City will complete
the following activities in accordance with Paragraphs 15 (Small Diameter
Gravity Sewer Main Cleaning) and 19 (Inspection Assessment Criteria):
i. Cleaning and inspection of all Small Diameter Gravity Sewer Mains
in the Subdivisions prioritized using the Prioritization Approach,
which includes all Subdivisions where one (1) or more structural or
blockage-related SSO from a Gravity Sewer Main has occurred since
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January 1, 2012, provided that the City shall clean and inspect no less
than 450 miles of Small Diameter Gravity Sewer Mains pursuant to
this requirement;
ii. Inspection of all manholes associated with Large Diameter Gravity
Sewer Mains in the WCTS; and
iii. Inspection of all lift stations in the WCTS.
c. By not later than six and a half (6.5) years after the Effective Date, the City
shall complete all Priority Projects;
d. By no later than ten (10) years after the Effective Date, the City shall complete
all Gravity Sewer Main cleaning.
e. By no later than ten (10) years after the Effective Date, the City shall complete
all inspections of all Gravity Sewer Mains.
Assets that fall into the categories identified in Paragraphs 9.a-e but are installed
after the Effective Date may be inspected, assessed, cleaned, and maintained on schedules
determined pursuant to the CMOM Plan required by Section V.F, rather than on the schedules
set forth in Paragraph 9.
All Work shall be performed in accordance with the Design Criteria for Wastewater
Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code ch.
217, and using sound engineering practices to ensure that construction, management, operation
and maintenance of the Sewer Collection System complies with the CWA.
A. Capital Improvement Projects
Completion of Existing Sewer Collection System Capital Improvement Projects.
The City shall complete the existing capital projects listed at Appendix A (Capital Improvements
Plan Projects) by the dates specified in Appendix A (Capital Improvements Plan Projects). The
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City shall provide notice and certification to EPA, in accordance with the requirements of
Section XV (Notices), when all projects identified in Appendix A have been completed.
In each Annual Report required by Section VII (Reporting Requirements), the City
shall include a progress update for each capital improvement project contained in Appendix A
(Capital Improvements Plan Projects).
B. Cleaning of Gravity Sewer Mains
System-Wide Sewer Collection System Cleaning. The City shall implement a
program of cleaning that results in the cleaning or inspection of every Gravity Sewer Main
within the Sewer Collection System, including the Small Diameter Gravity Sewer Mains cleaned
and inspected pursuant to Paragraph 9, within ten (10) years of the Effective Date (“System-
Wide Cleaning Program”), except that the City is not required to clean Large Diameter Gravity
Sewer Mains it otherwise inspects and assesses pursuant to Paragraph 16. For purposes of this
Section, cleaning shall mean the removal of FOG, debris, roots, and/or any other deposits from
the interior of any Gravity Sewer Main. “Cleaning Findings” are data and information gathered
during initial and repeat inspections and cleanings of Gravity Sewer Mains, including, but not
limited to, CCTV findings and SSO root-cause findings. For Gravity Sewer Main cleaning
requirements, the city-owned portions of sewer laterals are not subject to the cleaning
requirements within Paragraphs 14 through Paragraph 16, except as required by the City’s SSO
Response Plan referenced in Paragraph 38. The System-Wide Cleaning Program shall be
conducted in accordance with the provisions of this subsection V.B. and Appendix B (Corpus
Christi System-Wide Cleaning Program Process and Guidelines).
Small Diameter Gravity Sewer Main Cleaning. The City shall clean all Small
Diameter Gravity Sewer Mains as follows:
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a. All cleaning and inspection activities performed by the City since July 1, 2016
that conform to the requirements of Paragraphs 14 and 15 shall be credited
towards the City’s compliance requirements under this Paragraph.
b. The City shall clean Small Diameter Gravity Sewer Mains in Subdivisions
prioritized using the Prioritization Approach on a schedule consistent with
Paragraph 9.b.i and this Paragraph 15.
c. Annual Minimum Cleaning Requirement. Each calendar year (prorated for any
partial year after the Effective Date), the City shall clean, at a minimum, an
amount of Small Diameter Gravity Sewer Mains (measured in pipe miles)
equaling twelve (12) percent of the total number of pipe miles of all Small
Gravity Sewer Mains.
d. Repeat Cleanings and Evaluation of Cleaning Findings. The City shall continue
to implement a repeat cleaning program (the “Hot Spot Program”) to re-clean
specific Small Diameter Gravity Sewer Mains after initial cleaning of the Small
Diameter Gravity Sewer Mains. Notwithstanding any existing requirements for
determining the frequency of re-cleaning, after the Effective Date the frequency
of re-cleaning as part of the Hot Spot Program shall be updated based on
Cleaning Findings. Cleaning Findings shall also be used to evaluate the routine
repeat cleaning frequency for each Small Diameter Gravity Sewer Main on an
ongoing basis as part of the City’s CMOM Plan.
e. The City may credit both the pipe miles of any initial cleaning and the pipe
miles of any Hot Spot Program cleaning completed during a given calendar year
toward the annual twelve (12) percent requirement of this subsection V.B.,
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without regard to whether the location of the initial cleaning and the location of
the Hot Spot Program cleaning are physically overlapping and even if the same
pipe segment or portion of a pipe is cleaned as part of the initial cleaning
requirement and Hot Spot Program cleaning in the same calendar year.
Large Diameter Gravity Sewer Main Cleaning. The City shall clean or inspect all
Large Diameter Gravity Sewer Mains as follows:
a. Initial Inspections. The City shall inspect all manholes providing access to
Large Diameter Gravity Sewer Mains within four (4) years after the Effective
Date. As part of each inspection, the City shall measure the depth of debris in
the associated Large Diameter Gravity Sewer Main at the upstream and
downstream manholes.
b. Cleaning. The City shall clean each Large Diameter Gravity Sewer Main
segment for which the depth of debris, measured at either the upstream or
downstream manhole, exceeds twenty (20) percent of the pipe diameter. No less
than thirty (30) percent of all Large Diameter Gravity Sewer Main segments for
which the depth of debris exceeds twenty (20) percent shall be cleaned within
six (6) years of the effective date and no less than sixty (60) percent of such
sewer segments shall be cleaned within eight (8) years of the effective date. All
such cleaning shall be completed within ten (10) years of the Effective Date.
c. Re-inspection Frequency. Any Large Diameter Gravity Sewer Main segment
found to have a depth of debris, measured at either the upstream or the
downstream manhole, that exceeds twenty (20) percent of the pipe diameter
shall be re-inspected within five (5) years of the date that Large Diameter
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Gravity Sewer Main is inspected unless such main is cleaned within that five (5)
year period, in which case it will be re-inspected within five (5) years of the
date that main is cleaned. Re-cleaning and re-inspection frequencies for all
other Large Diameter Gravity Mains will be determined as part of the CMOM
Plan.
d. All cleaning and inspection activities performed by the City since January 1,
2012 that conform to the requirements of this Paragraph shall be credited
toward the City’s compliance requirements.
Referral of Gravity Sewer Mains for CCTV Inspection. When Cleaning Findings
indicate that any Gravity Sewer Main may have a significant structural defect, each such Gravity
Sewer Main shall be inspected using CCTV and assessed in accordance with Appendix E
(Condition Assessment and Remedial Measures Approach). A Gravity Sewer Main “may have
significant structural defect” for purposes of this Paragraph if, inter alia:
a. a cleaning tool cannot be passed through the pipe;
b. pieces of broken pipe are observed at the downstream manhole; or
c. a significant quantity of recently infiltrated soil is observed at the downstream
manhole.
C. Condition Assessment and Remedial Measures Approach
The City shall conduct a system-wide inspection, assessment and Remedial
Measures program that evaluates the structural condition of its Gravity Sewer Mains, manholes,
Force Mains, and lift stations within the Sewer Collection System by implementing the
inspection, assessment and Remedial Measures requirements of Paragraphs 19-27 . For Gravity
Sewer Main inspection requirements, the full length of the city-owned portions of sewer laterals
are not required to be inspected beyond what is typically visible during an inspection of a lateral
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connection point to the Gravity Sewer Main. Condition defects identified within the city-owned
portions of sewer laterals causing or significantly contributing to SSOs shall be addressed in a
manner consistent with the SSO Response Plan and CMOM Plan. Based on the criteria included
in the applicable following paragraphs, all such facilities inspected pursuant to Paragraph 19
shall be subject to: (a) the requirements of Paragraph 20 (Priority Projects), (b) the Condition
Remedial Measures Alternatives Analyses, pursuant to Paragraph 23, or (c) the Performing
Assets Program, pursuant to Paragraph 27.
Inspection Assessment Criteria.
a. Gravity Sewer Mains. The City shall inspect and assess, in accordance with the
rating criteria set forth in Appendix E (Condition Assessment and Remedial
Measures Approach) and the deadlines set forth in Paragraph 9, all Gravity
Sewer Mains not installed, rehabilitated, or replaced more recently than ten (10)
years prior to the Effective Date. Any Gravity Sewer Main that has been
inspected after January 1, 2010, in a manner consistent with the requirements of
Paragraphs 19.a.i and 19.a.ii and for which the City has retained video
inspection records sufficient to allow identification of the applicable structural
condition category listed in Appendix E (Condition Assessment and Remedial
Measures Approach) shall be credited toward the City’s compliance with this
subsection V.C., provided that the City has also completed an assessment for
each such Gravity Main in accordance with Appendix E (Condition Assessment
and Remedial Measures Approach) and has included the results of any such
assessment in the Condition Assessment Report.
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i. Large Diameter Gravity Sewer Main Inspection. For Large Diameter
Sewer Main inspections, the City may use CCTV, sonar, 360-degree
video, laser imaging, visual inspection, physical entry, or other techniques
commonly used by other sewer management agencies.
ii. Small Diameter Gravity Sewer Main Inspection.
1. CCTV Inspection of Gravity Sewer Mains. The City shall use
CCTV to inspect the following Small Diameter Gravity Sewer
Mains:
a. All Small Diameter Gravity Sewer Mains inspected pursuant
to Paragraph 9.b made of any material other than polyvinyl
chloride (“PVC”). However, this paragraph does not apply to
those Gravity Sewer Mains that have been slip-lined, CIPP
lined, replaced, or pipe-burst, which are to be inspected
pursuant to the requirements of Paragraphs 27 (Performing
Assets Program) or 19.a.ii.3;
b. Any Small Diameter Gravity Sewer Main referred in
accordance with Paragraph 17 (Referral of Gravity Sewer
Mains for CCTV Inspection);
c. In Subdivisions addressed as part of the Performing Asset
Program, all Small Diameter Gravity Sewer Mains that were
installed before 1974 and are made of any material other than
PVC. However, this paragraph does not apply to those Small
Diameter Gravity Sewer Mains that have been slip-lined,
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CIPP lined, replaced, or pipe-burst, which are to be inspected
pursuant to the requirements of Paragraphs 27 (Performing
Assets Program) and 19.a.ii.3;
2. In Subdivisions addressed as part of the Performing Asset
Program, the City must use CCTV or pole camera(s) to inspect all
Small Diameter Gravity Sewer Mains made of any material other
than PVC that were installed between 1974 and 1982, inclusive.
3. All Other Small Diameter Gravity Sewer Mains. The City shall
inspect all other Small Diameter Gravity Sewer Mains (i.e., PVC
Small Diameter Gravity Sewer Mains, Performing Assets Small
Diameter Gravity Sewer Mains installed between 1983 and the
date ten (10) years prior to the Effective Date, inclusive, and
Gravity Sewer Mains that have been slip-lined, CIPP lined,
replaced, or pipe-burst) using one or more of the following
techniques:
a. CCTV,
b. pole camera,
c. smoke testing,
d. review of information from sewer cleaning,
e. dye t esting,
f. mechanical proofing, and
g. other techniques commonly used by other sewer
management agencies.
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When inspections conducted using any of the non-CCTV techniques listed
above indicate that structural defects may be present, the City shall inspect
the affected Gravity Sewer Main Segment using CCTV.
b. Manholes. The City shall visually inspect all manholes except those for which
it has documentation of a visual inspection conducted after January 1, 2010,
sufficient to assess the physical condition of the manhole. All inspections of
manholes associated with Small Diameter Gravity Sewer Mains shall be
conducted during the same time frame used for the inspection of the associated
Small Diameter Gravity Sewer Main, or sooner. The City shall assess the
condition of each inspected manhole in accordance with Appendix E (Condition
Assessment and Remedial Measures Approach).
c. Force Mains and Air Relief Valves. The City shall inspect and assess each
Force Main in the Sewer Collection System, together with its air relief valves in
accordance with the criteria below:
i. Force Mains. All Force Mains shall be inspected by visually examining
any exposed area of a Force Main and the ground surface over the entire
length of buried Force Mains. When an examination of the exposed area
of a Force Main or the ground surface over any Force Main reveals
evidence of Force Main failure, the relevant section of Force Main shall be
excavated and physically examined. Force Mains that have been
inspected since 2015 in a manner consistent with the requirements of this
Paragraph 19.c. and for which the City has retained inspection records
suitable to identify the condition shall be credited toward the City’s
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compliance with this subsection V.C., so long as any defects identified
that are likely to cause or significantly contribute to the future occurrence
of an SSO or SSOs are addressed pursuant to Paragraph 20 (Priority
Projects) or subject to Condition Remedial Measures Alternatives
Analysis.
ii. Force Main Air Relief Valves. All air relief valves shall be inspected to
identify defects that may cause or contribute to SSOs. Force Main air
relief valves that have been inspected since 2015 and prior to the Effective
Date in a manner consistent with this paragraph 19.c. and for which the
City has retained inspection records suitable to identify the condition shall
be credited toward the City’s compliance with this subsection V.C., so
long as the City demonstrates that it has completed all repairs of defects
that may cause or contribute to an SSO or SSOs identified in such
inspections or completes such repairs within 180 Days after the Effective
Date.
d. Lift Stations. All lift station inspections shall be conducted using the lift station
checklist included as Appendix E (Condition Assessment and Remedial
Measures Approach) to this Consent Decree. Lift stations that have been
inspected since 2015 for which the City has retained inspection records suitable
to identify the condition category in accordance with Appendix E (Condition
Assessment and Remedial Measures Approach) shall be credited toward the
City’s compliance with this subsection V.C.
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Priority Projects. Beginning on the Effective Date and continuing on an ongoing
basis until four (4) years from the Effective Date, the City shall identify the Priority Projects
using the results of all inspections performed pursuant to Paragraph 19 (Inspection Assessment
Criteria), and any other source(s) of information reasonably available, including customer
complaints, service calls, information discovered during the Wet Weather SSO Verification
Process, Cleaning Findings, and conditions discovered during maintenance activities.
a. Priority Projects shall include projects necessary to remediate:
i. any defect that is: (1) causing any Small Diameter Gravity Sewer Main to be
rated D or E, according to the applicable table in Appendix E (Condition
Assessment and Remedial Measures Approach), and (2) likely to cause or
significantly contribute to an SSO before the submission of the Condition
Remedial Measures Plan;
ii. any defect that is: (1) causing any manhole to be rated D or E, according to
the applicable table in Appendix E (Condition Assessment and Remedial
Measures Approach), and (2) likely to cause or significantly contribute to an
SSO before the submission of the Condition Remedial Measures Plan;
iii. any defect in any component of any lift station that: (1) receives a rating of
“poor,” according to the applicable table in Appendix E, and (2) is likely to
cause or significantly contribute to an SSO before the submission of the
Condition Remedial Measures Plan;
iv. any Force Main found to have a defect likely to cause or significantly
contribute to an SSO before the submission of the Condition Remedial
Measures Plan;
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v. any air relief valve found to have a defect that may cause or contribute to an
SSO shall be repaired as soon as practicable, but not longer than 180 Days
after discovery or 180 Days after the Effective Date, whichever is later; and
vi. any other defect the City identifies as having caused or significantly
contributed to, or being likely to cause or significantly contribute to an
SSO before the submission of the Condition Remedial Measures Plan.
b. All Priority Projects shall be implemented as soon as practicable, and they must
be completed not later than six and a half (6.5) years after the Effective Date,
except as provided in Paragraph 20.c. Defects identified pursuant to this
Paragraph that require remediation but have not caused and are not likely to
cause or significantly contribute to an SSO before the submission of the
Condition Remedial Measures Plan shall be identified and addressed in the
Condition Remedial Measures Plan.
c. Priority Projects that require permitting or coordination with Capacity Remedial
Measures may be monitored and completed as part of the Capacity Remedial
Measures Plan. Any Priority Project that meets the criteria of this Paragraph
and which the City decides to monitor and complete as part of the Capacity
Remedial Measures Plan shall be identified in writing to EPA in the Annual
Report for the year in which the Priority Project is identified as needing such
permitting or coordination. Priority Projects that meet the criteria of this
Paragraph 20.c. and which are identified in writing to EPA are not required to
be completed within six and a half (6.5) years after the Effective Date.
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d. The range of solutions and techniques used to complete Priority Projects shall
be consistent with Appendix E (Condition Assessment and Remedial Measures
Approach), where applicable, and long term compliance with the CWA.
Condition Assessment Report. Within four and a half (4.5) years of the Effective
Date, the City shall submit to EPA for review and comment, in accordance with Section VI
(Review of Deliverables), a report describing the results of the Condition Assessment and
Remedial Program (“Condition Assessment Report”). The Condition Assessment Report shall
list all assessments and Condition Remedial Measures completed during the first four (4) years
after the Effective Date, and describe all Priority Projects. The Condition Assessment Report
shall address the following Sewer Collection System assets:
a. all Gravity Sewer Mains assessed in the first four (4) years after the Effective
Date;
b. all manholes associated with Small Diameter Gravity Sewer Mains inspected in
the first four (4) years after the Effective Date;
c. all manholes associated with Large Diameter Gravity Sewer Mains;
d. all lift stations;
e. all air relief valves; and
f. all Force Mains.
The Condition Assessment Report shall conform to the template included as
Appendix F (Condition Assessment Report Template) to this Consent Decree.
Condition Remedial Measures Alternatives Analysis. Following the submittal of
the Condition Assessment Report, the City shall continue to analyze and assess the techniques
available to address condition-related defects identified in the Sewer Collection System that were
26
not remediated pursuant to Paragraph 20 (Priority Projects). The City shall select Condition
Remedial Measures for all assets identified as requiring remedial action based upon criteria such
as the long‐term performance of the asset; the consequences of failure of the asset; the cost of
maintaining the asset; the type and severity of the defect(s); the past performance of similar
assets; and the historical operation and maintenance of the asset (e.g. overflows, inspections,
Cleaning Findings, cleaning frequency, previous remediation, customer complaints, and other
unique circumstances for each individual asset). The range of techniques shall be consistent with
Appendix E (Condition Assessment and Remedial Measures Approach) and long term
compliance with the CWA. Unless remediated pursuant to Paragraph 20 (Priority Projects), the
following assets shall be included in the Condition Remedial Measures Alternative Analysis:
a. all Gravity Sewer Mains rated D or E;
b. all manholes rated D or E;
c. any component of any lift station affecting the conveyance of waste water, as
provided in the lift station checklist included as Appendix E (Condition
Assessment and Remedial Measures Approach) to this Consent Decree, that
receives a rating of “poor;”
d. any air relief valve found to have a defect likely to cause or contribute to an SSO;
and
e. any Force Main found to have a defect likely to cause or contribute to an SSO.
Condition Remedial Measures Plan. Within five and a half (5.5) years of the
Effective Date, the City shall submit to EPA for review and approval, in accordance with Section
VI (Review of Deliverables), a plan that identifies specific Condition Remedial Measures,
monitoring mileage/count, and compliance schedules for completing Condition Remedial
Measures for all assets subject to the Condition Remedial Measures Alternatives Analysis
27
(“Condition Remedial Measures Plan”) in accordance with Appendix E (Condition Assessment
and Remedial Measures Approach). The schedule and prioritization for implementation of
Condition Remedial Measures shall be based on: the severity of defects identified; frequency and
history of SSOs; pipe size, age and material; maintenance history; appropriate grouping of Sewer
Collection System assets for bid packages; scheduling practicalities; coordination with Capacity
Remedial Measures; and other appropriate factors. Taking into account the factors listed in the
preceding sentence, the City shall schedule Priority Projects as early as practicable in the
schedule for Condition Remedial Measures. The Condition Remedial Measures Plan shall
adhere to the format and content of the Condition Remedial Measures Plan Template provided in
Appendix G (Condition Remedial Measures Plan Report Template). The Condition Remedial
Measures Plan shall describe the City’s plans to implement all Condition Remedial Measures on
a balanced annual basis and shall include a specific completion year for each project. All
Condition Remedial Measures must be completed within fifteen (15) years of the Effective Date,
except as set forth in Paragraphs 31 and 32.
Condition Remedial Measures Implementation. The City shall implement the
Condition Remedial Measures Plan following receipt of EPA’s written approval. The City shall
complete all approved Condition Remedial Measures by the completion deadlines in the
approved Condition Remedial Measures Plan. Any modifications to any approved Condition
Remedial Measures Plan shall be made in accordance with Section XIX (Modification).
Early Implementation of Condition Remedial Measures. The City may implement
Condition Remedial Measures generated by and consistent with the process in Appendix E
(Condition Assessment and Remedial Measures Approach) before receiving approval of the
Condition Remedial Measures Plan or before the scheduled date of completion in an approved
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Condition Remedial Measures Plan. EPA reserves the right to review and approve, in
accordance with Section VI (Review of Deliverables), all Remedial Measures, including those
completed before the submission of the Condition Remedial Measures Plan. All Remedial
Measures shall be documented in the Annual Report for the year in which the Remedial
Measures are completed.
Performing Assets Program. Beginning on or before four (4) years after the
Effective Date and continuing until all Condition Remedial Measures are completed, the City
shall implement a program (“Performing Assets Program”) of inspection, assessment and
remediation of all Gravity Sewer Mains and manholes associated with Small Diameter Gravity
Sewer Mains that are in Subdivisions not prioritized using the Prioritization Approach and which
were not inspected on a schedule consistent with Paragraph 9.b.i. A detailed description of the
Performing Assets Program is included in the CMOM Plan. As part of the Performing Assets
Program, the City shall:
a. inspect and assess, in accordance with Paragraph 19.a and the rating criteria set
forth in Appendix E (Condition Assessment and Remedial Measures Approach),
all Gravity Sewer Mains in Subdivisions not prioritized using the Prioritization
Approach and which were not inspected on a schedule consistent with
Paragraph 9.b.i;
b. inspect and assess, in accordance with Paragraph 19.b and the rating criteria set
forth in Appendix E (Condition Assessment and Remedial Measures Approach),
the condition of each manhole associated with a Small Diameter Gravity Sewer
Main in Subdivisions not prioritized using the Prioritization Approach and
which were not inspected on a schedule consistent with Paragraph 9.b.i;
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c. analyze and assess the techniques available to address condition related defects
identified pursuant to Paragraphs 27.a-b, and then select Condition Remedial
Measures. Condition Remedial Measure selection shall be based upon criteria
such as the long‐term performance of the asset; the consequences of failure of
the asset; the life-cycle cost of maintaining the asset; the type and severity of the
defect(s); the past performance of similar assets; and the historical operation and
maintenance of the asset (e.g. overflows, inspections, Cleaning Findings,
cleaning frequency, previous remediation, customer complaints, and other
unique circumstances for each individual asset). The range of techniques
selected shall be consistent with Appendix E (Condition Assessment and
Remedial Measures Approach), as applicable, and long-term compliance with
the CWA; and
d. schedule and complete Condition Remedial Measures for all assets identified as
requiring remedial action as part of the Performing Assets Program such that all
Condition Remedial Measures are completed within fifteen (15) years of the
Effective Date, except as set forth in Paragraphs 31 and 32.
D. Capacity Assessment and Remedial Measures Approach
System-Wide Sewer Collection System Capacity Assessment. The City shall
conduct a system-wide capacity assessment of the Sewer Collection System (“Capacity
Assessment”) in accordance with Paragraphs 28 through 29 and the Capacity Assessment and
Remediation Program Process Guidelines in Appendix D (Capacity Assessment and Remedial
Measures Approach). The purpose of the Capacity Assessment is to identify Capacity
Constraints within the Sewer Collection System that have caused or significantly contributed to a
30
previous SSO or SSOs, or are likely to cause or significantly contribute to the future occurrence
of SSOs. The Capacity Assessment shall evaluate the capacity of the Sewer Collection System
using the following series of hydraulic modeling and investigative steps and in accordance with
the requirements set forth in Appendix D (Capacity Assessment and Remedial Measures
Approach):
a. Wet Weather SSO Characterization. The City shall complete a process to
determine whether prior wet weather SSOs that occurred during or immediately
following rain events that exceed one (1) inch over a 24-hour period may have
been wholly or partially caused by potential Capacity Constraints in the Sewer
Collection System (“Wet Weather SSO Characterization Process”). As part of
the Wet Weather SSO Characterization Process, the City shall evaluate each wet
weather SSO that occurred during or immediately following a rain event that
exceed one (1) inch over a 24-hour period in the four (4) years preceding the
Effective Date through the date three (3) years after the Effective Date. The
City shall complete its evaluation of each wet weather SSO in accordance with
Appendix D (Capacity Assessment and Remedial Measures Approach), which
may include, but is not limited to, the following actions:
i. reviewing available records regarding the wet weather SSO;
ii. discussions with staff that performed the post-wet weather SSO
investigation; and
iii. consulting with cleaning and repair crews to obtain information
about maintenance issues and/or structural defects found at the wet
weather SSO site.
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b. The City shall categorize each SSO evaluated as part of the Wet Weather SSO
Characterization Process as either category “A,” “B,” or “C” in accordance with
Appendix D (Capacity Assessment and Remedial Measures Approach).
c. If the Wet Weather SSO Characterization Process determines that a potential
Capacity Constraint may have caused or significantly contributed to a wet
weather SSO (Category A or B), the City shall perform field investigations in
accordance with Paragraph 28.g.
d. If the Wet Weather SSO Characterization Process determines that maintenance
issues and/or condition-related issues caused, likely caused, or significantly
contributed to a wet weather SSO (likely Category B or C), the City shall
address such issues in accordance with the provisions contained in subsection
V.B (Cleaning of Gravity Sewer Mains), subsection V.C (Condition Assessment
and Remedial Measures Approach), or subsection V.F (CMOM) of this Consent
Decree, as appropriate.
e. Hydraulic Modeling Evaluation. The City shall use the Hydraulic Model to
estimate the hydraulic capacities of the Sewer Collection System and compare
these capacity estimates to flow estimates at existing and projected average and
peak dry weather and wet weather flow levels (“Hydraulic Modeling Evaluation
Process”). The City shall use the Hydraulic Modeling Evaluation Process to
identify potential Capacity Constraints in discrete components or groups of
components of the Sewer Collection System that are likely to cause or
significantly contribute to the future occurrence of SSOs within the assessment
parameters of the Hydraulic Model.
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f. Consolidate and Prioritize Capacity Constraints. The City shall use the Wet
Weather SSO Characterization Process and Hydraulic Modeling Evaluation
Process as screening tools to identify all portions of the Sewer Collection
System that have potential Capacity Constraints that may have caused or
significantly contributed to previous SSOs and/or that may cause or
significantly contribute to the future occurrence of SSOs. The City shall
prioritize potential Capacity Constraint locations in accordance with the five-
level scale set forth in Appendix D (Capacity Assessment and Remedial
Measures Approach) and the City shall further evaluate each identified as a
priority 1 through 4 potential Capacity Constraint location by conducting field
investigations, as set forth in Paragraph 28.g and in accordance with the criteria
described in Appendix D (Capacity Assessment and Remedial Measures
Approach).
g. Field Investigations. At each location having a priority 1 through 4 potential
Capacity Constraint, based on the prioritization conducted pursuant to
Paragraph 28.f, the City shall perform field investigation activities in
accordance with the requirements of Appendix D (Capacity Assessment and
Remedial Measures Approach), unless removed as a priority 1 through 4
potential Capacity Constraint based upon updated modeling consistent with
such Appendix D or the City determines without field investigation that a
Capacity Constraint actually exists. Other than potential Capacity Constraints
removed as priority 1 through 4 potential Capacity Constraints based upon
updated modeling, potential Capacity Constraints for which the City decides not
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to perform field investigations shall be treated as Verified Capacity Constraints,
as that term is defined below. Such field investigations shall be conducted in
order of priority, pursuant to Paragraph 28.f. No later than four (4) years from
the Effective Date, the City shall complete field investigations for each potential
Capacity Constraint using appropriate field investigation techniques. The
specific investigation activities to be performed for each such location shall be
determined based on the available information for each location, in accordance
with the process described in Appendix D (Capacity Assessment and Remedial
Measures Approach). For each field investigation location, the City shall: i)
monitor the Capacity Constraint location until at least one (1) rain event that
exceeds one (1) inch over a 24-hour period occurs and, ii) based on whether the
location exhibits a significant wet weather response, verify whether a Capacity
Constraint within the hydraulic model’s assessment parameters exists (“Verified
Capacity Constraints”). If no such wet weather event occurs at a field
investigation location by four (4) years from the Effective Date, the City shall
continue to monitor that location under the CMOM Plan required by subsection
V.F (CMOM).
h. Capacity Assessment Summary Report. By no later than four and a half (4.5)
years from the Effective Date, the City shall submit to EPA for review and
comment, in accordance with Section VI (Review of Deliverables), a report
that summarizes the activities undertaken, a list of potential Capacity
Constraints from the Hydraulic Model and Wet Weather SSO Characterization
Process, and a list and map of Verified Capacity Constraints that were identified
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as part of the Capacity Assessment (“Capacity Assessment Summary Report”)
as of four (4) years from the Effective Date. The Capacity Assessment
Summary Report shall conform to the format and provide the content required
by the Capacity Assessment Report Template set forth in Appendix H (Capacity
Assessment Report Template). If the Wet Weather SSO Characterization
Process and Field Investigation Process (as identified in Appendix D (Capacity
Assessment and Remedial Measures Approach)) determines that a wet weather
SSO was most likely caused by a maintenance issue or condition-related issue
(category B or C), the Capacity Assessment Summary Report shall summarize
how those SSO locations have been addressed in accordance with subsection
V.B (Cleaning of Gravity Sewer Mains), subsection V.C (Condition Assessment
and Remedial Measures Approach), or subsection V.F (CMOM), as appropriate.
i. Capacity Remedial Measures Alternatives Analysis.
i. Following the submission of the Capacity Assessment Summary
Report, the City shall complete an analysis of the available Remedial
Measures to address Verified Capacity Constraints in accordance
with the process and guidelines identified in Appendix D (Capacity
Assessment and Remedial Measures Approach) (“Capacity Remedial
Measures Alternatives Analysis”). The City shall perform an
alternatives analysis for each Verified Capacity Constraint location
where a Capacity Constraint exists that has caused, likely caused, or
significantly contributed to a previous SSO or SSOs and/or that is
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likely to cause or contribute to the future occurrence of an SSO or
SSOs.
ii. Based upon the results of the Capacity Remedial Measures
Alternatives Analysis of Verified Capacity Constraints, the City shall
select an appropriate Capacity Remedial Measure or other action
consistent with Appendix D (Capacity Assessment and Remedial
Measures Approach) for each Verified Capacity Constraint location.
The City’s prioritization and selection of Capacity Remedial
Measures shall be based on appropriate factors such as, but not
limited to: the severity of Verified Capacity Constraints; frequency
and history of SSOs; pipe characteristics, including size, age, and
material; appropriate grouping of Sewer Collection System assets for
bid packages; and scheduling practicalities. The City shall determine
the most practical solution for resolving all Verified Capacity
Constraints considering both the long-term performance of each asset
and the life-cycle cost for maintaining each asset in permanent
service. The range of solutions and techniques considered shall be
consistent with Appendix D (Capacity Assessment and Remedial
Measures Approach). The Capacity Remedial Measures Alternatives
Analyses shall consider the TCEQ-required growth projection that is
current as of the date of the analysis being performed.
Capacity Remedial Measures Plan. By no later than five and a half (5.5) years after
the Effective Date, the City shall submit to EPA for review and approval, in accordance with
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Section VI (Review of Deliverables), a plan that maps, lists, and describes the City’s
recommended Capacity Remedial Measures, including monitoring mileage/count, that were
prioritized and selected from the Remedial Measures Alternatives Analysis, in accordance with
Appendix D (Capacity Assessment and Remedial Measures Approach), to address Verified
Capacity Constraints identified in the Capacity Assessment Summary Report (“Capacity
Remedial Measures Plan”) as having caused or significantly contributed to a previous SSO or
SSOs and/or likely to cause or significantly contribute to the future occurrence of an SSO or
SSOs. The Capacity Remedial Measures Plan shall describe the City’s plans to implement all
Capacity Remedial Measures on a balanced annual basis during the term of the Consent Decree,
taking into account: the likelihood of future SSOs; coordination with Condition Remedial
Measures; permitting requirements; the timeline for easement acquisitions; the appropriate
grouping of Sewer Collection System assets for bid packages; contractor capacity; and
scheduling practicalities. The Capacity Remedial Measures Plan shall include the specific
completion year for each project. The Capacity Remedial Measures Plan shall adhere to the
format and content of the Capacity Remedial Measures Plan Template provided in Appendix I
(Capacity Remedial Measures Plan Report Template).
Capacity Remedial Measures Implementation. The City shall implement the
Capacity Remedial Measures Plan following receipt of EPA’s written approval. Any
modifications to any approved Capacity Remedial Measures Plan shall be made in accordance
with Section XIX (Modification). All Capacity Remedial Measures must be completed within
fifteen (15) years of the Effective Date except as set forth in Paragraphs 31 and 32.
E. WWTP Consolidation and Oso WWTP Alternative
WWTP Consolidation. Within four and a half (4.5) years of the Effective Date, the
City may submit to EPA for review and approval a written notice of the City's intent to
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consolidate two (2) or more of its existing WWTPs or to construct one or more new WWTP(s)
(“Consolidation Notice”). The Consolidation Notice must include a list of any WCTS Sub-
basins that will be impacted by any WWTP consolidation or construction projects
(“Consolidation Impacted Sub-basins”). The Consolidation Notice shall also include a map
depicting each Consolidation Impacted Sub-basin and an explanation of what the expected
impacts will be. EPA shall act upon the Consolidation Notice within ninety (90) Days of the
City’s submission of the Consolidation Notice. If EPA disagrees with the inclusion of any Sub-
basin on the list of Consolidation Impacted Sub-basins, EPA may so notify the City within ninety
(90) Days of the date the Consolidation Notice is received by EPA and that Sub-basin shall not
be considered a Consolidation Impacted Sub-basin. Disagreements concerning the designation of
Consolidation Impacted Sub-basins shall be resolved using the dispute resolution provisions of
Section XII (Dispute Resolution). Except as provided in Paragraph 32, all Remedial Measures in
all Consolidation Impacted Sub-basins shall be completed, in accordance with the requirements
of subsections V.C (Condition Assessment and Remedial Measures Approach) and V.D.
(Capacity Assessment and Remedial Measures Approach), no later than sixteen (16) years from
the Effective Date.
Oso WWTP Alternative. In the event of an EPA Denial or if no final action is taken
with respect to the 2018 TCEQ-adopted Texas Surface Water Quality Standards relating to
Segments 2485 – Oso Bay and 2486 – Blind Oso Bay, pursuant to 40 C.F.R. § 131.21(a) after
eight (8) years of the Effective Date, the City may elect to follow the procedures set forth in this
Paragraph 32.
a. Within one year of the date of the EPA Denial, or if no final action is taken after
eight (8) years of the Effective Date, and no later than nine (9) years after the
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Effective Date, the City may submit to EPA for review and approval, in
accordance with Section VI (Review of Deliverables), a written notice of the
City’s intent to pursue an Oso WWTP Alternative (the “Oso Notice”). The Oso
Notice must include a list of any WCTS Sub-basins that will be impacted by
any Oso WWTP Alternative project (“Oso Alternative Impacted Sub-basins”).
The Oso Notice shall also include a map depicting each Oso Alternative
Impacted Sub-Basin and an explanation of what the expected impacts will be.
EPA shall act upon the Oso Notice within ninety (90) Days of the City’s
submission of the Oso Notice. If EPA disagrees with the inclusion of any Sub-
basin on the list of Oso Alternative Impacted Sub-basins, EPA may so notify the
City within ninety (90) Days of the date the Oso Notice is received by EPA and
that Sub-basin shall not be considered an Oso Alternative Impacted Sub-basin.
If EPA does not act upon the Oso Notice within ninety (90) Days of the City’s
submission of the Oso Notice, the City may treat such non-action as a complete
denial of the list of Oso Alternative Impacted Sub-Basins and may immediately
invoke the formal dispute Resolution Process provided in Paragraph 88 (Formal
Dispute Resolution). If EPA does act upon the Oso Notice within ninety (90)
Days of the City’s submission of the Oso Notice, disagreements concerning the
designation of Oso Alternative Impacted Sub-basins shall be resolved using the
dispute resolution provisions of Section XII (Dispute Resolution).
b. Upon EPA approval of an Oso Notice, any deadlines in an approved Condition
Remedial Measures Plan or Capacity Remedial Measures Plan for Oso
Alternative Impacted Sub-basins shall be suspended, except as provided in
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Paragraph 32.e. Deadlines for all other Remedial Measures associated with
assets outside of the Oso Alternative Impacted Sub-basin(s) shall remain in
effect. If the Condition Remedial Measures Plan or Capacity Remedial
Measures Plan have not yet been submitted, all timelines and requirements for
the submission of those plans shall remain in effect for all assets outside Oso
Alternative Impacted Sub-basins.
c. Oso Alternative Remedial Measures Plan. Following EPA approval of an Oso
Notice and no later than five and a half (5.5) years after the EPA Denial, the
City shall submit to EPA for review and approval, in accordance with Section
VI (Review of Deliverables), a plan that identifies specific Condition Remedial
Measures, Capacity Remedial Measures, monitoring mileage/count, and
compliance schedules for completing Condition and Capacity Remedial
Measures for all assets in Oso Alternative Impacted Sub-Basins. The plan will
be developed in accordance with the procedures set out in Paragraphs 23
(Condition Remedial Measures Alternatives Analysis), 24 (Condition Remedial
Measures Plan), 28 (System -Wide Collection System Capacity Assessment), 29
(Capacity Remedial Measures Plan), and 30 (Capacity Remedial Measures
Implementation) and shall adhere to the format and content of the Condition
Remedial Measures Plan Template provided at Appendix G and the Capacity
Remedial Measures Plan Template provided at Appendix I.
d. Oso Alternative Remedial Measures Plan Extension. In the event that the City
requires additional time beyond the time provided in Paragraph 32.c. above to
identify specific Condition Remedial Measures, Capacity Remedial Measures,
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monitoring mileage/count, and compliance schedules for completing condition
or capacity remedial measures for certain assets in Oso Alternative Impacted
Sub-basins, the City may include in its Oso Alternative Remedial Measures
Plan a request for up to an additional one and a half (1.5) years to submit such
information (“Extension Request”). The Extension Request shall specifically
identify each asset in the WCTS for which (i) a condition-related defect or
Verified Capacity Constraint exists and (ii) no Remedial Measure can be
identified or scheduled at the time of submittal of the Oso Alternative Remedial
Measures Plan. The request shall further explain the reason why no Remedial
Measure can be identified or scheduled at the time of submittal of the Oso
Alternative Remedial Measures Plan. If EPA approves the Extension Request,
the City shall submit an update to the Oso Alternative Remedial Measures Plan
as soon as practicable, but no later than seven (7) years from the EPA Denial,
that identifies specific Condition Remedial Measures, Capacity Remedial
Measures, monitoring mileage/count, and compliance schedules for completing
Condition and Capacity Remedial Measures for all assets covered by the
Extension Request.
e. EPA approval of an Oso Notice shall not affect the requirements of Paragraph
14-17 (Cleaning of Gravity Sewer Mains), Paragraph 20 (Priority Projects) or
Paragraph 27 (Performing Assets Program) except that for assets in Oso
Alternative Impacted Subbasins, the final completion deadline for Priority
Projects that require permitting or coordination with Capacity Remedial
Measures as described in Paragraph 20.c., and Remedial Measures for assets
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identified as requiring remedial action as part of the Performing Assets Program
shall be as set forth in Paragraph 32.f.
f. Final Deadlines. All Remedial Measures in all Oso Alternative Impacted Sub-
basins shall be completed, in accordance with the requirements of subsections
V.C. (Condition Assessment and Remedial Measures Approach) and V.D.
(Capacity Assessment and Remedial Measures Approach), no later than
eighteen (18) years from the Effective Date. All other Work shall be completed
no later than fifteen (15) years from the Effective Date, except as provided in
Paragraph 31.
F. Capacity, Management, Operations and Maintenance (“CMOM”)
CMOM Plan. Prior to the Date of Lodging, the City developed and is
implementing a written plan in accordance with EPA’s 2005 guidance entitled “Guide for
Evaluating Capacity, Management, Operation and Maintenance Programs at Sanitary Sewer
Collection Systems” (“CMOM Plan”). The City shall continue to implement the CMOM Plan.
On or after the Date of Lodging, the City may, as appropriate, make updates or
revisions to the CMOM Plan that are consistent with industry standards. Such updates or
revisions shall not eliminate any CMOM requirement contained in the plan in effect as of the
Date of Lodging or result in a program that is less effective at preventing SSOs. The City shall
provide a summary of any updates or revisions to EPA and TCEQ in its Annual Report for the
year in which the update or revision occurred, and shall provide a complete copy of the updated
CMOM Plan upon a request from EPA or the State. Provided that such updates or revisions
meet the requirements of this Paragraph 34, they shall not be considered modifications to the
Consent Decree for purposes of Section XIX (Modification). If EPA, after consultation with
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TCEQ, disapproves of any update or revision made to the CMOM Plan, EPA shall notify the
City in writing and describe any disapproval. If EPA so notifies the City, the version of the
CMOM Plan in force prior to the disapproved update or revision shall remain in effect.
Disagreements arising from either Plaintiff’s disapproval concerning updates or revisions to the
CMOM Plan shall be resolved using the dispute resolution provisions of Section XII (Dispute
Resolution).
Fats, Oils, and Grease Control Program. The City has developed and is
implementing a Fats, Oils and Grease (“FOG”) control program as described in the City’s FOG
Program Manual (“FOG Control Program”). The City shall continue to implement the FOG
Control Program as described in the FOG Program Manual.
The City may make updates or revisions to the FOG Program Manual that are
consistent with industry standards. Such updates or revisions will not be considered
modifications of the Consent Decree for purposes of Section XIX (Modification). Within thirty
(30) Days of making any change to the FOG Program Manual, the City shall provide written
notification to EPA. If EPA, after consultation with TCEQ, disagrees with any update or
revision made to the FOG Program Manual, EPA shall notify the City in writing and describe
any disagreement. If EPA so notifies the City, the version of the FOG Plan in force prior to the
disapproved update or revision shall remain in effect. Disagreements concerning updates or
revisions to the FOG Program Manual shall be resolved using the dispute resolution provisions
of Section XII (Dispute Resolution).
In no event shall any change or revision of the FOG Control Program result in a
less effective program for eliminating SSOs or result in the elimination of any of the following
program elements:
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a. the legal authority within the jurisdiction of the City to control the discharge of
FOG into the WCTS, including the ability to implement an enforcement
program;
b. best practice requirements for generators of FOG for the management,
operation, and maintenance of FOG control devices, including but not limited to
requirements for onsite recordkeeping, cleaning frequency, cleaning standards,
use of additives and ultimate disposal;
c. routine compliance inspection procedures, including scheduling, inspection
report forms and inspection recordkeeping requirements to assure that FOG
control devices are being managed, operated, and maintained in accordance
with the established management, operations, and maintenance standards or best
management practices;
d. an enforcement program, including specific enforcement mechanisms, to ensure
compliance with the FOG Control Program;
e. a compliance assistance program to facilitate training of FOG generators and
their employees;
f. a public education program directed at reducing the amount of FOG entering the
WCTS from private residences; and
g. performance indicators to be used by the City to conduct a periodic review to
measure the effectiveness of the FOG Control Program.
SSO Response Plan. The City has developed and is implementing a Sanitary
Sewer Overflow Response Plan (the “SSO Response Plan”). The City shall continue to
implement the SSO Response Plan.
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The City may make updates or revisions to the SSO Response Plan that are
consistent with industry standards. The City shall provide a summary of any updates or revisions
to EPA and TCEQ in its Annual Report for the year in which the update or revision occurred.
Provided that such updates or revisions meet the requirements of this Paragraph 39, they will not
be considered modifications of the Consent Decree for purposes of Section XIX (Modification).
If EPA, after consultation with TCEQ, disapproves of any update or revision made to the SSO
Response Plan, EPA shall notify the City in writing and describe any disapproval. If EPA so
notifies the City, the version of the SSO Response Plan in force prior to the disapproved update
or revision shall remain in effect. Disagreements arising from either Plaintiff’s disapproval
concerning updates or revisions to the SSO Response Plan shall be resolved using the dispute
resolution provisions of Section XII (Dispute Resolution).
Lift Station Response Plan. The City has developed and is implementing a written
plan designed to guide and ensure the City’s timely response to power failures at its lift stations
(“Lift Station Response Plan”). The City shall continue to implement the Lift Station Response
Plan.
The City may make updates or revisions to the Power Failure Response Plan that
are consistent with industry standards. The City shall provide a summary of any updates or
revisions to EPA and TCEQ in its Annual Report for the year in which the updates or revisions
occurred. Provided that such updates or revisions meet the requirements of this Paragraph, they
will not be considered modifications of the Consent Decree for purposes of Section XIX
(Modification). If EPA, after consultation with TCEQ, disapproves of any update or revision
made to the Power Failure Response Plan, EPA shall notify the City in writing and describe any
disapproval. If either EPA or the State so notify the City, the version of the Power Failure
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Response Plan in force prior to the disapproved update or revision shall remain in effect.
Disagreements arising from either Plaintiff’s disapproval concerning updates or revisions to the
Power Failure Response Plan shall be resolved using the dispute resolution provisions of Section
XII (Dispute Resolution).
VI. REVIEW OF DELIVERABLES
Except as provided in Paragraphs 33 (CMOM Plan), 35 (FOG Plan), 38 (SSO
Response Plan), and 40 (Lift Station Response Plan), each Deliverable is subject to review by
EPA, in consultation with TCEQ, as further provided in Paragraphs 43 and 44. EPA agrees to
use its best efforts to expeditiously review and take action on Deliverables that the City provides.
Deliverables Subject to EPA Review and Approval. The Capacity Remedial
Measures Plan, the Condition Remedial Measures Plan, and the Consolidation Notice shall be
subject to the review and approval process as follows:
a. EPA Action on Deliverables Subject to Review and Approval. After reviewing
any Deliverable that the City is required to submit for review and approval to
EPA pursuant to this Consent Decree, EPA shall, after consultation with TCEQ,
notify the City in writing that EPA: (i) approves the Deliverable, in whole or in
part; (ii) approves the Deliverable, in whole or in part, upon specified
conditions; or (iii) disapproves the Deliverable, in whole or in part, providing
comments identifying deficiencies and/or directing the City to modify the
Deliverable.
b. Approved Deliverables. If a Deliverable is approved, the City shall perform all
actions required by the Deliverable, in accordance with the schedules and
requirements of the Deliverable, as approved. If the Deliverable is conditionally
approved or approved only in part, the City shall, upon written direction from
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EPA, take all actions required by the Deliverable that EPA determines, after
consultation with TCEQ, are technically severable from any disapproved
portions, subject to the City’s right to dispute only the specified conditions or
the disapproved portions under Section XII of this Decree (Dispute Resolution).
c. Disapproved Deliverables. For any Deliverable that is disapproved in whole or
in part, EPA shall provide a written explanation of how the Deliverable does not
meet the requirements of the Consent Decree. If a Deliverable is disapproved in
whole or in part, the City shall, within sixty (60) Days or such other time as
EPA and the City agree to in writing, address all deficiencies and resubmit the
Deliverable, or disapproved portion thereof, for EPA approval, in accordance
with Paragraph 43.d (Resubmitted Deliverables). If the resubmission is
approved in whole or in part, the City shall proceed in accordance with
Paragraph 43.b. (Approved Deliverables).
d. Resubmitted Deliverables. If a resubmitted Deliverable, or portion thereof, is
disapproved in whole or in part, EPA, after consultation with TCEQ, may again
require the City to address any deficiencies, in accordance with Paragraph 43.c
(Disapproved Deliverables). EPA, after consultation with TCEQ, shall have the
right to modify any disapproved or conditioned portion of the resubmitted
Deliverable, subject to the City’s right to invoke Dispute Resolution pursuant to
Section XII (Dispute Resolution) and the rights of the United States and the
State to seek stipulated penalties as provided in Section IX (Stipulated
Penalties). Upon either EPA’s approval of a resubmitted Deliverable or the
City’s receipt of EPA’s modified Deliverable, the City shall perform all actions
47
required by the Deliverable, in accordance with the schedules and requirements
of that Deliverable.
Deliverables Subject to EPA Review and Comment. EPA may choose to
provide written comments on Deliverables not identified as subject to the
review and approval process in Paragraph 43 (Deliverables Subject to EPA
Review and Approval), including the Capacity Assessment Report and the
Condition Assessment Report. If EPA provides comments and EPA
specifically requests a response from the City, then the City shall provide a
written response to EPA within forty-five (45) days of receipt of such request.
Accrual of Stipulated Penalties for all Deliverables. Any stipulated
penalties applicable to an originally submitted Deliverable, as provided in
Section IX (Stipulated Penalties), shall accrue during the 45-Day or other
specified period for addressing and resubmitting a Deliverable or for providing
any requested response to comment, but shall not be payable unless the
resubmission or response is untimely, or the resubmitted Deliverable is
disapproved in whole or in part. However, if the original Deliverable is found
to be so deficient as to constitute a material breach of the City’s obligations
under this Consent Decree, the stipulated penalties applicable to the original
Deliverable shall be due and payable notwithstanding any subsequent
resubmission or response to comment. In the event that a resubmitted
Deliverable is disapproved, in whole or in part, or EPA issues a modified
Deliverable to the City, stipulated penalties shall accrue from the Day that the
original Deliverable was due until the Day that a subsequent resubmission is
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approved by EPA or the Day the City receives the modified Deliverable from
EPA, whichever is applicable.
Public Document Repository. The City shall post to its public website the final
EPA-approved versions of the Capacity Remedial Measures Plan and the Condition Remedial
Measures Plan; and the City shall post to and maintain on its public website the most current
version of the CMOM Plan, the FOG Control Program, the Lift Station Response Plan, and the
SSO Response Plan (“Public Document(s)”). Each Public Document shall be posted within
ninety (90) Days of the Effective Date or EPA approval, whichever is applicable, and shall
remain on the website at least until this Consent Decree is terminated.
VII. REPORTING REQUIREMENTS
Quarterly Reporting of SSOs. Beginning no later than thirty (30) Days after the
end of the first calendar quarter following the Effective Date, the City shall begin submitting to
EPA a quarterly report that lists and contains information concerning all SSOs that occurred in
the quarter before the report is submitted (“SSO Quarterly Report”). Each SSO Quarterly Report
shall describe, for each SSO that occurred during the preceding calendar quarter, the date, time,
location, source (i.e., information that identifies the component involved in the SSO), estimated
duration, estimated volume, receiving water, suspected cause, and any response actions taken,
and is due within thirty (30) Days after the end of the calendar quarter on which the City will
report. If the City’s submittals to TCEQ required by its current TPDES permits and applicable
Texas law include the information listed above, the City may satisfy this requirement by
providing a copy to EPA and TCEQ of the written reports submitted to TCEQ.
Annual Reports. On June 30 of each year during the term of this Consent Decree,
the City shall submit to EPA and TCEQ for review and comment a report that contains a
summary of the status and progress of all programs required by Section V (Remedial Measures,
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Prioritization, and Schedules) and all Work completed in the previous calendar year (“Annual
Report”). The Annual Report shall conform to the form and contain the content specified in the
template provided in Appendix J (Annual Report Template). For the first Annual Report, the
applicable reporting period shall be that portion of the calendar year between the Effective Date
and the end of the calendar year if that period is at least six (6) months. If the period between the
Effective Date and the end of the calendar year is less than six (6) months, then the first Annual
Report shall be due on the second June 30 following the Effective Date and shall include the
period from the Effective Date until the end of the second calendar year.
Provisions Applicable to All Reports:
a. all reports shall be certified in accordance with Section XVI (Certification);
b. all reports shall be submitted electronically in a searchable format as to text
included in such reports; and
c. all reports shall be submitted to the persons designated in Section XV
(Notices).
The reporting requirements of this Consent Decree do not modify in any way or
relieve the City of any reporting obligations under the CWA or its implementing regulations or
any other federal, State, or local law, regulation, permit, or other requirement.
VIII. CIVIL PENALTY
The City shall pay a total civil penalty of $1,136,000 with one half ($568,000)
payable to the United States and one half ($568,000) payable to the State. The civil penalty shall
be paid in full within sixty (60) days of the Effective Date of this Consent Decree.
In the event that full payment is not made within sixty (60) Days of the Effective
Date of this Consent Decree, the City shall pay to the United States and the State interest on the
balance due from the original due date to the date of full payment at the rate calculated pursuant
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to 38 U.S.C. § 1961. The City will also be liable for stipulated penalties pursuant to Section IX
(Stipulated Penalties).
The City shall pay the civil penalty due to the United States by FedWire Electronic
Funds Transfer (“EFT”) to the U.S. Department of Justice account, in accordance with written
instructions to be provided to the City, following entry of the Consent Decree, by the Financial
Litigation Unit of the U.S. Attorney’s Office for the Southern District of Texas (“FLU”). The
payment instructions provided by the FLU will include a Consolidated Debt Collection System
(“CDCS”) number, which the City shall use to identify all payments required to be made in
accordance with this Consent Decree. The FLU will provide the payment instructions to:
Assistant Director of Financial Services: Financial Services Department, 1201 Leopard Street,
4th Floor, Corpus Christi, Texas 78401; (361)826-3610; almac@cctexas.com. The City may
change the individual to receive payment instructions on its behalf by providing written notice of
such change to the United States and EPA in accordance with Section XV (Notices). Any
payments received after 4 p.m. Eastern Time will be credited on the next business Day. At the
time of payment, the City shall send notice that payment has been made: (1) to EPA via email at
acctsreceivable.cinwd@epa.gov or via regular mail at EPA Cincinnati Finance Office, 26 Martin
Luther King Drive, Cincinnati, Ohio 45268; (ii) to the United States via email or regular mail in
accordance with Section XV (Notices); and (iii) to EPA in accordance with Section XV
(Notices). Such notice shall state that the payment is for the civil penalty owed pursuant to the
Consent Decree in United States of America and State of Texas v. City of Corpus Christi, and
shall reference the civil action number and DOJ case number 90-5-1-1-10396.
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The City shall pay the civil penalty due to the State by wire transfer to the Texas
Comptroller of Public Accounts – Federal Reserve Clearing Account for the Office of the
Attorney General:
Financial Institution (short name): TX COMP AUSTIN
Routing Number: 114900164
Account Name: Comptroller of Public Accounts
Treasury Operations
Account Number to Credit: 463600001
Reference: [Remitter’s Name], AG Case #
123380743,
Priscilla M. Hubenak, Chief,
Environmental Protection Division
Attention: Office of the Attorney General, Kristy
Lerma, Financial: Rptg
At the time of payment, the City shall send a copy of the wire transfer authorization
form and the wire transaction record, together with a transmittal letter, which shall state that the
payment is for the civil penalty owed pursuant to the Consent Decree in United States of
America and State of Texas v. City of Corpus Christi, and shall reference the civil action number
and AG No. 123380743, to the State in accordance with Section XV (Notices).
The City shall not deduct any penalties paid under this Decree pursuant to this
Section VIII (Civil Penalty) or Section IX (Stipulated Penalties) in calculating its federal or state
income tax.
IX. STIPULATED PENALTIES
A. Stipulated Penalties
The City shall be liable for stipulated penalties to the United States and the State
for violations of this Consent Decree as specified below, unless excused under Section XI (Force
Majeure). A violation includes failing to perform any obligation required by the terms of this
Decree, including any Work plan or schedule approved under this Decree, according to all
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applicable requirements of this Decree, and within the specified time schedules established by or
approved under this Decree.
Failure to Submit Timely and Complete Deliverables. The City shall pay stipulated
penalties, as set forth in the table below, to the United States and the State for each Day the City
fails to (a) submit or complete, as applicable, by the due date(s) specified under this Consent
Decree, any of the following Deliverables: (i) the Condition Assessment Report, (ii) the
Condition Remedial Measures Plan, (iii) the Capacity Assessment Report, (iv) the Capacity
Remedial Measures Plan, (v) the Oso Alternative Remedial Measures Plan, or (vi) any of the
Deliverables specifically listed in this Paragraph 58 that is resubmitted to EPA; or (b) make a
material change required by EPA to a Deliverable listed in this Paragraph 58, within the
timeframe(s) specified by EPA for making such a change:
Period of Noncompliance Penalties per Violation per Day
1st to 30th Day $500.00
31st to 60th Day $1,500.00
61st Day and Each Day Thereafter $3,000.00
Remedial Requirements. The City shall pay the following stipulated penalties to
the United States and the State for each Day the City fails to complete any of the remedial
requirements or meet any of the required deadlines of Section V (Remedial Measures,
Prioritization, and Schedules) of this Consent Decree, including requirements and deadlines set
forth in the Appendices:
Period of Noncompliance Penalties per Violation per Day
1st to 30th Day $750.00
31st to 60th Day $1,500.00
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61st Day to 180th Day $2,500.00
181st Day and Each Day Thereafter $4,000.00
SSOs that Reach Waters of the United States or Water in the State. The City shall
pay the following stipulated penalties to the United States and the State for each SSO that
reaches waters of the United States or water in the State, as defined in Section 26.001(5) of the
Texas Water Code, and occurs after the Effective Date:
If SSO occurs Penalties Per Violation Per Day
Within 2 years of Date of Lodging $500.00
Between 2 and 5 years from Date of Lodging $1,500.00
More than 5 years from Date of Lodging $3,000.00
SSOs that Do Not Reach Waters of the United States or Water in the State. The
City shall pay the following stipulated penalties to the United States and the State for each SSO
that occurs after the Effective Date and does not reach either waters of the United States or water
in the State, as defined in Section 26.001(5) of the Texas Water Code:
If SSO occurs Penalties Per Violation Per Day
Within 2 years of Date of Lodging $250.00
Between 2 and 5 years from Date of Lodging $500.00
More than 5 years from Date of Lodging $1,000.00
Effluent Limits. The City shall pay the following stipulated penalties to the United
States and the State for each violation of any requirement of the City’s TPDES Permits effluent
limits for the Oso WWTP, Allison WWTP or Greenwood WWTP:
Effluent Noncompliance Penalties Per Exceedance
Minimum exceedance $500.00
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Maximum exceedance $1,500.00
Daily Average exceedance $3,000.00
Each effluent limit for each parameter is counted as a separate violation.
Reporting Requirements. The City shall pay the following stipulated penalties to
the United States and the State for each Day for each violation of the reporting requirements of
Section VII (Reporting Requirements):
Period of Noncompliance Penalties Per Violation Per Day
1st through 14th Day $350.00
15th through 30th Day $750.00
31st Day and Each Day Thereafter $1,500.00
Delay in Payment of Civil Penalties and Attorneys’ Fees. The City shall pay to the
United States and the State stipulated penalties of $2,000.00 for each Day that the City is late in
paying the civil penalties required under Section VIII (Civil Penalty) and shall pay to the State
stipulated penalties of $2,000.00 for each Day that the City is late in paying the attorneys’ fees
amount required and specifically identified under Section XIV (Costs and Attorneys’ Fees),
Paragraph 98.
Stipulated penalties shall automatically begin to accrue on the first Day that an
event occurs for which a stipulated penalty is due, or a violation occurs, whichever is applicable,
and shall continue to accrue until performance is satisfactorily completed or until the violation
ceases. Stipulated penalties shall accrue simultaneously for separate violations of this Consent
Decree. As provided in Paragraph 67 (Payment of Penalties to the United States and the State),
stipulated penalties will not be due until the City receives a written demand from either Plaintiff.
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Payment of Penalties to the United States and the State. The City shall pay
stipulated penalties to the United States or the State, or both, as applicable, within thirty (30)
Days of receipt of a written demand by either Plaintiff, unless the City invokes the dispute
resolution, pursuant to Section XII (Dispute Resolution). With respect to those stipulated
penalties that may be jointly pursued by both Plaintiffs, before either Plaintiff makes a written
demand for such stipulated penalties, Plaintiffs shall consult each other and notify the City
within the demand for payment whether Plaintiffs are jointly pursuing the stipulated penalties.
Only one (1) stipulated penalty amount per violation per Day shall be payable. Where the
Plaintiffs jointly pursue stipulated penalties, the City shall pay fifty (50) percent of the total
penalty owed to the State, and pay fifty (50) percent of the total penalty owed to the United
States.
The United States and the State may each, in the unreviewable exercise of
discretion, reduce or waive stipulated penalties otherwise due to it under this Consent Decree.
Where only one Plaintiff pursues stipulated penalties, only that Plaintiff shall recover the full
amount of the penalty, and the Plaintiff not joining in the pursuit of stipulated penalties shall be
deemed to have waived such penalties. The Plaintiff making a demand for payment of stipulated
penalties shall simultaneously send a copy of the demand to the other Plaintiff.
Stipulated penalties shall continue to accrue as provided in this Section IX
(Stipulated Penalties) during any Dispute Resolution, but need not be paid until the following:
a. if the dispute is resolved by agreement or by a decision of the Plaintiff(s) that is
not appealed to the Court, the City shall pay accrued stipulated penalties
determined to be owing, together with interest, to the Plaintiffs within thirty
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(30) Days of the effective date of the agreement or the receipt of the Plaintiff’s
or Plaintiffs’ decision;
b. if the dispute is appealed to the Court and the Plaintiff(s) prevail(s) in whole or
in part, the City shall pay all accrued penalties determined by the Court to be
owing, together with interest, if applicable, to the Plaintiff(s) within sixty (60)
Days of receiving the Court’s decision or order, except as provided in Paragraph
69.c; and
c. if any Party appeals the District Court’s decision, the City shall pay all accrued
penalties determined to be owing as of the date of the final appellate court
decision, together with interest, if applicable, within fifteen (15) Days of
receiving the final appellate court decision.
The City shall pay stipulated penalties owing to the Plaintiff(s) in the manner set
forth and with the confirmation notices required by Section VIII (Civil Penalty), except that the
transmittal letters shall state that the payment is for stipulated penalties and shall state for which
violation(s) the penalties are being paid.
If the City fails to pay stipulated penalties according to the terms of this Consent
Decree, the City shall be liable for interest on such penalties, as provided for in 28 U.S.C.
§ 1961, accruing as of the date payment became due. Nothing in this Section IX (Stipulated
Penalties) shall be construed to limit the United States or the State from seeking any remedy
otherwise provided by law for the City’s failure to pay any stipulated penalties.
Non-Exclusivity of Remedy. Stipulated penalties are not the United States’ or the
State’s exclusive remedy for violations of this Consent Decree. Subject to the provisions of
Section X (Effect of Settlement/Reservation of Rights), the United States and the State expressly
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reserve the right to seek any other relief either Plaintiff deems appropriate for the City’s violation
of this Decree or applicable law, including but not limited to an action against the City for
statutory penalties, additional injunctive relief, mitigation or offset measures, and/or contempt.
However, the amount of any statutory penalty assessed for a violation of this Consent Decree
shall be reduced by an amount equal to the amount of any stipulated penalties assessed and paid
pursuant to this Consent Decree.
X. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
This Consent Decree resolves the civil claims of the United States and the State for
injunctive relief and civil penalties for the violations alleged in the Complaint through the Date
of Lodging.
The United States and the State reserve all rights and remedies, legal and equitable,
available against the City with respect to any violations of the CWA or other law where such
violations are not specifically alleged in the Complaint, whether they occurred before, on, or
after the Date of Lodging.
The United States and the State further reserve all legal and equitable remedies
available to enforce the provisions of this Consent Decree. This Consent Decree shall not be
construed to limit the rights of the United States or the State to obtain penalties or injunctive
relief under the CWA or implementing regulations, or under other federal or state laws,
regulations, or permit conditions, except as expressly specified in Paragraph 73. The United
States and the State reserve all rights against the City with respect to criminal liability. The
United States and the State further reserve all legal and equitable remedies to address any
imminent and substantial endangerment to the public health or welfare or the environment
arising at, or posed by, the City’s WCTS, whether related to the violations addressed in this
Consent Decree or otherwise.
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In any subsequent administrative or judicial proceeding initiated by the United
States or the State for injunctive relief, civil or administrative penalties, or other appropriate
relief relating to the City’s WCTS or the City’s violations, the City shall not assert, and may not
maintain, any defense or claim based upon the principles of waiver, res judicata, collateral
estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any
contention that the claims raised by the United States or the State in the subsequent proceeding
were or should have been brought in the instant case, except with respect to claims that have
been specifically resolved pursuant to Paragraph 73 of this Consent Decree.
This Consent Decree is not and shall not be construed as a permit or a modification
of any permit, under any federal, state, or local laws or regulations. The City is responsible for
achieving and maintaining complete compliance with all applicable federal, state, and local laws,
regulations, and permits; the City’s compliance with this Consent Decree shall be no defense to
any action commenced pursuant to any such laws, regulations, or permits. The United States and
the State do not, by their consent to the entry of this Consent Decree, warrant or aver in any
manner that the City’s compliance with any aspect of this Consent Decree will result in
compliance with the CWA or with any other provisions of federal, state, or local laws,
regulations, or permits. Notwithstanding EPA’s review or approval of any plans, reports,
policies or procedures developed pursuant to or as a result of this Consent Decree, the City shall
remain solely responsible for any non-compliance with the terms of this Consent Decree, all
applicable permits, as well as all federal and state laws and regulations promulgated under those
laws.
The City’s duty to comply with the terms of this Consent Decree is not conditioned
on the receipt of any federal or state funds or the City’s financial capabilities. Failure to comply
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is not excused by lack of federal or state grant funds, or by the processing of any applications for
the same, or by the City’s financial capabilities.
Nothing in this Consent Decree limits the rights or defenses available under Section
309(e) of the CWA, 33 U.S.C. § 1319(e), in the event that laws of the State, as currently or
hereafter enacted, may prevent the City from raising the revenues needed to comply with this
Consent Decree.
This Consent Decree does not limit or affect the rights of the Parties against any
third parties not party to this Consent Decree, nor does it limit the rights of third parties not party
to this Consent Decree, against the City, except as otherwise provided by law. This Consent
Decree shall not be construed to create rights in, or grant any cause of action to, any third party
not party to this Consent Decree.
XI. FORCE MAJEURE
“Force Majeure,” for purposes of this Consent Decree, is defined as any event
arising from causes beyond the control of the City, or of any entity controlled by the City, that
delays or prevents the performance of any obligation under this Consent Decree despite the
City’s best efforts to fulfill the obligation. The requirement that the City exercise “best efforts to
fulfill the obligation” includes using best efforts to anticipate any potential Force Majeure event
and best efforts to address the effects of any such event: (a) as it is occurring and (b) after it has
occurred to prevent or minimize any resulting delay to the greatest extent possible. Force
Majeure does not include unanticipated or increased expenses or costs associated with
implementation of this Consent Decree, changed financial circumstances, or other financial or
budgetary issues.
Permits. Failure to apply for a required permit or approval, or to provide in a
timely manner all information required to obtain a permit or approval necessary to meet the
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requirements of this Consent Decree, are not Force Majeure events. However, failure of a
permitting authority to issue a necessary permit in a timely fashion may serve as a basis for an
extension under this Section where the failure of the permitting authority to act is beyond the
control of the City, and the City demonstrates that it has taken all timely steps available to it to
obtain the necessary permit or approval.
If any event occurs or has occurred that may delay the performance of any
obligation under this Consent Decree, whether or not caused by a Force Majeure event, the City
shall provide written notice to the United States and the State in accordance with Section XV
(Notices), within twenty-one (21) Days of when the City first knew that the event might cause a
delay. Such written notice shall include an explanation and description of the reasons for the
delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or
minimize the delay; a schedule for implementation of any measures to be taken to prevent or
mitigate the delay or the effect of the delay; the City’s rationale for attributing such delay to a
Force Majeure event if it intends to assert such a claim; and a statement as to whether, in the
opinion of the City, such event may cause or contribute to an endangerment to public health,
welfare or the environment. The City shall include with any notice all available documentation
supporting the claim that the delay was attributable to a Force Majeure event. Failure to comply
with the above requirements shall preclude the City from asserting any claim of Force Majeure
for that event for the period of time of such failure to comply, and for any additional delay
caused by such failure. The City shall be deemed to know of any circumstance of which the
City, any entity controlled by the City knew or should have known.
If Plaintiffs agree that a Force Majeure event has occurred, Plaintiffs will agree to
extend the time for the City to perform the obligation(s) under this Consent Decree that are
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affected by the Force Majeure event for the time necessary to complete those obligations. An
extension of the time for performance of the obligations affected by the Force Majeure event
shall not, by itself, extend the time for performance of any other obligation. Plaintiffs will notify
the City in writing of the length of the extension, if any, for performance of the obligations
affected by the Force Majeure event.
If Plaintiffs do not agree that a Force Majeure event has occurred, or do not agree
to the extension of time sought by the City, Plaintiffs will so notify the City in writing, and
Plaintiffs’ position shall be binding, unless the City invokes Dispute Resolution under Section
XII (Dispute Resolution). If the City elects to invoke the dispute resolution procedures set forth
in Section XII (Dispute Resolution), it shall do so no later than thirty (30) Days after receipt of
Plaintiffs’ notice. In any such proceeding, the City shall have the burden of demonstrating by a
preponderance of the evidence that the delay or anticipated delay has been or will be caused by a
Force Majeure event, that the duration of the delay or the extension sought was or will be
warranted under the circumstances, that best efforts were exercised to avoid and mitigate the
effects of the delay, and that the City complied with the requirements of Paragraphs 81 and 83,
above. If the City carries this burden, the delay at issue shall be deemed not to be a violation by
the City of the affected obligation of this Consent Decree identified to Plaintiffs and the Court.
XII. DISPUTE RESOLUTION
Unless otherwise expressly provided for in this Consent Decree, the dispute
resolution procedures of this Section XII (Dispute Resolution) shall be the City’s exclusive
mechanism to resolve disputes arising under or with respect to this Consent Decree. This
Section XII (Dispute Resolution) does not apply to disputes between the City and the State (or its
agencies and subdivisions) regarding the issuance, renewal, or denial of TPDES permits or the
assessment of civil penalties in a State judicial proceeding or administrative penalties by TCEQ.
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Informal Dispute Resolution. Except as provided in Paragraph 32 (Oso WWTP
Alternative), any dispute subject to dispute resolution under this Consent Decree shall first be the
subject of informal negotiations. The dispute shall be considered to have arisen when the City
sends the Plaintiffs a written Notice of Dispute. Such Notice of Dispute shall state clearly the
matter in dispute. The period of informal negotiations shall not exceed thirty (30) Days from the
date the written Notice of Dispute is received by the other party, unless that period is modified
by written agreement. During the informal negotiation period:
a. With respect to disputes regarding force majeure under Section XI (Force
Majeure) and termination under Section XX (Termination), Plaintiffs shall
consult and put forward a joint position. The position that Plaintiffs take in their
written notification to the City as set forth in Section XI (Force Majeure) or
Section XX (Termination) will be the position of Plaintiffs in informal dispute
resolution pursuant to this Paragraph 87, unless Plaintiffs mutually agree to
modify the position and inform the City of their modified position on the
dispute in writing. If the Parties cannot resolve a dispute by informal
negotiations, then the position advanced by the Plaintiffs shall be considered
binding unless, within thirty (30) business Days after the conclusion of the
informal negotiation period, the City invokes formal dispute resolution
procedures as set forth in Paragraph 88 (Formal Dispute Resolution); and
b. With respect to all other disputes under this Consent Decree, the United States
shall, after providing the State a reasonable opportunity for consultation, inform
the City of the United States’ position. If the United States and the City cannot
resolve a dispute by informal negotiations, then the position advanced by the
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United States shall be considered binding unless, within thirty (30) business
Days after the conclusion of the informal negotiation period, the City invokes
formal dispute resolution procedures as set forth in Paragraph 88 (Formal
Dispute Resolution).
Formal Dispute Resolution. The City shall invoke formal dispute resolution
procedures, within the time periods provided in Paragraphs 87 (Informal Dispute Resolution) and
32 (Oso WWTP Alternative), by serving on Plaintiffs, a written Statement of Position regarding
the matter in dispute. The Statement of Position shall include, but need not be limited to, any
factual data, analysis, or opinion supporting the City’s position and any supporting
documentation relied upon by the City. After receiving the City’s Statement of Position:
a. With respect to disputes regarding force majeure under Section XI (Force
Majeure) and termination under Section XX (Termination), the position
Plaintiffs provided to the City pursuant to Paragraph 87.a shall be the position
of Plaintiffs under this Paragraph, unless Plaintiffs mutually agree to modify
their position. Plaintiffs shall consult and serve on the City, within forty-five
(45) Days after receipt of the City’s Statement of Position, Plaintiffs’ Statement
of Position, which shall include, as applicable, but need not be limited to, any
factual data, analysis, or opinion supporting that position and any supporting
documentation relied upon by Plaintiff(s). Plaintiffs’ Statement of Position shall
be binding on the City, unless the City files a motion for judicial review of the
dispute in accordance with Paragraph 89; and
b. With respect to all other disputes under this Consent Decree, the United States,
after providing the State a reasonable opportunity for consultation, shall serve
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on the City the United States’ Statement of Position within forty-five (45) Days
after receipt of the City’s Statement of Position. The United States’ Statement of
Position shall include, but need not be limited to, any factual data, analysis, or
opinion supporting the position and any supporting documentation relied upon
by the United States. The United States’ Statement of Position shall be binding
on the City, unless the City files a motion for judicial review, in accordance
with Paragraph 89.
The City may seek judicial review of the dispute by filing with the Court and
serving on the Plaintiffs, in accordance with Section XV (Notices) of this Consent Decree, a
motion requesting judicial resolution of the dispute. The motion must be filed within thirty (30)
Days of receipt of the Plaintiffs’ or the United States’ Statement of Position pursuant to
Paragraph 88. The motion shall contain a written statement of the City’s position on the matter
in dispute, including any supporting factual data, analysis, opinion, or documentation, and shall
set forth the relief requested and any schedule within which the dispute must be resolved for
orderly implementation of the Consent Decree.
The Plaintiff(s) shall respond to the City’s motion within the time period allowed
by the Local Rules of this Court. The United States shall consult with the State before filing any
response. The City may file a reply memorandum, to the extent permitted by the Local Rules.
Standard of Review. Except as otherwise provided in this Consent Decree, in any
dispute brought under this Section XII (Dispute Resolution), the City shall bear the burden of
demonstrating that its position complies with this Consent Decree and that it is entitled to relief
under applicable principles of law. The United States reserves the right to argue that its position
is reviewable only on the administrative record and must be upheld unless arbitrary and
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capricious or otherwise not in accordance with law and the City reserves the right to oppose this
position.
The invocation of dispute resolution procedures under this Section XII (Dispute
Resolution) shall not, by itself, extend, postpone, or affect in any way any obligation of the City
under this Consent Decree, unless and until final resolution of the dispute so provides.
Stipulated penalties with respect to the disputed matter shall continue to accrue from the first
Day of noncompliance, but payment shall be stayed pending resolution of the dispute as
provided in Paragraph 69. If Defendant does not prevail on the disputed issue, stipulated
penalties shall be assessed and paid as provided in Section IX (Stipulated Penalties).
XIII. RIGHT OF ENTRY AND RECORD RETENTION
The United States and the State, and their representatives, including attorneys,
contractors, and consultants, shall each have the right of entry into the premises of any City
property at all reasonable times, upon presentation of credentials, to:
a. monitor the progress of activities required under this Consent Decree;
b. verify any data or information submitted to the United States or the State;
c. obtain samples and, upon request, splits of any samples taken by the City or its
representatives, contractors, or consultants;
d. observe performance tests;
e. obtain documentary evidence, including photographs and similar data; and
f. assess the City’s compliance with this Consent Decree, its TPDES Permits, the
CWA or applicable State law.
Until five (5) years after the termination of this Consent Decree, the City shall
retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all
documents, reports, data, records, or other information (including documents, records, or other
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information in electronic form) in its or its contractors’ or agents’ possession or control, or that
come into its or its contractors’ or agents’ possession or control, and that relate in any manner to
the City’s performance of its obligations under this Consent Decree. Drafts of final documents
or plans and non-substantive correspondence and email do not need to be retained. This
information-retention requirement shall apply regardless of any contrary City, corporate, or
institutional policies or procedures. At any time during this information-retention period, upon
request by the United States or the State, the City shall provide copies of any documents, reports,
analytical data, or other information required to be maintained under this Paragraph 94.
At the conclusion of the information-retention period provided in Paragraph 94, the
City shall notify the United States and the State at least ninety (90) Days prior to the destruction
of any documents, records, or other information in the possession, custody or control of the City
and subject to the requirements of Paragraph 94 and, upon request by the United States or the
State, the City shall deliver any such documents, records, or other information in the possession,
custody or control of the City to the United States or the State.
This Consent Decree in no way limits or affects the United States’ or the State’s
right to enter or access the property of the City, to obtain information, to conduct inspections, to
require monitoring, or to obtain information from the City, as authorized by law, nor does it limit
or affect any duty or obligation of the City to maintain documents, records, or other information
imposed by applicable law.
XIV. COSTS AND ATTORNEYS’ FEES
The Parties shall bear their own costs of this action, and the United States shall bear
its own attorneys’ fees, except that the United States and the State shall be entitled to collect the
costs (including attorneys’ fees) incurred in any action necessary to collect any portion of the
civil penalty or any stipulated penalties due but not paid by the City.
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City shall pay the State $18,000 in attorneys’ fees. The City shall make full
payment of this amount in accordance with Paragraphs 52, 54 and 55 of this Consent Decree.
XV. NOTICES
Unless otherwise specified herein, whenever notifications, submissions, or
communications are required by this Consent Decree, they shall be made in writing and
addressed as follows:
As to the United States:
By email: eescdcopy.enrd@usdoj.gov
Re: DJ No. 90-5-1-1-10396
and
Edelbrock.Judy@epa.gov
By mail: EES Case Management Unit
Environment and Natural Resources Division
U.S. Department of Justice
Box 7611 Ben Franklin Station
Washington, D.C. 20044-7611
Re: DOJ No. 90-5-1-1-10396
and
Chief, Water Enforcement Branch
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency, Region 6
1201 Elm Street, Suite 500
Dallas, Texas 75270-2102
and
Rusty Herbert
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 6
1201 Elm Street, Suite 500
Dallas, Texas 75270-2102
As to the State of Texas:
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Mark Steinbach
Office of the Attorney General
State of Texas
Environmental Protection Division
P.O. Box 12548
Austin, Texas 78711-2548
Reference: AG No. 123380743
and
James Sallans
Litigation Division, MC-175
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
As to TCEQ:
James Sallans
Litigation Division, MC-175
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
As to the City of Corpus Christi:
City of Corpus Christi Legal Department
P.O. Box 9277
Corpus Christi, Texas 78469
and
City of Corpus Christi City Manager
Attn: Wastewater Operations
P. O. Box 9277
Corpus Christi, Texas 78469
Any Party may, by written notice to the other Parties, change its designated notice
recipient or notice address provided above.
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Notices submitted pursuant to this Section XV (Notices) shall be deemed submitted
upon mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the
Parties, in writing.
XVI. CERTIFICATION
Any Deliverable or any other document submitted by the City to the United States
and the State pursuant to this Consent Decree shall be signed by an official of the City and
include the following certification:
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my directions and my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
This certification requirement does not apply to emergency or similar notifications where
compliance would be impractical.
The City shall not object to the admissibility into evidence of any Deliverable or
any other document prepared to comply with this Consent Decree or the information contained in
such documents in any proceeding to enforce this Consent Decree.
XVII. EFFECTIVE DATE
The Effective Date of this Consent Decree shall be the date upon which this
Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted,
whichever occurs first as recorded on the Court’s docket.
XVIII. RETENTION OF JURISDICTION
The Court shall retain jurisdiction over this case until termination of this Consent
Decree for the purpose of: (a) resolving disputes arising under this Decree, (b) entering orders
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modifying this Decree, pursuant to Section XIX (Modification), and (c) effectuating or enforcing
compliance with the terms of this Decree.
XIX. MODIFICATION
Except as provided in Paragraphs 33 (CMOM Plan), 35 (Fats, Oils, and Grease
Control Program), 38 (SSO Response Plan), and 40 (Lift Station Response Plan), this Consent
Decree may be modified only by a subsequent written agreement signed by all Parties or a
modification otherwise approved by the Court. Where the modification constitutes a material
change to this Consent Decree, it shall be effective only upon approval by the Court. The Parties
may by mutual agreement determine whether a proposed modification is a non-material change
to the Consent Decree.
Non-material Modifications: Non-material modifications to the Consent Decree
(including Appendices) shall be made by written agreement of the Parties without approval by
the Court and shall be effective when signed by all parties. The City must request a non-material
change at least ninety (90) Days before the deadline for the specific Work at issue. Examples of
non-material modifications are provided below:
a. Changes to Appendices, guidelines or processes based upon implementation
experience so long as the overall technical and schedule objectives are achieved.
b. Changes in inspection and/or remediation techniques as a result of technology
advancements or implementation experience so long as the specific requirements
set forth in subsection V.C (Condition Assessment and Remedial Measures
Approach) and subsection V.D. (Capacity Assessment and Remedial Measures
Approach) are met.
c. Reprioritization and rescheduling of Remedial Measures under an EPA-approved
Remedial Measures Plan pursuant to Section V (Remedial Measures,
71
Prioritization, and Schedules), provided the reprioritization or rescheduling
results in substantially the same or better CWA compliance benefits as would
have been realized by implementation of the Remedial Measures Plan as
approved. The City may seek to reprioritize or reschedule Remedial Measures
under EPA-approved Remedial Measures Plans where the City determines
technical, health, safety or other reasons justify priority completion of an
existing, particular project or a new project ahead of another task, provided such
determination is provided to EPA in writing and submitted to EPA for review
and approval at the time any change under this Paragraph is requested, in
accordance with Section VI (Review of Deliverables).
The City may request modification based upon, among other things, an Integrated
Plan developed in accordance with EPA’s Integrated Municipal Stormwater and Wastewater
Planning Approach Framework, issued on June 5, 2012 (“EPA Framework”) and a current
Financial Capability Assessment conducted in accordance with EPA’s “Combined Sewer
Overflows Guidance for Financial Capability Assessment and Schedule Development,” EPA
8320B-97-004, February 1997, and EPA’s Memorandum “Financial Capability Assessment
Framework for Municipal Clean Water Act Requirements” issued on November 24, 2014 (“FCA
Framework”). Should either the EPA Framework or the FCA Framework be modified after the
Effective Date of this Consent Decree, the City’s request for modification shall be based on the
version of the EPA Framework and FCA Framework in effect on the day the request is submitted
to the United States;
As part of any modification request by the City, the City shall provide information
concerning the scope, impact, timing, and cost of the modification, and shall provide any
72
additional information requested by the United States or the State to assist in evaluating the
modification request.
If any Party or Parties seek a modification to this Consent Decree, the Party(ies)
seeking a modification shall send a written notice to the other Party(ies) in accordance with
Section XV (Notices) setting forth the requested changes and the reasons therefor. Disputes
concerning modification under this Section XIX (Modification) are not subject to Section XII
(Dispute Resolution) of this Consent Decree. Instead, the Parties shall negotiate informally
concerning the modification for a period of up to thirty (30) Days from the date of receipt of the
notice, unless that period is modified by written agreement. If at the end of the period of
informal negotiations the Parties are not in agreement, the Party or Parties seeking the
modification retain(s) any rights it/they may have to seek modification from the Court pursuant
to Federal Rule of Civil Procedure 60(b). A request for modification or a motion filed by the
City under Federal Rule of Civil Procedure 60(b) shall not relieve the City of its obligations
pursuant to Section V (Remedial Measures, Prioritization, and Schedules) or its liability for
stipulated penalties under Section IX (Stipulated Penalties), and the City shall continue with
timely implementation of the Consent Decree until the requested modification becomes effective
in accordance with the provisions of this Section XIX (Modification).
XX. TERMINATION
Final Termination. The City may serve upon the United States and the State a
request for final termination (“Final Termination Request”), together with all necessary
supporting documentation, certifying that the City has satisfied all of its obligations under the
Consent Decree, including:
a. completion of all requirements of Section V (Remedial Measures, Prioritization
and Schedules) of this Consent Decree;
73
b. compliance with all other requirements of this Consent Decree;
c. payment in full of all civil penalties required under Section VIII (Civil Penalty),
and any accrued stipulated penalties as required under Section IX (Stipulated
Penalties) of this Consent Decree not waived or reduced by the applicable
Plaintiff; and
d. payment in full of the attorneys’ fees amount required and specifically identified
by Section XIV (Costs and Attorneys’ Fees), Paragraph 98.
Partial Termination. Any time after the approval of the Condition Remedial
Measures Plan, the City may serve upon the United States and the State a request for partial
termination (“Partial Termination Request”) covering one or more of the six Sewersheds. No
Sewershed containing an Oso Alternative Impacted Sub-basin designated pursuant to Paragraph
32 (Oso WWTP Alternative) is eligible for partial termination, however; and no Sub-basin in a
Sewershed where this Consent Decree has been partially terminated may thereafter be identified
as an Oso Alternative Impacted Sub-basin. The Partial Termination Request shall identify the
Sewershed(s) for which partial termination is sought, include all necessary supporting
documentation, and include the City’s certification that: (1) the City has submitted the Condition
Remedial Measures Plan pursuant to Paragraph 24 and the Capacity Remedial Measures Plan
pursuant to Paragraph 29; (2) the City has made all of the payments described in Paragraph
111.c-d of this Consent Decree and complied with all requirements of this Consent Decree
relating to the Sewershed(s) included in the Partial Termination Request; and (3) the City is in
continuous satisfactory compliance with its TDPES Permits for the one year following
completion of its obligations under the Consent Decree in the relevant Sewershed(s).
74
Notwithstanding termination with respect to any Sewershed, and until Final Termination of this
Consent Decree:
a. If an SSO occurs in a Sewershed for which this Consent Decree has been
terminated that is caused by a defect, blockage, or other condition in a City
owned WCTS asset in a Sewershed for which this Consent Decree has not been
terminated, then the City shall remain subject to stipulated penalties under
Section IX (Stipulated Penalties) for such SSO to the same extent as if the
Consent Decree had not been terminated as to that Sewershed; and
b. Any Remedial Measure in an approved Oso Alternative Remedial Measures Plan
shall be an enforceable obligation of this Consent Decree, notwithstanding any
partial termination.
After the City submits a Final Termination Request or Partial Termination Request,
if Plaintiffs determine that the Consent Decree may be terminated or partially terminated, the
Parties shall submit, for the Court’s approval, a joint stipulation terminating or partially
terminating the Consent Decree.
If Plaintiffs determine that the Consent Decree cannot be terminated or partially
terminated, they will notify the City in writing, and the City may invoke dispute resolution under
Section XII (Dispute Resolution) of this Consent Decree. However, notwithstanding the
provisions of Section XII (Dispute Resolution), the City shall not seek formal dispute resolution
under Section XII (Dispute Resolution) of any dispute regarding termination until at least one
hundred twenty (120) Days after serving its Request for Final Termination or ninety (90) Days
after serving its Request for Partial Termination. This Consent Decree shall remain in effect
75
pending resolution of the dispute by the Parties or the Court in accordance with the dispute
resolution provisions of Section XII (Dispute Resolution) of this Consent Decree.
XXI. PUBLIC PARTICIPATION
This Consent Decree shall be lodged with the Court for at least thirty (30) Days for
public notice and comment in accordance with 28 C.F.R. § 50.7. The United States reserves the
right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose
facts or considerations indicating that the Consent Decree is inappropriate, improper, or
inadequate. Additionally, the State shall give public notice of the settlement, and allow for
public comment, by publishing a notice of the settlement and opportunity to comment in the
Texas Register as required by Texas Water Code § 7.110. The State reserves the right to
withdraw from or withhold consent from the Consent Decree for the reasons set forth in Texas
Water Code § 7.110. The City consents to entry of this Consent Decree without further notice
and agrees not to withdraw from or oppose entry of this Consent Decree by the Court or to
challenge any provision of the Consent Decree, unless the United States or the State has notified
the City in writing or in open court that it no longer supports entry of the Consent Decree.
XXII. SIGNATORIES/SERVICE
Each undersigned representative of the City, State, EPA, and the Assistant Attorney
General for the Environment and Natural Resources Division of the Department of Justice on
behalf of the United States certifies that he or she is fully authorized to enter into the terms and
conditions of this Consent Decree and to execute and legally bind to this document the Party he
or she represents.
This Consent Decree may be signed in counterparts, and its validity shall not be
challenged on that basis.
76
The City agrees to accept service of process by mail or courier service to the
address set forth in Paragraph 99 with respect to all matters arising under or relating to this
Consent Decree and to waive the formal service requirements set forth in Rules 4 and 5 of the
Federal Rules of Civil Procedure and any applicable Local Rules of this Court relating to service
of process including, but not limited to, service of a summons.
XXIII. INTEGRATION/APPENDICES
This Consent Decree and its Appendices constitute the final, complete, and
exclusive agreement and understanding among the Parties with respect to the settlement
embodied in the Consent Decree and supersede all prior agreements and understandings, whether
oral or written, concerning the settlement embodied herein. Other than the Appendices, which
are attached hereto and are explicitly incorporated into this Consent Decree, and Deliverables
that are subsequently submitted and approved pursuant to this Consent Decree, no other
document, nor any representation, inducement, agreement, understanding, or promise, constitutes
any part of this Consent Decree or the settlement it represents, nor shall it be used in construing
the terms of this Consent Decree. The Appendices to this Consent Decree are as follows:
Appendix A Capital Improvements Plan Projects
Appendix B Corpus Christi System-Wide Cleaning Program Process and Guidelines
Appendix C Prioritization Approach City of Corpus Christi Risk-Based Prioritization
Appendix D Capacity Assessment and Remedial Measures Approach
Appendix E Condition Assessment and Remedial Measures Approach
Appendix F Condition Assessment Report Template
Appendix G Condition Remedial Measures Plan Report Template
Appendix H Capacity Assessment Report Template
Appendix I Capacity Remedial Measures Plan Report Template
Appendix J Annual Report Template
XXIV. FINAL JUDGMENT
Upon approval and entry of this Consent Decree by the Court, this Consent Decree
shall constitute a final judgment of the Court as to the United States, the State, and the City.
77
Dated and entered this day of , 2020.
________________________________
UNITED STATES DISTRICT JUDGE
78
Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE
UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States
of America and State of Texas v. City of Corpus Christi (S.D. TX):
FOR THE UNITED STATES OF AMERICA
___________ ___________________________
Date JEFFREY BOSSERT CLARK
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice
Washington, D.C. 20530
__________ _________________________________
Date THOMAS P. CARROLL
Assistant Section Chief
BRANDON ROBERS
Trial Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20004
Phone: (202) 514-5292
Fax: (202) 616-6584
Brandon.robers@usdoj.gov
79
Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE UNDERSIGNED
PARTIES enter into this Consent Decree entered in the matter of United States of America and
State of Texas v. City of Corpus Christi (S.D. TX):
FOR THE UNITED STATES OF AMERICA
RYAN K. PATRICK
United States Attorney
__________ By: ________________________________
Date JOHN SMITH III
Deputy Civil Chief
U.S. Attorney’s Office
Southern District of Texas
800 N. Shoreline, Suite 500
Corpus Christi, TX 78401
(361) 888-3111
80
Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE
UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States
of America and State of Texas v. City of Corpus Christi (S.D. TX):
__________ _________________________________
Date CHERYL SEAGER
Division Director
U.S. Environmental Protection Agency
Region 6
1201 Elm Street, Suite 500
Dallas, Texas 75270-2102
__________ _________________________________
Date RUSTY HERBERT
Senior Assistant Regional Counsel
Office of Regional Counsel
U.S. Environmental Protection Agency
Region 6
1201 Elm Street, Suite 500
Dallas, Texas 75270-2102
81
Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE
UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States
of America and State of Texas v. City of Corpus Christi (S.D. TX):
__________ _________________________________
Date SUSAN PARKER BODINE
Assistant Administrator
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
__________ _________________________________
Date ROSEMARIE KELLEY
Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
__________ _________________________________
Date MARK POLLINS
Division Director
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
__________ _________________________________
Date MORGAN E. ROG
Attorney-Advisor
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
82
Subject to the notice and comment provisions of Texas Water Code § 7.110, THE
UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States
of America and State of Texas v. City of Corpus Christi (S.D. TX):
FOR THE STATE OF TEXAS
KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General
DARREN L. MCCARTY
Deputy Attorney General for Civil Litigation
PRISCILLA M. HUBENAK
Division Chief, Environmental Protection
Division
___________
Date __________________________________
MARK A. STEINBACH
State Bar No. 24056653
Assistant Attorney General
Office of the Attorney General
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Phone: (512) 463-2012
Fax: (512) 320-0911
mark.steinbach@texasattorneygeneral.gov
COUNSEL FOR THE STATE OF TEXAS
83
THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United
States of America and State of Texas v. City of Corpus Christi (S.D. TX):
__________ ___________________________________
Date PETER ZANONI
City Manager
1201 Leopard St.
Corpus Christi, TX 78401
(361) 826-3220
Agent Authorized to Accept Service on Behalf of Above-signed Party:
__________ ___________________________________
Date MILES RISLEY
City Attorney
1201 Leopard St.
Corpus Christi, TX 78401
(361) 826-3360
JOSE E. DE LA FUENTE
Principal
NATHAN E. VASSAR
Principal
Lloyd Gosselink Rochelle & Townsend, P.C.,
816 Congress Avenue, Suite 1900
Austin, Texas 78701
(512) 322-5800
Appendix A
Capital Improvements Plan Projects
Appendix A: Capital Improvements Plan Projects
CIP Item Notes from CIP Total Cost Completion
Date
Laguna Shores Road
Force Main
Replacement
“This project will increase
operational efficiencies
and protect against
overflows, preventing
enforcement action from
the Texas Commission on
Environmental Quality.”
$5,800,000.00 Dec. 1, 2020
McBride Lift Station
and Force Main
Improvements
“The project is essential to
reduce long-term
operational cost and to
alleviate potential Texas
Commission on
Environmental Quality
violations with lift station
failures and resulting
overflows.”
$4,600,000.00 Dec. 1, 2022
Appendix B
Corpus Christi System‐Wide Cleaning Program Process and
Guidelines
Appendix B
Corpus Christi System‐Wide Cleaning Program Process and Guidelines
Plan, Schedule, and Conduct System Wide SD
Cleaning and Visual Inspection Program
•Manually review recommendations:
•Accept recommendation
•Reject recommendation
•Revise recommendation
1 of 2
Evaluate Cleaning Findings
•Clean SD Gravity Sewer within 10
years of the Effective Date.
•Annually clean a minimum of 12%
of the total SD Gravity Sewer Main
miles. Repeat “Hot Spot” cleaning
miles may be counted towards the
12% annual minimum.
•Gravity Sewer Mains will be selected
for repeat cleaning and cleaning
frequencies will be determined as
warranted based on Cleaning
Findings, including:
•City best professional judgment
•SSO root cause information
•CCTV findings
•Previous sewer cleaning findings
Pipes Not in the
“Hot Spot”
Program:
•Heavy – Add
Pipe to the
“Hot Spot”
Program
•Evaluate
whether pipe
should be
referred for a
more detailed
inspection
Refer for CCTV inspection if warranted
•CD Paragraph 17
Guidelines for referral include:
•Cleaning Tools will not pass
through pipe
•Pieces of broken pipe
•Significant quantities of soil
observed at downstream
manhole
Small Diameter (SD) Gravity Sewer Mains – Less than 24‐inches in Diameter
CD Section V.B, Paragraphs 14, 15 and 17
Implement System‐wide SD Gravity
Sewer Main Cleaning and Visual
Inspection Activities
CD Paragraphs 14 and 15.c and e
Implement Repeat “Hot Spot” Gravity
Sewer Cleaning and Visual Inspection
Activities
CD Paragraphs 15.d
Assess Visual
Inspection Data
Guidelines for evaluation of gravity sewer
cleaning findings
Note: These are recommendations based on
business logic that a person reviews to accept,
reject, or revise.
Review and Implement Cleaning
Frequency Changes
This appendix is meant to illustrate the requirements of Section V.C of the Consent Decreee (“CD”). Significant detail exists
in the CD that is not in this Appendix. To the extent that this Appendix and the CD are inconsistent, the CD controls.
Pipes Included in
Hot Spot Program:
•Minor – Reduce Frequency
•Moderate – Keep at Current Frequency
•Heavy – Increase
Frequency
•Update the Preventive Maintenance Cleaning
module in CMMS with Accepted changes
Appendix B
Corpus Christi System‐Wide Cleaning Program Process and Guidelines
Inspect manholes associated with LD Gravity Sewer
Mains within 4 years of the Effective Date. Measure the
depth of debris in the associated LD Gravity Sewer Main
via the upstream and the downstream manholes.
Inspection Data Evaluation Guidelines to Determine
Cleaning Needs
The City shall clean each LD Gravity Sewer Main
segment where the depth of debris in the LD Gravity
Sewer Main, as measured in such LD Gravity Sewer Main
at either the upstream or downstream manhole,
exceeds twenty (20) percent of the pipe’s diameter. The
following LD cleaning milestones shall be reached from
the Effective Date: at least 30% will occur within 6 years;
at least 60% will occur within 8 years; 100% will occur
within 10 years.
Large Diameter (LD) Gravity Sewer Mains – Greater than or Equal to 24‐inch Diameter
CD Section V.B, Paragraphs 14, 16 and 17
Clean LD Gravity Mains
Paragraph 16.b
Any LD Gravity Sewer Main found to have a depth of
debris, as measured in the pipe at either the upstream or
downstream manhole, that exceeds twenty (20) percent
of the pipe diameter shall be re‐inspected within five (5)
years of the date that main is inspected, unless main is
cleaned within that five (5) year period, in which case it
will be re-inspected within five (5) years of the date that
the main is cleaned. Re‐cleaning and re‐inspection
frequencies for all other Large Diameter Gravity Mains
will be determined as part of the CMOM program.
Plan, Schedule, and Conduct Initial LD Inspection
Activities
Paragraph 16.a
Page 2 of 2
Re‐inspection Frequency
Paragraph 16.c Refer for CCTV inspection if warranted
CD Paragraph 17
•Guidelines for referral include:
•Cleaning Tools will not pass
through pipe
•Pieces of broken pipe
•Significant quantities of
recently infiltrated soil
observed at downstream
manhole
Appendix C
Prioritization Approach
City of Corpus Christi Risk-Based
Prioritization
1
Appendix C: Prioritization Approach
City of Corpus Christi Risk-Based
Prioritization:
Risk-based prioritization approach
As provided in Paragraph 9(b)(i), the City of Corpus Christi shall implement a risk-based
approach to its system-wide cleaning and condition assessment programs that will prioritize work
in neighborhoods with historically high rates of Sanitary Sewer Overflows (“SSOs”). The City
will address these areas of the City most at risk of having SSOs within the first four years after
the Effective Date.
Risk-based prioritization approach for Small Diameter Gravity Sewer Mains
The risk-based method prioritizes neighborhoods based on SSO risk. The prioritized
neighborhoods will be used to prioritize both the system -wide sewer cleaning program as well as
the condition assessment field inspection program. The following summarizes the process
developed by the City of Corpus Christi for implementation in accordance with Consent Decree
requirements:
Using the City’s GIS mapping system, historical data and asset databases, staff identified
approximately 1,700 individual subdivisions that make up the entire wastewater collection
system. In general, each subdivision represents a unique asset class with similar characteristics,
having been constructed during a relatively short time period. Thus, there is relative uniformity
in each subdivision concerning the following: (1) asset materials, (2) method(s) of construction,
(3)design, (4) soil conditions, (5) and asset age. Additionally, sewer assets within each of these
areas generally have a defined downstream terminus.
1.The SSO historical data was evaluated to focus on SSOs that were likely caused by
publicly owned gravity sewer mains. As such, the City filtered out SSOs that: (1) were
not caused by the City’s gravity sewer mains; (2) occurred due to actions of a contractors
(e.g., directional drilling, or excavating) that breached existing City sewers; (3) resulted
from non-structural or non-operations and maintenance causes (e.g., vandalism or minor
leakage during a repair).
2.The City determined and assigned for each subdivision an SSO Relative Risk Score,
based on SSO location history data (since 2012) and GIS mapping, as follows:
•Determined number of SSOs in each subdivision from 2012 through the
Effective Date.
•Calculated “SSO Relative Risk” score for each subdivision. The SSO Relative
Risk score means the percentage of total SSOs that occurred in a given
neighborhood divided by the percentage of total length of sewer mains that are
in a given neighborhood. For instance, if 4% of SSOs since 2012 occurred in
Neighborhood A, and 2% of total system pipes are in Neighborhood A, then the
2
relative risk of Neighborhood A is 2.0. This means that this neighborhood has
twice the risk as the average risk neighborhood.
•Prioritized subdivisions based on SSO Relative Risk.
•Level loaded mileage in order to achieve a constant rate of progress in conducting
system wide sewer cleaning and field inspections.
3. Under this approach:
•The City will perform subdivision prioritized cleaning and condition
assessment within 4 years from the Effective Date. The entire collection system
(including performing neighborhoods) shall be cleaned and its condition
assessed within ten years after the Effective Date, as specifically provided in
Section 5.C (Condition Assessment and Remedial Program) of the Consent
Decree. 100% of each subdivision will be cleaned, with cleaning completed in
an upstream to downstream direction, ending at the downstream termination
manhole defined within GIS.
•The City will address all neighborhoods with a relative risk greater than 0 in
within the first 4 years of the program.
•The City will perform cleaning and condition assessment field inspection
activities by subdivision work orders in a systematic process across the entire
collection system.
The proposed comprehensive sewer cleaning and condition assessment plan prioritizes those
areas associated with SSOs in the first 4 years after the Effective Date.
Risk-based prioritization approach for Large Diameter Gravity Sewer Mains
Large Diameter Gravity Sewer Main Sewershed prioritization will be based on factors including:
•SSO history
•Condition history
•Coordination with potential WWTP consolidation projects
•Coordination with other infrastructure improvements such as water or
street projects
Within 4 years of the Effective Date, per Consent Decree Paragraphs 16 and 18-19, the City will
perform an initial inspection of Manholes associated with Large Diameter Gravity Sewer Mains
Due to the need to group Large Diameter Gravity Sewer Mains into linear work packages, the
City will group and prioritize Large Diameter Gravity Sewer Main inspection and cleaning by
Sewershed instead of the neighborhood-based approach described above for Small Diameter
Gravity Sewer Mains, as follows:
1.Oso
2.Broadway
3.Greenwood
4.Laguna Madre
5.Allison
3
6. Whitecap
Inspections and cleaning will generally be completed in an upstream to downstream direction.
The City may update the Sewershed inspection order or the order of inspection of individual
Large Diameter Gravity Sewer Mains as new information becomes available to suggest
reordering of priorities is warranted.
Appendix D
Capacity Assessment and
Remedial Measures
Approach
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ƉƉĞŶĚŝdž
ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ
WĂŐĞϭŽĨϰ
dŚŝƐĂƉƉĞŶĚŝdžŝƐŵĞĂŶƚƚŽŝůůƵƐƚƌĂƚĞƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞ;͟͞Ϳ͘^ŝŐŶŝĨŝĐĂŶƚĚĞƚĂŝůĞdžŝƐƚƐŝŶ
ƚŚĞƚŚĂƚŝƐŶŽƚŝŶƚŚŝƐƉƉĞŶĚŝdž͘dŽƚŚĞĞdžƚĞŶƚƚŚĂƚƚŚŝƐƉƉĞŶĚŝdžĂŶĚƚŚĞĂƌĞŝŶĐŽŶƐŝƐƚĞŶƚ͕ƚŚĞĐŽŶƚƌŽůƐ͘
ZĞĨĞƌƚŽůĞĂŶŝŶŐŽƌ
ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů
WƌŽĐĞƐƐΎ
WĂƌĂŐƌĂƉŚϮϴ͘Ě
^ĞĐƚŝŽŶƐs͕͘s͕͘
ĂŶĚs͘&
ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ
ƉĂƌƚŽĨƚŚĞDKD͘
tĞƚtĞĂƚŚĞƌͲZĞůĂƚĞĚ^^KŚĂƌĂĐƚĞƌŝnjĂƚŝŽŶWĂƌĂŐƌĂƉŚϮϴ͘Ă
x ǀĂůƵĂƚĞ^^KƐĚƵƌŝŶŐǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐϰLJĞĂƌƐďĞĨŽƌĞĂŶĚϯLJĞĂƌƐĂĨƚĞƌ ĨĨĞĐƚŝǀĞĂƚĞ
xĐƚŝǀŝƚŝĞƐŵĂLJŝŶĐůƵĚĞĂƐĂƉƉƌŽƉƌŝĂƚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͗
xZĞǀŝĞǁĂǀĂŝůĂďůĞƌĞĐŽƌĚƐ
xdĂůŬƚŽƐƚĂĨĨƚŚĂƚƉĞƌĨŽƌŵĞĚƚŚĞƉŽƐƚͲ^^KŝŶǀĞƐƚŝŐĂƚŝŽŶ
xŽŶƐƵůƚǁŝƚŚĐůĞĂŶŝŶŐĂŶĚƌĞƉĂŝƌĐƌĞǁƐ
xtĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐĂƌĞƌĂŝŶĞǀĞŶƚƐƚŚĂƚĞdžĐĞĞĚϭͲŝŶĐŚŽǀĞƌĂϮϰͲŚŽƵƌƉĞƌŝŽĚ
^LJƐƚĞŵͲtŝĚĞ,LJĚƌĂƵůŝĐDŽĚĞůŝŶŐ
xŽƌƉƵƐŚƌŝƐƚŝǁŝůůƵƐĞĂϱͲLJĞĂƌ͕ϮϰͲ
ŚŽƵƌĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵĂƚĞdžŝƐƚŝŶŐ
ƉŽƉƵůĂƚŝŽŶƐĐĞŶĂƌŝŽŝŶƚŚĞŵŽĚĞůĂƐ
ƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐƚŽ
ŝĚĞŶƚŝĨLJĚŝƐĐƌĞƚĞƐLJƐƚĞŵĐŽŵƉŽŶĞŶƚƐ
ƚŚĂƚƌĞƐƵůƚŝŶĂWƌŝŽƌŝƚLJϭƚŚƌŽƵŐŚϱ
ĐĂƚĞŐŽƌŝnjĂƚŝŽŶĂƐĚĞƐĐƌŝďĞĚŝŶƚŚĞ
͞ŽŶƐŽůŝĚĂƚĞĂŶĚWƌŝŽƌŝƚŝnjĞWŽƚĞŶƚŝĂů
ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐ͟ďŽdžďĞůŽǁ͘
x/ĚĞŶƚŝĨLJWƌŝŽƌŝƚLJϭƚŚƌŽƵŐŚϱƉŽƚĞŶƚŝĂů
ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐ͘
ŽŶƐŽůŝĚĂƚĞĂŶĚWƌŝŽƌŝƚŝnjĞWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐWĂƌĂŐƌĂƉŚϮϴ͘Ĩ
WƌŝŽƌŝƚLJϭͲĂƚĞŐŽƌLJ^^KĂŶĚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůĂůƐŽƉƌĞĚŝĐƚƐ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘
WƌŝŽƌŝƚLJϮͲtŚĞƌĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͕ďƵƚǁŝƚŚŶŽŽďƐĞƌǀĞĚ^^K͘
ĂƚĞŐŽƌLJ^^K͕ďƵƚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůĚŽĞƐŶŽƚƉƌĞĚŝĐƚ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘
WƌŝŽƌŝƚLJϯͲdŚĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐŚLJĚƌĂƵůŝĐŐƌĂĚĞůŝŶĞ;,'>ͿŶĞĂƌŐƌŽƵŶĚĞůĞǀĂƚŝŽŶǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚ
ƉĂƌĂŵĞƚĞƌƐ͘
WƌŝŽƌŝƚLJϰͲĂƚĞŐŽƌLJ^^K͘
WƌŝŽƌŝƚLJϱͲdŚĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐƚŚĂƚƉŝƉĞĚĞƐŝŐŶĐĂƉĂĐŝƚLJŝƐĞdžĐĞĞĚĞĚĨŽƌƐƵƐƚĂŝŶĞĚϲϬŵŝŶƵƚĞƐŽƌŵŽƌĞ
ďƵƚƚŚĞ,'>ŝƐŶŽƚŶĞĂƌƚŚĞŐƌŽƵŶĚĞůĞǀĂƚŝŽŶǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘
EŽƚĞƐ
xdŚĞůŝƐƚĂďŽǀĞƌĞƉƌĞƐĞŶƚƐĐƌŝƚĞƌŝĂĨŽƌƵƐĞďLJŝƚLJŝŶƉƌŝŽƌŝƚŝnjŝŶŐƚŚĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐƚŚĂƚŵĂLJ
ǁĂƌƌĂŶƚ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ͘dŚĞŝƚLJǁŝůůƉƌŝŽƌŝƚŝnjĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐďLJ͕ŝŶŐĞŶĞƌĂů͕ƐƚĂƌƚŝŶŐĂƚƚŚĞƚŽƉŽĨƚŚĞůŝƐƚ͕
ǁŝƚŚWƌŝŽƌŝƚLJϭƚĂŬŝŶŐƚŚĞŚŝŐŚĞƐƚƉƌŝŽƌŝƚLJĂŶĚWƌŝŽƌŝƚLJϱƚĂŬŝŶŐƚŚĞůŽǁĞƐƚƉƌŝŽƌŝƚLJ͘/ŶŐĞŶĞƌĂů͕ƚŚĞŝƚLJƐŚĂůůƐƚĂƌƚ
ǁŝƚŚWƌŝŽƌŝƚLJϭĂŶĚǁŽƌŬƚŽǁĂƌĚƐůŽǁĞƌƉƌŝŽƌŝƚŝĞƐĂƐŚŝŐŚĞƌƉƌŝŽƌŝƚLJĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐĂƌĞĐŽŶĐůƵĚĞĚ͘ŽƌƉƵƐ
ŚƌŝƐƚŝŵĂLJƌĞƉƌŝŽƌŝƚŝnjĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐĂƐŶĞǁŝŶĨŽƌŵĂƚŝŽŶďĞĐŽŵĞƐĂǀĂŝůĂďůĞŽƌĂĚũƵƐƚŵĞŶƚƐƚŽ
ƚŚĞŵŽĚĞůĂƌĞŵĂĚĞ͘
xWƌŝŽƌŝƚŝĞƐϭͲϰĂƌĞŵŽƌĞůŝŬĞůLJƚŚĂŶϱ͛ƐƚŽǁĂƌƌĂŶƚĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶ͕ƚŚŽƵŐŚƚŚŝƐƐŚĂůůďĞĚĞƚĞƌŵŝŶĞĚďĂƐĞĚƵƉŽŶĂ
ĐĂƐĞͲďLJͲĐĂƐĞĞŶŐŝŶĞĞƌŝŶŐĂƐƐĞƐƐŵĞŶƚ;ĨŽƌĞdžĂŵƉůĞ͕ƐƵĐŚĂƐŝŶǀĞƌƚĞĚƐŝƉŚŽŶƐǁŚŝĐŚĂƌĞŝŶƚĞŶƚŝŽŶĂůůLJŽƉĞƌĂƚĞĚ
ƐƵďŵĞƌŐĞĚǁŝƚŚ,'>ĂďŽǀĞƉŝƉĞĐƌŽǁŶͿ͘
xWƌŝŽƌŝƚLJϱ͛ƐƐŚĂůůďĞŬĞƉƚŽŶĂŵŽŶŝƚŽƌŝŶŐůŝƐƚŽƌŐŽƚŽĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶĂƐǁĂƌƌĂŶƚĞĚďĂƐĞĚƵƉŽŶĂĐĂƐĞͲďLJĐĂƐĞ
ĞŶŐŝŶĞĞƌŝŶŐĂƐƐĞƐƐŵĞŶƚ͘WƌŝŽƌŝƚLJϱΖƐƚŚĂƚĚŽŶŽƚŐŽƚŽĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐŚĂůůďĞŬĞƉƚŽŶƚŚĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJ
ŽŶƐƚƌĂŝŶƚůŝƐƚĂŶĚŵŽŶŝƚŽƌĞĚĂƐƵƉĚĂƚĞƐĂƌĞŵĂĚĞƚŽƚŚĞŵŽĚĞů͘
ƐƐĞƐƐDĂŝŶƚĞŶĂŶĐĞ&ƌĞƋƵĞŶĐLJĂƚĂ
;DKDͿΎ
ǀĂůƵĂƚĞ͕ĂŶĚŵŽĚŝĨLJĂƐŶĞĞĚĞĚ͕ƚŚĞ
ŵĂŝŶƚĞŶĂŶĐĞĨƌĞƋƵĞŶĐLJĨŽƌĞĂĐŚƉŝƉĞ
ƵŶĚĞƌŝŶǀĞƐƚŝŐĂƚŝŽŶƚŽƉƌĞǀĞŶƚďůŽĐŬĂŐĞƐ
ƚŚĂƚǁŽƵůĚƐŝŐŶŝĨŝĐĂŶƚůLJƌĞĚƵĐĞĚĞƐŝŐŶ
ĐĂƉĂĐŝƚLJĚƵƌŝŶŐƚŚĞŝŶǀĞƐƚŝŐĂƚŝŽŶ
DŽĚĞůZĞͲĐĂůŝďƌĂƚŝŽŶWƌŽĐĞƐƐ;DKDͿΎ
xŽůůĞĐƚĂĚĚŝƚŝŽŶĂůĨůŽǁŵĞƚĞƌŝŶŐĚĂƚĂŽǀĞƌƚŝŵĞ
xŽůůĞĐƚĂĚĚŝƚŝŽŶĂůƌĂŝŶŐĂƵŐĞĚĂƚĂŽǀĞƌƚŝŵĞ
xƉƉůLJĂƉƉƌŽƉƌŝĂƚĞŽďƐĞƌǀĞĚƐƚŽƌŵĞǀĞŶƚƐƚŽŵŽĚĞů
xĂůŝďƌĂƚĞƚŚĞŵŽĚĞůƚŽŵĂƚĐŚŵĞĂƐƵƌĞĚĨůŽǁƐ;ĨŽƌďŽƚŚĚƌLJĂŶĚǁĞƚ
ǁĞĂƚŚĞƌĨůŽǁƐͿ
xƐƐĞƐƐĐĂůŝďƌĂƚŝŽŶĂŶŽŵĂůŝĞƐĂŶĚĂĚũƵƐƚŵŽĚĞů
EŽƚĞƐ
xdŚŝƐƉƌŽĐĞƐƐŝƐĐƵƌƌĞŶƚůLJƉůĂŶŶĞĚƚŽŽĐĐƵƌĂƐŶĞĞĚĞĚŝŶƚŚĞĨƵƚƵƌĞ
ĚĞƉĞŶĚŝŶŐŽŶƐLJƐƚĞŵŐƌŽǁƚŚͬĐŚĂŶŐĞƌĂƚĞŽƌŽƚŚĞƌĨĂĐƚŽƌƐ͘
x/ĨŶĞĞĚĞĚ͕ŵŽĚĞůƌĞͲĐĂůŝďƌĂƚŝŽŶǁŝůůďĞƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚŽĨDKD
^ĞĞWĂŐĞϯ͕ĞƚĞƌŵŝŶĞ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ
dĞĐŚŶŝƋƵĞ
^ĞĞWĂŐĞϯ͕
DĂŬĞ
DŽĚĞů
hƉĚĂƚĞƐĂƐ
EĞĐĞƐƐĂƌLJ
ZĞĨĞƌƚŽ
ůĞĂŶŝŶŐŽƌ
ŽŶĚŝƚŝŽŶ
ZĞŵĞĚŝĂů
WƌŽĐĞƐƐΎ
WĂƌĂŐƌĂƉŚ
Ϯϴ͘Ě
^ĞĐƚŝŽŶs͘
^ĞĐƚŝŽŶs͘
^ĞĐƚŝŽŶs͘&
ƉƉĞŶĚŝdž
ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ
WĂŐĞϮŽĨϰ
ΎdŚĞƐĞ
ĂĐƚŝǀŝƚŝĞƐ
ǁŝůůŽĐĐƵƌĂƐ
ƉĂƌƚŽĨƚŚĞ
DKD͘
ĂƚĞŐŽƌŝnjĂƚŝŽŶŽĨ^^KƐWĂƌĂŐƌĂƉŚsϮϴ͘ď
A)Most likely a capacity-related SSO. Existing data indicate that there does not appear to bea history of maintenance or structural issues that may have led to the SSO.
B) Most likely maintenance related or condition related. Existing data indicate that the causeis most likely a maintenance-related cause such as FOG, roots, or debris, or a condition-related cause, such as a protruding lateral or an offset joint, but there may also be a Capacity Constraint at the SSO location.
C) Not a capacity-related SSO. Existing data indicate that the SSO was not capacity related.Examples include isolated events such as pool or colling towers being drained into the sewer system or cleaning maintenance related issues such as significant FOG, roots, or debris.
CD Paragraph 28.e
&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶƐŽĨWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐWĂƌĂŐƌĂƉŚϮϴ͘Ő
ŝƚLJƐŚĂůůŝŵƉůĞŵĞŶƚƐĞůĞĐƚĞĚĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƚĞĐŚŶŝƋƵĞĂƚĞĂĐŚůŽĐĂƚŝŽŶǁŝƚŚĂƉƌŝŽƌŝƚLJϭͲϰƉŽƚĞŶƚŝĂů
ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƵŶƚŝůĂƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚŽĐĐƵƌƐŝŶŽƌĚĞƌƚŽĚĞƚĞƌŵŝŶĞǁŚĞƚŚĞƌƚŚĞƌĞŝƐĂ
ƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌƌĞƐƉŽŶƐĞ͘/ŶƉĞƌĨŽƌŵŝŶŐĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͕ƚŚĞŝƚLJƐŚĂůůĂĚŚĞƌĞƚŽƚŚĞĨŽůůŽǁŝŶŐ
ŐƵŝĚĞůŝŶĞƐ͗
x^ŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐĂƌĞƌĂŝŶĞǀĞŶƚƐƚŚĂƚĞdžĐĞĞĚϭͲŝŶĐŚŽǀĞƌĂϮϰͲŚŽƵƌƉĞƌŝŽĚ͘
xdŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵŝƐĂϱͲLJĞĂƌ͕ϮϰͲŚŽƵƌƐƚŽƌŵĂƚĞdžŝƐƚŝŶŐƉŽƉƵůĂƚŝŽŶƐĐĞŶĂƌŝŽ͘
x/ĨƚŚĞ,'>ŝƐĂƚŽƌŶĞĂƌŐƌŽƵŶĚƐƵƌĨĂĐĞĞůĞǀĂƚŝŽŶĚƵƌŝŶŐĂǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚůĞƐƐƚŚĂŶϭͲŝŶĐŚŽǀĞƌĂϮϰŚŽƵƌ
ƉĞƌŝŽĚ͕ŝĚĞŶƚŝĨLJĂƐĂsĞƌŝĨŝĞĚĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚĂŶĚƌĞĨĞƌĨŽƌƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͘
x&ŽƌƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐƚŚĂƚĂƌĞůĞƐƐƚŚĂŶƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ƚŚĞĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐĂƉƉůLJ͗
xƉƉůLJŽďƐĞƌǀĞĚƐƚŽƌŵƚŽ,LJĚƌĂƵůŝĐDŽĚĞůĂŶĚĚĞƚĞƌŵŝŶĞƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞƉŽƚĞŶƚŝĂůĐĂƉĂĐŝƚLJ
ĐŽŶƐƚƌĂŝŶƚůŽĐĂƚŝŽŶ͘ŽŵƉĂƌĞƉƌĞĚŝĐƚĞĚ,'>ĨƌŽŵ,LJĚƌĂƵůŝĐDŽĚĞůƚŽŽďƐĞƌǀĞĚ,'>͘ŽƌƉƵƐŚƌŝƐƚŝ
ǁŝůůƵƐĞŝƚƐďĞƐƚƉƌŽĨĞƐƐŝŽŶĂůũƵĚŐŵĞŶƚƚŽĂĚũƵƐƚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůŝĨĂƉƉƌŽƉƌŝĂƚĞ͘
x/ĨŽďƐĞƌǀĞĚ,'>ŝƐĂƚŽƌĂďŽǀĞƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞů͛ƐƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞŽďƐĞƌǀĞĚƐƚŽƌŵ͗
Ă͘&ŽƌWƌŝŽƌŝƚLJϭ͕ϮĂŶĚϯ͗ŝĚĞŶƚŝĨLJĂƐĂsĞƌŝĨŝĞĚĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚĂŶĚƌĞĨĞƌĨŽƌĂůƚĞƌŶĂƚŝǀĞƐ
ĂŶĂůLJƐŝƐ͕ĂƐĂƉƉƌŽƉƌŝĂƚĞ
ď͘&ŽƌWƌŝŽƌŝƚLJϰĂŶĚϱ͗ĞǀĂůƵĂƚĞŽŶĂĐĂƐĞͲďLJͲĐĂƐĞďĂƐŝƐĂŶĚƌĞĨĞƌƚŽĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͕ĂƐ
ĂƉƉƌŽƉƌŝĂƚĞ
x/ĨŽďƐĞƌǀĞĚ,'>ŝƐůĞƐƐƚŚĂŶƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞů͛ƐƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞŽďƐĞƌǀĞĚƐƚŽƌŵ͗
Ă͘&ŽƌWƌŝŽƌŝƚLJϭĂŶĚϮ͗
ŝ͘/Ĩ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐĂŶŽǀĞƌĨůŽǁĂƚƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ĞǀĂůƵĂƚĞŽŶĂĐĂƐĞͲďLJͲĐĂƐĞ
ďĂƐŝƐĂŶĚƌĞĨĞƌĨŽƌƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͕ĂƐĂƉƉƌŽƉƌŝĂƚĞ͘
ŝŝ͘/Ĩ,LJĚƌĂƵůŝĐDŽĚĞůĚŽĞƐŶŽƚƉƌĞĚŝĐƚĂŶŽǀĞƌĨůŽǁĂƚƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ƌĞŵŽǀĞƚŚĞƐĞ
ƐŝƚĞƐĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂƐĂƉƉƌŽƉƌŝĂƚĞ͘dŚĞŝƚLJǁŝůůĐŽŶƚŝŶƵĞƚŽŵŽŶŝƚŽƌ
ƚŚĞƐĞƐŝƚĞƐĂƐƉĂƌƚŽĨDKD͘
ď͘&ŽƌWƌŝŽƌŝƚLJϯ͕ϰ͕ĂŶĚϱ͗ƌĞŵŽǀĞƚŚĞƐŝƚĞĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂƐ
ĂƉƉƌŽƉƌŝĂƚĞ͘dŚĞŝƚLJǁŝůůĐŽŶƚŝŶƵĞƚŽŵŽŶŝƚŽƌƚŚĞƐĞƐŝƚĞƐĂƐƉĂƌƚŽĨDKD͘
xdŚĞŝƚLJǁŝůůĚĞƚĞƌŵŝŶĞƚŚĂƚŶŽĐĂƉĂĐŝƚLJĐŽŶƐƚƌĂŝŶƚĞdžŝƐƚƐĂƚĂƐŝƚĞǁŚĞŶĂǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚŽĐĐƵƌƐƚŚĂƚŝƐ
ĂƉƉƌŽdžŝŵĂƚĞůLJĞƋƵĂůƚŽŽƌĞdžĐĞĞĚƐƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ĂŶĚŶŽŽǀĞƌĨůŽǁƚĂŬĞƐƉůĂĐĞ͘ŶLJƐƵĐŚƐŝƚĞƐǁŝůůďĞ
ƌĞŵŽǀĞĚĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂŶĚŵŽŶŝƚŽƌĞĚŝŶƚŚĞĨƵƚƵƌĞĂƐƉĂƌƚŽĨDKD
xtŚĞƌĞŶŽƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌƌĞƐƉŽŶƐĞŽĐĐƵƌƐ͕ƚŚĞŝƚLJǁŝůůƌĞŵŽǀĞĂůŽĐĂƚŝŽŶĨƌŽŵƚŚĞĨŝĞůĚ
ŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵ
DĂŬĞhƉĚĂƚĞƐƚŽƚŚĞ
DŽĚĞůĂƐEĞĐĞƐƐĂƌLJ
;DKDͿΎ
x^ƵĐŚƵƉĚĂƚĞƐŵĂLJ
ŝŶĐůƵĚĞĐĂůŝďƌĂƚŝŽŶ
ŽƉƉŽƌƚƵŶŝƚŝĞƐ
ďĂƐĞĚŽŶĨůŽǁ
ŵĞƚĞƌĚĂƚĂ͕
ƵƉĚĂƚĞƐƚŽ
ĂƚƚƌŝďƵƚĞƐĨŽƵŶĚ
ĚƵƌŝŶŐƚŚĞĨŝĞůĚ
ŝŶǀĞƐƚŝŐĂƚŝŽŶ͕
ĂĐĐŽƵŶƚŝŶŐĨŽƌ
ĚĞďƌŝƐůŽĂĚŝŶŐ͕Žƌ
ŽƚŚĞƌƌĞůĞǀĂŶƚŶĞǁ
ĚĂƚĂ
EŽƚĞƐ
xhƉĚĂƚĞƐǁŝůůďĞ
ƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚ
ŽĨDKD
ĞƚĞƌŵŝŶĞ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶdĞĐŚŶŝƋƵĞ
WĂƌĂŐƌĂƉŚϮϴ͘Ő
ĞƚĞƌŵŝŶĞǁŚŝĐŚ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶdĞĐŚŶŝƋƵĞŝƐŵŽƐƚĂƉƉƌŽƉƌŝĂƚĞĨŽƌĞĂĐŚŝĚĞŶƚŝĨŝĞĚƉŽƚĞŶƚŝĂů
ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚ
x&ůŽǁŵĞĂƐƵƌĞŵĞŶƚ
x>ĞǀĞůŵĞĂƐƵƌĞŵĞŶƚ
xsŝƐƵĂůŝŶƐƉĞĐƚŝŽŶ
xKƚŚĞƌ;ƐƉĞĐŝĨLJͿ
ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚ^ƵŵŵĂƌLJZĞƉŽƌƚ
(CD Paragraph 28.h)
^ĞĞĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž/.
ZĞƉŽƌƚƚŽďĞƌĞǀŝĞǁĞĚĂŶĚĐŽŵŵĞŶƚĞĚƵƉŽŶďLJ W.
ƉƉĞŶĚŝdž
ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ
WĂŐĞϯŽĨϰ
^ĞĞWĂŐĞϰ
^ĞĞWĂŐĞϮ ^ĞĞWĂŐĞϮ
ΎdŚĞƐĞ
ĂĐƚŝǀŝƚŝĞƐ
ǁŝůůŽĐĐƵƌĂƐ
ƉĂƌƚŽĨƚŚĞ
DKD͘
ƉƉĞŶĚŝdž
ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ
WĂŐĞϰŽĨϰ
/ŵƉůĞŵĞŶƚĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ(CD Paragraph 30)
x WƌŝŽƌŝƚŝnjĞƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂŶĚƉĞƌŝŽĚŝĐĂůůLJĞǀĂůƵĂƚĞƉƌŝŽƌŝƚŝĞƐ
x'ĞŶĞƌĂůůLJ͕ƌĞǀŝĞǁƐĞǀĞƌŝƚLJŽĨĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐŝĚĞŶƚŝĨŝĞĚĚƵƌŝŶŐ
ŝŶƐƉĞĐƚŝŽŶƐ͕ĨƌĞƋƵĞŶĐLJĂŶĚŚŝƐƚŽƌLJŽĨĐĂƉĂĐŝƚLJͲƌĞůĂƚĞĚ^^KƐ͕ƉŝƉĞƐŝnjĞ͕ĂŐĞ
ĂŶĚŵĂƚĞƌŝĂů͕ŵĂŝŶƚĞŶĂŶĐĞŚŝƐƚŽƌLJ͕ƌĞůĂƚŝŽŶƐŚŝƉŽĨĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚ
ĂƌĞĂƐŽĨƚŚĞtd^ƚŽŐƌŽǁƚŚͲƌĞůĂƚĞĚŝŵƉƌŽǀĞŵĞŶƚƐĂŶĚͬŽƌĐŽŶĚŝƚŝŽŶͲ
ƌĞůĂƚĞĚŝŵƉƌŽǀĞŵĞŶƚƐ͕ƉƌĂĐƚŝĐĂůƉůĂŶŶŝŶŐĐŽŶƐŝĚĞƌĂƚŝŽŶƐĂŶĚŽƚŚĞƌ
ĐƌŝƚĞƌŝĂĚĞƚĞƌŵŝŶĞĚƚŽďĞĂƉƉƌŽƉƌŝĂƚĞďLJŽƌƉƵƐŚƌŝƐƚŝ͘
xŽŽƌĚŝŶĂƚĞǁŝƚŚĐŽŶĚŝƚŝŽŶƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂƐŶĞĞĚĞĚ
xůůŽĐĂƚĞďƵĚŐĞƚ
xĞƐŝŐŶĂƐŶĞĞĚĞĚ
x/ŵƉůĞŵĞŶƚƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐ
ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ
(CD Paragraph 29)
x ^ĞĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ
dĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž:
x WůĂŶƌĞǀŝĞǁĞĚĂŶĚĂƉƉƌŽǀĞĚďLJ W͘
^ĞĞWĂŐĞϯ
ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ
ƐƌĞƋƵŝƌĞĚďLJWĂƌĂŐƌĂƉŚϮϴ͘ŝ͕ƚŚĞŝƚLJƐŚĂůůĐŽŵƉůĞƚĞĂŶĂŶĂůLJƐŝƐŽĨƚŚĞĂǀĂŝůĂďůĞƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐƚŽĂĚĚƌĞƐƐsĞƌŝĨŝĞĚĂƉĂĐŝƚLJ
ŽŶƐƚƌĂŝŶƚƐ͘ƐƉĂƌƚŽĨƚŚŝƐƉƌŽĐĞƐƐ͕ƚŚĞŝƚLJƐŚĂůů͗
xhƚŝůŝnjĞĞdžŝƐƚŝŶŐĚĂƚĂĂŶĚĐŽůůĞĐƚĂŶLJŶĞĐĞƐƐĂƌLJĂĚĚŝƚŝŽŶĂůĨŝĞůĚĚĂƚĂƐƵĐŚĂƐ͗
x^ŵŽŬĞƚĞƐƚŝŶŐ
xLJĞƚĞƐƚŝŶŐ
x&ůŽǁŵĞƚĞƌŝŶŐ
xds
x^ƵƌǀĞLJŝŶĨŽƌŵĂƚŝŽŶ
xDĂŶŚŽůĞŝŶƐƉĞĐƚŝŽŶĚĂƚĂ
xKƚŚĞƌĚĂƚĂĂƐŶĞĞĚĞĚ
xhƐĞĞŶŐŝŶĞĞƌŝŶŐĂŶĂůLJƐŝƐƚŽĚĞƚĞƌŵŝŶĞǁŚŝĐŚƐŽůƵƚŝŽŶŝƐŵŽƐƚůŝŬĞůLJƚŽƌĞƐŽůǀĞƚŚĞĐŽŶƐƚƌĂŝŶƚĂƚƚŚĞůŽǁĞƐƚƉŽƐƐŝďůĞĐŽƐƚ
ĐŽŶƐŝĚĞƌŝŶŐďŽƚŚůŽŶŐͲƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞĂŶĚůŝĨĞͲĐLJĐůĞĐŽƐƚ͘WŽƐƐŝďůĞŵĞĂƐƵƌĞƐŝŶĐůƵĚĞ͗;ϭͿƌĞͲƌŽƵƚŝŶŐĂƉŽƌƚŝŽŶŽĨƵƉƐƚƌĞĂŵ
ǁĂƐƚĞǁĂƚĞƌĨůŽǁƐ͕;ϮͿZĞĚƵĐŝŶŐĨůŽǁƐĞŶƚĞƌŝŶŐƚŚĞtd^ĨƌŽŵĐƵƐƚŽŵĞƌƐ͕;ϯͿƌĞĚƵĐŝŶŐŝŶĨůŽǁ͕;ϰͿƌĞĚƵĐŝŶŐŝŶĨŝůƚƌĂƚŝŽŶ͕;ϱͿ
/ŶĐƌĞĂƐĞĐŽŶǀĞLJĂŶĐĞĐĂƉĂĐŝƚLJŽĨtd^͕;ϲͿďƵŝůĚŝŶŐƵƉƐƚƌĞĂŵĨůŽǁĚĞƚĞŶƚŝŽŶĨĂĐŝůŝƚŝĞƐ͕;ϳͿĐŽŶƚŝŶƵĞĚŵŽŶŝƚŽƌŝŶŐ͕Žƌ;ϴͿŽƚŚĞƌ
ĞŶŐŝŶĞĞƌŝŶŐƐŽůƵƚŝŽŶƐ͘
xƉƉůLJƚŚĞĚĞƐŝŐŶparametersĂŶĚd YƌĞƋƵŝƌĞĚŐƌŽǁƚŚƉƌŽũĞĐƚŝŽŶƚŽĚĞƚĞƌŵŝŶĞĂƉƉƌŽƉƌŝĂƚĞƉŝƉĞƐŝnjŝŶŐ͕ĂƐŶĞĞĚĞĚ͘
x&ŽƌĐŽŶǀĞLJĂŶĚƚƌĞĂƚƉƌŽũĞĐƚƐ͕ƚŚĞŝƚLJƐŚĂůůĞǀĂůƵĂƚĞƉŽƚĞŶƚŝĂůĚŽǁŶƐƚƌĞĂŵŝŵƉĂĐƚƐŝŶĐůƵĚŝŶŐƚŚĞĂďŝůŝƚLJŽĨƚŚĞttdWƚŽ
ŚĂŶĚůĞƚŚĞĨůŽǁ͘
Appendix E
Condition Assessment and
Remedial Measures Approach
$SSHQGL[(
&RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK
ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐĨŽƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐĂŶĚDĂŶŚŽůĞƐ
^ĞĐƚŝŽŶs͕͘WĂƌĂŐƌĂƉŚƐϭϴͲϮϳ
/ŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ
WĂƌĂŐƌĂƉŚϮϱͲϮϲ
ZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ
WĂƌĂŐƌĂƉŚϮϯ
WĂŐĞϭŽĨϰ
DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ
;DKDͿΎ
/ŶƐƉĞĐƚŝŽŶĂŶĚƐƐĞƐƐŵĞŶƚ
WĂƌĂŐƌĂƉŚϭϵ
DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐ
;DKDͿΎ
WĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ
WĂƌĂŐƌĂƉŚϮϳ
ĞŐŝŶŶŝŶŐŽŶŽƌďĞĨŽƌĞϰLJĞĂƌƐĂĨƚĞƌ
ĨĨĞĐƚŝǀĞĂƚĞ
^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ
;>ĞƐƐƚŚĂŶϮϰΗŝĂŵĞƚĞƌͿ
>ĂƌŐĞŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ
;'ƌĞĂƚĞƌƚŚĂŶŽƌĞƋƵĂůƚŽϮϰΗŝĂŵĞƚĞƌͿDĂŶŚŽůĞƐ
ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ
WĂƌĂŐƌĂƉŚϮϭ
WƌŝŽƌŝƚLJWƌŽũĞĐƚƐWƌŽŐƌĂŵ
WĂƌĂŐƌĂƉŚϮϬ
ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ
WĂƌĂŐƌĂƉŚϮϰ
ƵĞϱ͘ϱLJĞĂƌƐĨƌŽŵ ĨĨĞĐƚŝǀĞĂƚĞ
dŚŝƐĂƉƉĞŶĚŝdžŝƐŵĞĂŶƚƚŽŝůůƵƐƚƌĂƚĞƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞ;͟͞Ϳ͘^ŝŐŶŝĨŝĐĂŶƚĞƚĂŝůĞdžŝƐƚƐ
ŝŶƚŚĞƚŚĂƚŝƐŶŽƚŝŶƚŚŝƐƉƉĞŶĚŝdž͘dŽƚŚĞĞdžƚĞŶƚƚŚĂƚƚŚŝƐƉƉĞŶĚŝdžĂŶĚƚŚĞĂƌĞŝŶĐŽŶƐŝƐƚĞŶƚ͕ƚŚĞĐŽŶƚƌŽůƐ͘
ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ
ƉĂƌƚŽĨƚŚĞDKD͘
$SSHQGL[(
&RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK
WůĂŶ͕^ĐŚĞĚƵůĞ͕ĂŶĚŽŶĚƵĐƚ^LJƐƚĞŵtŝĚĞ/ŶƐƉĞĐƚŝŽŶĐƚŝǀŝƚŝĞƐ
^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ;>ĞƐƐƚŚĂŶϮϰΗŝĂŵĞƚĞƌͿ
WĂƌĂŐƌĂƉŚƐϭϵ͘ĂĂŶĚϭϵ͘Ă͘ŝŝ
/ŶƐƉĞĐƚŝŽŶŵĞƚŚŽĚƐ
x&ŽƌŶŽŶͲWsƉŝƉĞƐĂƐĚĞƐĐƌŝďĞĚŝŶWĂƌĂŐƌĂƉŚϭϵ͘Ă͘ŝŝ͘ϭ͘ĂŶĚ
ŶŽŶͲWsƉŝƉĞƐŝŶƚŚĞWĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ
^ƵďĚŝǀŝƐŝŽŶƐŝŶƐƚĂůůĞĚďĞĨŽƌĞϭϵϳϰĂƐĚĞƐĐƌŝďĞĚŝŶ
WĂƌĂŐƌĂƉŚϭϵ͘Ă͘ŝŝ͘Ϯ͗
xds
x &ŽƌƉĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵƉŝƉĞŝŶƐƚĂůůĞĚďĞƚǁĞĞŶ
ϭϵϳϰĂŶĚϭϵϴϮͿ͗
x &ŽƌƌĞŵĂŝŶŝŶŐƉŝƉĞƐ͕ŝŶĐůƵĚŝŶŐWsĂŶĚWĞƌĨŽƌŵŝŶŐƐƐĞƚƐ
WƌŽŐƌĂŵƉŝƉĞƐŝŶƐƚĂůůĞĚďĞƚǁĞĞŶϭϵϴϯĂŶĚthe date ten
years prior to the Effective Date͗
x ds͕Žƌ
x ƐĞǁĞƌĐůĞĂŶŝŶŐĨŝŶĚŝŶŐƐ͖Žƌ
x ƉŽůĞĐĂŵĞƌĂŝŶƐƉĞĐƚŝŽŶƐ͖Žƌ
x ŵĞĐŚĂŶŝĐĂůƉƌŽŽĨŝŶŐ͖Žƌ
x ƐŵŽŬĞƚĞƐƚŝŶŐ͖Žƌ
x ĚLJĞƚĞƐƚŝŶŐ͖Žƌ
x ŽƚŚĞƌƚĞĐŚŶŝƋƵĞƐĂƐƚŚĞLJďĞĐŽŵĞĂǀĂŝůĂďůĞĐŽŵŵŽŶůLJ
ƵƚŝůŝnjĞĚďLJŽƚŚĞƌƐĞǁĞƌŵĂŶĂŐĞŵĞŶƚĂŐĞŶĐŝĞƐ͘
WƌŝŽƌŝƚŝnjĞƉŝƉĞƐĨŽƌŝŶƐƉĞĐƚŝŽŶ
x WƌŝŽƌŝƚŝnjĞƉŝƉĞƐƉĞƌƚŚĞWƌŝŽƌŝƚŝnjĂƚŝŽŶƉƉƌŽĂĐŚƉƉĞŶĚŝdžC
x ĚĚŝƚŝŽŶĂůŝŶƐƉĞĐƚŝŽŶƐĂƐŶĞĞĚĞĚĨŽƌŝŶǀĞƐƚŝŐĂƚŝŽŶƐ
^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ
x 'ĞŶĞƌĂůůLJ͕ƐĐŚĞĚƵůĞŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐŝŶĐŽŶũƵŶĐƚŝŽŶ
ǁŝƚŚƐŵĂůůĚŝĂŵĞƚĞƌŐƌĂǀŝƚLJƐĞǁĞƌŵĂŝŶĐůĞĂŶŝŶŐ
>ĂƌŐĞŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ
;'ƌĞĂƚĞƌƚŚĂŶŽƌĞƋƵĂůƚŽϮϰΗŝĂŵĞƚĞƌͿ
WĂƌĂŐƌĂƉŚƐ17, ϭϵ͘ĂĂŶĚϭϵ͘Ă͘ŝ
/ŶƐƉĞĐƚŝŽŶŵĞƚŚŽĚ
x&ŽƌĂůůƉŝƉĞƐƌĞĨĞƌƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞ
ǁŝƚŚWĂƌĂŐƌĂƉŚϭ7͗
x ds͖Žƌ
x ŽƚŚĞƌĨƵůůůĞŶŐƚŚŝŶƚĞƌŶĂůǀŝƐƵĂů
ŝŶƐƉĞĐƚŝŽŶ͘
x&ŽƌĂůůŽƚŚĞƌƉŝƉĞƐ (CD Paragraph 19)͗
xds͖Žƌ
x^ŽŶĂƌ͖Žƌ
xϯϲϬͲĚĞŐƌĞĞǀŝĚĞŽ͖Žƌ
xůĂƐĞƌŝŵĂŐŝŶŐ͖Žƌ
xǀŝƐƵĂůŝŶƐƉĞĐƚŝŽŶ͖Žƌ
xƉŚLJƐŝĐĂůĞŶƚƌLJ͖Žƌ
xŽƚŚĞƌƚĞĐŚŶŝƋƵĞƐĂƐƚŚĞLJďĞĐŽŵĞ
ĂǀĂŝůĂďůĞĐŽŵŵŽŶůLJƵƚŝůŝnjĞĚďLJ
ŽƚŚĞƌƐĞǁĞƌŵĂŶĂŐĞŵĞŶƚ
ĂŐĞŶĐŝĞƐ͘
WƌŝŽƌŝƚŝnjĞƉŝƉĞƐĨŽƌŝŶƐƉĞĐƚŝŽŶ
x WƌŝŽƌŝƚŝnjĞƉŝƉĞƐƉĞƌƚŚĞWƌŝŽƌŝƚŝnjĂƚŝŽŶ
ƉƉƌŽĂĐŚƉƉĞŶĚŝdžC͘
x ĚĚŝƚŝŽŶĂůŝŶƐƉĞĐƚŝŽŶƐĂƐŶĞĞĚĞĚĨŽƌ
ŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͘
^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ
DĂŶŚŽůĞƐ
WĂƌĂŐƌĂƉŚϭϵ͘ď
/ŶƐƉĞĐƚŝŽŶDĞƚŚŽĚƐ
xsŝƐƵĂů
^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚ
ŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ
x/ŶƐƉĞĐƚŝŽŶƐŽĨ
ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚ
ǁŝƚŚ^ŵĂůůŝĂŵĞƚĞƌ
'ƌĂǀŝƚLJ>ŝŶĞƐDĂŝŶƐ
ƐŚĂůůŐĞŶĞƌĂůůLJďĞ
ĐŽŶĚƵĐƚĞĚŽŶƚŚĞ
ƐĂŵĞƐĐŚĞĚƵůĞƵƐĞĚ
ĨŽƌƚŚĞŝŶƐƉĞĐƚŝŽŶŽĨ
ƚŚĞĂƐƐŽĐŝĂƚĞĚ'ƌĂǀŝƚLJ
^ĞǁĞƌDĂŝŶ͕Žƌ
ƐŽŽŶĞƌ͘
x/ŶƐƉĞĐƚŝŽŶƐŽĨ
ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚ
ǁŝƚŚ>ĂƌŐĞŝĂŵĞƚĞƌ
'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ
ƐŚĂůůŐĞŶĞƌĂůůLJďĞ
ĐŽŵƉůĞƚĞĚǁŝƚŚŝŶĨŽƵƌ
;ϰͿLJĞĂƌƐŽĨƚŚĞ
ĨĨĞĐƚŝǀĞĂƚĞ͘
^ĞĞWĂŐĞϯ
'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ
dŚĞŝƚLJƐŚĂůůƉĞƌĨŽƌŵĂƐƐĞƐƐŵĞŶƚƐŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚŝƐĞĐƌĞĞ͕ĂŶĚƵƐŝŶŐƚŚĞ
ĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐ͗
ϭ͘WƌŝŽƌŝƚŝnjĞƚŚĞƌĞǀŝĞǁŽĨŝŶƐƉĞĐƚŝŽŶĚĂƚĂďĂƐĞĚŽŶƚŚĞƐĞǀĞƌŝƚLJŽĨĨŝŶĚŝŶŐƐ͘&Žƌ džĂŵƉůĞ͕ƉƌŝŽƌŝƚŝnjĞƌĞǀŝĞǁŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐƵƐŝŶŐ
WWYƵŝĐŬZĂƚŝŶŐƐ͘/ŶŐĞŶĞƌĂů͕ƌĞǀŝĞǁƉŝƉĞƐǁŝƚŚŐƌĂĚĞϱĂŶĚϰĚĞĨĞĐƚƐĨŝƌƐƚ͕ĨŽůůŽǁĞĚďLJƉŝƉĞƐǁŝƚŚŐƌĂĚĞϯ͕Ϯ͕ŽƌϭĚĞĨĞĐƚƐ͘
Ϯ͘ĂƚĞŐŽƌŝnjĞĂůůŝŶƐƉĞĐƚĞĚ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐƵƐŝŶŐƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͗
xWĞƌĨŽƌŵĂŶĂůLJƐŝƐŽŶŝŶƐƉĞĐƚŝŽŶĚĂƚĂĂŶĚĐŽŶƐŝĚĞƌĂƉƉƌŽƉƌŝĂƚĞĐƌŝƚĞƌŝĂǁŚŝĐŚŵĂLJŝŶĐůƵĚĞĨĂĐƚŽƌƐƐƵĐŚĂƐƚŚĞĨŽůůŽǁŝŶŐ͗
xdLJƉĞĂŶĚƐĞǀĞƌŝƚLJŽĨƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͕ůŽŶŐͲƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽĨĂƐƐĞƚ͕ƚŚĞůŝĨĞͲĐLJĐůĞĐŽƐƚ͕ĂŶĚĐŽŶƐĞƋƵĞŶĐĞŽĨĨĂŝůƵƌĞ
x,ŝƐƚŽƌŝĐĂůŽƉĞƌĂƚŝŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞĚĂƚĂ͗ŽǀĞƌĨůŽǁƐ͕ŝŶƐƉĞĐƚŝŽŶƐ͕ĐůĞĂŶŝŶŐĨŝŶĚŝŶŐƐ͕ĐůĞĂŶŝŶŐĨƌĞƋƵĞŶĐLJ͕ƉƌĞǀŝŽƵƐ
ƌĞŵĞĚŝĂƚŝŽŶ͕ĐƵƐƚŽŵĞƌĐŽŵƉůĂŝŶƚƐ͕ĂŶĚŽƚŚĞƌƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐĨŽƌĞĂĐŚŝŶĚŝǀŝĚƵĂůĂƐƐĞƚ
x^ŝƚĞĐŽŶĚŝƚŝŽŶƐ͗WƌŽƉĞƌƚLJƌŝŐŚƚƐ͕ĂĐĐĞƐƐĨŽƌŵĂŝŶƚĞŶĂŶĐĞĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶ͕ĚĞƉƚŚ͕ƐŽŝůƚLJƉĞ͕ĞŶǀŝƌŽŶŵĞŶƚĂůƐĞŶƐŝƚŝǀŝƚLJ͕
ƐƵƌĨĂĐĞƌĞƐƚŽƌĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚŽƚŚĞƌƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐĨŽƌĞĂĐŚŝŶĚŝǀŝĚƵĂůĂƐƐĞƚ
ĂƚĞŐŽƌLJ džĂŵƉůĞ^ƚƌƵĐƚƵƌĂůŽŶĚŝƚŝŽŶƐ >ŝŬĞůLJKƵƚĐŽŵĞ
ͲsĞƌLJWŽŽƌ
ŽŶĚŝƚŝŽŶ ^ƚƌƵĐƚƵƌĂůĐŽůůĂƉƐĞ͕ǁŚŝĐŚŚĂƐŽƌĐŽƵůĚůŝŬĞůLJĐĂƵƐĞ^^K͖ŽƌĐŽůůĂƉƐĞŝŵŵŝŶĞŶƚ ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ
ͲWŽŽƌ
ŽŶĚŝƚŝŽŶ
^ŝŐŶŝĨŝĐĂŶƚŵŝƐƐŝŶŐŵĂƚĞƌŝĂůŽƌďƌŽŬĞŶŵĂƚĞƌŝĂů͕ƐĞǀĞƌĞĐŽƌƌŽƐŝ ŽŶǁŝƚŚĞdžƉŽƐĞĚƉŝƉĞǁĂůů
ƌĞŝŶĨŽƌĐĞŵĞŶƚ͕ŽƌƉŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶŐƌĞĂƚĞƌƚŚĂŶ ϮϱйĨƌŽŵƐƚƌƵĐƚƵƌĂůĚĞƚĞƌŝŽƌĂƚŝŽŶ
ĐŽŵďŝŶĞĚǁŝƚŚŚŝŶŐĞĨƌĂĐƚƵƌĞƐ͘
ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ
Ͳ&Ăŝƌ
ŽŶĚŝƚŝŽŶ
WŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶůĞƐƐƚŚĂŶϮϱйĨƌŽŵƐƚƌƵĐƚƵƌĂůĚĞƚĞƌŝŽƌĂƚŝŽŶĐŽŵďŝŶĞĚǁŝƚŚŚŝŶŐĞĐƌĂĐŬƐ͕
ĚŝƐƉůĂĐĞĚĨƌĂĐƚƵƌĞƐ͕ŽƌŵŽĚĞƌĂƚĞĐŽƌƌŽƐŝŽŶͲďƵƚŶŽƉŝƉĞǁĂůůƌĞŝŶĨŽƌĐĞŵĞŶƚǀŝƐŝďůĞ͘
DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐŽƌ
DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ
ƵŶĚĞƌDKD
Ͳ'ŽŽĚ
ŽŶĚŝƚŝŽŶ
WŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶĨƌŽŵĐŽŶƐƚƌƵĐƚŝŽŶŝŵƉĂĐƚƐŽƌůĞƐƐƚŚĂŶϭϬйŽĨĚŝĂŵĞƚĞƌĨƌŽŵƐƚƌƵĐƚƵƌĂů
ĚĞƚĞƌŝŽƌĂƚŝŽŶ͕ŵŝŶŽƌĐŽƌƌŽƐŝŽŶ͕ƐůŝŐŚƚůLJŽƉĞŶŶŽŶͲĚŝƐƉůĂĐĞĚĨƌĂ ĐƚƵƌĞƐ͕ŽƌŽƚŚĞƌŵŽĚĞƌĂƚĞ
ŵĂƚĞƌŝĂůĚĞŐƌĂĚĂƚŝŽŶ͘
DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ
ƵŶĚĞƌDKD
ͲsĞƌLJ'ŽŽĚ
ŽŶĚŝƚŝŽŶ DŝůĚĚĞĨĞĐƚƐǁŚŝĐŚŵĂLJŝŶĐůƵĚĞƚŝŐŚƚŶŽŶͲĚŝƐƉůĂĐĞĚĐƌĂĐŬƐŽƌŽƚŚĞƌŵŝůĚŵĂƚĞƌŝĂůĚĞŐƌĂĚĂƚŝŽŶ͘DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ
ƵŶĚĞƌDKD
WĂŐĞϮŽĨϰ
•CCTV or pole camera
$SSHQGL[(
&RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK
WĂŐĞϯŽĨϰ
^ĞĞWĂŐĞϮ
DĂŶŚŽůĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ
dŚĞŝƚLJƐŚĂůůƉĞƌĨŽƌŵĂƐƐĞƐƐŵĞŶƚƐŽĨŵĂŶŚŽůĞƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚŝƐĞĐƌĞĞ͕ĂŶĚƵƐŝŶŐƚŚĞ
ĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐ͗
xWƌŝŽƌŝƚŝnjĞƚŚĞƌĞǀŝĞǁŽĨŝŶƐƉĞĐƚŝŽŶĚĂƚĂďĂƐĞĚŽŶƚŚĞƐĞǀĞƌŝƚLJŽĨĨŝŶĚŝŶŐƐ͘&ŽƌĞdžĂŵƉůĞ͕ƉƌŝŽƌŝƚŝnjĞƌĞǀŝĞǁŽĨŵĂŶŚŽůĞ
ŝŶƐƉĞĐƚŝŽŶƐƵƐŝŶŐƚŚĞǁŽƌƐƚĚĞĨĞĐƚ;ƐͿĂŶĚŝƚƐůŽĐĂƚŝŽŶ͘dŚŽƐĞŵĂŶŚŽůĞƐǁŝƚŚĚĞĨĞĐƚƐǁŚŝĐŚǁŽƵůĚƌĞƐƵůƚŝŶĂ
ĐĂƚĞŐŽƌŝnjĂƚŝŽŶŽĨŽƌ ǁŽƵůĚďĞƌĞǀŝĞǁĞĚĨŝƌƐƚ͕ĨŽůůŽǁĞĚďLJƚŚŽƐĞŵĂŶŚŽůĞƐǁŝƚŚĚĞĨĞĐƚƐǁŚŝĐŚǁŽƵůĚƌĞƐƵůƚŝŶ
ŵĂŶŚŽůĞĐĂƚĞŐŽƌŝnjĂƚŝŽŶƐŽĨ͕ Žƌ͘
xDĂŶŚŽůĞ/ͬ/ŽďƐĞƌǀĂƚŝŽŶƐǁŝůůďĞĐŽŶƐŝĚĞƌĞĚŝŶƚŚĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐƉƌŽĐĞƐƐŝĚĞŶƚŝĨŝĞĚ
ŝŶWĂƌĂŐƌĂƉŚϮϴ͘ŝŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞĂŶĚƚŚĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐďŽdžŝŶƉƉĞŶĚŝdžD
;ƐĞĞƉĂŐĞϰŽĨϰͿĨŽƌĐŽŶĨŝƌŵĞĚĐĂƉĂĐŝƚLJĐŽŶƐƚƌĂŝŶƚƐƚŚĂƚŵĂLJďĞĐĂŶĚŝĚĂƚĞƐĨŽƌĂŶŝŶĨůŽǁĂŶĚͬŽƌŝŶĨŝůƚƌĂƚŝŽŶƌĞĚƵĐƚŝŽŶ
ƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƉƌŽũĞĐƚ͘
xĂƚĞŐŽƌŝnjĞĂůůŝŶƐƉĞĐƚĞĚ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŶŚŽůĞƐƵƐŝŶŐƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͗
^ĞĞWĂŐĞϰ
ĂƚĞŐŽƌLJ džĂŵƉůĞ^ƚƌƵĐƚƵƌĂůŽŶĚŝƚŝŽŶƐ >ŝŬĞůLJKƵƚĐŽŵĞ
ͲsĞƌLJWŽŽƌ
ŽŶĚŝƚŝŽŶ
DĂŶŚŽůĞĐŽůůĂƉƐĞŽƌĐŽůůĂƉƐĞŝŵŵŝŶĞŶƚ͕ŽƌŽƚŚĞƌƐŝŐŶŝĨŝĐĂŶƚĚĞĨĞĐƚƚŚĂƚŚĂƐĐĂƵƐĞĚŽƌĐŽƵůĚůŝŬĞůLJ
ĐĂƵƐĞĂŶ^^K͘^ƵĐŚƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĚŝĐĂƚŝŶŐƉŽƚĞŶƚŝĂůƐƚƌƵĐƚƵƌĂůĨĂŝůƵƌĞŵĂLJŝŶĐůƵĚĞ͗ŵŝƐƐŝŶŐ
ďƌŝĐŬƐ͕ĐĂƐƚŝŶŐĨĂŝůƵƌĞ͕ƐĞǀĞƌĞĐŽƌƌŽƐŝŽŶŝŶƚŚĞǁĂůůĂŶĚͬŽƌďĂƐĞĂŶĚďƌŽŬĞŶͬŵŝƐƐŝŶŐĐŽǀĞƌĂŶĚĨƌĂŵĞ͘
ůƚĞƌŶĂƚŝǀĞƐ
ŶĂůLJƐŝƐ
ͲWŽŽƌ
ŽŶĚŝƚŝŽŶ
^ĞǀĞƌĞĐŽƌƌŽƐŝŽŶ͕ůĂƌŐĞŽƉĞŶĐƌĂĐŬƐ͕ĂŶĚƐŝŐŶŝĨŝĐĂŶƚŵŝƐƐŝŶŐďƌŝĐŬƐŽƌďƌŽŬĞŶǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕ĐŽǀĞƌƐ͕
ĨƌĂŵĞƐ͕ŽƌŽƚŚĞƌƐŝŐŶŝĨŝĐĂŶƚĚĞĨĞĐƚƚŚĂƚŚĂƐĐĂƵƐĞĚŽƌĐŽƵůĚůŝ ŬĞůLJĐĂƵƐĞĂŶ^^K^ƵĐŚƐƚƌƵĐƚƵƌĂů
ĚĞĨĞĐƚƐŵĂLJŝŶĐůƵĚĞ͗ŽŶĞŽƌŵŽƌĞůĂƌŐĞ͕ŽƉĞŶĐƌĂĐŬƐ͕ƐĞƉĂƌĂƚĞĚĐĂƐƚŝŶŐ͕ĂĚũƵƐƚŵĞŶƚĨĂŝůƵƌĞƐŝŐŶŝĨŝĐĂŶƚ
ĚĂŵĂŐĞĚĐŽǀĞƌĂŶĚĨƌĂŵĞ͕ƐŝŐŶŝĨŝĐĂŶƚĐŽƌƌŽƐŝŽŶŽĨŵĞƚĂůƐƵƌĨĂĐĞƐ͕ƐŝŐŶŝĨŝĐĂŶƚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨ
ĐŽŶĐƌĞƚĞŵŽƌƚĂƌďĞƚǁĞĞŶďƌŝĐŬƐ͕ĂŶĚƐŝŐŶŝĨŝĐĂŶƚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨƉƌĞĐĂƐƚǁĂůůƐĞĐƚŝŽŶƐĂŶĚƉƌĞĐĂƐƚ
ũŽŝŶƚĚĞĨĞĐƚƐ͘
ůƚĞƌŶĂƚŝǀĞƐ
ŶĂůLJƐŝƐ
Ͳ&Ăŝƌ
ŽŶĚŝƚŝŽŶ
DŽĚĞƌĂƚĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĐůƵĚŝŶŐŵŽĚĞƌĂƚĞĐƌĂĐŬƐ͕ĐŽƌƌŽƐŝŽŶ͕ĂŶĚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕
ĐŽǀĞƌƐ͕ĂŶĚĨƌĂŵĞƐ͘^ƵĐŚĚĞĨĞĐƚƐŵĂLJŝŶĐůƵĚĞƚǁŽŽƌŵŽƌĞĐůŽƐĞĚ ĐƌĂĐŬƐ͕ůŽŽƐĞĐĂƐƚŝŶŐ͕ůŽŽƐĞďƌŝĐŬƐ͕
ŵŽĚĞƌĂƚĞĐŽƌƌŽƐŝŽŶŽĨŵĞƚĂůƐƵƌĨĂĐĞƐ͕ĂŶĚŵŽĚĞƌĂƚĞĚĞƚĞƌŝŽƌĂƚŝŽ ŶŽĨĐŽŶĐƌĞƚĞŵŽƌƚĂƌďĞƚǁĞĞŶďƌŝĐŬƐ͘
DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐ
ƵŶĚĞƌDKD
Ͳ'ŽŽĚ
ŽŶĚŝƚŝŽŶ
DŝŶŽƌƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĐůƵĚŝŶŐƐŵĂůůĐƌĂĐŬƐ͕ŵŝŶŽƌĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕ĐŽǀĞƌƐ͕ĂŶĚ
ĨƌĂŵĞƐ͘EŽŵŽĚĞƌĂƚĞŽƌƐĞǀĞƌĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͘^ŝŶŐůĞĐůŽƐĞĚĐƌĂĐŬ͕ŵŝŶŽƌĨƌĂŵĞͬĐŽǀĞƌĚĞĨĞĐƚƐ͕
ŵŝŶŽƌŵĂŶŚŽůĞĐŽƌƌŽƐŝŽŶ͘
DĂŝŶƚĞŶĂŶĐĞ
ŶĂůLJƐŝƐƵŶĚĞƌ
DKD
ͲsĞƌLJ'ŽŽĚ
ŽŶĚŝƚŝŽŶ
EŽĚĞĨĞĐƚƐŽƌĐŽƐŵĞƚŝĐĚĞĨĞĐƚƐƐƵĐŚĂƐŶŽŶͲĚŝƐƉůĂĐĞĚĐƌĂĐŬƐ͘ŵĂŶŚŽůĞǁŝƚŚŶŽŵŝŶŽƌ͕ŵŽĚĞƌĂƚĞŽƌ
ƐĞǀĞƌĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͕ŽŶůLJĐŽƐŵĞƚŝĐĚĞĨĞĐƚƐŽďƐĞƌǀĞĚ͕ŝĨĂŶLJ͘
DĂŝŶƚĞŶĂŶĐĞ
ŶĂůLJƐŝƐƵŶĚĞƌ
DKD
$SSHQGL[(
&RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK
/ŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ
WĂƌĂŐƌĂƉŚƐϮϱͲϮϲ
x/ŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů
DĞĂƐƵƌĞƐ
xŝƚLJŵĂLJŝŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶ
ZĞŵĞĚŝĂůDĞĂƐƵƌĞƐŐĞŶĞƌĂƚĞĚ
ĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚŝƐĂƉƉĞŶĚŝdžƉƌŝŽƌƚŽ
ƐƵďŵŝƚƚĂůŽĨƚŚĞŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů
DĞĂƐƵƌĞƐZĞƉŽƌƚĂŶĚƚŚŝƐǁŽƌŬƐŚĂůů
ďĞĐƌĞĚŝƚĞĚƚŽǁĂƌĚƐĐŽŵƉůŝĂŶĐĞ
ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ
WĂƌĂŐƌĂƉŚϮϯ
ŶĂůLJnjĞĂŶĚĂƐƐĞƐƐƚŚĞƚĞĐŚŶŝƋƵĞƐĂǀĂŝůĂďůĞƚŽĂĚĚƌĞƐƐĐŽŶĚŝƚŝŽŶͲƌĞůĂƚĞĚĚĞĨĞĐƚƐŝĚĞŶƚŝĨŝĞĚŝŶƚŚĞ
^ĞǁĞƌŽůůĞĐƚŝŽŶ^LJƐƚĞŵƚŚĂƚǁĞƌĞŶŽƚƌĞŵĞĚŝĂƚĞĚĂƐƉĂƌƚŽĨƚŚĞ ĂƌůLJzĞĂƌWƌŽŐƌĂŵ͘^ĞůĞĐƚ
ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐĨŽƌĂůůĂƐƐĞƚƐŝĚĞŶƚŝĨŝĞĚĂƐƌĞƋƵŝƌŝŶŐƌĞŵĞĚŝĂůĂĐƚŝŽŶďĂƐĞĚƵƉŽŶ
ĐƌŝƚĞƌŝĂŝŶĐůƵĚŝŶŐƚŚĞůŝŬĞůLJůŽŶŐͲƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚĞĂƐƐĞƚ͖ƚŚĞĐŽŶƐĞƋƵĞŶĐĞŽĨĨĂŝůƵƌĞŽĨƚŚĞ
ĂƐƐĞƚ͖ĐŽƐƚ͖ƚŚĞƚLJƉĞĂŶĚƐĞǀĞƌŝƚLJŽĨƚŚĞĚĞĨĞĐƚƐ;ƐͿ͖ƉĂƐƚƉĞƌĨŽƌŵĂŶĐĞŽĨƐŝŵŝůĂƌĂƐƐĞƚƐ͖ĂŶĚƚŚĞ
ŚŝƐƚŽƌŝĐĂůŽƉĞƌĂƚŝŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞĂƐƐĞƚ;Ğ͘Ő͘ŽǀĞƌĨůŽǁƐ͕ŝŶƐƉĞĐƚŝŽŶƐ͕ĐůĞĂŶŝŶŐĨŝŶĚŝŶŐƐ͕
ĐůĞĂŶŝŶŐĨƌĞƋƵĞŶĐLJ͕ƉƌĞǀŝŽƵƐƌĞŵĞĚŝĂƚŝŽŶ͕ĐƵƐƚŽŵĞƌĐŽŵƉůĂŝŶƚƐ͕ĂŶĚŽƚŚĞƌƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐ
ĨŽƌĞĂĐŚŝŶĚŝǀŝĚƵĂůĂƐƐĞƚͿ͘^ƵĐŚƐŽůƵƚŝŽŶƐĂŶĚƚĞĐŚŶŝƋƵĞƐŵĂLJŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͗
'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ͗
xWŽŝŶƚZĞƉĂŝƌƐ͗^ƉŽƚƌĞƉĂŝƌƐŽƌƌĞŵĞĚŝĂƚŝŽŶŽĨĂƉŽƌƚŝŽŶŽĨƚŚĞƉŝƉĞƐĞŐŵĞŶƚƵƐŝŶŐƚƌĞŶĐŚůĞƐƐŽƌ
ŽƉĞŶͲƚƌĞŶĐŚƌĞŵĞĚŝĂƚŝŽŶ͘
xWŝƉĞZĞŚĂďŝůŝƚĂƚŝŽŶ͗dƌĞŶĐŚůĞƐƐƐĞǁĞƌƌĞŵĞĚŝĂƚŝŽŶĨƌŽŵŵĂŶŚŽůĞƚŽŵĂŶŚŽůĞƐƵĐŚĂƐůŝŶŝŶŐŽƌ
ŐƌŽƵƚŝŶŐ
xWŝƉĞZĞƉůĂĐĞŵĞŶƚ͗ZĞƉůĂĐŝŶŐƚŚĞƐĞǁĞƌĨƌŽŵŵĂŶŚŽůĞƚŽŵĂŶŚŽůĞŝŶĐůƵĚŝŶŐƉŝƉĞďƵƌƐƚŝŶŐ͕
ĐƵƌĞĚͲŝŶͲƉůĂĐĞƉŝƉĞ͕ŽƌƐůŝƉͲůŝŶŝŶŐ
xKƚŚĞƌƌĞŵĞĚŝĂƚŝŽŶƚĞĐŚŶŝƋƵĞƐ;ƐƵĐŚĂƐŶĞǁƚĞĐŚŶŽůŽŐŝĞƐŽƌŵĞƚŚŽĚƐƚŚĂƚďĞĐŽŵĞĂǀĂŝůĂďůĞͿ
xDŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐŽƌDĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ;ƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚŽĨDKDͿ
DĂŶŚŽůĞƐ
xDĂŶŚŽůĞZĞƉĂŝƌŽƌZĞŚĂďŝůŝƚĂƚŝŽŶ͗WŽƵƌĞĚŝŶƉůĂĐĞůŝŶĞƌƐ͕ƵƌĞĚŝŶƉůĂĐĞůŝŶĞƌƐ͕ĞŵĞŶƚŝƚŝŽƵƐ
ĐŽĂƚŝŶŐ͕WŽůLJŵĞƌĐŽĂƚŝŶŐ͕DĞĐŚĂŶŝĐĂůƐĞĂůƐĂŶĚŝŶƐĞƌƚƌĞƉůĂĐĞŵĞŶƚ͕ZŝŶŐŽƌŽǀĞƌ
ƌĞƉůĂĐĞŵĞŶƚ͕DĂŶŚŽůĞĨƌĂŵĞĂĚũƵƐƚŵĞŶƚĂŶĚƌĞƐĞĂůŝŶŐ͕ĞŶĐŚͬWŝƉĞͬŚŝŵŶĞLJͬ:ŽŝŶƚƐĞĂůƐ
xDĂŶŚŽůĞZĞƉůĂĐĞŵĞŶƚ͗DĂŶŚŽůĞƌĞŵŽǀĞĚĂŶĚŶĞǁƐƚƌƵĐƚƵƌĞŝŶƐƚĂůůĞĚ
xKƚŚĞƌƌĞŵĞĚŝĂƚŝŽŶƚĞĐŚŶŝƋƵĞƐ;ƐƵĐŚĂƐŶĞǁƚĞĐŚŶŽůŽŐŝĞƐŽƌŵĞƚŚŽĚƐƚŚĂƚďĞĐŽŵĞĂǀĂŝůĂďůĞͿ
xDŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐŽƌDĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ;ƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚŽĨDKDͿ
DĂŝŶƚĞŶĂŶĐĞ
ŶĂůLJƐŝƐ
;DKDͿΎ
ĚũƵƐƚ
ŵĂŝŶƚĞŶĂŶĐĞ
ƚLJƉĞŽƌ
ĨƌĞƋƵĞŶĐLJĂƐ
ǁĂƌƌĂŶƚĞĚ͘
DŽŶŝƚŽƌŝŶŐ
ŶĂůLJƐŝƐ
;DKDͿΎ
hƉĚĂƚĞ
ŝŶƐƉĞĐƚŝŽŶ
ŵĞƚŚŽĚĂŶĚ
ƐĐŚĞĚƵůĞ
ŶĞdžƚ
ŝŶƐƉĞĐƚŝŽŶ
ĚĂƚĞĂƐ
ǁĂƌƌĂŶƚĞĚ͘
ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ
WĂƌĂŐƌĂƉŚϮϰ
x ^ĞĞŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž,
x ^ĐŚĞĚƵůĞĂŶĚƉƌŝŽƌŝƚŝnjĂƚŝŽŶƐƐŚĂůůďĞďĂƐĞĚŽŶ͗ƚŚĞƐĞǀĞƌŝƚLJŽĨ
ĚĞĨĞĐƚƐŝĚĞŶƚŝĨŝĞĚ͖ĨƌĞƋƵĞŶĐLJĂŶĚŚŝƐƚŽƌLJŽĨ^^KƐ͖ƉŝƉĞƐŝnjĞ͕ĂŐĞĂŶĚ
ŵĂƚĞƌŝĂů͖ŵĂŝŶƚĞŶĂŶĐĞŚŝƐƚŽƌLJ͖ĂƉƉƌŽƉƌŝĂƚĞŐƌŽƵƉŝŶŐŽĨ^ĞǁĞƌ
ŽůůĞĐƚŝŽŶ^LJƐƚĞŵĂƐƐĞƚƐĨŽƌďŝĚƉĂĐŬĂŐĞƐĂŶĚŶĞŝŐŚďŽƌŚŽŽĚ
ĚŝƐƌƵƉƚŝŽŶƌĞĚƵĐƚŝŽŶ͖ƐĐŚĞĚƵůŝŶŐƉƌĂĐƚŝĐĂůŝƚŝĞƐ͖ĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚ
ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ͖ĂŶĚŽƚŚĞƌĂƉƉƌŽƉƌŝĂƚĞĨĂĐƚŽƌƐ͘
WĂŐĞϰŽĨϰ
^ĞĞWĂŐĞϯŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ
WĂƌĂŐƌĂƉŚϮϭ
^ĞĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdžF
WĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ
WĂƌĂŐƌĂƉŚϮϳ
ĞŐŝŶŶŝŶŐŽŶŽƌďĞĨŽƌĞϰLJĞĂƌƐĂĨƚĞƌ ĨĨĞĐƚŝǀĞĂƚĞŝŵƉůĞŵĞŶƚĂƉƌŽŐƌĂŵ
ŽĨŝŶƐƉĞĐƚŝŽŶ͕ĂƐƐĞƐƐŵĞŶƚĂŶĚƌĞŵĞĚŝĂƚŝŽŶŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐĂŶĚ
ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚ^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ͕ŶŽƚ
ƐƵďũĞĐƚƚŽĞŝƚŚĞƌƚŚĞ ĂƌůLJzĞĂƌWƌŽŐƌĂŵŽƌƚŚĞŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů
DĞĂƐƵƌĞƐWůĂŶ͘
ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ
ƉĂƌƚŽĨƚŚĞDKD͘
Type
FirmCapacityinGPM(allpumpsoperating)
FirmCapacityinGPM(largestpumpoutofservice)
Inspector Date
Good Fair Poor N/A
*BuildingStructure Type:
*BuildingRoof/Ceiling ർർർർ
*BuildingFinishes ർർർർ
*BuildingDoorsandWindows ർർർർ
*BuildingHVAC Type:ർർർർ
*Fencing Type:ർർർർ
*Gates Type:ർർർർ
*Site/Grounds Size:ർർർർ
*Lighting ർർർർ
*Pavement(Driving)Type:ർർർർ
*Drainage Type:ർർർർ
*Odor Comment:ർർർർ
OdorControlSystem Type:ർർർർ
OdorControlMechanical ർർർർ
OdorControlMedia Type:ർർർർ
*Noise ർർർർ
*OverallSiteAppearance ർർർർ
Comments
BuildingandGrounds
CityofCorpusChristiͲLiftStationAssessmentForm
LiftStationName
Location/Address
LiftStationAssetID NumberofPumps
* For purposes of this Lift Station Assessment Form, unless marked with an asterisk (*), all “Poor” ratings signify defects likely to
cause or contribute to an SSO. Where an asterisk (*) is provided next to a category, a “poor” rating in that category shall not
result in evaluation under the Condition Remedial Measures Alternative Analysis of the Corpus Christi Consent Decree with the
U.S. Environmental Protection Agency and Texas Commission on Environmental Quality.
** Refer to CMOM Plan
CityofCorpusChristiͲLiftStationInspectionCheckList Page1of8
Good Fair Poor N/A
WetWell Size:
**Debris ർർർർ
**Fats,oils,andgreaseർർർർ
*Ventilation ർർർർ
Walls Material:ർർർർ
*Coatings Type:ർർർർ
*AccessHatches Number:ർർർർ
*Slab ർർർർ
DryWell/ValveVault
Walls Material:ർർർർ
*Coatings Type:ർർർർ
*Grating/Hatching Number:ർർർർ
*Stairway/Ladder Material:ർർർർ
Sump/Pump Number:ർർർർ
*Ventilation Type:ർർർർ
Comments
Good Fair Poor N/A
QuickConnect (Circle)YES / NO
PipingandValves
SuctionValve Number:ർർർർ
CheckValve Number:ർർർർ
DischargeValve Number:ർർർർ
Mechanical
Structural
CityofCorpusChristiͲLiftStationInspectionCheckList Page2of8
AttachmentA
Good Fair Poor N/A
RiserPiping Material:ർർർർ
DischargePiping Material:ർർർർ
Fittings Material:ർർർർ
Comments
Pumps
Pump1 AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Pump1
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Horsepower
Model
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
CityofCorpusChristiͲLiftStationInspectionCheckList
8/3/2018
Page3of8
Pump2AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Pump2
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Pump3 AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
Model
Horsepower
Model
Horsepower
CityofCorpusChristiͲLiftStationInspectionCheckList Page4of8
Pump3
Good Fair Poor N/A
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Pump4 AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Pump4
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
Model
Horsepower
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
CityofCorpusChristiͲLiftStationInspectionCheckList Page5of8
Pump5 AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Pump5
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Pump6 AssetID Make
CapacityGPM
ImpellerDia./Code
Good Fair Poor N/A
Pump ർർർർ
Seals ർർർർ
Motor ർർർർ
Shaft ർർർർ
ElectricalCable ർർർർ
*Noise ർർർർ
*Vibration/Heat ർർർർ
Horsepower
Model
Horsepower
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
Model
CityofCorpusChristiͲLiftStationInspectionCheckList Page6of8
Pump6
Good Fair Poor N/A
*Oil ർർർർ
Impellerർർർർ
PackingRings ർർർർ
InternalSealsർർർർ
Good Fair Poor N/A
ElectricalSystemPower Volt/Phase:
Panel/Enclosures NEMA4X YESNO ർർർർ
Transformers(AEP)ർർർർ
Disconnect Type:ർർർർ
Generator KW ർർർർ
TransferSwitch ർർർർ
ElectricalSystemControl
Breakers Type:ർർർർ
Speedcontrol/VFD Type:ർർർർ
Starters Type:ർർർർ
ControlRelays Type:ർർർർ
Comments
Good Fair Poor N/A
Panel NEMA4X YESNO ർർർർ
Instrumentation
Level Type:ർർർർ
Flow Type:ർർർർ
Thefollowingcomponentsaretobeinspectedduringpumpdisassembly
Instrumentation/SCADA
ElectricalSystem
CityofCorpusChristiͲLiftStationInspectionCheckList Page7of8
Good Fair Poor N/A
PLC Type:ർർർർ
SCADA ർർർർ
RTU Type:ർർർർ
Radio/Antenna Type:ർർർർ
Comments
Instrumentation/SCADA(continued)
CityofCorpusChristiͲLiftStationInspectionCheckList Page8of8
Appendix F
Condition Assessment Report Template
Appendix F
Condition Assessment Report Template
Page 1 of 8
I. Cover
II. Certification Declaration
[Required certification, with language specified by the Consent Decree, signed
by a responsible official of the City]
III. Table of Contents
[List of sections, tables, figures and appendices included in this report]
IV. Acronyms and Abbreviations
[Definitions of abbreviations and acronyms included in this report]
V. Introduction
A. Purpose
This Report was prepared and submitted pursuant to Paragraphs 18-22 of the
Consent Decree. This report describes the results of the Condition
Assessment and Remedial Program, including assessments and Condition
Remedial Measures completed during the first four (4) years after the
Effective Date, and all activities conducted as part of the Priority Projects
during the first four (4) years after the Effective Date. This report addresses
the following Sewer Collection System assets:
a) all Gravity Sewer Mains inspected or assessed in the first four (4)
years after the Effective Date;
b) all manholes associated with Small Diameter Gravity Sewer Mains
inspected in the first four (4) years after the Effective Date;
c) all manholes associated with Large Diameter Gravity Sewer Mains;
d) all lift stations; and
e) all Force Mains in the first two (2) years after the Effective Date.
Appendix F
Condition Assessment Report Template
Page 2 of 8
VI. System-Wide Inspection Activities
A. Inspection Method Overview
[Provide a brief description of each inspection method utilized by the City; with
a reference to the Condition Assessment and Remediation Process and
Guidelines Appendix.]
B. Gravity Sewer Main Inspection Map
[Include a map showing the location of the gravity sewer main inspections,
and inspection method(s). Inspections completed since 2010 for gravity sewer
mains are included.
Appendix F
Condition Assessment Report Template
Page 3 of 8
C. Gravity Sewer Main Inspection Status
Gravity Sewer Main Inspection Progress Summary
Program4 Asset
Description
Inspection
Method
Miles of
Inspections
Required
Under
Consent
Decree1,2,3,
4
Miles
Completed
Prior to
Effective
Date1,2
Miles
Completed
since
Effective
Date1
Miles of
Inspections
Completed1,2
Cumulative
Percent (%)
Complete1
Priority
Projects/
Condition
Assessment
Small
Diameter
Gravity
Sewer –
Non-PVC
(See
Paragraph
19.a.ii.2)
CCTV or EPA approved
proxy XX
Small
Diameter
Gravity
Sewer – PVC
(Non-
Performing
Program
Assets per
Paragraph
19.a.ii.4)
CCTV, Pole Camera,
Visual Inspection (Smoke
Testing, Review of Sewer
Cleaning Findings, Dye
Testing Mechanical
Proofing), or EPA
approved proxy
XX
Large
Diameter
Gravity
Sewer
CCTV, sonar, 360-degree
video, laser imaging,
visual inspection,
physical entry, other
techniques used by other
sewer agencies, or EPA
approved proxy
XX
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: Includes gravity sewer main inspections meeting the criteria of CD paragraph 19 since 2010.
Note 3: Number is fixed from the Effective Date.
Note 4: Performing Assets Program work is reported in Annual Reports
D. Manhole Inspection Map
[Include a map showing the location of the inspections. Inspections completed
since 2010 for manholes are included]
Appendix F
Condition Assessment Report Template
Page 4 of 8
E. Manhole Inspection Status
Manhole Inspection Summary
Program Inspection
Method
Manhole
Inspections
Required
Under
Consent
Decree1,2
Manholes
Inspected
Prior to
Effective Date2
Manholes
Inspected
Since Effective
Date
Total
Manhole
Inspections
Completed2
Cumulative
Percent
(%)
Complete
Condition
Assessment
Visual
Inspection –
Manholes on
Small Diameter
Gravity Sewer
(Priority
Projects
Subdivisions)
XX XX XX XX XX
Visual
Inspection –
Manholes on
Large Diameter
Gravity Sewer
(System-wide)
XX XX XX XX XX
Note 1: Number is fixed from the Effective Date.
Note 2: Includes manhole inspections since 2010 meeting the criteria of CD paragraph 19.b.
F. Lift Station Inspection Map
[Include a map showing the location of the inspections. Inspections completed
since 2015 for lift stations are included.]
Appendix F
Condition Assessment Report Template
Page 5 of 8
G. Lift Station Inspection Status
Lift Station Inspection Summary
Program Inspection
Method
Inspections
Required
Under
Consent
Decree1,2
Inspected
Prior to
Effective
Date2
Inspected
Since the
Effective
Date
Cumulative
Inspections
Completed2
Cumulative
Percent (%)
Complete
System-
wide
Condition
Assessment
Visual
(approved
check list)
XX XX XX XX XX
Note 1: Number is fixed from the Effective Date.
Note 2: Includes lift station inspections since 2015.
H. Force Main Inspection Map
[Include a map showing the location of the inspections. Inspections completed
since 2015 for force mains are included]
I. Force Main Inspection Status
Force Main Inspection Summary
Program Asset
Description
Inspection
Method
Inspections
Required
Under
Consent
Decree
(number) 1,2
Inspections
Prior to
Effective
Date2
Inspections
Completed
Since
Effective
Date
Cumulative
Inspections
Completed2
Cumulative
Percent (%)
Complete
System-
wide /
Condition
Assessment
Force Main Visual XX XX XX XX XX
Air Release
Valves Visual XX XX XX XX XX
Note 1: Number is fixed from the Effective Date.
Note 2: Includes force main inspections since 2015.
Appendix F
Condition Assessment Report Template
Page 6 of 8
VII. Categorization of Sewer Main, Manhole, Force Main, Lift Station
and Air Release Valve Condition
A. Guidelines
[Provide a brief description of the guidelines used for categorizing condition;
consistent with the Condition Assessment and Remediation Process and
Guidelines Appendix]
B. Condition Categorization Summary
Pipeline and Manhole Condition Categorization Summary
Condition Category
Small
Diameter
Gravity Sewer
Mains (Miles)1
Large Diameter
Gravity Sewer
Mains (Miles)1
Number of
Manholes
Category A – Very Good XX XX XX
Category B – Good XX XX XX
Category C – Fair Condition XX XX XX
Category D – Poor XX XX XX
Category E – Very Poor XX XX XX
Note 1: Gravity Sewer Main Segment length is included in miles.
Lift Station, Force Main and Air Release Valve Condition Categorization Summary
Condition Category Number of lift
Stations
Number of
Force Mains
Number of Air
Release Valves
Good XX XX XX
Moderate XX XX XX
Poor XX XX XX
C. Maps of Condition Categories
[Include one map for gravity sewer mains, one map for manholes, one map for
Lift Stations and one map for force mains showing the location of the assets
and the Condition Category. Maps may be combined or expanded to simplify
presentation of results.]
Appendix F
Condition Assessment Report Template
Page 7 of 8
VIII. Condition Assessment Results
A. Condition Assessment Guidelines
[Provide a brief description of the guidelines used for condition assessment
activities; consistent with the Condition Assessment and Remediation Process
and Guidelines Appendix. Provide a brief description of how the City applied
the guidelines to develop the quantities of structural defects selected for
Remedial Measures Alternative Analysis, Monitoring (CMOM) and
Maintenance Analysis (CMOM).]
B. Condition Assessment Results
Condition
Assessment Result
Small Diameter
Gravity Sewer
Mains (miles)1
Large
Diameter
Gravity Sewer
Mains (miles)1
Number
of
Manholes
Number of
Lift
Stations
Number of
Force
Mains
Number
of Air
Release
Valves
Remedial Measures
Alternatives Analysis XX XX XX XX XX XX
Monitoring Analysis
(CMOM) XX XX XX XX XX XX
Maintenance Analysis
(CMOM) XX XX XX XX XX XX
Note 1: Gravity Sewer Main Segment length is included in miles.
C. Maps of Condition Assessment Results
[Include one map for gravity sewer mains, one map for manholes, one map for
Lift Stations and one map for force mains showing the location of the assets
and the Condition Assessment Results. Maps may be combined or expanded to
simplify presentation of results.]
IX. Priority Project Condition Remedial Measures (Through 4 Years from the
Effective Date)
Priority Small Diameter Gravity Sewer Main Condition Remediation
Asset Description Completed2
Gravity Sewer Main (Miles)1 X
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Appendix F
Condition Assessment Report Template
Page 8 of 8
Priority Manhole Condition Remediation
Asset Description Completed2
Manholes (number)1 X
Note 1: Manhole remediation is reported in number of manholes completed.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Priority Force Main Condition Remediation
Asset Description Completed 2
Force Main (number) X
Air release valves (number) X
Note 1: Force Main and air release valve remediation is reported in number of completed Force Main projects
and number of air release valves.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Priority Lift Station Condition Remediation
Asset Description Completed 2
Lift Station (number)1 X
Note 1: Lift Station remediation is reported in number of completed Lift Station projects.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Appendix G
Condition Remedial Measures Plan Report Template
Appendix G
Condition Remedial Measures Plan Report Template
Page 1 of 5
I.Cover
II.Certification Declaration
[Required certification, with language specified by the Consent Decree, signed
by a responsible official of the City]
III.Table of Contents
[List of sections, tables, figures and appendices included in this report]
IV.Acronyms and Abbreviations
[Definitions of abbreviations and acronyms included in this report]
V.Introduction
A.Purpose
This Plan was prepared and submitted pursuant to Paragraph 24 of the
Consent Decree.
B.Regulatory Requirements
This Plan summarizes the Condition Remedial Measures. The City will perform
these measures, which have been prioritized and selected in accordance with
Appendix E, in order to address verified structural defects in the City WCTS
that cause or significantly contribute to Condition-related SSOs. This Plan
describes the City’s strategy to implement the selected Condition Remedial
Measures on a balanced annual basis during the remaining term of this
Consent Decree. The City has prioritized and selected these Condition
Remedial Measures based on appropriate factors reflected in Paragraph 23
and in Appendix E of the Consent Decree and in accordance with the
requirements of Paragraph 24 of the Decree. The implementation timeframes
in this Plan reflect practical planning requirements such as those stated in
Paragraph 24 of the Consent Decree.
Appendix G
Condition Remedial Measures Plan Report Template
Page 2 of 5
VI.Summary of Condition Assessment Summary Report
[Provide a brief summary of the Condition Assessment Summary Report; and
how it relates to this Plan.]
VII.Remedial Measures Alternatives Analysis
A.Guidelines for Alternatives Analysis
Planning for implementation of Condition Remedial Measures follows the
City’s completion of the Condition Remedial Measures Alternatives Analysis as
described in Paragraph 23 of the Consent Decree.
B.Remedial Measures Alternatives Analyses Results
[Provide a brief description of the guidelines used for performing Alternatives
Analysis; consistent with Condition Assessment and Remediation Process and
Guidelines Appendix. Include a description of guidelines used to select
monitoring analysis or maintenance analysis results.]
Results of Completed Remedial Measures Alternatives Analyses
Result
Miles of
Gravity
Sewer
Main1
Number
of
Manholes
Number of
Lift
Stations
Number
of Force
Mains
Number
of Air
Release
Valves
Replace2 X X X X X
Rehabilitate2 X X X X N/A
Repair2 X X X X N/A
Monitoring Analysis
(CMOM) X X X X X
Maintenance Analysis
(CMOM) X X X X X
Other (Specify) X X X X X
Totals: X X X X X
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: See below Remediation Project List for Definitions of Replace, Rehabilitate,
and Repair.
C.Maps of Alternatives Analyses Results
[Include one map for gravity sewer mains, one map for manholes, one map for
lift stations, and one map for force mains showing the location of the assets and
the Remedial Measures Alternatives Analysis Results. Maps may be combined or
expanded to simplify presentation of results.]
Appendix G
Condition Remedial Measures Plan Report Template
Page 3 of 5
VIII.Remediation Completed To Date
A.Remedial Measures Progress
[Summarize the Condition Remedial Measures that have been completed prior to
submittal of this report.]
Results of Completed Remedial Measures
Asset
Description
Remedial
Measure
Technique2
Priority Projects Other Total
Gravity Sewer
Mains (miles)1
Replace
Rehabilitate
Repair
Manholes
(number)
Replace
Rehabilitate
Repair
Lift Stations
(number)
Replace
Rehabilitate
Repair
Force Mains
(number)
Replace
Rehabilitate
Repair
Air Release
Valves
(number)
Replace
Rehabilitate
Repair
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: See below Remediation Project List for Definitions of Replace, Rehabilitate, and Repair.
B.Maps of Remedial Measures Completed
[Include a color coded map(s) for completed remediation by remediation
technique and asset type (gravity sewer mains, manholes, lift stations and force
mains).]
Appendix G
Condition Remedial Measures Plan Report Template
Page 4 of 5
IX.Remedial Measures Plan
A. Anticipated Remediation Timeframes
[Summarize target remediation quantities for completion each year.]
Asset
Description
Estimated2
Remedial
Measure
Technique
Calendar
Year X
Calendar
Year X
Calendar
Year X
… Calendar
Year 15
Total
Gravity Sewer
Mains (miles)1
Replace
Rehabilitate
Repair
Manholes
(number)
Replace
Rehabilitate
Repair
Lift Stations
(number)
Replace
Rehabilitate
Repair
Force Mains
(number)
Replace
Rehabilitate
Repair
Air Release
Valves (number)
Replace
Rehabilitate
Repair
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: For purposes of this table, the Remedial Measure Technique is estimated at the time of Plan’s
submittal but not required to be implemented as shown. The sum of the 3 techniques (total miles or
number) is required to be implemented.
Note 3: See below Remediation Project List for Definitions of Replace, Rehabilitate, and Repair.
B.Remediation Project List
[Include a brief introductory paragraph explaining that this section identifies the
prioritized projects with quantities and the anticipated completion dates for
tracking during the annual report. The City may group assets, quantities or
contracts together into projects for remedial measures plan purposes such as
defining a quantity for indefinite delivery, indefinite quantity (IDIQ) Gravity Sewer
Main remedial measures projects. ]
Appendix G
Condition Remedial Measures Plan Report Template
Priority Projects for Completion Under Condition Remediation Project List
Project Name Project Quantities
(miles or number) Completion Date
Condition Remediation Project List
Project Name Project Quantities
(miles or number) Completion Date
Definitions for Repair, Rehabilitation, Replacement
Gravity Sewers:
Repair includes, but is not limited to, spot repairs or remediation of a portion of the pipe segment
using trenchless or open-trench remediation.
Rehabilitation includes, but is not limited to, trenchless sewer remediation from manhole to
manhole such as lining or grouting.
Replacement is replacing the sewer from manhole to manhole including pipe bursting, cured-in-
place pipe, or slip-lining.
Manholes:
Repair or Rehabilitation includes poured in place liners, cured in place liners, cementitious
coating, polymer coating, mechanical seals and insert replacement, bolt replacement, ring or
cover replacement, manhole frame adjustment and resealing, bench/pipe/chimney/joint seals
Replacement is entire manhole removed and new structure installed.
Force Mains:
Repair includes, but is not limited to, repairs or replacement of a portion of the force main.
Rehabilitation includes, but is not limited to, lining the force main.
Replacement is replacing the force main.
Air Release Valves
Replacement includes replacement of air release valves.
Repair/Rehabilitation include, but are not limited to, repair/rehabilitation of individual
components of air release valves.
Lift Stations:
Repair includes, but is not limited to, repairs to existing equipment or appurtenances.
Rehabilitation includes, but is not limited to, partial replacement of equipment or appurtenances,
or rehabilitation of the structure.
Replacement includes replacement of major lift station components or the entire lift station.
Page 5 of 5
Appendix H
Capacity Assessment Report Template
Appendix H
Capacity Assessment Report Template
Page 1 of 6
I.Cover
II.Certification Declaration
[Required certification, with language specified by the Consent Decree, signed
by a responsible official of City]
III.Table of Contents
[List of sections, tables, figures and appendices included in this report]
IV.Acronyms and Abbreviations
[Definitions of abbreviations and acronyms included in this report]
V.Introduction
A.Purpose
This Report was prepared and submitted pursuant to Paragraph 28.h of the
Consent Decree.
B.Regulatory Requirements
This Report summarizes Capacity Assessment activities pursuant to Paragraph
28.a through 28.h of the Consent Decree. These Capacity Assessment
requirements include Wet Weather SSO Characterization, Hydraulic Modeling
evaluation and field investigation activities.
Appendix H
Capacity Assessment Report Template
Page 2 of 6
VI.Wet-Weather Related SSO Characterization
A.Guidelines
[Provide a brief description of the guidelines used; with a reference to the
Capacity Assessment and Remediation Process and Guidelines Appendix.
Include the range of dates for historical SSOs that this section covers. Include a
summary of the activities performed to address Category C SSOs.]
B. Wet-Weather SSO Categorization Summary
Wet Weather SSO Categorization
Category Number of SSOs
Category A – Most likely a capacity-related SSO X
Category B – Most likely maintenance-related X
Category C – Clearly not a capacity related SSO X
Total X
C.Map of Wet-Weather SSOs
[Include four (4) maps showing the location of the following:
•Categories A, B, and C Wet-Weather SSOs;
•Category A Wet-Weather SSOs only;
•Category B Wet-Weather SSOs only; and
•Category C Wet-Weather SSOs only.]
VII.System-wide Hydraulic Modeling Evaluation
A.Model Overview
[Provide a brief description of the model including software and existing
population scenario, consistent with the Capacity Assessment and
Remediation Process and Guidelines Appendix.]
Appendix H
Capacity Assessment Report Template
Page 3 of 6
B.Model Maps
[Include a map(s) showing the location of pipes in the model; scale and
number of maps to be determined to adequately show model information.]
C.Model Calibration and Updates
[Provide a summary of model updates and calibration performed after Date of
Entry of the Consent Decree (e.g. weather permitting) and prior to submittal of
the Capacity Assessment Report consistent with the Capacity Assessment and
Remediation Process and Guidelines Appendix, if any.]
D.Prioritization of Potential Capacity Constraints
[Provide a brief description of the guidelines used to prioritize potential
capacity constraints; consistent with the Capacity Assessment and
Remediation Process and Guidelines Appendix].
Potential Capacity Constraints Summary
Category Number of Potential
Capacity Constraints
Priority 1 – Category A SSO and the Hydraulic Model also predicts
a SSO
X
Priority 2 – Where Hydraulic Model predicts SSO, but with no
observed SSO. Or a Category A SSO, but Hydraulic Model does
not predict a SSO.
X
Priority 3 – Where Hydraulic Model predicts hydraulic grade line
(HGL) near ground elevation
X
Priority 4 – Category B SSO X
Priority 5 – Where pipe design capacity is exceeded for sustained
60 minutes or more but the HGL is not near the ground elevation
X
Total X
E.Map and List of Potential Capacity Constraints
[Include a map showing potential Capacity Constraints for all Priority
Categories. Include separate maps for each Priority Category 1 through 5
showing the location of Potential Capacity Constraints. Include a list of
Potential Capacity Constraints.]
Appendix H
Capacity Assessment Report Template
Page 4 of 6
VIII.Field Investigations of Potential Capacity Constraints
A.Guidelines
[Provide a brief description of the guidelines used for selecting the type of field
investigation technique for each potential capacity constraint; consistent with
Capacity Assessment and Remediation Process and Guidelines Appendix.]
B.Field Investigation Status
Completed Field Investigations
Technique1 Number of Potential Capacity Constraints
Priority 1 Priority 2 Priority 3 Priority 4 Priority 5
Flow Measurement X X X X X
Level Measurement X X X X X
Chalking X X X X X
Visual Inspection X X X X X
Other (if applicable) X X X X X
Monitor in future per
Capacity Assessment and
Remediation Process and
Guidelines Appendix
(CMOM)
X X X X X
Total X X X X X
Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The
primary technique is reported.
Appendix H
Capacity Assessment Report Template
Page 5 of 6
In-Progress Field Investigations
Technique1 Number of Potential Capacity Constraints
Priority 1 Priority 2 Priority 3 Priority 4 Priority 5
Flow Measurement X X X X X
Level Measurement X X X X X
Chalking X X X X X
Visual Inspection X X X X X
Other (if applicable) X X X X X
Total X X X X X
Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The
primary technique is reported.
C.Map of Completed Field Investigations
[Include one (1) map for each Priority Category 1 through 5 showing the
location of each field investigation by technique.]
D.Map of In-Progress Field Investigations
[Include one (1) map for each Priority Category 1 through 5 showing the
location of each field investigation by technique.]
Appendix H
Capacity Assessment Report Template
Page 6 of 6
IX.Capacity Assessment Results
A.Capacity Assessment Guidelines
[Provide a brief description of the guidelines used for assessing field
investigation results; consistent with Capacity Assessment and Remediation
Process and Guidelines Appendix.]
B.Capacity Assessment Results
Capacity Assessment Result Number of Locations
Verified Capacity Constraint Remedial Measures
Alternatives Analysis X
Monitor in the future per Capacity Assessment and
Remediation Process and Guidelines Appendix
(CMOM)
X
Not a Capacity Constraint X
Total X
C.Map and List of Capacity Assessment Results
[Include a color coded map showing the location of the Capacity Assessment
Results. Provide a list of Verified Capacity Constraint Remedial Measures
Alternatives Analysis.]
Appendix I
Capacity Remedial Measures Plan Report Template
Appendix I
Capacity Remedial Measures Plan Report Template
Page 1 of 4
I.Cover
II.Certification Declaration
[Required certification, with language specified by the Consent Decree, signed
by a responsible official of the City]
III.Table of Contents
[List of sections, tables, figures and appendices included in this report]
IV.Acronyms and Abbreviations
[Definitions of abbreviations and acronyms included in this report]
V.Introduction
A.Purpose
This Plan was prepared and submitted pursuant to Paragraph 29 of the
Consent Decree.
B.Regulatory Requirements
This Plan summarizes City recommended Capacity Remedial Measures that
have been prioritized and selected in accordance with Appendix D to address
verified Capacity Constraints in the City’s Sewer Collection System that cause
or significantly contribute to Capacity-related SSOs. This Plan describes City
plans to implement the selected Capacity Remedial Measures on a balanced
annual basis during the remaining term of this Decree. The City has
prioritized and selected these Capacity Remedial Measures based on
appropriate factors reflected in Paragraph 28.i and in Appendix D of the
Consent Decree and in accordance with the requirements of Paragraph 29 of
the Decree. The implementation time-frames in this Plan reflect practical
planning requirements such as those stated in Paragraph 30 of the Consent
Decree.
Appendix I
Capacity Remedial Measures Plan Report Template
Page 2 of 4
VI.Summary of Capacity Assessment Summary Report
[Brief summary of the Capacity Assessment Summary Report and how it
relates to this Plan.]
VII.Remedial Measures Alternatives Analysis
A.Guidelines for Alternative Analysis
The Plan for Capacity Remedial Measures follows the City’s completion of the
Capacity Remedial Measures Alternatives Analysis as described in Paragraph
28.i and in Appendix D of the Consent Decree.
B.Remedial Measures Alternatives Analysis Results
[Provide a brief description of the guidelines used for performing alternatives
analysis; consistent with Capacity Assessment and Remediation Process and
Guidelines Appendix. Include a description of guidelines used to select
continued monitoring results.]
Results of Remedial Measures Alternatives Analyses
Remedial Measures Alternatives
Analysis Result *
Number of Verified
Capacity Constraints for
Remedial Measures
Alternatives Analysis
Re-route a portion of upstream wastewater flows X
Reduce flows entering the WCTS X
Reduce inflow X
Reduce infiltration X
Increase conveyance capacity X
Upstream flow detention facilities X
Continued monitoring X
Other (Specify) X
Totals: X
* Note: Approach for actual implementation may be different than
Alternatives Analyses result pursuant to Paragraph 30 and Appendix D of
the Consent Decree. Some Capacity Constraints may require more than
one remedial measure technique. The predominant remedial measure
technique will prevail for reporting purposes.
C.Map of Alternatives Analysis Results
[Include a color coded map showing the location of each type of result.]
Appendix I
Capacity Remedial Measures Plan Report Template
Page 3 of 4
VIII.Remediation Completed
A.Remedial Measures Progress
[Summarize the Capacity Remedial Measures that have been completed prior to
submittal of this report.]
Completed Remedial Measures
Remedial Measure Technique2 Total
Gravity Sewer
Mains (miles)1
Re-route a portion of upstream wastewater flows
Reduce flow entering WCTS
Reduce inflow
Reduce infiltration
Increase conveyance capacity
Upstream flow detention facilities
Other (specify)
Force Mains
(number)
Increase conveyance capacity
Lift Stations
(number)
Increase conveyance capacity
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: Some Capacity Constraints may require more than one remedial measure technique.
The predominant remedial measure technique will be the one reported in the Capacity
Remedial Measures Plan.
B.Map of Remedial Measures Completed
[Include one (1) color coded map for completed remedial measures]
IX.Remedial Measures Plan
A. Anticipated Remediation Timeframes
[Summarize target remediation quantities for completion each year. Include a
list of Lift Stations and Force Mains that require capacity upgrades per the
Remedial Measures Plan.]
Appendix I
Capacity Remedial Measures Plan Report Template
Page 4 of 4
Anticipated Remediation Timeframes
Remedial Measure
Technique1
Calendar
Year X
Calendar
Year X
… Calendar
Year X
Total
Gravity Sewer
Mains (Number
of constraints
addressed)
Re-route a portion of
upstream wastewater flows
Reduce flow entering WCTS
Reduce inflow
Reduce infiltration
Increase conveyance
capacity
Upstream flow detention
facilities
Other (specify)
Force Mains
(number)
Increase conveyance
capacity
Lift Stations
(number)
Increase conveyance
capacity
Note 1: Some Capacity Constraints may require more than one remedial measure technique.
The predominant remedial measure technique will be the one reported in the Capacity
Remedial Measures Plan.
B.Maps of Anticipated Remediation Timeframe
[Include a color coded map for each year identifying the capacity constraints
and the remedial measure method that will be utilized to address each capacity
constraint.]
C.Remediation Project List
Remediation Project List
Project Name Project Quantities
(Miles or number) Completion Date
Appendix J
Annual Report Template
Appendix J
Annual Report Template
Page 1 of 12
I. Cover
II. Certification Declaration
[Required certification, with language specified by the Consent Decree, signed
by a responsible official of the City]
III. Table of Contents
[List of sections, tables, figures and appendices included in this report]
IV. Acronyms and Abbreviations
[Definitions of abbreviations and acronyms included in this report]
V. Introduction
A. Purpose
This Report was prepared and submitted to EPA and TCEQ pursuant to
Paragraph 48 of the Consent Decree.
B. Regulatory Requirements
This Report summarizes activities completed during the previous Calendar
year for the following requirements in Sections V of the Consent Decree:
Condition Assessment and Condition Remedial Measures including Priority
Projects work, Capacity Assessment and Capacity Remedial Measures, CMOM,
and WWTP Consolidation.
Appendix J
Annual Report Template
Page 2 of 12
VI. Priority Projects Condition Remedial Measures
Priority Projects Gravity Sewer Main Condition Remediation
Asset Description Completed in Calendar Year X Cumulative Completed 2
Gravity Sewer Main (Miles)1 X X
Note 1: Gravity Sewer Main Segment length is included in miles.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Priority Projects Manhole Condition Remediation
Asset Description Completed in Calendar Year X Cumulative Completed 2
Manholes (number)1 X X
Note 1: Manhole remediation is reported in number of manholes completed.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Priority Projects Force Main Condition Remediation
Asset Description Completed in Calendar Year X Cumulative Completed 2
Force Main (number)1 X X
Air Release Valves1 X X
Note 1: Force Main and air release valve remediation is reported in number of completed Force Main projects
and number of air release valves.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Priority Projects Lift Station Condition Remediation
Asset Description Completed in Calendar Year X Cumulative Completed 2
Lift Station (number)1 X X
Note 1: Lift Station remediation is reported in number of completed Lift Station projects.
Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date.
Appendix J
Annual Report Template
Page 3 of 12
Existing Capital Improvement Projects (Consent Decree Appendix A)
Project Name Project Status
Laguna Shores Road Force Main
Replacement
McBride Lift Station and Force Main
Improvements
VII. CMOM
A. SSO Reporting
Summary of Total Annual SSOs Occurring After the Effective Date (up to 15 years)
Year
# of SSOs
caused by
grease
# of SSOs
caused by
I/I or
Capacity
# of SSOs
caused by
roots and
debris
# of SSOs
caused by
lift station
failure
# of SSOs
caused by
structural
failure
# of SSOs
caused by
other factors
XX XX XX XX XX XX XX
XX XX XX XX XX XX XX
Summary of Information Regarding SSOs Occurring After the Effective Date (up to 15 years)
Year Total # of SSOs Total SSO Discharge
Volume # of Media Reports Issued
XX XX XX XX
XX XX XX XX
B. Fats, Oils, and Grease Control Program
Inspections and Enforcements Actions in Calendar Year X
Number of Permitted
Food Service
Establishments
Number of
Inspections
Number of Enforcement
Actions
XX XX XX
Appendix J
Annual Report Template
Page 4 of 12
C. Sewer Cleaning
Small Diameter System-Wide Cleaning Program Summary
Total Small
Diameter
Miles3
Miles Cleaned in
Calendar Year
X1,3
% Cleaned in
Calendar Year X
% Required per
Calendar Year2
XX XX XX 12%
Note 1: Miles cleaned includes hot spot cleaning.
Note 2: Percentage may be prorated for any partial Calendar Year.
Note 3: Gravity Sewer Main Segment length is included in miles.
Small Diameter System-Wide Cleaning Program Cumulative Status
Miles of Cleaning Required Under Consent
Decree = X1
Unique Small Diameter Cumulative
Percent Completed2
Completed Prior to CD Effective Date X
Year 1 X
Year 2 X
… X
Year X X
Note 1: Mileage is fixed from Effective Date
Note 2: This does not include repeat cleaning for hot spot areas.
Large Diameter Cleaning Program Status
Total Large Diameter
Miles1,2
Miles Cleaned in Calendar
Year X2
% Cleaned in Calendar
Year X
XX XX XX
Note 1: Mileage is fixed from the Effective Date.
Note 2: Gravity Sewer Main Segment length is included in miles.
Appendix J
Annual Report Template
Page 5 of 12
Large Diameter Cleaning Program Cumulative Status
Unique Large Diameter Cumulative
Percent Completed1
Completed Prior to CD Effective Date X
Year 1 X
Year 2 X
… X
Year X X
Note 1: This does not include repeat cleaning for hot spot areas.
VIII. Condition Assessment
A. Gravity Sewer Main Condition Inspection Efforts
Gravity Sewer Main Inspection Summary
[Reference Paragraph 18 for condition assessment]
Program Asset Description Inspection
Method
Miles of
Inspections
Required
Under
Consent
Decree1,2,3,4
Miles
Completed
Prior to
Effective
Date2,3
Miles
Completed
since
Effective
Date2
Miles of
Inspections
Completed
2,3
Cumulative
Percent (%)
Complete1 Priority Project / Condition Assessment Small Diameter
Gravity Sewer Mains
– Non-PVC (See
Paragraph
19.a.ii.1.a)
CCTV, or EPA
approved proxy XX
Small Diameter
Gravity Sewer Mains
– PVC (Non-
Performing Program
Assets per
Paragraph 19.a.ii.3)
CCTV, pole camera,
smoke testing,
review of sewer
cleaning findings, dye
testing, mechanical
proofing, or EPA
approved proxy
XX
Appendix J
Annual Report Template
Page 6 of 12
Program Asset Description Inspection
Method
Miles of
Inspections
Required
Under
Consent
Decree1,2,3,4
Miles
Completed
Prior to
Effective
Date2,3
Miles
Completed
since
Effective
Date2
Miles of
Inspections
Completed
2,3
Cumulative
Percent (%)
Complete1
Large Diameter
Gravity Sewer Mains
CCTV, sonar, 360-
degree video, laser
imaging, visual
inspection, physical
entry, other common
techniques or EPA
approved proxy
XX
Note 1: The Consent Decree does not require inspection of all facilities to be completed prior to submittal of the Annual Report.
Note 2: Gravity Sewer Main Segment length is included in miles.
Note 3: Includes Gravity Sewer Main inspections since 2010.
Note 4: Number is fixed from the Effective Date.
Program Asset Description Inspection
Method
Miles of
Inspections
Required
Under
Consent
Decree1,2,3,-
Miles
Completed
Prior to
Effective
Date2,3
Miles
Completed
since
Effective
Date2
Miles of
Inspections
Completed
2,3
Cumulative
Percent (%)
Complete1 Performing Assets Small Diameter
Gravity Sewer Mains
– Installed Prior to
1974 (See Paragraph
19.a.ii.1.c)
CCTV, or EPA
approved proxy XX
Small Diameter
Gravity Sewer –
Installed Between
1974 and 1982 (See
Paragraph 19.a.ii.2)
CCTV, pole camera,
or EPA approved
proxy
XX
Small Diameter
Gravity Sewer Mains
– Installed between
1983 through 2007
(See Paragraph
19.a.ii.3)
CCTV, Pole Camera,
smoke testing,
review of sewer
cleaning findings, dye
testing, mechanical
proofing, or EPA
approved proxy
XX
Appendix J
Annual Report Template
Page 7 of 12
Note 1: The Consent Decree does not require inspection of all facilities to be completed prior to submittal of the Annual Report.
Note 2: Gravity Sewer Main Segment length is included in miles.
Note 3: Includes Gravity Sewer Main inspections since 2010.
B. Gravity Sewer Main Inspection Map
[Include a map showing the location of the inspections. The map will
differentiate between inspections completed during the calendar year
reported in the annual report and inspections completed prior to the calendar
year reported in the annual report. Inspections completed prior to the
calendar year reported in the annual report will include inspections from
2010.]
C. Manhole Inspection
Manhole Inspection Summary
Program Inspection
Method
Manhole
Inspections
Required
Under
Consent
Decree1,2
Manholes
Inspected
Prior to
Effective Date2
Manholes
Inspected Since
Effective Date2
Total
Manhole
Inspections
Completed
Cumulative
Percent
(%)
Complete2
Priority
Projects /
Condition
Assessment
Visual
Inspection –
Manholes on
Small Diameter
Gravity Sewer
XX XX XX XX XX
Visual
Inspection –
Manholes on
Large Diameter
Gravity Sewer
XX XX XX XX XX
Performing
Assets
Visual
Inspection –
Manholes on
Small Diameter
Gravity Sewer
XX XX XX XX XX
Note 1: Number is fixed from Effective Date.
Note 2: Includes manhole inspections since 2010.
Appendix J
Annual Report Template
Page 8 of 12
D. Manhole Inspection Map
[Include a map showing the location of the inspections. The map will
differentiate between inspections completed during the calendar year
reported in the annual report and inspections completed prior to the calendar
year reported in the annual report. Inspections completed prior to the
calendar year reported in the annual report will include inspections from
2010.]
E. Force Main Condition Assessment Program
Force Main Inspection Summary
Program Asset
Description
Inspection
Method
Inspections to
be Completed
Under Consent
Decree
(number) 1,2
Inspections
Completed in
Calendar Year X
Cumulative
Inspections
Completed2
Cumulative
Percent (%)
Complete
System-
wide /
Condition
Assessment
Force Main Visual XX XX XX XX
Air Release
Valves Visual XX XX XX XX
Note 1: Number is fixed from the Effective Date.
Note 2: Includes force main inspections since 2015.
F. Lift Station Condition Assessment Program
Lift Station Inspection Summary
Program Inspection
Method
Inspections to
be Completed
Under Consent
Decree1,2
Inspections
Completed in
Calendar Year X
Cumulative
Inspections
Completed2
Cumulative
Percent (%)
Complete
System-
wide /
Condition
Assessment
Visual
(approved
check list)
XX XX XX XX
Note 1: Number is fixed from the Effective Date.
Note 2: Includes lift station inspections since 2015.
Appendix J
Annual Report Template
Page 9 of 12
Condition Categorization Summary
Condition Categorization Summary in Calendar Year X
Condition Category
Miles of
Gravity Sewer
Mains1
Number of
Manholes
Category A – Very Good XX XX
Category B – Good XX XX
Category C – Fair XX XX
Category D – Poor XX XX
Category E – Very Poor XX XX
Note 1: Gravity Sewer Main Segment length is included in miles.
Condition
Category
Number of Lift
Stations
Number of Force
Mains
Number of Air
Release Valves
Good XX XX XX
Moderate XX XX XX
Poor XX XX XX
G. Map of Condition Categories
[Include a map showing the location of the categorized assets for assets
categorized during the calendar year reported in the annual report.]
H. Condition Assessment Results
Condition Assessment Results in Calendar Year X
Condition
Assessment Result
Miles of
Gravity Sewer
Mains1
Number
of
Manholes
Number
of Force
Mains
Number
of Air
Release
Valves
Number
of Lift
Stations
Remedial Measures
Alternatives Analysis XX XX XX XX XX
Monitoring XX XX XX XX XX
Maintenance
Analysis XX XX XX XX XX
Note 1: Gravity Sewer Main Segment length is included in miles.
Appendix J
Annual Report Template
Page 10 of 12
I. Map of Condition Assessment Results
[Include a map showing the location of the results for results determined
during the calendar year reported in the annual report.]
IX. Capacity Assessment
A. Wet-Weather Related SSO Categorization
Wet Weather SSO Categorization for Calendar Year X
Category Number of SSOs
Category A – Most likely a capacity-related SSO X
Category B – Most likely maintenance-related X
Category C – Clearly not a capacity related SSO X
Total X
B. Wet-Weather SSO Categorization Summary Map
[Include a map showing the location of the wet-weather SSO categories for
SSOs categorized during the calendar year reported in the annual report.]
C. Prioritization of Potential Capacity Constraints
Potential Capacity Constraints Summary
Category Number of Potential
Capacity Constraints
Identified in Calendar
Year X
Priority 1 – Category A SSO and the Hydraulic Model also predicts
a SSO
X
Priority 2 – Where Hydraulic Model predicts SSO, but with no
observed SSO. Or a Category A SSO, but Hydraulic Model does
not predict a SSO.
X
Priority 3 – Where Hydraulic Model predicts hydraulic grade line
(HGL) near ground elevation
X
Priority 4 – Category B SSO X
Priority 5 – Where pipe design capacity is exceeded for sustained
60 minutes or more but the HGL is not near the ground elevation
X
Total X
Appendix J
Annual Report Template
Page 11 of 12
X. Map of Potential Capacity Constraints
XI. Field Investigations of Potential Capacity Constraints
[Include a map showing the location of potential capacity constraints identified during the
calendar year reported in the annual report.]
A. Field Investigation Status
Completed Field Investigations
Technique1 Number of Potential Capacity Constraints
Priority 1 Priority 2 Priority 3 Priority 4 Priority 5
Flow Metering X X X X X
Manhole Level Monitor X X X X X
Chalking X X X X X
Visual Inspection X X X X X
Other (if applicable) X X X X X
Monitor in Future per
Capacity Assessment and
Remediation Process and
Guidelines Appendix
(CMOM)
X X X X X
Total X X X X X
Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The
primary technique is reported.
B. Map of Completed Field Investigations
[Include a map showing the location of each field investigation.]
Appendix J
Annual Report Template
Page 12 of 12
XII. Completed Remedial Measures
A. Remediation Completed in Calendar Year X
Remediation Completed Summary
Miles of
Gravity Sewer
Main1
Number of
Manholes
Number of
Force Mains
Number of
Air Release
Valves
Number of
Lift Stations
Completed in
Calendar Year X X X X X X
Note 1: Gravity Sewer Main Segment length is included in miles.
Remedial Measure Plan Project List (After Submittal of the Remedial Measures Plans)
Capital Project Name Project Status Project Completion
Year
Remedial Measure Projects in Performing Neighborhoods
Capital Project Name Project Status
B. Map of Remedial Measures Completed
[Include an overview map of remedial measures completed. The map will
differentiate between remedial measures completed during the calendar year
reported in the annual report and remedial measures completed pursuant to
the consent decree prior to the calendar year reported in the annual report.]
XIII. Documentation of Updates
[Include a summary of written agreements pursuant to Consent Decree
Paragraphs 107 (Non-material Modification) and other changes made
pursuant to Consent Decree Section XIX (Modification).]
Summary of CMOM Plan updates pursuant to CD Paragraph 33: