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HomeMy WebLinkAboutAgenda Packet City Council - 02/23/2021City Council City of Corpus Christi Meeting Agenda - Final 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 23, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A.Mayor Paulette M. Guajardo to call the meeting to order. B.Invocation to be given by Deacon Michael Mantz, Corpus Christi Cathedral. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Christen Adams, Veterans Memorial High School. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Page 1 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final 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.PROCLAMATION/COMMENDATION: 1.21-0258 Commendation for Roy Miller High School Football Team Commendation for Veterans Memorial High School Football Team G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS H.MINUTES: 2.21-0263 Regular Meeting of February 9, 2021 I.BOARD & COMMITTEE APPOINTMENTS: 3.21-0255 Building Standards Board (2 vacancies) Construction Trade Advisory & Appeals Board (4 vacancies) Crime Control and Prevention District (9 vacancies) Library Board (5 vacancies) Senior Corps Advisory Committee (3 vacancies) Sister City Committee (4 vacancies) Page 2 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final Watershore and Beach Advisory Committee (4 vacancies) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 4 - 15) Consent - Second Reading Ordinances 4.21-0021 Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. Sponsors:Development Services 5.21-0137 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by moving a portion of Wildcat Drive from County Road 52; amending related elements of the Comprehensive Plan of the City; and providing for publication. Sponsors:Planning & Environmental Services 6.20-1151 Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. Sponsors:Grant Monitoring 7.21-0016 Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement Consent - Contracts and Procurement 8.20-1422 Motion authorizing a two-year service agreement with Miguel Hernandez Jr., dba Universal Tool and Die, of Corpus Christi, Texas, for a total amount Page 3 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final not to exceed $223,900.00, for on-call fabrication, welding, and repair services for the Utilities Department, with FY 2021 funding in the amount of $77,000.00 available in the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 9.21-0074 Resolution authorizing a three-year supply agreement with McNeilus Truck and Manufacturing Co. in an amount not to exceed $530,000.00 for the purchase of McNeilus parts for City Solid Waste and Recycling trucks, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of $117,778.00 available in the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement Consent - Capital Projects 10.20-0111 Motion awarding a professional services contract to LNV, Inc., Corpus Christi, TX, to provide design, bid, and construction services for office space and other building upgrades to the O.N. Stevens Water Treatment Plant Filter Building 1, located in Council District 1, in an amount not to exceed $179,998.00, with FY 2021 funding available from the Water 2020 Capital Improvement Program Fund. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement 11.20-0305 Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for design, bid, and construction phase services for the reconstruction of McArdle Road from Carroll Lane to Kostoryz Road, located in Council Districts 2 and 3, in an amount of $544,933.75, with FY 2021 funding available from the Bond 2018 Street Proposition B, Storm Water, Wastewater, and Water Funds. Sponsors:Engineering Services, Public Works/Street Department and Contracts and Procurement 12.21-0112 Motion authorizing a design/build contract for the construction of a new Emergency Medical Services (EMS) Central Building with Barcom Construction, Inc. from Corpus Christi, Texas, for an amount not to exceed $448,184, effective upon issuance of a notice to proceed, with funding from FY 2018 Bond Proposition E - Public Safety Improvements. Sponsors:Asset Management Department and Fire Department General Consent Items 13.21-0144 Resolution authorizing the submission of a grant application in the amount of $140,930.23 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2022 Local Border Security Program Grant. Sponsors:Police Department 14.21-0205 Motion authorizing the amended and restated Management Services Agreement between the Corpus Christi Area Convention and Visitors’ Page 4 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final Bureau and the City of Corpus Christi, Texas. Sponsors:Finance & Business Analysis 15.21-0226 Resolution endorsing Mayor Paulette Guajardo to serve on the Texas Municipal League board of directors . Sponsors:Intergovernmental Relations L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEMS 16 - 17) 16.21-0186 Zoning Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Rodd Field Road from the “FR” Farm Rural District to the “RS-4.5” Single Family 4.5 District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services 17.21-0187 Zoning Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services N.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 18 - 19) 18.21-0151 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Avanti at Heritage Park to be developed by Avanti Heritage Park, LP. Sponsors:Human Resources 19.21-0221 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Palms at Blucher Park to be developed by TG 110 Palms at Blucher Park, LP. Sponsors:Human Resources O.FIRST READING ORDINANCES: (ITEMS 20 - 23) 20.21-0062 Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial.(3/4 vote required due to Planning Commission's recommendation of denial) Sponsors:Development Services 21.21-0104 Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Page 5 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend approval) (3/4 vote will be required due to opposition by surrounding property owners) Sponsors:Development Services 22.21-0138 Ordinance abandoning, vacating, and closing a 1.200-acre (52,272 square-feet) tract of an improved portion of public right-of-way identified as Butler Road, between Violet Road and Cliff Crenshaw Street, and requiring the petitioner, Annaville Baptist Church, to comply with specified conditions. Sponsors:Public Works/Street Department 23.21-0223 Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. Sponsors:Human Resources P.BRIEFINGS: Q.LEGISLATIVE UPDATE: R.APPEAL OF A DECISION OF THE BUILDING STANDARDS BOARD : (ITEM 24) The Appeal will proceed using the following format: 24.21-0216 Consideration of an appeal filed by Mr. Samer Hamed of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 626 Glazebrook Street in City Council District 2. Sponsors:Legal Department and Police Department/Code Enforcement S.EXECUTIVE SESSION: ITEMS 25 - 26) 25.21-0233 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the case of Graham Construction Services, Inc. v. City of Corpus Christi, Xylem Page 6 City of Corpus Christi Printed on 2/22/2021 February 23, 2021City Council Meeting Agenda - Final Water Solutions and Atlas Copco Compressors v. Carollo Engineers, PC, Travelers Casualty and Surety Company, Control Panels USA, Inc. and Fluid Components International LLC, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. 26.21-0234 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 and litigation in the case of City of Ingleside, Texas v. City of Corpus Christi, Texas and other lawsuits and potential lawsuits, including potential consideration of additional funding for the defense of the aforementioned lawsuit. T.ADJOURNMENT Page 7 City of Corpus Christi Printed on 2/22/2021 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, February 9, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. Mayor Paulette M. Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:35 a.m. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.B. Pastor Claude Axel, Mount Pilgrim Baptist Church gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Freddie Martinez, King High School Student. C. Freddie Martinez, high school student at King High School, 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. Page 1City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Present:9 - 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 Guajardo referred to comments from the public. The following citizens submitted written public comments which are attached to the Minutes: Yolanda Keys, 6034 Rio Vista Ave; David Moss, 1642 Candlewood; Tomasita Villarreal, 5757 S. Staples St.; F. Rodney Eve, 1400 Ocean Dr.; Pauline Forbes, 929 Miramar Pl.; Dale Ann Roper, 13737 Tajamar St.; Tyler Schumacher, 5010 Wingfoot Lane; Davene Bennett, 422 Red Oak St.; Mariah Boone, 710 Ponder St.; Michael Galullo, 1400 Ocean Dr.; Christopher Phelan, 3806 Kingston Dr.; Enid Brooks, 1302 Leopard St.; Asa Stricker, 4809 Jarvis St.; and Richard Bell, 10014 Compton Rd. The following citizens called in regarding low barrier shelter: Eli McKay, 1008 Marguerite St.; Julie Rogers, 710 Furman Ave.; Marilena Garza, 1008 Marguerite St.; Sylvia Campos, 4410 Fir St.; and Brittany Garcia, Brawner Pkwy. The following citizen called in regarding various topics: John Arnold, 3565 N. Naylor Circle. The following citizen called in regarding desalination: Errol Summerlin, 1017 Diomede, Portland, TX. Page 2City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor Guajardo referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) First Quarter Budget and Finance Report. 2) Update on COVID-19 vaccinations. FIRST QUARTER BUDGET AND FINANCE REPORTa. Council Members and City Manager Peter Zanoni discussed the following topics regarding the first quarter budget and finance report: the revenues and expenses for the gas department are in a separate fund; the revenues are lower than budgeted because gas prices are low; and a Council Member's request that the budget reflect more realistic numbers than what is shown. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSb. Council Members, City Manager Peter Zanoni and Fire Chief Robert Rocha discussed the following topics regarding COVID-19: another vaccination drive will be held at the American Bank Center the week of February 15th by appointment only; a Council Member's request for a possible drive-thru vaccination clinic on the island or Flour Bluff; the City and County continue to assess the registration process; the fire department is completing vaccinations for those who are homebound; the drive-thru vaccination locations will alternate between the American Bank Center and Richard M. Borchard Regional Fairgrounds; a Council Member acknowledged everyone who is helping out and volunteering with the vaccinations; and a Council Member commended IT for their hard work and efforts during the pandemic. MINUTES:G. 1.Regular Meeting of January 26, 2021 A motion was made by Council Member Pusley, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS:H. 2.Civil Service Board (2 vacancies) Civil Service Commission (2 vacancies) Corpus Christi Regional Economic Development Corporation (1 vacancy) Landmark Commission - (7 vacancies) North Padre Island Development Corporation (6 vacancies) Port of Corpus Christi Authority of Nueces County, TX. (1 vacancy) Reinvestment Zone No. 2 (Island) Board (3 vacancies) Reinvestment Zone No. 4 (North Beach) Board (10 vacancies) Mayor Guajardo referred to Item 2. Page 3City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Civil Service Board and Civil Service Commission Council Member Molina made a motion to appoint Beth Rauhaus and Deborah A. Sibila, seconded by Council Member Hernandez and passed unanimously. Corpus Christi Regional Economic Development Corporation Council Member Barrera nominated Robert Gonzalez Sr. Council Member Hernandez made a motion to appoint Robert Gonzalez Sr., seconded by Council Member Hunter and passed unanimously. Landmark Commission Council Member Barrera made a motion to reappoint Kathleen De La Garza (At-Large), seconded by Council Member Molina and passed unanimously. Council Member Smith made a motion to appoint Jen Brown (Historian), seconded by Council Member Hernandez and passed unanimously. Council Member Molina made a motion to appoint Roslyn Wanzer (Real Estate), seconded by Council Member Hernandez and passed unanimously. Council Member Pusley made a motion to appoint Armando Mendez (At-Large) and Veronica Wilson (At-Large), seconded by Council Member Molina and passed unanimously. North Padre Island Development Corporation Council Member Molina made a motion to reappoint Council Members Roland Barrera, Mayor Paulette Guajardo, and Gil Hernandez, seconded by Council Member Hernandez and passed unanimously. Council Member Smith made a motion to appoint Council Members Billy Lerma, Mike Pusley and John Martinez, seconded by Council Member Hernandez and passed unanimously. Port of Corpus Christi Authority of Nueces County, Texas Council Member Pusley made a motion to reappoint Al Jones. Council Member Martinez nominated Rajan Ahuja. Council Members Mike Pusley, Roland Barrera, Michael Hunter and Greg Smith voted for Al Jones. Council Members John Martinez, Ben Molina, Billy Lerma, Gil Hernandez and Mayor Paulette Guajardo voted for Rajan Ahuja. Rajan Ahuja was appointed. Reinvestment Zone No. 2 (Island) Board Council Member Smith made a motion to appoint Council Members Billy Lerma, Mike Pusley and John Martinez, seconded by Council Member Molina and passed unanimously. Council Member Hernandez made a motion to appoint Council Member Greg Smith as Chair for Reinvestment Zone No. 2 (Island), seconded by Council Member Molina and passed unanimously. Reinvestment Zone No. 4 (North Beach) Board Council Member Lerma made a motion to reappoint Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Ben Molina and Greg Smith, seconded by Council Member Hernandez and passed unanimously. Council Member Lerma made a motion to reappoint Nueces County Judge Barbara Canales (Nueces County), seconded by Council Member Martinez and passed unanimously. Council Member Pusley nominated Kenneth Berry for Community Member position, Council Member Hernandez nominated Carrie Meyer. Council Members Barrera, Hunter, Molina, Martinez, Lerma and Smith voted for Kenneth Berry. Council Member Hernandez voted for Carrie Meyer. Mayor Guajardo abstained. Kenneth Berry was appointed Community Member. Council Member Molina made a motion to appoint Council Members Page 4City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Billy Lerma, Mike Pusley and John Martinez, seconded by Council Member Smith and passed unanimously. Council Member Hernandez made a motion to appoint Council Member Billy Lerma as Chair for Reinvestment Zone No. 4 (North Beach), seconded by Council Member Martinez and passed unanimously. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: 3 - 29J. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 4,11,13, 22, 23 and 25 be pulled for individual consideration. A motion was made by Council Member Lerma, seconded by Council Member Martinez to approve the Consent Agenda with the exception of Items 4,11,13, 22, 23 and 25. The motion carried by the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 3.One Reading Ordinance accepting and appropriating $853,268.65 from the Texas Department of Housing and Community Affairs ("TDHCA") Coronavirus Aid, Relief and Economic Security Act ("CARES" Act) for Community Development Block Grant - Coronavirus ("CDBG-CV") funding for a Texas Emergency Rental Assistance Program and a Texas Eviction Diversion Program. This Ordinance was passed on the consent agenda. Enactment No: 032335 Consent - Second Reading Ordinances 4.Zoning Case No. 0720-02, MVR Construction Company (District 4). Ordinance rezoning property at or near 10001 Compton Road from the “RE” Residential Estate District to the “RS-15” Single-Family 15 District. Planning Commission and Staff recommend Approval. (3/4 vote required due to public opposition.) Mayor Guajardo referred to Item 4. A Council Member said he voted in favor of this ordinance on first reading. After further consideration, he pulled it on second reading to vote "No". Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second Page 5City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez and Council Member Molina 7 - Nay:Council Member Pusley and Council Member Smith2 - Abstained:0 Enactment No: 032336 5.Zoning Case No. 0820-03, Owen A. Norton (District 4). Ordinance rezoning property at or near 2926 Laguna Shores Road from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032337 6.Zoning Case No. 1120-01, Mary Hutchins Triestman Partnership (District 1). Ordinance rezoning property at or near 1902 Rand Morgan from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family District and a Planned Unit Development. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032338 7.Ordinance amending Ordinance No. 032311 to increase the appropriation of Type B funding for the Cole Park Pier to $5,000,000.00 from the unreserved fund balance of the Type B Sales Tax Fund and decrease the appropriation from the unreserved fund balance of the General Fund by $349,427.00; transferring funds in the amount of $7,777,670.00 to the Park CIP Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032339 8.Ordinance accepting a grant in the amount of $206,787.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden to assist in border patrol operations; and appropriating $206,787.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032340 9.Ordinance accepting a grant in an amount of $102,248.61 from the Texas Office of the Governor, Criminal Justice Division for Coronavirus Page 6City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Emergency Supplemental Funding Program with no City match; and appropriating $70,000.00 in the Municipal Court Grant Fund, $16,124.31 in the Fire Department Grants Fund, and $16,124.30 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032341 10.Ordinance amending City Code Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, to comply with requirements of the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality Pretreatment Program for Industrial User Discharges to the Wastewater System by adding required definitions for best management practices, daily and monthly limits, process wastewater; amending sampling collection requirements, and providing for compliance orders; and providing for civil penalties up to $1,000 per day and criminal penalties up to $2,000 per day for violations of the ordinance. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032342 11.Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act (“GOMESA”) grant funding from the Texas General Land Office - Coastal Management Program in an amount of $253,307.00 for the acquisition of property adjacent to Laguna Madre and in the Redhead Pond area, for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects, located in Council District 4, and appropriating an amount of $253,307.00 in the Community Development Grant Fund. Mayor Guajardo referred to Item 11. A Council Member stated that this is a good news item and thanked staff for their work on these grants. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: 032343 12.Ordinance amending the Code of Ordinances, Chapter 53: One Way Streets and Alleys that will change 10th Street, between Ayers Street and Page 7City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Staples Street, from a two-way traffic flow to a one-way traffic flow. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032344 13.Ordinance declaring City owned land on Oso Creek at Starry Circle as surplus property; authorizing its sale or exchange to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. Mayor Guajardo referred to Item 13. Council Members, Director of Planning and Environmental Services Daniel McGinn and City Attorney Miles Risley discussed the following topics: a Council Member's concern about the low appraisal in that this is a fairly valuable piece of property; the land does not need to be appraised because it is being sold to the highest bidder; and the comparisons that are provided in the appraisal will be evaluated. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: 032345 14.Ordinance authorizing the renewal of a 15-year lease agreement with Lady Lex Museum on the Bay Association that authorizes the use of a portion of the submerged lands owned by the City of Corpus Christi and adjoining City property for the U.S.S. Lexington for the operation of the museum and authorizing an annual rental fee of $1.00. (28-day delay required between readings) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032346 Consent - Contracts and Procurement 15.Motion authorizing an amendment to a Service Agreement with Zoll Medical Corporation of Chelmsford, Massachusetts for a total amount not to exceed $12,250.38, increasing the service agreement value to $56,904.38 for cardiac monitor and defibrillator services for the Fire Department, with FY 2021 funding in an amount of $4,100.00 available in the General Fund. This Motion was passed on the consent agenda. Page 8City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Enactment No: M2021-017 16.Motion authorizing a one-year service agreement with T-Mobile USA, Inc., in an amount of $417,278.81 for cellular data services, plus one month of cellular service for transitioning purposes, effective upon issuance of a notice to proceed, with FY 2021 funding available in various funds. This Motion was passed on the consent agenda. Enactment No: M2021-018 17.Motion authorizing a three-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount not to exceed $393,822.00 for Cisco WebEx Voice Over Internet Protocol (VOIP) and Audio, which provides a collaboration cloud and audio licenses flex plan, effective upon issuance of notice to proceed, with funding in an amount of $131,274.00 available in the FY 2021 Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2021-019 18.Resolution authorizing a three-year agreement with Pfeiffer & Son, LTD of LaPorte, Texas, in the amount of $149,925.00, for the inspection of the Harbor Bridge Decorative Lighting System, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $49,975.00 available in the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032347 19.Motion authorizing the purchase of two live bottom trailers from Cooper Equipment Co., of San Antonio, Texas to replace two seven-yard dump trucks for a total amount of $163,366.00, which will be utilized to transport street related materials to worksites for Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. This Motion was passed on the consent agenda. Enactment No: M2021-020 20.Motion authorizing the purchase of one replacement motor grader from HOLT Texas, Ltd., dba HOLT CAT, for a total amount of $296,559.19 to be used in the maintenance and repairs of streets by Public Works throughout the City, with FY 2021 funding available through the Equipment Replacement Fund. This Motion was passed on the consent agenda. Page 9City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Enactment No: M2021-021 21.Motion authorizing an amendment to Supply Agreement No. 2159 - Gas Meters with Wilnat, Inc. to increase contract funds on the two-year supply agreement, for a total amount not to exceed $243,507.40 for a revised value in an amount not to exceed $1,217,542.40, for the purchase of Gas Meters, with FY 2021 funding in estimated amount of $243,507.40 available in the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2021-022 22.Motion authorizing a three-year supply agreement with Rush Truck Centers of Texas, LP dba, Rush Truck Center of Corpus Christi, Texas, in amount not to exceed $1,330,000.00 for the purchase of heavy equipment parts for Asset Management Department, Fleet Division, with FY 2021 funding in the amount of $221,700.00 available through the Fleet Maintenance Service Fund. Mayor Guajardo referred to Item 22. This item was pulled inadvertently. Council Member Barrera made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2021-023 23.Motion authorizing the service agreement with American Abatement, LLC from San Antonio, Texas, for an amount not to exceed $155,995.00 to demolish the closed, decommissioned and unused Booker T. Washington School, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Community Development Block Grant Fund. Mayor Guajardo referred to Item 23. A Council Member and Director of Asset Management Charles Mendoza discussed the following topics: a Council Member's concern that an out-of-town company may be unable to complete the job on time and on budget; the difference between the local second-lowest bidder and out-of-town low bidder was about $5,000; and staff's confidence that the low bidder could complete the work. Page 10City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Council Member Pusley made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: M2021-024 24.Resolution authorizing a two-year service agreement for the purchase of Godwin pumps, motors, rentals, and repair service, with Xylem Dewatering Solutions, Inc., dba Godwin Pumps of America, of Corpus Christi, Texas, in an amount not to exceed $377,250.00, for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $188,625.00 available in the Wastewater and Water Funds. This Resolution was passed on the consent agenda. Enactment No: 032348 Consent - Capital Projects 25.Motion authorizing a License Agreement with the Port of Corpus Christi Authority to allow the City of Corpus Christi to deposit dredged material at the Rincon B West Dredge Material Placement Area from the breakwater in-between the Marina and McGee Beach, located in Council District 1, in an amount of $278,060.00, with FY 2021 funding available from the Seawall CIP Fund. Mayor Guajardo referred to Item 25. Director of Engineering Services Jeff Edmonds stated that this item is related to projects in the Capital Improvement Plan (CIP); and this motion authorizes a License Agreement with the Port of Corpus Christi Authority (POCCA) to allow the City to place dredge material at the Rincon B West Dredge Material Placement Area. Council Members and Director Edmonds discussed the following topics: this bid is the standard rate; and the City does not have a permit for dredge material placement, so it would cost the city more to create its own area. Council Member Lerma made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Page 11City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Abstained:0 Enactment No: M2021-025 26.Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for engineering design, bid, and construction phase services for the reconstruction of 16-inch waterlines that run along Nueces Bay Blvd. and Poth Lane, located in Council District 1, in an amount of $428,405.00, with FY 2021 funding available from the Water Capital Improvement Program Fund. This Motion was passed on the consent agenda. Enactment No: M2021-026 27.Motion authorizing the execution of Change Order Number 3 with Bay, LTD, Corpus Christi, Texas for the installation of a 30-inch valve on the existing 30-inch transmission main located on Holly Road between Airline and Rodd Field Road, located in Council District 4, in an amount of $168,804.13 for a total not to exceed amount of $8,697,683.26, with FY 2021 funding available from Water Capital Reserve Fund. This Motion was passed on the consent agenda. Enactment No: M2021-027 28.Motion authorizing the approval of Change Order Number 3 with Haas-Anderson Construction, Corpus Christi, Texas, for additional drill shaft length necessary for the completion of the Park Road 22 Bridge project, located in Council District 4, in an amount of $209,860.00 for a total not to exceed amount of $14,718,596.00, with FY 2021 funding available from the Street Bond 2008 Fund. This Motion was passed on the consent agenda. Enactment No: M2021-028 General Consent Items 29.Resolution authorizing submission of grant application for $233,030.00 to the State of Texas under the FY 2022 Paul Coverdell Forensic Sciences Improvement Grant. This Resolution was passed on the consent agenda. Enactment No: 032349 RECESS FOR LUNCHK. The recess for lunch was held during Executive Session Item 40. Page 12City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes PUBLIC HEARINGS: (ITEMS 30 - 34)L. 30.Zoning Case No. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial.(3/4 vote required due to Planning Commission's recommendation of denial) Mayor Guajardo referred to Item 30. Director of Development Services Al Raymond and Director of Planning and Environmental Services Daniel McGinn presented information on the following topics: aerial overview; neighborhood amenities; adjacent development and zoning; Washington-Coles neighborhood; public notification; and planning commission and staff recommend denial. Council Members, City Manager Peter Zanoni, Director Raymond, Director McGinn, and Development Services Administrator Andrew Dimas discussed the following topics: a Council Member's concern the proposed lay-down yard will require heavy 18-wheeler traffic on residential roads; the majority of the Washington-Coles area was excluded from the Port buyout program; the vacant lots in the area developed over time and are not attributable to the buyout program; the applicant requested this zoning change in the past and the Council at that time approved a special permit with a set time limit of two years, subject to conditions such as limited service hours and limited site access only through Broadway Street; a Council Member's concern that there was no development in the area; the current lawsuit regarding the Broadway Wastewater Treatment Plant will not impact the location of the plant, nor will it modify the footprint of the plant; the lawsuit will not affect the demolition of the old clarifiers; the new clarifiers being built at the plant will be smaller and employ the latest technology for odor control; the long-range downtown area development plan envisioned potential residential growth in the Washington-Coles area once the Harbor Bridge was relocated and the highway currently separating the area from downtown was removed; a Council Member’s request to grant a special permit for five years subject to the same conditions in the last permit; and if the Council wished to grant a special permit, then staff recommended tabling the item to discuss with the applicant. Mayor Guajardo opened the public hearing. City Secretary Rebecca Huerta read the following citizens' comments in opposition to the zoning change into the record: Alvin York, 1606 Advance Dr., San Antonio, TX; and Daniel Pena, 2813 Hulbirt St. The following citizen called in opposition to the zoning change: Errol Summerlin, 1017 Diomede St., Portland, TX. Mayor Guajardo closed the public hearing. Council Member Hunter made a motion to table this item, seconded by Council Member Lerma. This Item was tabled with the following vote: Page 13City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 31.Zoning Case No. 1220-01 Alty Enterprises, Inc.: (District 5). Ordinance rezoning property at or near 7005 Saratoga Boulevard (State Highway 357) from the “CG-2” General Commercial District and the “IL” Light Industrial District to the “ON” Neighborhood Office District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 31. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of a charter school. Director Raymond presented information on the following topics: aerial overview; adjacent development and zoning; public notification; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. There were no written comments from the public. Mayor Guajardo closed the public hearing. Council Member Pusley made a motion to approve this ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 32.Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. (Planning Commission and Staff recommend approval) (3/4 vote will be required due to opposition by surrounding property owners) Mayor Guajardo referred to Item 32. Director of Development Services Al Raymond presented information on the following topics: aerial overview; adjacent development and zoning; public notification; proposed site plan; conceptual rendering of RV space; and planning commission and staff recommend approval. Co-Founders of Phoenix del Mar Development Michael Congdon and Ashleigh Page 14City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Fuller presented information on the following topics: overview; the existing property; conceptual renderings of our resort; planned resort layout; economic impact; development timeline; opposition; summary; and our renderings. Council Members, Director Raymond, Michael Congdon and Ashleigh Fuller discussed the following topics: the planned development was geared toward luxury RV's; Cinnamon Shores is the premier subdivision on Mustang Island; a Council Member's wish to table the item to allow Development Services to negotiate a special permit in lieu of the requested zoning change due to the high level of opposition; permits are still in progress and under investigation for the fuel station; a Council Member's concern of not having access to the lot and a request to add landscaping; and if tabled, staff planned to bring the item back. Mayor Guajardo opened the public hearing. The following citizen called in opposition to this item: Leah Badalich, 15311 Trails. City Secretary Rebecca Huerta read the following citizen's comment in favor of this item into the record: Richard Yates,162 La Concha Blvd. City Secretary Rebecca Huerta read the following citizens' comments in opposition of this item into the record: Cole, Sherri, Lynne and Karen Grundhausen, 14209 Punta Bonaire; Harry Collins, 240 Dunesway; Cynthia Blood, 438 Paradise; James Sambok, 15425 Fortuna Bay Dr.; Dana Stone, 926 Herndon St.; Paul Furman and Amber Furman, 14022 Hawksnest Bay; Daniel Baker, 554 Rosemary St.; David Adams, 1814 Murriman St.; Yolanda Gonzalez, 737 Scotland Dr.; Michael, 14300 SPID; Suzanna Reeder, 1630 S. Station St.; Jake Rollins, 1227 Yorktown Blvd.; David Graham Goff, 830 Ester Dr.; Amanda Hrncir, 14300 SPID; Marnie Pate, 211 Trojan; Charles Castor; Daniel Carignan, 14300 SPID; Carl and Sherry Badalich, 102 W. Palm Beach; and John Bell, 615 N. Upper Broadway. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to table this item to allow Development Services to negotiate a special permit, seconded by Council Member Molina. This Item was tabled with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 33.Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing Page 15City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. Mayor Guajardo referred to Item 33. Development Services Administrator Yvette Dodd-Wallace presented information on the following topics: UDC 2020 Code Cycle; editing/clarifying; minor edits; policy change; policy change continued; 2021 consideration; and outreach. Council Members, City Manager Peter Zanoni, Development Administrator Dodd-Wallace, Director of Development Services Al Raymond, and Development Services Administrator Andrew Dimas discussed the following topics: trees are required to be maintained by the developer proposing that development; non-habitable structure will need to be used for storage, parking, etc.; a Council Member's concern that the City does not require permits for metal storage buildings; zero lot line developments will still be allowed with a Planned Urban Development (PUD); an example of administrative exemptions for sidewalks includes rural street sections; and Development Services needs 10 to 20 code enforcement officers to enforce the UDC requirements. Mayor Guajardo opened the public hearing. City Secretary Rebecca Huerta read the following citizen's comment into the record: Jeff Nesloney, 3810 Casa Blanca Dr. Mayor Guajardo closed the public hearing. Council Member Molina 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 Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 34.Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by moving a portion of Wildcat Drive from County Road 52; amending related elements of the Comprehensive Plan of the City; and providing for publication. Mayor Guajardo referred to Item 34. Director of Planning and Environmental Services Daniel McGinn presented information on the following topics: Urban Transportation Plan-Wildcat Drive; background: Wildcat Drive project; planning, transportation and staff recommend approval. Page 16City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes Council Members and Director McGinn discussed the following topics: traffic congestion in the area; and a Council Member's request to move the easement, not eliminate it. Mayor Guajardo opened the public hearing. There were no written comments from the public. Mayor Guajardo closed the public hearing. Council Member Hernandez made a motion amending the ordinance to move the proposed easement for the collector the distance necessary to get to the other side of the storage facility, seconded by Council Member Pusley, and passed unanimously. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on first reading as amended and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 INDIVIDUAL CONSIDERATION ITEMS: (ITEM 35)M. 35.Resolution authorizing a professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas in the amount of $2,289,700 for providing civil engineering services to conduct an impact fee study and master plan studies pertaining to water, wastewater, drainage and roadways. Mayor Guajardo referred to Item 35. Director of Development Services Al Raymond presented information on the following topics: Master Planning and impact fee study; utilities trust fund overview; utilities trust fund background; utilities trust fund history; city council timeline to reexamine the trust funds; recap; summary comparison of how other Texas cities fund infrastructure; RFQ: Master Planning and Impact fee study; what you are considering; benefits to the city; and staff's recommendation. Council Members, Director Raymond, City Manager Peter Zanoni, Pape-Dawson Engineers Senior Vice President Cara Tackett and Director of Planning and Environmental Services Daniel McGinn discussed the following topics: a Council Member inquired why the city did not just expand the trust fund program rather than pay for another study; a request for an impact fee schedule to compare costs to other cities; the developer can build the improvements and get credits that future residential and commercial will not have to pay; the advantage of impact fees is the City Council helps decide how the City grows versus the developers with no input from the community; this is a 10 year plan that is updated every five years; in most cities there is a formal Page 17City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes impact fee committee; the three types of plans are: overall plan as a city, area development plans and master plans; Pape-Dawson is working specifically with storm water, water, wastewater and transportation network, which are very important during the platting stages; no other Top Ten Texas city uses trust funds, therefore it is not a best practice; and developers understand what the market demands are better than government officials. Council Member Molina made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 Enactment No: 032350 FIRST READING ORDINANCES: (ITEMS 36 - 37)N. 36.Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. Mayor Guajardo referred to Items 36-37. City Manager Peter Zanoni briefly described each Item. Council Member Pusley made a motion to approve Items 36-37, seconded by Council Member Hernandez. These Ordinances were passed on first reading with one vote and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith 9 - Abstained:0 37.Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. See Item 36 for vote. BRIEFINGS: (ITEMS 38 - 39)O. Page 18City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes 38.Briefing to City Council on Low-income Housing Tax Credits. Mayor Guajardo referred to Item 38. Homeless and Workforce Housing Manager Jennifer Buxton presented information on the following topics: low income housing tax credits; The Texas Department of Housing and Community Affairs (TDHCA) timeline; TDHCA application scoring; TDHCA application; LIHTC projects in Corpus Christi; pre-applications for Corpus Christi; Avanti at Heritage Park; and Palms and Blucher Park. Council Members, City Manager Peter Zanoni and Manager Buxton discussed the following topics: per TDHCA website, Corpus Christi received the fewest applications; the number of applications depends on the location and availability of land; the City's perception has a preference for one company over others and that this is not a competitive area; the City needs to encourage developers to submit applications and ensure them that there will be a fair process; concern about having an affordable housing development in the downtown area; and next week's agenda will consist of two letters of support for both projects. 39.Briefing on the Public Engagement Plan for the Parks and Recreation 10-Year Master Plan and Bill Witt Park Master Plan. Mayor Guajardo referred to Item 39. Interim Director of Parks and Recreation Department Tracey Cantu presented information on the following topics: why do you need a master plan; what is the master plan; purpose; project scope; background; progress to date; project timeframe; public engagement phases; public input; project webpage; online surveys; online mapping tool; virtual meeting room; virtual town hall meetings; and public engagement. Council Members and Interim Director Cantu discussed the following topics: a Council Member's request to include Tuloso-Midway and the Northwest Business Association, along with Calallen; and the importance of including the Veterans Groups as well. LEGISLATIVE UPDATE:P EXECUTIVE SESSION: (ITEM 40)Q. Mayor Guajardo referred to Executive Session Item 40. The Council went into Executive Session at 2:09 p.m. The Council returned from Executive Session at 2:51 p.m. 40.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 potential disannexation, industrial district agreements, and/or development agreement(s) with entities that are considering the construction, Page 19City of Corpus Christi Printed on 2/19/2021 February 9, 2021City Council Meeting Minutes expansion, and/or ownership of industrial facilities in Nueces County and/or San Patricio County, agreements to be executed pursuant to Chapter 212 of the Texas Local Government Code with entities in the aforementioned counties, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s) This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSR. Mayor Guajardo referred to Identify Future Agenda Items. The following Item was identified: a request to schedule a workshop over new water sources and desalination. ADJOURNMENTS. This meeting was adjourned at 5:51 p.m. Page 20City of Corpus Christi Printed on 2/19/2021 Duties Composition Member size Term length Term limit 7 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Craig Loving District 2 2 3/24/2015 3/3/2021 City Council Met the six-year service limitation Member At-Large Tim Honea District 5 2 3/24/2015 3/3/2021 City Council Resigned Home Builder Art A Ramirez District 5 Partial 9/8/2020 3/3/2022 City Council Active Member At-Large David Foster District 5 Partial 9/8/2020 3/3/2022 City Council Active General Contractor Lillian T Helms District 2 1 3/27/2018 3/3/2023 City Council Chair Active General Contractor Coretta Graham District 3 1 9/8/2020 3/3/2023 City Council Vice-Chair Active Lawyer Pete G. Cavazos District 2 1 9/8/2020 3/3/2023 City Council Active Member At-Large Seven (7) members, each of whom shall be a resident of the city. Membership in one or more of the following categories is preferred but not required: lawyer, realtor, architect, engineer, general contractor, home builder, or building materials dealer and remaining members at large from the residents of the city who are homeowners. The Building Standards Board hears appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings or structures. Two (2) vacancies with terms to 03-03-24, representing the following preferred but not required categories: 1 - At-Large and 1 - Home Builder. BUILDING STANDARDS BOARD 2-23-2021 Name District Status Category Catherine Giffin District 2 Applied General Catractor At-large Jacqueline O' Neill District 2 Applied Realtor At-Large Joe Ortiz District 3 Applied Home Builder At-Large BUILDING STANDARDS BOARD Applicants 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 Master Plumber Vacant 1 N/A 3/31/2023 City Council Vacant Electrical Contractor Vacant 1 N/A 3/31/2023 City Council Vacant Plumber Contractor Garry Camp District 5 1 8/11/2020 3/31/2023 City Council Vice-Chair Active General Contractor Paul S. Cervantes District 5 1 8/11/2020 3/31/2023 City Council Active Master Electrician Jared Merdes P.E.District 1 1 8/11/2020 3/31/2023 City Council Active HVAC Technician Ramiro Munoz III District 5 1 8/11/2020 3/31/2023 City Council Chair Active Engineer/Architect Mike L. Wanzer District 4 1 8/11/2020 3/31/2023 City Council Active HVAC 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. Four (4) vacancies with terms to 3-31-2023, representing the following categories: 1 – Texas Professional Land Surveyor, 1 – Plumber Contractor, 1 – Master Plumber and 1 – Electrical Contractor. (Staff is recommending the postponement of the Master Plumber and Plumber Contractor positions for further recruitment). CONSTRUCTION TRADE ADVISORY & APPEALS BOARD 2-23-2021 Name District Status Category Ronald E Brister District 5 Applied Texas Professional Land Surveyor Robert J Creek District 5 Applied General Contractor Engineer or Architect Jose Jimenez District 2 Applied Master Electrician Electrical Contractor Norman B Walters Jr District 5 Applied Master Electrician CONSTRUCTION TRADE ADVISORY & APPEALS BOARD Applicants Duties Composition Member size Term length Term limit 9 2 Years 6 Years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Curtis Clark District 4 1 1/22/2019 11/1/2020 City Council Confirmation Appointed Council Member Ben Molina's Rep. Neely Balko City Council Confirmation Appointed Council Member Billy Lerma's Rep. Fred E Edler District 4 2 8/28/2018 11/1/2020 City Council Confirmation Reappointed Council Member Greg Smith's Rep.3/4meetings 75% Frank Arriaga City Council Confirmation Appointed Council Member John Martinez's Rep. Jim D Kaelin District 5 1 1/22/2019 11/1/2020 City Council Confirmation Reappointed Council Member Gil Hernandez's Rep.3/4meetings 75% David Gonzalez City Council Confirmation Appointed Mayor Paulette M. Guajardo's Rep. Rene Saenz District 3 1 1/22/2019 11/1/2020 City Council Confirmation Reappointed Council Member Roland Barrera's Rep.4/4 meetings 100% Marshal Tong City Council Confirmation Appointed Council Member Mike Pusley's Rep. Sandy Fernandez City Council Confirmation Appointed Council Member Michael T. Hunter CRIME CONTROL & PREVENTION DISTRICT Nine (9) vacancies with terms concurrent with Council terms. (Each Council Member appoints a board member, subject to confirmation by the full Council). The Corpus Christi Crime Control and Prevention District is dedicated to crime reduction programs and the adoption of a proposed sales and use tax at a rate of one- eighth of one percent. The District will consist of the same number of members as the City Council. A member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as per Texas Local Government Code 363.1015. 2-16-2021 Name District Status Category Frank Arriaga Jr District 4 Applied Council Member Martinez's Rep. Neely E. Balko District 1 Applied Council Member Lerma's Rep. *Curtis T Clark District 5 Applied Council Member Molina's Rep. Fred Edler District 4 Seeking reappointment Council Member Smith's Rep. Sandy J Fernandez District 3 Applied Council Member Hunter's Rep. David Gonzalez District 5 Applied Mayor Guajardo's Rep. Jim D Kaelin District 5 Seeking reappointment Council Member Hernandez's Rep. Ryan A Martinez District 2 Applied Eli McKay District 1 Applied Elizabeth Perez District 4 Applied Melissa Rios District 1 Applied Rene Saenz District 3 Seeking reappointment Council Member Barrera's Rep. Douglas M. Salik District 5 Applied Ronald S Smith District 4 Applied Marshal Tong District 1 Applied Council Member Pusley's Rep. *Currently serves on the Airport Board. Willing to resign if appointed. Applicants CRIME CONTROL & PREVENTION DISTRICT Duties Composition Member size Term length Term limits 9 2 years 6 years Name District Term Appt. date End date Appointing AuthorityPosition Status Category Attendance Ida A Hobbs District 5 1 2/12/2019 11/5/2020 City Council Seeking reappointment 6/9 meetings 66% (2 excused absence) Alice Nixon District 5 2 6/14/2016 11/5/2020 City Council Chair Seeking reappointment La Retama Club 9/9 meetings 100% Roberta H Sewell District 2 1 3/26/2019 11/5/2020 City Council Not seeking reappointment Friends of the Libraries Board David B Watson District 4 Partial 7/14/2020 11/5/2020 City Council Resigned Kirby D Tello District 2 1 7/14/2020 11/5/2021 City Council Resigned Dr. Vickie C. Natale District 2 1 11/6/2019 11/5/2021 City Council Active Nicole Carroll District 4 2 11/6/2019 11/5/2021 City Council Active Julie T Rogers District 1 2 11/6/2019 11/5/2021 City Council Active Candace S Hart District 1 2 11/6/2019 11/5/2021 City Council Active Nine (9) voting members which nine (9) members shall be appointed by the City Council with terms of two (2) year or until a successor is appointed. A member in each of the following categories is preferred but not required: La Retama Club and Friends of the Corpus Christi Public Libraries Board. The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. Five (5) vacancies with terms to 11-5-2021 and 11-5-22, representing the following preferred, but not required categories: 1 - La Retama Club, 1 - Friends of the Library Board and 3 - Regular Member. (The Friends of the Corpus Christi Libraries Board nominated Sharron Hines) LIBRARY BOARD 2-16-2021 Name District Status Category Nora Fazio District 4 Applied Regular Member Nicholas A Fernandez District 5 Applied Regular Member Sharron k Hines District 4 Applied Friends of the Libraries Board Ida A Hobbs District 5 Seeking reappointment Regular Member Breanna Martinez District 3 Applied Regular Member Melanie Mora District 4 Applied Regular Member Alice Nixon District 5 Seeking reappointment La Retama Club Elizabeth Perez District 4 Applied Regular Member Melanie Salinas District 4 Applied Regular Member Veronica Towns District 5 Applied Regular Member Roslyn Michele Wanzer District 2 Applied Regular Member Dora A Wilburn District 2 Applied Regular Member LIBRARY BOARD Applicants Duties Composition Member size Term Length Term Limit 5 2 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Stephanie Brown District 2 1 3/17/2020 2/28/2021 City Council Vice-Chair Seeking reappointment At-Large 3/4 meetings 75% Gary R Burger District 5 1 3/17/2020 2/28/2021 City Council Seeking reappointment RSVP Vol. Station 3/4 meetings 75% Silvia V Facundo District 3 1 3/17/2020 2/28/2022 City Council Resigned SCP Volunteer Joann Arevalo District 4 1 3/17/2020 2/28/2022 City Council Chair Active RSVP Volunteer Betsy Miller District 5 1 3/17/2020 2/28/2022 City Council Active SCP Vol. Station The committee shall consist of five (5) members. One (1) member shall be a current Senior Companion Program ("SCP") volunteer, one (1) member shall represent the SCP Volunteer Station; one (1) member shall be a current Retired and Senior Volunteer Program (“RSVP”) volunteer; one (1) member shall represent the RSVP volunteer station; and one (1) member shall be at large. Of the initial members, three (3) members shall serve a two-year term and two (2) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. The Committee shall act as an advisor to the City Council, City Manager and Parks Department staff regarding the Senior Companion Program and the Retired and Senior Volunteer Program. Three (3) vacancies with term to 2-28-2022 and 2-28-2023, representing the following categories: 1 - At-Large, 1 - RSVP Volunteer Station, 1 - SCP Volunteer. (Staff is recommending realignment of Stephanie Brown from At-large to SCP Volunteer category. Staff is also recommending the postponement of the At- Large position for further recruitment). SENIOR CORPS ADVISORY COMMITTEE 2-23-2021 Name District Staus Category Gary R. Burger District 4 Seeking reappointment RSVP Volunteer Station At-Large Stephanie M. Brown District 2 Seeking reappointment SCP Volunteer Station At-large SENIOR CORPS ADVISORY COMMITTEE Applicants Duties Composition Member Size Term Term Limit 9 3 6 Name District Term Appt. date End date Appointing Authority Position Status Attendance Almira Flores District 4 1 11/7/2017 9/1/2020 City Council Seeking reappointment 4/4 meetings 100% Gargi Bhowal District 5 1 8/27/2019 9/1/2022 City Council Resigned Jason Page District 4 Partial 1/14/2020 9/1/2020 City Council Not seeking reappointment John Garcia District 5 Partial 1/14/2020 9/1/2020 City Council Forfeited his position upon filing as City Council Candidate Deacon Mark C Arnold District 4 1 9/18/2018 9/1/2021 City Council Active Melody H. Cooper District 3 1 11/7/2017 9/1/2021 City Council Chair Active Fernando Moral-Iglesias District 5 Partial 2/18/2020 9/1/2021 City Council Active Luis F Cabrera District 2 1 8/27/2019 9/1/2022 City Council Active Susane "Westi" Horn District 5 1 8/27/2019 9/1/2022 City Council Active Parks and Recreation Rep.N/A N/A N/A Ex-Officio, Non-voting Active C.C. Int. Airport Rep.N/A N/A N/A Ex-Officio, Non-voting Active Mayor's Office Rep.N/A N/A N/A Ex-Officio, Non-voting Active The Committee shall consist of nine (9) members who shall be appointed by the City Council and shall serve three-year terms. In addition, representatives from the following City departments shall serve as ex-officio, non-voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent, the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment, will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at-large. The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. Four (4) vacancies with term to 9-1-2022 and 9-1-23. SISTER CITY COMMITTEE 1-16-2021 Name District Status Carmen Aguirre District 4 Applied Nora Fazio District 4 Applied Almira Flores District 4 Seeking reappointment Valerie Harbolovic District 4 Applied Yan Yan He District 5 Applied Emma Manda District 2 Applied Pedro Olivares District 3 Applied Mirza Pearson District 3 Applied Terri Cissi Whipple District 3 Applied Sister City Committee Applicants Duties Composition Member size Term length Term limit 9 2 Years 6 Years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Larisa A Ford District 4 Partial 1/14/2020 12/11/2020 City Council Seeking reappointment 6/6 meetings 100% Terry A Palmer District 4 2 1/31/2017 12/11/2020 City Council Chair Seeking reappointment 7/7 meetings 100% Jyoti Patel District 4 2 4/19/2016 12/11/2020 City Council Seeking reappointment Hotel/Condo Owner 5/7 meetings 71% (2 excused absences) Lauren M. Hutchison- Williams District 4 1 1/22/2019 12/11/2020 City Council Seeking reappointment Scientist 5/7 meetings 71% (2 excused absences) Meredith Darden District 1 2 12/19/2017 12/11/2021 City Council Vice-Chair Active CVB Daniel E Mazoch District 4 2 12/19/2017 12/11/2021 City Council Active Engineer Harrison A McNeil District 4 1 1/14/2020 12/11/2021 City Council Active Mukesh Subedee District 2 3 12/15/2015 12/11/2021 City Council Active Environmentalist Dr. Philippe Tissot District 2 2 12/19/2017 12/11/2021 City Council Active WATERSHORE AND BEACH ADVISORY COMMITTEE Four (4) vacancies with terms to 12-11-2022 representing the following preferred, but not required categories: 1 - Hotel/Condo Owner, 1 - Scientist and 2 - Regular Members. The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. Nine (9) members appointed by the City Council for two-year terms. Membership in one or more of the following categories is preferred but not required: Scientist, i.e., Marine Biologist, Engineer, Environmentalist, owner or representative of a hotel or condominium located on North Padre Island or Mustang Island, and a board member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. 2-16-2021 Name District Status Category Larisa A Ford District 4 Seekign reappointment Scientist Environmentalist Danny C. Graves District 4 Applied Scientist Environmentalist Lauren H. Williams District 4 Seekign reappointment Scientist Terry A Palmer District 4 Seekign reappointment Scientist Environmentalist Jyoti Patel District 4 Seekign reappointment Hotel/Condo Owner WATERSHORE AND BEACH ADVISORY COMMITTEE Applicant DATE: December 10, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, financial guarantees, zero lot line development, residential development standards, place of worship use, clustered development overlay district, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, and adding and removing language to ensure consistency with adopted local, State and Federal codes. Amendments are to promote public safety and facilitate development and re-development. SUMMARY: The purpose of this item is to modify current requirements & restrictions to improve overall functionality and efficiency of the Unified Development Code “UDC” through various amendments. BACKGROUND AND FINDINGS: Pursuant to Section 3.2.1 of the UDC, amendments to the UDC may come be made from time to time in order to establish and maintain sound, stable and desirable development; correct errors in the text; or, adjust the text of the UDC to changing conditions in a particular area in the City. As part of the amendment process, public outreach occurred with the Development Services Technical Advisory Group, Coastal Bend Home Builders Association and Associated General Contractors South Texas Chapter. The proposed amendments were presented to the Planning Commission and received a recommendation of approval. The proposed text amendments are summarized below. Editing/Clarifying Amendments Editing/Clarifying Amendments are changes that remove redundant and conflicting language or provide additional clarification for an adopted standard without requiring a change in current policy, which include removing conflicting language, specific code citations to reduce the number of future amendments, and combining uses to remove redundancy and streamline the Code. 2020 Code Cycle Unified Development Code Amendments AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/9/21 Second Reading Ordinance for the City Council Meeting 2/16/21 • Remove conflicting language between the UDC and Code of Ordinances, State or Federal Law for: • Air Installation and Compatible Use • Farmers Market • Outdoor Displays • Animal Pens • Change language to ensure State Law and Standards are met for: • Changing “Mentally retarded” to “Intellectual disability” to be consistent with Rosa’s Law • Remove quasi-judicial and legislative decisions that are dictated by State Law for Planning Commission, Landmark Commission and Zoning Board of Adjustments. • Remove specific reference to local, State and Federal Code citations for: • Final plat review criteria • Change “Director of Planning” to “Director of Development Services” • Amend signs table to align with adopted Billboard text Minor Amendments Minor amendments are changes that change the Code's intent without a policy change, which include consolidating uses, promoting rehabilitation, and revising and clarifying definitions. • Allow for appeals to be considered by the Assistant City Manager of Development Services prior to City Council consideration for Proportionality of Municipal Infrastructure cost. • Incentivizing development of distressed historic buildings: • Adaptive Reuse Encourage the development of a diverse community downtown for both residential and commercial and define rehabilitation (Historic). • Certificate of Appropriateness Established a timeframe that begins upon a certificate of appropriateness application being deemed complete. • Combine “community service” and “Places of Worship” uses to be consistent with the Religious Land Use And Institutionalized Persons Act of 2000 (RLUIPA) 42 U.S.C §§2000cc, et seg. RLUIPA provisions protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws. • Consolidate mixed-use options into a single mixed-use • Revised and add clarifying definitions Policy Change Policy change amendments are changes that change the intent of the Code and require a policy change, which include the appeal process, administrative exemptions allowances, reducing lot sizes, reducing side yard setbacks for accessory dwelling units, promoting public safety, and responsible development and facilitating development and redevelopment. • Administrative Exemptions • Allow for administrative exemptions for sidewalks in an already developed residential area that does not have existing sidewalks. • Promoting Public Safety • Revise current language to be consentient with the International Residential Code to disallow eaves in easements. • Require proper driveway spacing, visibility triangle and limit mid-block obstructions • Require canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of frontage on an arterial or collector street right-of-way for off-street surface parking areas constructed and located behind the principal building which are screened from the view of the Arterial or Collector right-of-way in mixed use development pattern. • Accessory/Lots • Reduce side yard setbacks for non-habitable accessory • 5-feet for detached non-habitable structures without residential use in RE • Increase the allowable detached accessory dwelling units in: • 1000 maximum total square footage of habitable space for FR, RE and RS-22 • 800 maximum total square footage for RS-15 and RS-10 • 500 maximum total square footage for RS-6 and RS-4.5 with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. • • Reduce lot size/setbacks in: • Minimum lot width • RE from 150 to 100 • RS-22 from 100 to 75 • RS-10 from 80 to 50 • Side yard setback • RE (single) from 25 to 15 • RE (total) from 50 to 30 • Trust Funds/Developer Guarantees • Add language to Water and Wastewater trust funds to be consentient with the Texas Local Government Code and simplify the reimbursement equations. • Remove Stormwater trust fund • Facilitating development and redevelopment • Provide an exemption for existing non-conforming lots to remain non-conforming after a natural disaster or when utilizing local, State or Federal funding for the reconstruction or rehabilitation. • Remove zero lot line development from the UDC. • Provide density bonuses in mixed use development for low impact development and improved parking • Reduce parking requirements for utilizing low impact development features • Allow for a reduction in parking by utilizing cross access agreements or easements and short-term bike parking spaces (bike racks) and/or long- term bike parking spaces (bike storage lockers). • Encourage alternatives to demolition for Historic properties by extending the maximum allowed days for: • Stay of demolition from 120 to 365 days • Driveway approaches from 60 to 365 days • “Removal or Amendment of Historic Designation” a Stay on a commercial parking use or a driveway approach may be considered for a period up to 365 days after recommendation of the Landmark Commission and City Council final action to remove a historic layer. Public Outreach Public Outreach was conducted throughout the 2020 Code Cycle with active engagement with the following stakeholders: Development Services Technical Advisory Group (DSTAG) -created to assist City Staff with vetting all proposed amendments to ensure that language brought forward for consideration is well rounded and incorporated and addressed concerns from a diverse group of stakeholders. DSTAG Members: 2 Planning Commissioners 1 Representative from the Coastal Bend Home Builders Association 1 Representative from Associated General Contractors Commercial 1 Insurance Agent 1 Realtor 1 Property Owners Association/Homeowners Association 1 Engineer 1 Architect DSTAG Meetings: • 03/02/2020 • 06/08/2020 • 06/29/2020 • 08/03/2020 • 08/24/2020 • 09/14/2020 Additional Stakeholder Outreach included posting the proposed amendments and summary table for public comment on the City website for comment the first week of November. Additionally, staff provided the summary table and amendments to the Coastal Bend Home Builders Association, Associated General Contractors and a previously established UDC stakeholder group. Staff met with representatives from the Coastal Bend Homeowner Association on December 4, 2020 to further discuss the amendments prior to consideration. ALTERNATIVES: 1. Adjustment of the proposed text amendment language. 2. Denial of the proposed text amendments. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: City Staff and the Planning Commission recommend approval. The Planning Commission recommended approval during a public hearing on December 9, 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 72 Ordinance amending the Unified Development Code amending defined terms, administrative exemptions, design standards, fees, appeals, stays of demolition, zero lot line development, residential development standards, place of worship use, mixed-use overlay district, streetscape zone standards, neighborhood mixed-use development standards, trust fund policy, nonconforming structures, driveway spacing, visibility and mid-block obstructions, development incentives , combine uses, reducing setbacks, increasing allowable accessory dwelling units, signs in commercial districts and adding and removing language to ensure consistency with adopted local, State and Federal codes; and providing for penalty. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2020, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, January 12, 2021, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, amendments are to promote public safety and facilitate development and re- development; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 1 “General Provisions”, Section 1.11 Definitions, Subsection 1.11.3 Defined Terms is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 1.11 Definitions 1.11.3 Defined Terms * * * * * Block: A group of lots surrounded by public or private streets or roads. * * * * * Collection Line: A wastewater line of less than 15" diameter and smaller that conveys wastewater. * * * * * Cross access agreement or easements an area intended to promote better vehicular access and circulation to and from the parcel with a dedicated drive aisle. * * * * * Distribution Mains: Water Mmains of less than 12 inches inside diameter, or smaller, connected to the supply mains that provide fire protection and domestic service. * * * * * Page 2 of 72 Farmers Market: A use in an unenclosed, permanently-roofed structure engaged in the retail sale of fresh fruit, vegetables and other items as permitted by this Code. * * * * * Grid Mains: Water Mmains of 12 inches inside diameter, or larger, that serve as distribution supply mains and are not to exceed 6,000 feet in length between cross connection mains. Grid Loop: That portion of the water grid system where the grid main is completely closed around an approximate square mile area, or as permitted by the distribution system standards up to a maximum of an approximate square mile area. Grid System: The transmission and distribution system created to deliver the supply and demand of electricity water for provisions of fire protection and domestic service consumers. * * * * * Low Impact Development (LID) strategies are structural stormwater Best Management Practices and planning techniques that are intended to reproduce predevelopment hydrologic conditions by reducing impervious surfaces and infiltrating, evaporating, and storing stormwater runoff using native or improved soils, vegetation, and bioengineering. LID practices include, but are not limited to, bioretention, bioswales, permeable sidewalks, planter boxes, sand filter, vegetated filter strips, green roofs, constructed wetlands, rainwater collection devices such as cisterns, and rain gardens. * * * * * Open Space: Property under public or private ownership which is unoccupied or predominately unoccupied by buildings or other impervious surfaces (excluding impervious surfaces used for amenities, i.e. sidewalks, trails, basketball courts, swimming pools, etc.) and is used for parks, recreation, agriculture, conservation, preservation of native habitat and other natural resources, surface water impoundment, historic, or scenic purposes. * * * * * Semi-attached: Single family house that shares one common wall with the next house. * * * * * Trunk Line: A wastewater line of 185" or greater diameter and larger which conveys wastewater. * * * * * Visibility Obstruction: An object which blocks the view of a motorist either at a private driveway with an intersecting street or at two intersecting streets. Visibility Triangle: An imaginary triangle located at the intersection of two public streets or at the intersection of a street and private driveway. At the intersection of two streets, the dimensions of the visibility triangle shall be as per the dimensions specified in Subsection 4.9.2. At the intersection of a street with a private driveway, the visibility triangle shall be formed by the intersection of the street boundary line and the pavement line of the driveway, with the hypotenuse (or third side of the triangle) connecting the street pavement line and the pavement line of the driveway at distances from their intersection equal to 20 feet along the driveway and 30 feet along the street pavement line. * * * * * Page 3 of 72 SECTION 2. UDC Article 2 “Unified Development Code Organizations and Officers”, Section 2.10 Assistant Director for Planning, Subsection 2.10.1 Powers and Duties is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §2.10 Assistant Director for Planning Development Services § 2.10. Assistant Director for Planning Development Services 2.10.1. Powers and Duties The following powers and duties may be assigned to the Assistant Director for Planning Development Services under this Unified Development Code. Additional powers and duties may be assigned under other portions of the Municipal Code and non-codified ordinances or by the Assistant City Manager of Development Services. A. Review and Recommendations The Assistant Director for Planning Development Services, upon assignment by the Assistant City Manager of Development Services, shall review and make a recommendation on the comprehensive plan, zoning and rezoning requests, text amendments, landscape plans and permits, and on such other items as may be assigned. SECTION 3. UDC Article 3 “Development Review Process”, Section 3.1 Common Review Procedures, Subsections 3.1.6.C Fees and Subsection 3.1.10 Appeals; Section 3.4 Historic Overlay District or Landmark Designation, Subsection 3.4.2 Review Process; Section 3.8 Subdivision Plat Review, Subsection 3.8.5 Final Plat; Section 3.9 Proportionality of Municipal Infrastructure Costs, Subsections 3.9.3, 3.9.4 and 3.9.6; Section 3.16 Certificate of Appropriateness for Demolition, Subsections 3.16.2 Review Process and 3.16.3 Stay of Demolition is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §3.1 Common Review Procedures 3.1.6 Application Requirements * * * * * 3.1.6.C Fees * * * * * 5. An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its determination of completeness, shall be entitled to a refund, less the refund fee as published in the Development Services fee schedule, Chapter 14 of the Municipal Code, of the total amount paid upon written request to the Assistant City Manager of Development Services. * * * * * Page 4 of 72 3.1.10 Appeals A. Administrative Decisions With the exception of decisions on building permits, certificates of occupancy and floodplain permits, any person aggrieved by the decision of an administrative official regarding the provisions of this Unified Development Code may appeal to the Board of Adjustment in accordance with Section 3.27. Any applicant who disagrees with any final agency determinations in the form of written interpretations of this Code by a duly authorized administrative official is required to appeal the interpretation to the appropriate board designated to hear such appeals before seeking other relief. Any party who disagrees with any staff interpretation of this Code or of the Building and Technical Construction Codes is required to obtain a written interpretation from the administrative official authorized to interpret the code in question prior to taking any other action. Absent a ruling on an appeal that overturns the staff interpretation, the staff interpretation shall stand in force until such time as it is amended by formal written determination of an official authorized to interpret the applicable Code provision or by a Code amendment. The process for making formal written determinations and the requirement for properly and timely filing appeals by aggrieved parties shall be vigorously enforced and supported within the City government. B. Quasi-Judicial and Legislative Decisions Any party aggrieved by a decision of the Landmark Commission, Board of Adjustment, Building Code Board of Appeals, Planning Commission, or City Council may appeal per applicable state law. to a court of competent jurisdiction. BC. Construction Any Party aggrieved by a decision on matters regulated in one of the criteria manuals found in an Appendix of this Unified Development Code by a decision related to construction plans as provided in Subsection 3.8.4, may appeal to the Building Code Board of Appeals in accordance with Sec. 14- 226 of the Municipal Code as it may be amended from time to time. * * * * * § 3.4 Historic Overlay District or Landmark Designation * * * * * 3.4.2 Review Process * * * * * 3.4.2.E Removal or Amendment of Designation The designation of an historic overlay zoning district or landmark may be amended or removed using the same procedure provided by this Section for its designation. Whenever a designated landmark or a contributing structure in a historic overlay zoning district has been demolished, Page 5 of 72 removed, or altered in whole or in part, the Landmark Commission shall recommend to the City Council whether the designation should be retained or removed. Furthermore, a maximum of 365-day stay of demolition may be imposed by the City Council upon the recommendation of Landmark Commission and final action to remove a historic layer. * * * * * § 3.8 Subdivision Review * * * * * 3.8.5 Final Plat * * * * * 3.8.5.D. Review Criteria A final plat with a previously approved preliminary plat shall be approved if it meets all of the criteria: 1. The final plat is consistent with an approved preliminary plat and the approved master preliminary plat. 2. The final plat is consistent with any required rights-of-way and easements. 3. The final plat is in compliance with any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044 governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety or general welfare of the City and the safe, orderly and healthful development of the City. * * * * * §3.9 Proportionality of Municipal Infrastructure Cost * * * * * 3.9.3 An applicant who disputes the determination made in Section 3.9.2 above may appeal first to the Assistant City Manager of Development Services and then if warranted City Council. At the time of appeal, the applicant may present evidence and testimony under the procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the Assistant Director of Development Services or City Council shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the applicant. 3.9.4 Page 6 of 72 An applicant may appeal the determination of the City Council to a county court at law or district court in Nueces County within 30 days of the final determination by the City Council. An applicant who prevails in an appeal under this Subsection is entitled to applicable costs and to reasonable attorney’s fees, including expert witness fees. * * * * * 3.9.6 An applicant who prevails in an appeal under this Subsection is entitled to applicable costs and to reasonable attorney’s fees, including expert witness fees. * * * * * §3.16 Certificate of Appropriateness for Demolition * * * * * 3.16.2 Review Process B. Landmark Commission Final Action 1. Following notice in accordance with Subsection 3.1.7, the Landmark Commission shall hold a public hearing and approve, approve with conditions, or deny the certificate of appropriateness for demolition. Any action taken by the Landmark Commission to demolish, change the exterior of or remove property on the preservation plan shall require a favorable vote of at least a majority of the Landmark Commission members. 2. The Landmark Commission shall hold a public hearing on a certificate of appropriateness for demolition within 60 days from the date the certificate of appropriateness for demolition application is deemed complete. 3.16.3. Stay of Demolition A. The Building Official shall automatically impose a 60-day stay of demolition or removal at the time a permit is requested unless public health, safety and welfare are threatened. B. If the Landmark Commission denies the certificate of appropriateness for demolition, a maximum of 120365-day stay of demolition from the initial date of the application may be imposed by the Landmark Commission and any interested parties may explore alternatives to demolition. During the stay of demolition period, no demolition or removal permit shall be granted. * * * * * Page 7 of 72 SECTION 4. UDC Article 4 “Base Zoning Districts Table of Contents”, Section 4.2 Measurements, Subsections 4.2.2 Lot Area, 4.2.5 Yards, 4.2.9 Visibility Triangle and 4.2.10 Back to Back; Section 4.3 Single Family Residential Districts, Subsections 4.3.2 Permitted Uses, 4.3.3 Residential Design Standards and 4.3.5 Zero Lot Line Development; Section 4.4 Multifamily Residential District, Subsection 4.4.2 Permitted Uses, Subsection 4.4.3 Residential Development Standards; Section 4.5 Commercial Districts, Subsection 4.5.2 Permitted Uses is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 4.2 Measurements * * * * * 4.2.2 Lot Area A. Lot area shall be measured as the area contained within the property lines of a lot, excluding any street, easement for street purposes, street right-of-way and all lands seaward of the state-owned water boundary. B. There shall be one single-family dwelling per lot or as otherwise stated in this Code. C. Individual lots in new developments or a replat with more than five lots may deviate up to 10% from the minimum lot area, provided that the average lot area in the project shall equal or exceed the minimum lot area for the zoning district. In no case shall the maximum density for the zoning district be exceeded due to such reduced lot size. D. A lot may consist of one or more portions of adjacent lots under single ownership so long as the lot area per dwelling unit, lot width, yard and lot coverage requirements, and other requirements of this Article are maintained. This requirement shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes. E. Except for semi-attached and zero lot line houses described in Subsection 4.3.5 and townhouses described in Subsection 4.4.4, no building shall be permitted to be placed upon a lot line. * * * * * Page 8 of 72 4.2.5 Yards * * * * * 4.2.5.D Features Allowed Within Required Yards The following features may be located within a required yard subject to visibility triangle and Section 4.2.9 : 1. Landscape features and irrigation; 2. Open, unobstructed, unenclosed porches, decks or patios that do not extend above the level of the first floor of the building and that do not extend or project into the front or side yard more than 6 feet; 3. Sidewalks, fences and walls; 4. Fences and walls; 45. Minor utilities as described in Subsection 5.1.3.J; 56. Mechanical equipment such as air conditioning units, pool pumps and similar equipment, provided that no such equipment shall be permitted in a required street yard and provided that such equipment shall be set back a minimum of 3 feet from a street or, side or rear yard or 1 foot from a side or rear lot line; 67.Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features that do not extend more than 24 inches into any required yard must comply with the International Residential Code. ;or If any of the above features extend into a public utility or drainage easement (with the exception of eaves), replacement costs shall be the responsibility of the owner. 4.2.5.E Single and Two-family Residential Driveways Parking 1. The parking of vehicles shall be prohibited in any required street yard except on a paved surface. 2. The cumulative area of any driveway, plus any impermeable surface area located in the required street yard, shall not exceed 70% of the area of the required street yard. 3. Residential parking shall be made of an all-weather dust-proof surface, such as asphalt, caliche, concrete or brick. 4. Exceptions: Lots of 15 acres or greater with a minimum driveway apron depth of 50 feet from the edge of street made of an all-weather dust-proof surface are exempt from residential parking driveway requirements. * * * * * Page 9 of 72 4.2.9. Visibility Triangle Obstructions A. On any corner lot, a visibility triangle shall be established. The visibility triangle shall be formed by extending lines from the intersection of two streets to points 20 feet from the corner of the intersecting streets and then connecting the two points to form a triangle. B. No construction, planting or grading visibility obstruction shall be permitted to interfere with the sightvisibility triangle between the heights of 30 inches and 7 feet as measured from the crowns of the adjacent streets. C. No visibility obstructions shall be permitted in the area where a private driveway intersects with a street boundary line and the pavement line of the driveway, with the hypotenuse (or third side of the triangle) connecting the street pavement line and the pavement line of the driveway at distances from their intersection equal to 20 feet along the driveway and 30 feet along the street pavement line. 4.2.9.B Visibility Triangle/Obstructions Page 10 of 72 4.2.9.B Visibility Triangle/Obstructions Page 11 of 72 4.2.10 Back-to-Back Adjacent Lots A street yard on the side of a corner lot abutting the street shall be a minimum of not less than ten (10) feet back of the street right-of-way when such a lot is back to back with another corner lot and not less than the required minimum front yard in every other instance. A. A street yard on the side of a corner lot abutting the street shall be a minimum of not less than ten (10) feet back of the street right-of-way when such a lot is back to back to with another corner lot. B. For corner lots abutting a lot, where there is not a back to back, the street yard shall in no case be less than the average of the two adjoining street yards. C. If a corner lot is abutting a parcel that is (i) unplatted, (ii) not identified on a preliminary plat (iii) zoned Farm Rural or is outside city limits, then the corner lot street yard on the same street as the abutting parcel shall be a minimum street yard ten (10) feet. * * * * * § 4.3 Single-Family Residential Districts * * * * * 4.3.2 Permitted Uses The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the single- family residential zoning districts. Uses may be subject to additional limitations specified in Section 6.5 when located inside a Navy Air Installation Compatible use Zone (AICUZ) (including Clear and Accident Potential Zones 1 2). Table 4.3.2 Permitted Uses (Single-family districts) SINGLE-FAMILY DISTRICTS P = Permitted Use; SP = Special Permit; L = Subject to Limitations; [blank cell] = Not Permitted; SUE = Special Use Exception FR RE RS- 22 RS- 15 RS - RS- 6 RS- 4.5 Standards Residential Uses Single-family detached house except: P P P P P P P --- Industrialized / Modular Housing L L L L L L L 4.3.7 --- Manufactured Housing 6.1.1 Zero lot line house [RE provides for 1 acre lots whereby zero lot line configurations are not necessary.] L L L L L L 4.3.5 * * * * * Page 12 of 72 4.3.3. Residential Development Standards Table 4.3.3 Residential Development (single-family districts) SINGLE-FAMILY DISTRICTS FR RE RS-22 RS-15 RS-10 RS-6 RS- 4.5 Min Lot Area 5 ac. 1 ac. 22,000 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 1500 10075 50 850 50 45 Min. Yards (ft.) 25 25 20 Street 50 250 25 25 Street (corner) 25 25 See 4.2.10 Side (single) 25 2151 10 5 5 5 5 Side (total) 50 5301 20 10 10 10 10 Rear 25 15 10 5 5 5 5 Min. Open Space 30% 30% 30% 30% 30% Max. Height (ft.) 45 35 35 35 35 35 35 1 Reduced side yard setback to 5- feet for detached non-habitable structures without residential use only. All developments shall be required to comply with this Section and all other requirements of this Code. In the event of a conflict between those requirements and this Section, the requirements of this Section shall prevail. Minimum lot sizes and widths Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which development is proposed. 1. Dwelling Unit Setback a. Front Yard Setback All structures shall be set back from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. b. Rear Yard Setback All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to 5 feet from any property line, but not in any easement. Page 13 of 72 c. Street Corner Setback The minimum street corner setback shall be the same as the zoning district in which the development is proposed. 2. Accessory Buildings and Structures Accessory Uses and Structures shall comply with Section 5.3 * * * * * 4.3.5 Zero Lot Line Residential Development 4.3.5 Zero Lot Line Residential Development 4.3.5.A Purpose The zero line form of residential development: 1. Provides for the more efficient use of land, as compared with the typical single-family development, making available needed housing at a more affordable cost. 2. Provides for the design of dwellings that integrate and relate internal and external living areas resulting in more pleasant and enjoyable living facilities; and 3. Provides for outdoor space to be grouped and utilized to its maximum benefit by placing the dwelling against one of the property lines. Page 14 of 72 4.3.5.B Permitted Zoning Districts 1. A zero lot line development, with a maximum gross density that does not exceed the limitations for the zoning district in which the zero lot line development occurs, may be permitted in the districts identified in Subsections 4.3.2, 4.4.2, and 4.5.2 following approval of a subdivision plat and development site plan by the Planning Commission after a public hearing. 2. The Planning Commission public hearing shall be scheduled following approval of the site plan(s) and subdivision application(s) by the Department of Development Services. 3. The review shall involve other City departments for compliance with all relevant City codes and standards and this Article. 4. No building permit for such development shall be issued until the subdivision plat is recorded. 5. Where the regulations included herein conflict with regulations included in the individual districts or other sections of this Code, the regulations for zero lot line development in this Section shall apply. 6. If this Section is silent regarding a requirement found elsewhere in this Code applicable to a proposed development, the more restrictive requirement shall apply. 4.3.5.C Land Uses and Structures Permitted 1. Detached one-family dwellings on individually-platted lots, including those customary accessory uses not inconsistent therewith, shall be permitted. 2. Fencing, walls, trellises, and other similar structures can be used as connecting elements between one-family dwellings on adjacent lots subject to site plan review and Building Code/Fire Code compliance. 3. Garages, carports and utility storage structures shall be permitted accessory uses. However, said structures shall not be used as connecting elements, and their spacing from principal structures shall not be inconsistent with any applicable building or fire code requirements for the type of construction and occupancy proposed in each case. 4.3.5.D Development Parameters All zero lot line developments shall be required to comply with this Section and all other requirements of this Code. In the event of a conflict between those requirements and this Section, the requirements of this Section shall prevail. All applications for a zero lot line development additionally shall comply with the following development parameters: 3. Minimum lot sizes and widths Minimum lot sizes and widths shall be the same as prescribed for single family homes in the zoning district in which the zero lot line development is proposed. 4. Dwelling Unit Setback a. Interior Side Yard The dwelling unit or a portion thereof shall be placed on one interior side property line with a Page 15 of 72 zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of 10 feet excluding the connecting elements such as fences, walls and trellises. Units are not required to be placed on the zero lot line property line, however, when said units fall at the end of a sequential row of units and where said units cannot be placed on a separate zero lot line without attaching the unit to an adjacent unit. In that event, a minimum spacing of 10 feet shall be provided from the dwelling on the adjacent zero lot line lot. Patios, pools, garden features and other similar elements shall be permitted within the 10 foot setback area; provided, however, no structure, with the exception of fences or walls, shall be placed within easements required by subparagraph 4.3.5.D.6. b. Front Yard Setback All structures shall be set back from the front property line the minimum distance required for the front yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. c. Rear Yard Setback All structures shall be setback from the rear property line the minimum distance required for the rear yard by the zoning district regulations applicable to the zoning district in which the proposed development is located. Accessory pools, sheds, and other permitted accessory buildings shall only be permitted to encroach within the required rear yard up to 5 feet from any property line, but not in any easement. d. Street Corner Setback The minimum street corner setback shall be the same as the zoning district in which the zero lot line development is proposed or 15 feet from the street corner property line, whichever is greater. 5. Accessory Buildings and Structures Accessory buildings and structures shall be permitted in accordance with the zoning district regulations in which the zero lot line development is located, except that any more restrictive requirements herein shall apply. No accessory building shall be placed closer than 5 feet from the nearest point of a building on an adjacent lot, and no closer than 4 feet from the nearest point of the roof overhang from the building on an adjacent lot. No accessory fire pit, bar-b-que pit or structure intended for such purposes may be located closer than 6 feet from any part of any building. Accessory structures other than buildings, fire pits and bar-b-que pits may be closer than 5 feet from a building on an adjacent lot, but not within any platted easement, except as otherwise provided herein. Accessory buildings and structures shall comply with the following minimum setback requirements in the table below. Table 4.3.5.D Accessory Buildings and Structures Setbacks Pool, spa, gazebo and shed setbacks: Page 16 of 72 Table 4.3.5.D Accessory Buildings and Structures Setbacks Front 35' Rear 5' Interior sides 5' Street Corner 10% of lot width but not less than 15 feet Spacing from house for pools or spas 2' Spacing from house for structures 10' Screen enclosure and trellis setbacks: Front 20' Rear 5' Interior side 4' ZLL side 0' Street Corner 10' Accessory structures of 4 feet high or less: Front 35' Rear 5' Side(s) 5' 4. Rain Guttering Required Each building or structure constructed on the zero lot line with an overhang encroaching onto the adjoining property shall be constructed and maintained with rain guttering that prevents rain water run-off onto the adjoining property. 5. Prohibited Openings on the Zero Lot Line Side a. Openings shall be prohibited on the zero lot line side except as provided herein, and permitted by the applicable Building Code and Fire Code requirements. b. The wall of the dwelling unit located on the lot line shall have no windows, doors, air- conditioning units, or any other type of openings except as provided in this subparagraph. c. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit, and a solid wall of at least 6 feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. d. Windows shall not be permitted on the zero lot line. e. Windows shall be permitted on a building wall which is located perpendicular to the zero lot line property line or where said windows are located at least 10 feet from the property line. f. Windows shall be permitted on a building wall on the side of the building adjacent to the interior yard opposite the zero lot line side of the building. Page 17 of 72 6. Maintenance and Drainage Easements A perpetual 5 foot wall-maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. Building footings may penetrate the easement on the adjacent lot a maximum of 8 inches. 4.3.5.E Site Plan Review 1. Purpose The purpose of the site plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. 2. Required Exhibits The following exhibits shall be prepared by design professionals, such as architects, engineers, and landscape architects, and submitted to the Department of Development Services: a. A location map indicating existing zoning on the site and adjacent areas. b. Site plan at no less than 1 inch equals 100 feet, including the following information: i. Lot lines and setbacks; ii. Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features; iii. Landscaping in accordance with this Code; iv. Recreation facilities (if applicable); v. Stages or phases of development, if any; vi. Location of off-street parking; and vii. Location of on-street parking, if any. c. Indication of exterior graphics. d. Indication of design methods used to conserve energy. e. Floor plans and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit. f. Information indicating the following: i. Gross and net acreage; Page 18 of 72 ii. Lot sizes (dimensions and square footage); iii. Building heights and stories; iv. Building coverage for each lot; v. Amount of common open space in square feet (if applicable); and vi. Total trees provided and total trees required in accordance with this Code. g. Parking required and provided including the amount and location of on-street parking, if any, that is proposed to meet minimum parking requirements. h. Such other architectural and engineering data as may be required by the City staff to evaluate the project. The Department of Development Services may from time to time publish submission requirements for Zero Lot Line development applications. The submission requirements shall reasonably relate to information that the staff finds is needed to determine compliance with applicable laws, codes, and such policies and standards as may be adopted by the City Council. 3. Plan Review Standards The following criteria shall be utilized in the plan review process: a. Planning studies Planning studies and policies approved by the City Council that include development patterns or environmental and other design criteria shall be utilized in the plan review process. b. Definition of private outdoor living spaces The zero lot line units shall be designed to integrate interior and exterior living areas. The configuration of the exterior walls of the unit shall define and enclose and/or partially enclose outdoor living areas. c. Block length Visual monotony created by excessive block lengths shall be avoided. Block lengths in new subdivisions shall not exceed 660 feet. Block widths in new subdivisions shall not exceed 320 feet. Midblock pedestrian and vehicular access to alleys and through blocks shall be permitted; such access ways shall not exceed 40 feet in total width. In existing subdivisions being replatted to create a subdivision pursuant to these standards, it is recognized that block lengths and widths may need to correspond to the existing public street system. In replats of existing subdivisions where streets are already built, longer and wider blocks may be permitted. However in such replats when the standards of this Section limiting maximum block length and width can be met, these standards shall be met. When the existing street and infrastructure prevent meeting the block length and width maximum standards in this Section, mid-block vehicular and pedestrian, or pedestrian and bicycle, or pedestrian connections shall be required with the intent of maximizing the opportunities for vehicular and pedestrian access on a grid system. In addition, alleyway connections to streets in such Page 19 of 72 replats shall meet the standards of this Code for separation from other such connections, driveways, and street intersections. d. Landscape Landscape materials shall minimize the necessity for irrigation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site, visually screen incompatible uses from one another and ameliorate the impact of noise. e. Buffers Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided. f. Energy conservation Design methods to reduce energy consumption are encouraged. At least two of the following energy conservation methods shall be used: natural ventilation of structures and enhanced attic temperature control; site subdivision and orientation of structures in relation to prevailing breezes and sun angles; insulation of structures including but not limited to the use of insulating glass; and use of landscape materials for shade, transpiration, enhancing the cooling effects of summer breezes, and protecting against the chilling effects of winter winds. g. Graphics Outdoor graphics shall be designed as an integral part of the overall design of the project. h. Visual access Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be situated and set back so as to provide unobstructed visual clearance at a roadway intersection. i. Private open space Open space intended for the private use of each individual dwelling unit shall be so located and designed so as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units. j. Trash containers Trash containers shall be screened and designed to be conveniently accessible to their users and collectors. k. Visual screening with decorative walls In an effort to prevent graffiti vandalism, a decorative wall with landscaping may be utilized for walls abutting planned or dedicated rights-of-way. The wall shall be setback 3 feet from Page 20 of 72 the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good, healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one or more of the following planting materials: i. Shrubs Shrubs shall be a minimum of 3 feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting. ii. Hedges Hedges shall be a minimum of 3 feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting. iii. Vines Climbing vines shall be a minimum of 36 inches in height immediately after planting. l. Optional Metal Picket Fence A metal picket fence abutting a zoned or dedicated right-of-way may be constructed in lieu of a decorative wall, and landscaping shall not be required. 4.3.5.F Nonconforming zero lot line development 1. Any request for a change to a zero lot line plan, previously or hereafter approved, shall be reviewed and approved by the City Council following a public hearing and recommendation by the Planning Commission. Minor changes in order to adjust engineering construction plans needed to address conditions found on the site or in the existing infrastructure shall be approved by the Assistant City Manager of Development Services, and shall not require approval of the Planning Commission or the City Council. 2. Any zero lot line projects which were approved prior to the effective date of this Code shall remain in effect as approved unless modified or rescinded. Zero lot line projects approved prior to the effective date of this Code that have provisions for maintenance and drainage easements in home owners association documents or in subdivision plats of at least 4 feet in width along the zero setback lot line, and that provide for a minimum separation between principal buildings of not less than 10 feet, shall be permitted to have roof overhang encroachments across the common lot line of no more than 2 feet. Accessory structures permitted after the effective date of this Code shall comply with the requirements of this Code. * * * * * Page 21 of 72 § 4.4 Multifamily Residential Districts * * * * * 4.4.2 Permitted Uses * * * * * Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Residential Uses Single-family detached house P P P P P Zero lot line house L L L L L 4.3.5 Traditional house P P P P P Semi-attached house P P P P P Two-family house P P P P P Townhouse P P P P P P Apartment P P P P Cottage Housing Development P P P P P P 4.7 Group Living Uses except for: P P P P Nursing or convalescent home P P Group Home (6 or fewer residents) P P P P P P Community Home P P P P P P 5.2.26 Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Public and Civic Uses Community Service Uses [5.1.3.A] L L L L L L 5.2.3 Day care center L L L L L L 5.2.4 Day care home L L L L L L 5.2.4 Educational Facility Uses 5.1.3.C] P P P P P P Parks and Open Area Uses [5.1.3.F] except for: P P P P P P Cemetery, columbaria, mausoleum, memorial park SP for existing facilities expanding on same or adjacent properties Crematorium (human or animal) Passenger Terminal Uses [5.1.3.G] except for: P P P P P P Airport, helipad, heliport or landing field See Section 4.5.2 or Place of Worship Uses [5.1.3.H] P P P P P P Page 22 of 72 Table 4.4.2 Permitted Uses (multifamily districts) MULTIFAMILY DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted RS-TF RS-TH RM-1 RM-2 RM-3 RM-AT Standards Utilities, major [5.1.3J] except for: L L L L L L 5.2.6 Wind energy units L L L L L L 5.6.4 Utilities, minor [5.1.3J] P P P P P P Wireless telecommunication facility See Section 5.5 Commercial Uses Apartment hotel P Bed and breakfast home SP SP L L L L 5.2.8 Bed and breakfast inn P Extended-stay facilities P Hotel P Motel P Industrial Uses Storage of explosives or other hazardous materials SUE SUE SUE SUE SUE SUE Other Uses No uses in this category permitted § 4.4.3 Residential Development Standards A. Development standards for the Two-Family and Townhouse zoning districts shall be based on housing type in accordance with the tables below. Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) RS-TF DISTRICT SF Detached Zero Lot Line Attached Two- Family Min. Lot Area (sq. ft.) 6,000 6,000 Min. Lot Width (ft.) 50 50 Min. Site Area (sq. ft.) Per Site 6,000 6,000 Per Dwelling Unit 3,000 3,000 Min. Site Width (ft) 50 50 Min. Yards (ft.) 20 10 20 10 20 10 20 10 Street Street (corner) Side (single) Side (total) 5 5 0 10 0 5 5 5 Page 23 of 72 Table 4.4.3.A. Residential Development (Two-Family and Townhouse districts) RS-TF DISTRICT SF Detached Zero Lot Line Attached Two- Family Rear 5 5 5 5 Min. Open Space 30% 30% 30% 40% Max. Height (ft.) 35 35 35 45 * * * * * § 4.5 Commercial Districts * * * * * 4.5.2 Permitted Uses * * * * * Table 4.5.2 Permitted Uses (Commercial zoning districts) COMMERCIAL DISTRICTS P = Permitted Use; L = Subject to Limitations; SUE = Special Use Exception; SP = Special Permit; [blank cell] = Not Permitted CN- 1 CN- 2 ON CR- 1 CR- 2 CR- 3 CG- 1 CG- 2 CI CBD BP Standards Residential Uses Care takers quarters L L L L L L L L L L P 5.2.20 Townhouse P P P P P P P P Zero Lot Line L L L L L L L L 4.3.5 Multi family dwelling P P P P P P P P P Cottage Housing Development P P P P P P P 4.7 Upper-story residential unit within commercial business structures L L L L L L L L L P L 5.2.1 Group Living Uses [5.1.2.B] P P P P P P P P * * * * * * * * * * Page 24 of 72 SECTION 5. UDC Article 5 “Use Regulations”, Section 5.1 Use Categories, Subsections 5.1.3 Public and Civic Use Categories and 5.1.4 Commercial Use Categories; Section 5.2 Specific Standards, Subsection 5.2.9 Farmers Market; Section 5.3 Accessory Uses and Structures, Subsections 5.3.1 General and 5.3.2 Specific Accessory Uses and Structures is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 5.1 Use Categories * * * * * 5.1.3 Public and Civic Use Categories 5.1.3.A Community Service Public and Civic Use – Community Service Characteristics: Uses of a public, nonprofit, or charitable nature providing ongoing education, training, Sor Scounseling, or assembly for religious practice to the general public on a regular basis, without a residential component. Principal Uses Accessory Uses Uses Not Included • Aquarium • Art gallery • Church • Community center • Library • Mosque • Museum • Philanthropic institution • Senior centers • Synagogue • Temple • Youth club facilities • Zoo • Associated office Fellowship or parish hall • Food preparation and dining facility • Gymnasium • Health, arts and crafts, day care, and therapy area • Indoor or outdoor recreation and athletic facility • Limited retail sale • Meeting area/classroom for meeting or classes Off-street parking • On-site day care, school or facilities. • Satellite dish antenna under 3.2 feet* • Staff residences located on-site Stealth cell antennae • Alternative or post-incarceration facility (see Social Service) • Athletic or health club (see Retail Sales and Service) • Church, mosque, synagogue or temple (see Place of Worship) • Counseling in an office setting (see Office) • Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see Social Service) • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single-family residences (7 or more residents) (see Social Service) • Group home for drug and alcohol treatment (see Social Service) • Membership club or lodge (see Indoor Recreation) • Social Service use (see Social Service) • Transient lodging or shelter for the homeless (see Social Service) Soup kitchen (see Social Service) • Treatment center (see Social Service) Page 25 of 72 * * * * * 5.1.3.H Place or Worship * * * * * 5.1.3.IH Social Service Public and Civic Use - Social Service Characteristics: Uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs. Principal Uses Accessory Uses Uses Not Included • Alternative or post- incarceration facility • Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single- family residences (7 or more residents) • Group home for drug and alcohol treatment • Soup kitchen • Transient lodging or shelter for the homeless • Treatment center • Adult educational facility • Day care • Food services and dining area • Meeting room • Off-street parking • Satellite dish antenna under 3.2 feet* • Staff residences located on-site • Stealth cell antennae • Storage • Aquarium (see Community Service) • Art gallery (see Community Service) • Assisted living facility (see Group Living) • Cemeteries, columbaria, mausoleum, & memorial parks (see Parks and Open Areas) • Community center (see Community Service) • Community college (see Educational Facilities) • College, seminary or university (see Educational Facilities) • Elementary, middle or high school (see Educational Facilities) • Library (see Community Service) Museum (see Community Service) • Philanthropic institution (see Community Service) • Senior centers (see Community Service) • Youth club facilities (see Community Service) * * * * * 5.1.3.JI Utility * * * * * Page 26 of 72 * * * * * 5.1.4.E. Overnight Accommodation Commercial Use Categories - Overnight Accommodation Characteristics: Residential units arranged for short term stays of less than 30 days for rent or lease. Principal Uses Accessory Uses Uses Not Included • Apartment hotel • Bed and breakfast home • Bed and breakfast inn • Extended-stay facilities • Hotel • Motel • Recreational vehicle park • Truck stop with overnight accommodations • Associated office • Food preparation and dining facility • Laundry facility • Limited storage • Meeting facility • Off-street parking • Satellite dish antenna under 3.2 feet* • Stealth cell antennae • Swimming pools and other recreational facilities • Campground (see Outdoor Recreation) • Group home for the physically disabled, mentally retarded Intellectual Disability, or emotionally disturbed that are not considered single-family residences (7 or more residents) (see Social Service) • Group home for drug and alcohol treatment (see Social Service) • Transient lodging or shelter for the homeless (see Social Service) *See additional standards in Subsection 5.3.2 * * * * * § 5.2 Specific Standards * * * * * 5.2.9 Farmers Market A farmers market shall be permitted in accordance with the Municipal Code. use tables in Article 4 subject to the following standards: A. The farmers market shall be certified by the Texas Department of Agriculture and shall comply with all local, state and federal laws and regulations. B. Items sold in the farmers market shall include: fresh fruits, vegetables, dairy products, herbs, eggs, poultry, pork, seafood, fish, shrimp, beef, flowers, baked goods, homemade preserves, candies, soaps, honey, tea, coffee, prepared foods, and similar items approved by the Assistant City Manager of Development Services. * * * * * Page 27 of 72 § 5.3 Accessory Uses and Structures 5.3.1 General Any accessory use may be permitted provided that it is customarily associated with a principal use that may be permitted by right consistent with Section 5.1 of this Unified Development Code. The establishment of such accessory uses shall be consistent with the following standards: A. The accessory use shall be subordinate to and serve a principal use or principal structure. B. The accessory use shall be subordinate in area, extent or purpose to the principal use served. C. The accessory use shall be located within the same zoning district as the principal use. D. An accessory structure located on waterfront property shall be set back a minimum of 20 feet from the mean high water line except for the landward portion of: 1. A permitted dock; or 2. A boat house that is accessory to a permitted boat dock or marina. 3. Pool and pool equipment 4. Outdoor kitchen that does not require utility connection E. Except as herein provided no accessory building or structure shall project beyond a required yard line along any street. F. No accessory structure shall be permitted in an easement without approval of a building permit in accordance with Section 3.18 in accordance with the Municipal Code. G. A special use exception shall be required in accordance with Section 3.12 for an accessory structure with a gross floor area greater than one-half the gross floor area of the principal structure. H. Accessory uses located in residential districts shall not be used for commercial purposes other than authorized home occupations. I. No accessory building or structure shall be constructed until the construction of the principal structure has commenced. No accessory building or structure shall be used unless the principal structure also is being used. J. Detached accessory buildings shall be located behind the front face of the main principal structure and the total square footage of all accessory buildings shall not exceed 50% of the main principal structure total square footage with exception of accessory structures in the FR district which may not exceed 75%. K. In water-oriented subdivisions, in-ground pools may be located in front of the main principal structure. L. Separate meters are permitted except as noted prohibited except for irrigation purposes. Page 28 of 72 5.3.2. Specific Accessory Uses and Structures 5.3.2.A . Detached Accessory Dwelling Units 1. A detached accessory dwelling unit may be permitted in any residential zoning district. The unit may include a full kitchen. 2. Only one accessory dwelling unit shall be permitted per lot or parcel. 3. The property owner shall occupy either the principal dwelling or the accessory dwelling unit. 4. The total floor area of accessory dwelling unit shall not exceed the lesser of either the total gross floor area of the principal residential dwelling unit, or as follows: Only one accessory dwelling unit shall be permitted per lot or parcel. A. 1000 maximum total square footage of habitable space for FR, RE, and RS-22 Zoning Districts B. 800 maximum total square footage for RS-15 and RS-10 Zoning Districts C. 500 maximum total square footage for RS-6 and RS-4.5 Zoning Districts, with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. D. An existing garage built prior to 1980 may convert to one accessory dwelling unit with no maximum on floor area if the garage is a legally conforming structure. The conversion can include an upper story Accessory Dwelling Unit over the garage. 5. The principal residential and accessory dwelling unit together shall not exceed the maximum zoning district building coverage. 6. The accessory dwelling unit may be part of or attached to the principal structure or may be a separate structure. All principal structure yard requirements shall be met. 7. The accessory dwelling unit shall not exceed the maximum zoning district height. 8. Separate meters are prohibited except for irrigation purposes. 5.3.2.B. Animal Pens and Fenced Pasture Shall be permitted in accordance with the Municipal Code. An animal pen or fenced pasture (excluding chickens) only shall be permitted in the Farm-Rural district or as an accessory use to an agricultural use as defined in Subsection 5.1.6.A. 2. Any building or structure used to house animals including, but not limited to, cattle, horses, donkeys, llamas, swine, emus and other domesticated animals not conventionally kept for companionship shall be set back a minimum of 100 feet from all property lines abutting a residential zoning district other than the Farm-Rural zoning district. 3. No setbacks shall be required for fenced pastures a minimum of 1 acre in area used to hold Page 29 of 72 livestock, such as cattle and horses. * * * * * SECTION 6. UDC Article 6 “Special Zoning Districts”, 6.3 Historic Overlay, Subsection 6.3.10 Deterioration, 6.5 Air Installation Compatible Use Zones (AICUZ), Subsection 6.5.4 Accidental Potential Zones (APZ) Compatible Land Use Guidelines; Section 6.8 Mixed-Use Overlay, Subsections 6.8.1 Purpose, 6.8.3 Allowance, 6.8.4 Application of Standard, 6.8.5 Development Overview, 6.8.6 Lot Area and Density Requirements, 6.8.9 Setbacks, 6.8.11 Permitted Non- Residential Uses, 6.8.12 Required Open Space, 6.8.13 Building Orientation, Massing, and Façade Appearance, 6.8.16 Access and Driveways and 6.8.17 Parking ; Section 6.13 Streetscape Zone Standards, Subsection 6.13.2 Streetscape Zone Pedestrian Amenities; and Section 6.14 Alternative Housing Options, Subsection 6.14.10 Zero Lot Line Development is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 6.3 -H, Historic Overlay * * * * * §6.3.10 Deterioration If an owner allows a structure within a Historic Overlay zoning district or a designated landmark to deteriorate to the extent that the Building Standards Review Board determines that the structure or landmark shall be demolished as a public safety hazard, after all proper notifications have been presented to the owner by the City, no application for a permit for a project, nor for a driveway approach curb cut needed for the operation of a surfaced or unsurfaced parking area may be considered for a period of up to 365 days two months from the date of demolition of the landmark as determined by the Director of Development Services. * * * * * §6.5 Air Installation Compatible Use Zone (AICUZ) * * * * * 6.5.4 Accident Potential Zones (APZ) Compatible Land Use Guidelines Recommended land use compatibility guidelines for clear zones and Accident Potential Zones are shown in the following table. In the event of a zone change request within the Air Installation Compatible Use Zones, the Air Installation Compatible Use Zones Program Office or Chief of Naval Operations shall be consulted for a recommendation on the proposed zone change. * * * * * Table 6.5.4 Land Use Compatibility in Accident Potential Zone Suggested Land Use Compatibility In Accident Potential Zone Page 30 of 72 Notes * * * * * 12. Controlled hunting and fishing may be permitted for the purpose of wildlife management unless disallowed by Municipal Code. * * * * * § 6.8 Mixed-Use Overlay District Development Pattern § 6.8 Mixed-Use Overlay District Development Pattern 6.8.1 Purpose. The purpose of the Mixed-Use Overlay District Development Pattern is to provide standards for mixed-use development that includes residential uses to promote compatibility between new and existing development and ensure that mixed-uses compatibly co-exist, and foster a variety of small, entrepreneurial, and flexible home-based businesses. Mixed residential uses encourage live, work, shop, and recreational environments, and more pedestrian-oriented social and economic neighborhood centers, which are conducive to transit use and can reduce dependence on automobiles for single-purpose trips, by locating residents, jobs, hotels, and transit services near each other. This Ordinancesection hereby recognizes Mixed-Use as an independent land use designation to be included within the City’s Future Land Use Map. The use patterns established in this section are not zoning districts or overlay zoning districts. Instead, they are forms of development that may be permitted in various zoning districts by this section. * * * * * 6.8.3 Allowances. A mixed-use development consisting of a single building on a single lot, or multiple buildings and lots, and incorporating residential uses, shall be a permitted use in the RM-AT, ON, CR-3, CN-1, CN-2, CR-1, CR-2, CG-1, CG-2, CI, and CBD Zoning Districts, when constructed in accordance with the standards of this Ordinancesection. Proposed residential mixed-use development may not be appropriate within areas designated as a Naval Air Installation Compatibility Use Zone (AICUZ), Overlay Districts, and are not assured approval upon development review. 6.8.4 Application of Standards. The standards under this Ordinancesection shall be applied to all mixed-use development within Page 31 of 72 the City limits that includes a residential use or uses as follows: A. Where a conflict exists between the standards of the underlying district or the UDC and the Mixed-Use Overlay District standards, the standards established under the Mixed-Use Overlay District Standards Ordinance shall prevail. B. The standards provided under this Ordinancesection may only be applied to mixed- use development that is platted, developed, and constructed in accordance with this Ordinancesection. C. Mixed use development that does not include a residential use or uses shall not be bound by the standards of this ordinance CD. Where a mixed-use development is constructed under the standards of this Ordinancesection, the City’s Land Use Maps shall be changed to designate the property as being utilized for mixed-uses. * * * * * 6.8.5 Development Overview. Mixed-use developments for the purpose of this ordinancesection, consist of two or more different uses which include a residential use, and occupy the same or adjacent buildings that are planned together, and shall be combined in the following manner; A. Vertically in the same building where separate uses are on different floors (for instance, retail on the ground floor and office and/or residential uses on the second and/or third floors); or B. Horizontally in multiple buildings where separate uses are placed next to each other, planned as a unit, (e.g. an apartment, single or two-family, or multiple-family residential dwelling building that is adjacent to a neighborhood commercial business or professional office building) planned together; or within the same development. C. Through a combination of the two (Fig. 6.8.5.C). Example of a Mixed-Use Development: Figure 6.8.5.C. Vertical & Horizontal Mixed-Use Commercial use on 1st floor, residential or office space located “vertically” above. Residential use “horizontally” adjacent to the commercial or office use. Page 32 of 72 Figure 6.8.5.C. Vertical & Horizontal Mixed-Use D. All floors and uses within a mixed-use development must be constructed in accordance with the City’s current Building and Fire Department Codes. E. At least 20% of the total land area within the residential mixed use project boundaries must be vertical mixed uses, and whether within a single building or multiple buildings on a development site, a minimum of 10% of the building or development shall be non-residential and a minimum of 20% of the development shall be residential. This percentage shall be calculated by determining the percent of net acres devoted to each type of use. F. The maximum total square footage of a non-residential use in a non- residential/residential mixed-use building may not exceed 50% of the mixed-use building, to ensure an appropriate scale. G. Within a vertical mixed use building, the use on the ground floor shall be a commercial, professional office, civic, tourist, or religious use, and must be different from a use on an upper floor or floors; at least one of the floors within a vertical mixed use building shall contain residential dwelling unit(s). H. Within horizontal mixed use buildings the non-residential use may not occupy more than 50% of the total ground floor area or frontage of the mixed use building, and at least one of the uses must be for residential purposes. The division of lots cannot be used to subvert the 50% residential requirement for horizontal mixed use. I. Commercial/office strip malls consisting of contiguous single-use, single-story structures are not considered a mixed-use development for the purposes of this Ordinance. J. Stand-alone big box commercial or warehouse stores are not permitted within a mixed-use development, unless planned and constructed as a Planned Unit Development (PUD) that includes residential uses. Page 33 of 72 6.8.6 Lot Area and Density Requirements. The minimum lot area shall be based on the requirements of the zoning district in which the proposed and maximum density permitted within a mixed-use development is located. For properties that are designated with the Mixed-Use development pattern there will be no maximum density set, except for properties located within a defined AICUZ boundary. shall be based on the requirements of the zoning district in which the proposed mixed use development is locate, unless otherwise stated under a Development Concept or Special Overlay District Ordinance. * * * * * 6.8.9 Setbacks. * * * * * C. Side Setbacks: 1. Multiple Contiguous Attached Buildings. No interior side yards shall be required, when attached buildings are constructed in accordance with the adopted City Building Codes. 2. Setbacks shall follow the base zoning district. Multiple, individual, non-contiguous buildings or detached structures without a constructed firewall shall require the following: a. A minimum 4-foot side yard for single-story structures, with one additional foot added to each side yard for each additional story. b. A 6-foot minimum eave separation. c. A minimum 8-foot separation between building walls. 3. Side yards abutting a side street shall require a minimum side yard of 10 feet, which can include the 5 or 10-foot sidewalk where required. D. Rear Setbacks: Minimum of 5 feet. * * * * * 6.8.11 Permitted Non-Residential Uses. A. Bars, Taverns, Clubs, and Alcoholic Beverage Sales. 1. The proposed development of a mixed-use structure incorporating a bar, tavern, nightclub, or liquor store in conjunction with a non- transient (i.e. over 30 days of residency) residential use shall be permitted in the zoning districts allowing for their use. Page 34 of 72 2. The proposed development of a mixed-use structure incorporating a restaurant with alcoholic beverage sales in conjunction with a residential use is permitted in the zoning districts where a restaurant with alcoholic beverage service is permitted. 3. The proposed development of a mixed-use structure incorporating alcoholic beverage sales or service in conjunction with a Live-Work unit shall be prohibited in all zoning districts. B. Drive-through windows for any purpose are not permitted within a mixed use development, unless located behind the principle structure with access to and from the drive-through area provided from the rear of the lot. C. The non-residential uses permitted in each mixed-use development pattern category are limited to the following uses in CG-2 District as described in Table 4.5.2 Permitted Uses.: Table 6.8.11.C. Permitted Non-Residential Mixed-Uses. Adult Day-Care Centers Art Studios, Artists and Artisans Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales Banks (drive-throughs see Section 6.8.11(B) above) Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Homes (no allowance for special events) Bicycle Rentals Boarding, Rooming, Lodge Houses Cafes and Bistros Child Care Centers Civic/Government Office Uses Community Gardens-Limited Agricultural Uses Computer Software and Multimedia Related Professionals Convention or Special Events Centers Drycleaners (drop-off, pick-up only) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Funeral Home or Parlor (no crematorium) Health Spas, Fitness Centers Home Occupations Ice Cream Parlors Laundromats Liquor Store (except in AT District) Mail & Packaging Centers Page 35 of 72 Table 6.8.11.C. Permitted Non-Residential Mixed-Uses. Marina Medical Offices & Clinics Museums Neighborhood Market (groceries only) Neighborhood Pharmacy Non-Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Printing, Publishing, Engraving Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Recreational Centers (Indoors, including arcades) Recreational Centers (Outdoors, miniature golf, sports fields, amusement piers) Repair & Sales/Services, conducted entirely within a building; (television, computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, home appliance repair, or similar uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, without alcohol service) Restaurants, Food & Beverage Service, (sit-down or take-out services with alcohol service permitted in districts allowing for the use) Retail Sales (including Boutiques, Delicatessens, Video/Game Rentals, Musical Instrument Sales/Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Décor, News & Books, Jewelry/Repair & Sales, Paint, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques) Schools School Tutoring Services Senior Activity Centers Senior Assisted Living Tailor/Seamstress/Dressmaking Utility Offices (no outdoor storage) Veterinary Clinics (no outside runs) 6.8.12 Required Open Space. Mixed-use projects located in the RS-6, RS-4.5, RS-TH, RS-TF, RM-1, RM-2, RM-3, RM-AT, ON, CN-1, CN-2, CR-1, CR-2, CG-1, CG-2, CI, and CBD Zoning Districts must provide open space equaling a minimum of 10% of the combined floor area of all residential units. Open space shall be provided as passive or active recreation open space (plaza, courtyard, balconies, porches, patio, swimming pools, or a green). Indoor recreational spaces such a Page 36 of 72 gyms, pools, or recreational rooms that are half of the open space requirement, may count towards the up to 5% of the open space requirement. The adaptive reuse of an existing building may not be required to meet the 10% open space requirement A. Outdoor Open Space. Half of the open space required shall be provided as passive or active recreation outdoor open space (plaza, courtyard, roof-top terrace, or similar space (Figs. 6.8.12.A). Figures 6.8.12.A. Common Courtyards as Open Space. 1. The square footage of balconies, porches and patios, or terraced and landscaped rooftops, may count toward half of the outdoor open space requirement, provided that; a. The space provided is oriented to the household use. b. The space provided is sufficient space for the enjoyment of the occupants. c. The space provided is either useable by all the residents of the building or is provided for each residential unit in the structure. 2. Outdoor pedestrian-oriented open space for projects must include: a. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a non-vehicular courtyard. b. On-site or building mounted lighting, providing at least 0.6 foot- candles (average) on the ground in accordance with the lighting standards of the Illuminating Engineering Society Page 37 of 72 of North America’s (IESNA) “Guideline for Security Lighting for People, Property, and Public Spaces”. c. Outdoor pedestrian-oriented space shall not include asphalt or gravel pavement, adjacent unscreened parking lots or chain link fences, adjacent “blank walls”, adjacent dumpsters, outdoor storage or retail sales that do not contribute to the pedestrian environment. d. The adaptive reuse of an existing building may not be required to meet the 10% open space requirement, see Section 7.12.7 of the Adaptive Reuse Ordinance. e. Paved walking surfaces provided shall consist of either concrete, pervious concrete or asphalt, porous pavers, or other approved unit of paving, in areas intended for foot traffic, made fully accessible under the requirements of the Americans with Disability Act (ADA) standards. f. Seating provided shall measure at least 3 feet in length (bench, ledge, planter walls, fixed or individual street furniture, etc.), or one individual seat per 60 square feet of plaza area or open space. g. Roof-top terrace areas provided as open space may not include service areas, outdoor storage or retail sales areas. h. Landscaping provided to enhance the area shall provide at least 30% of a plaza or courtyard shaded by a structure or tree canopy coverage (at 10 years after planting), the shade landscaping points provided may be doubled when counted toward the required landscaping points onsite. i. Half of the 10% open space requirement may be met for the mixed-use development where the development is connected to an improved public park located within 1,300 feet of the mixed-use building, by a continuous sidewalk. B. Indoor Open Space. Half of the 10% open space required must be provided inside the mixed use project and may include the following: 1. Indoor swimming pools. 2. Gymnasiums or fitness rooms. 3. Landscaped indoor atriums or courtyard areas with seating (e.g. as seen in many Omni Hotels). 4. Community recreational space. C. Within the downtown and uptown CR-1, CI, and CBD Districts, the square footage of outdoor swimming pools may be counted toward the outdoor open space requirement. 6.8.13 Building Orientation, Massing, and Façade Appearance. * * * * * Page 38 of 72 E. No permanently installed burglar bars shall be visible from any public street. The ground floor portion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. (See Section 6.13.1(E)(5), Figs. 8-11). * * * * * 6.8.16 Access and Driveways. A. Access to parking areas shall be provided from the rear or side of the mixed- use building, unless the mixed-use building is part of an Adaptive Re-use project in which case the standards of Section 7.12 shall apply. B. All other access drive dimensions for the lot or development must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. C. Mid-BlockPedestrian Pass-throughs. 1. Where a proposed large-scale Mixed Use Special Overlay development project includes pedestrian pass-through or galleria shall be provided (Figs. 6.8.16.C.1). Figures 6.8.16.C.1. Pedestrian Pass-Throughs Page 39 of 72 Figures 6.8.16.C.1. Pedestrian Pass-Throughs * * * * * 6.8.17 Parking. The requirements of this Section supersede the parking requirements of Section 7.2 “Off-Street Parking, Loading and Stacking” regulations of the City’s Unified Development Code; however, all other requirements of Section 7.2 shall apply. * * * * * F. Rear Parking Allowance. Parking for non-residential uses fronting a Freeway, or Arterial right- of-way shall make every attempt to locate the new required parking spaces behind the rear façade of the principal building (Figs.6.8.17.F). Page 40 of 72 Figures6.8.17.F. 1. Off-street surface parking areas constructed and located behind the principal buildings which are screened from the view of the Freeway or Arterial Street, or Collector right-of-way by the principal building shall be consistent with Section 7.3.11 and shall be required to install canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of applicable street frontage. exempt from the parking lot landscape screening requirements of the City’s Landscaping Ordinance, except along the rear property line when a residential development is located across a street or abuts the rear parking lot. 2. For every parking space provided behind a principal building fronting an Freeway or Arterial Street, or Collector right-of-way, one parking space may be deducted from the total minimum number of parking spaces required onsite for the use (1:2 ratio, one rear parking space provided for every two spaces required onsite). 3. Where parking is provided behind the principal structure on Freeway or Arterial Street, or Collector right-of-way, the front yard setback for the business or office may be reduced to a minimum of 10 feet, regardless of the requirements for the district in which it is located, provided that the front 10-foot yard of the business or office is supplied with a 10-foot pedestrian-friendly sidewalk. 4. All parking areas provided behind the principal use must be provided with safety lighting, in accordance with the lighting standards of the Illuminating Engineering Society of North America’s (IESNA) “Guideline for Security Lighting for People, Property, and Public Spaces” and shall be shielded. Page 41 of 72 G. Parking Reduction: Parking relief may be granted by each or all of the following subsections Administratively by staff. Bicycle parking shall not account for more than 25% of the off-street parking requirements. 1. Low Impact Development features may be built and would reduce parking requirements in a 1 to 1 ratio measured by the typical square footage of a parking stall. 2. Cross access agreement or easements may be installed in the side or rear of the development and could result in a maximum reduction of 10 spaces. 3. Bicycle parking spaces may be installed to alleviate parking spaces if the development is located adjacent to a bicycle lane or off road bike path required in the bicycle mobility plan or adjacent to a street with an existing bike lane or existing off road bike path. The provision of the bicycle parking spaces can be used to reduce required parking up to 10% as follows: a. Six short term bicycle parking spaces (bike racks) for every one vehicle space; and/or b. Two long term bicycle parking spaces (bike storage lockers) for every one vehicle space. GH.At a minimum, the following parking shall be provided for a mixed use development: 1. Parking for medical, non-medical, retail, commercial, or professional office space shall be in accordance with the parking requirements of Section 7.2.2.D 2. Townhomes, brownstones, duplexes, live/work units and each apartment within a mixed-use building shall require a minimum of one off-street parking space per dwelling unit, with a maximum of two off- street parking spaces per unit, unless other requirements are provided under a Special Overlay District or other Development Concept Overlay District. HI. Parking Garage Structures. Where off-street parking facilities in above- grade structures are proposed within a Mixed Use Special Overlay development, the above grade structures shall comply with the following standards: 1. Where above-ground parking structures must front on an Arterial or Collector retail or commercial street, a continuous street-fronting ground level commercial, office, or institutional spaces and uses shall be provided, except at ingress and egress points into the structure and any required ventilation (Fig. 6.8.17.H.1). * * * * * § 6.13 Streetscape Zone Standards * * * * * 6.13.2 Streetscape Zone and Pedestrian Amenities * * * * * Page 42 of 72 G. Displays and Equipment. 1. Outdoor displays, sales, and service shall be permitted in accordance with the Municipal Code. 1. Outdoor displays, sales, and services (in connection with a vegetable stand, news stand, a permitted vendor, farmers market, café, or restaurant) may take place on an outdoor patio or sidewalk, provided that no display or sales shall be allowed to block the required 5-foot Clear Zone of the sidewalk. 2. The outdoor displays, sales, and service outlined under (G)(1) above shall require a Use Privilege Agreement with the City. 3. All booths, stalls, carts, outdoor display items or other equipment utilized for outdoor display, sales, or food and beverage service at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance or security risk. 4. Roof-mounted equipment. Roof-mounted equipment shall be completely screened from public views from the ground elevation. * * * * * § 6.14.10 Zero Lot Line Development 6.14.10 Zero Lot Line Development A. Zero lot line development is permitted within the Development Concept or Special Overlays, and with the exceptions provided under this Section, shall be developed in accordance with Section 4.3.5: 1. The setbacks required and where provided for under a Development Concept Overlay or a Special Overlays shall take precedence over the requirements of Section 4.3.5. Where setback requirements are not provided for, the setback requirements of Section 4.3.5 shall prevail. 2. Windows shall be permitted on the zero line side of dwelling units under a Development Concept Overlay or a Special Overlay, provided that the windows are not capable of being opened, and provided that the placement supports the privacy of the neighboring occupants on the abutting lot. The privacy standard must be met by through one or more of the following techniques: a. Through strategic placement and spacing of the windows on the zero lot line side of the structure/building, by placing ground-floor windows along zero setback property lines above sight lines, or placed where the windows face a wall of the neighboring building, without direct views into adjacent dwelling units and windows. Page 43 of 72 b. Window panes must be designed to provide semi- or complete opaqueness (block glass, stained glass, frosted glass), in order to provide some privacy from direct views into neighboring buildings through the spacing of windows (Figs. 6.14.10.A.2.b). c. All windows located along the zero lot line wall must meet the City’s Building and Fire Department Codes. Figures 6.14.10.A.2.b. Block Glass & Stained Glass Windows B. Fences. Fencing for Zero Lot-Line Development shall be accordance with requirements of Section 9.5.9. Page 44 of 72 SECTION 7. UDC Article 7 “General Provisions”, Section 7.1 Access and Circulation, Subsection 7.1.7 Driveway Design Standards; Section 7.5 Signs, Subsection 7.5.15 Permanent Signs Allowed in the Business and Industrial Districts, Section 7.11 Neighborhood Mixed-Use (NMU) Development Standards; and Section 7.12 Adaptive Reuse Development Standards, Subsection 7.12.1 Purpose is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: § 7.1 Access and Circulation * * * * * 7.1.7.A. Driveway Spacing * * * * * Note 3. Notwithstanding the spacing requirements listed, any property having 300 feet of frontage shall be allowed two driveways. The driveways shall be located in such a manner as to maximize the spacing between the driveways and driveways on adjacent properties. a. Driveway Frequency. The number of non-residential driveway approaches for a given frontage shall comply with the design standards adopted herein and shall not exceed the following frequency: DRIVEWAY FREQUENCY One Driveway Two Driveways LOT FRONTAGE (per Roadway) Up to 94’ of lot frontage 95’ to 300’ of lot frontage b. Minimum Spacing. Minimum spacing between driveway approaches within the same property lines shall be as follows: TYPE OF DRIVEWAY Residential (on a Collector and Arterial Roadways) Non-Residential MINIMUM SPACING 25’ 25’ The minimum spacing between driveway approaches shall be measured as the tangent curb length. Figure 1. * * * * * §7.5 Signs * * * * * 7.5.15 Permanent Signs Allowed in the Business and Industrial Districts Page 45 of 72 The following freestanding and wall signs may be allowed in the business, professional office and industrial districts, including the overlay districts, except to the extent specifically modified by the rules in a particular district. Where the rules for a specific district deviate from these general rules, the specific deviation may be effective in that district, subject to its terms, but the remainder of the general rules in this Section may apply in that district. * * * * * C. Table of Sign Types A sign type listed below is allowed as a permanent sign in any district which contains a “P” in the cell where the district intersects that sign type and prohibited in any district which contains an “NP” in the cell where the district intersects that sign type. Sign types allowed are further limited by height, size and other restrictions included elsewhere in this Section. Table of Sign Types RM -AT ON CN -1 CN -2 CR -3 CR -1 CR -2 CG -1 CG -2 CI CBD BP IL IH RV CC IC Permanent Sign Types Billboard (4) NP NP NP NP NP NP NP NP NP P NP NP P P NP NP NP Canopy or Marquee Sign (2) P P P P P P P P P P P P P P P P P Monument Sign P P P P P P P P P P P P P P P P P Pole Sign NP P P P NP NP NP P P P P P P P P P P Roof Sign NP NP NP NP NP NP NP NP NP NP NP NP NP N NP NP NP Wall Sign (1) P P P P P P P P P P NP P P P P P P Other Characteristics Manual Changeable Copy P P P P P P P P P P P P P P P P P Automatic Changeable Copy (3) P P P P P P P P P P P P P P P P P Whirling, Revolving NP NP NP NP NP NP NP NP NP NP NP NP NP N NP NP NP Page 46 of 72 Noise Producing NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP "P" in a cell means that the sign type or characteristic is allowed in that district, subject to additional dimensional and other standards set forth for individual districts; "NP" in a cell means that the sign type or characteristic is not allowed in that district. NOTES TO TABLE: A. 1. For design standards for wall signs, see Subsection 7.5.3. 2. For design standards for canopy or marquee signs, see Subsection 7.5.9. 3. For design and operating standards for automatic changeable copy signs, see Subsection 7.5.12. 4. For standards for the size, location and replacement of billboards, see Subsection * * * * * §7.11 Neighborhood Mixed-Use (NMU) Development Standards § 7.11 Neighborhood Mixed-Use (NMU) Development Standards 7.11.1. Purpose and Intent. The purpose of the standards for this Section is to provide for a mix of small to medium scale residential uses, with an emphasis on smaller commercial uses, within a multi-modal environment. The intent of these standards is to: A. Allow for different types of compatible land uses close together in appropriate locations to shorten transportation trips and facilitate multi-modal development. B. Encourage infill and redevelopment utilizing commercial, professional office, and residential mixed-use development within surrounding neighborhood uses. C. Allow flexibility in development standards for residential mixed-use buildings that are similar in scale to surrounding residential development while providing storefront-style shopping streets. D. Limit the size of any one commercial retail use to keep the scale of commercial activity appropriate to the surrounding area while providing services to local residential communities. 7.11.2. District Allowances. A Neighborhood Mixed-Use building shall be a permitted use when constructed in the RS-6, RS- 4.5, RS-TH, RS-TF, RM-1, RM-2, RM-3, ON, CN-1, CN-2, CR-2, and CR-3 Zoning Districts in accordance with the standards of this Ordinance. 7.11.3. General Standards. A. Neighborhood Mixed-Use (NMU) development shall be defined for the purpose of this Ordinance as a small scale residential mixed-use development (e.g., a small market, dry Page 47 of 72 cleaner, small retail shop, etc., professional office, in combination with a single-family dwelling unit located above the non- residential use). B. Neighborhood Mixed-Use building must be located on a corner lot and must have frontage and access onto a Arterial or Collector Street, as designated by the City’s Urban Transportation Plan. C. Lots contiguous to corner lots and fronting on an Arterial Street may also be developed for residential mixed uses where the underlying zoning district allows for non-residential uses, and when developed in accordance with this Ordinance (Figs. 7.11.3.C). Figures 7.11.3.C. Contiguous Residential Mixed-Use Buildings. D. Only one Neighborhood Mixed Use building is permitted per block. Two Residential Mixed Use buildings per the same residential block may be permitted, only if the second mixed use proposed offers a non-residential service that is not already present within the same block, and the same nonresidential use is not located within 1/3 mile from the proposed site and use (e.g. only one restaurant, one office, one gift shop, one barber shop per block). E. Residential uses must be located above the nonresidential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non- residential use area with adequate accessible access and parking provided behind the unit (Figs.7.11.3.E). Figures 7.11.3.E. Examples of Residential Mixed-Uses. Page 48 of 72 F. The nonresidential portion of the Neighborhood Mixed Use building may not be divided from the residential area of the building through sale, rent, or leasing. The Neighborhood Mixed Use building shall be considered one unit. G. The non-residential portion of a Neighborhood Mixed Use building may not exceed 50% of the building’s total floor area. H. The minimum size for each residential space in a Neighborhood Mixed Use building shall be 800 square feet. The maximum residential space within the structure must not exceed 1,500 square feet. The maximum floor area of the entire mixed use structure may not exceed 3,000 square feet. Page 49 of 72 I. The mixture of uses shall occur in the same building. The residential use shall not exceed the maximum number of dwelling units which would otherwise be permitted in the zoning district. J. The conversion of any accessory structure to commercial use shall be prohibited. K. Each residential portion of the Neighborhood Mixed Use building shall contain at least one owner, or family member of the owner, or an employee that works onsite for the owner, that resides onsite and operates a business within that unit. L. The entire unit may be leased as one unit, only if the tenant operates the business portion of the building, and lives within the residential portion of the building. M. No more than two additional employees (other than the onsite residents) residing outside of mixed use building may be employed within the business portion of the building per shift. N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building, provided that non-residential portion of the mixed use building is a permitted use listed under Section 7.11.6, and the structure meets the location requirements of this Section, and subject to the remaining standards of this Ordinance. O. Neighborhood mixed-use structures shall be required to meet the City’s Building Codes. P. The non-residential portion of the mixed use building may not be used purely for storage. Storage of supplies may not occupy more than 10% of the non- residential space in the mixed use building. Q. Properties located within an area or subdivision that fall under a Homeowner’s Association or other managing entity must provide a written statement from the managing entity stating that they approve of the proposed Neighborhood Mixed Use development on the proposed site concurrently with the building application. 7.11.4. Minimum and Maximum Requirements. A. Lot Area, Density, and Heights. The minimum lot area, maximum density, and maximum height for a Neighborhood Mixed Use building shall be the same as permitted by the underlying Zoning District. B. Lot Width. The minimum lot width for a Neighborhood Mixed-Use development shall be the same width required by the Zoning District in which the proposed mixed-use development is located. C. A Live-Work unit may be constructed on a nonconforming lot having a minimum width of 24 feet, when constructed in accordance with the Live- Work standards outlined under Section 6.14.7. D. Maximum Impervious Surface Allowance. The entire Neighborhood Mixed Use building footprint may not exceed more than 70% of the entire lot, excluding parking areas. 7.11.5. Setbacks. A. Front Setbacks. 1. New Construction. Page 50 of 72 a. Where a 5 to 10-foot sidewalk is present along an Arterial or Collector Street for a proposed Neighborhood Mixed Use development, the proposed building may have a 0- 10-foot build-to line/front setback measured from the property line. b. Where a sidewalk is not present along an Arterial or Collector Street, a sidewalk must be provided and designed in accordance with the dimensions proposed within the City’s Urban Transportation Plan for the proposed development site and the standards of the American’s with Disabilities Act Standards. The minimum front building (“build-to” line) setback shall then be measured from the property line for a distance of 0 to 10 feet. c. The front yard setback of a proposed residential mixed use building on an interior lot where the district allows for a non- residential use, shall be the average of the setbacks of structures on abutting lots (Fig. 7.11.5.A.1.c). Figure 7.11.5.A.1.c A. A. 2. Existing Structure Remodel. The existing setback of an existing building shall be permitted to remain. The sides of existing porches and stoops may be enclosed only by screens. B. Side and Rear Yards Setbacks. 1. The street side yard shall measure a width of within 1 to 5 feet of the existing depth of the adjacent front yard fronting on the Collector or side street (lot or structure located behind the proposed mixed-use building). 2. The non-street side yard must be a minimum of 5 feet, with exception of Neighborhood Mixed-Use development proposed within the CN-2 Zoning District, in which case a 10-foot side yard shall be required if a mixed-use development is proposed within or adjacent to a residential district. Page 51 of 72 7.11.6. Permitted Commercial, Professional Office, and Civic Uses. A. The following non-residential uses shall be permitted within a Neighborhood Mixed-Use development: Table 7.11.6.A Neighborhood Mixed Use (NMU) Non-Residential Permitted Uses Adult Day-Care Centers Art Studios, Artists and Artisans, Associated retail sales (excluding tattoo parlors) Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales and Services Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Home (no allowance for special events) Bicycle Sales and Rentals Cafes and Bistros (no alcohol sales, unless permitted by district) Child Day Care Centers Civic/Government Office Uses Computer Software and Multimedia Related Professionals Drycleaners (drop-off, pick-up only, no drive-thru) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Home Occupations Ice Cream Parlors Laundromats Mail & Packaging Centers Neighborhood Market (no fueling sales) Neighborhood Pharmacy Non-Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Repair & Sales/Services, conducted entirely within a building; (computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, or similar automotive or truck uses) Restaurants, Food & Beverage Service, (sit-down or take-out services permitted, alcohol service only where district permits, no drive-throughs) Page 52 of 72 Table 7.11.6.A Neighborhood Mixed Use (NMU) Non-Residential Permitted Uses Retail Sales, including Boutiques, Delicatessens, Video/Game Rentals, Cell Phone Sales, Musical Instrument Sales/Repair, Fruit & Vegetable Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Décor, News & Books, Jewelry/Repair & Sales, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques School Tutoring Services Tailor/Seamstress/Dressmaking Senior Activity Centers 7.11.7. Design Standards. A. Ground level non-residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). Display windows shall be transparent to the extent that the window allows views into and out of the interior. B. Display windows and doors should be framed/trimmed. C. At no time shall building windows fronting or within view of a public street be boarded up, except in cases of weather emergency preparation. D. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a Neighborhood Mixed Use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours (Figs. 7.11.7.D). Figures 7.11.7.D. Permitted Security Screening. Page 53 of 72 Figures 7.11.7.D. Permitted Security Screening. E. All buildings with a flat roof should have a decorative cornice at the top of the building; or eaves when the building is designed with a pitched roof. F. The principal entrance of the Neighborhood Mixed Use building shall be oriented toward the street. G. The nonresidential and residential uses within the same structure shall be permitted to share a common principal entrance within a Neighborhood Mixed Use. H. There shall be no outside display of goods and/or services unless a 10-foot sidewalk width is provided, and any display or service does not encroach upon the required 5-foot pedestrian Clear Zone of the sidewalk. (A Use Privilege Agreement and fee may be required by the City). 7.11.8. Sidewalks. A. Sidewalks must be provided along all Arterial and Collector Streets for all Neighborhood Mixed Use buildings, and constructed in accordance with the American’s with Disabilities Act Standards. B. If an existing structure located along an Arterial or Collector Street is being remodeled as a Neighborhood Mixed Use, an accessible sidewalk must be present or constructed along the street front. C. The sidewalk width must be constructed in accordance with the width dimensions proposed within the City’s Urban Transportation Plan for the site. 7.11.9. Access. A. Where access is currently available to a proposed Neighborhood Mixed Use development site the access shall be permitted to remain, provided that the parking location requirements of Section 7.11.10 below are met. Page 54 of 72 B. Drive-in/through facilities shall be prohibited within a Neighborhood Mixed Use development. 7.11.10. Parking A. Parking for a residential mixed-use project is only permitted in the non-street yard side or rear yard of the mixed use structure. B. Although the Neighborhood Mixed Use building requires direct pedestrian access from the principal entrance to the public sidewalk and parking area in accordance with the American’s with Disabilities Act Standards, may be provided in the rear or non-street yard side of the building. C. On corner lots, parking shall not be allowed in the area extending from the property line to a line which is parallel to the front facade of the principal structures on the abutting lots, not to exceed 25 feet in depth (Fig. 7.11.10.C) Figure 7.11.10.C. D. There shall be a minimum of two and a maximum of three parking spaces for the non-residential portion of the mixed use building, plus a minimum of one off-street parking space, with a maximum of two off-street parking spaces for the residential portion of the mixed use building. 7.11.11. Streetscape Zone A. A full Streetscape Zone shall not be required for a Neighborhood Mixed Use building; however, flower planters or window boxes must be provided to promote an inviting pedestrian atmosphere (Figs 7.11.11.A). Page 55 of 72 Figures 7.11.11.A B. Fencing and Screening. It is the intent of this Ordinance that the non- residential use within the Neighborhood Mixed Use is compatible with the existing and adjacent residential neighborhoods, therefore a solid screening fence shall not be required between a residential mixed use building and adjacent residential structures and districts; however, vehicular screening shall be provided utilizing one of the following methods for each parking location: 1. Rear Yard. Vehicular screening shall not be required for parking areas located behind the structure, but must be provided along the rear property line where a residential home exists adjacent to the proposed mixed use building. Screening shall be provided through one of the following methods: a. Dense landscaping shrubs or hedges (minimum 3 gallon container) that shall be maintained to a height of from 5 feet to 6 feet, as measured from the elevation of the vehicular use area b. A solid fence measuring no less than 5 feet and no greater than 7 feet in height. 2. Non-Street Side Yard. Parking located within the non-street side yard must be screened from the public right-of-way through one or more of the following methods: a. Hedges (minimum 3 gallon container) that shall be maintained to a height of from 24 to 36 inches as measured from the elevation of the vehicular use area b. A solid decorative wall not less than 3 feet in height, and not exceeding 4 feet in height. 3. Fencing of any type shall not be permitted along the front property line or along an Arterial or Collector Street; however, decorative iron fences no greater than 5 feet in height and providing 50% or more transparency are acceptable, excluding chain-link fencing. Page 56 of 72 4. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk. C. Awnings are permitted and encouraged in accordance with Section 6.13.1.D. D. Signs. Signs for a neighborhood mixed use shall be permitted and limited to the following options: 1. Attached, commercially-prepared painted wall signs not exceeding 32 square feet in area may be mounted on a building wall, only one sign shall be permitted per building wall/façade. All wall signs must be attached flat against the wall of the building. 2. Address signs not exceeding 2 square feet in area. 3. Non-illuminated sandwich board signs or A-frame signs, provided they are not located within the 5-foot Pedestrian Clear Zone along a sidewalk. 4. Hanging and wall-mounted blade signs not exceeding 4 square feet in area, provided that the signs shall not project more than 4 feet from the building or one-third of the sidewalk width, whichever is less. Page 57 of 72 5. All signs shall meet a minimum vertical clearance of 7 feet. E. Lighting. Lighting provided for the structure shall not be directed at the neighboring residential uses and shall be shielded from spillover. F. Solid Waste Disposal. All solid waste materials shall be kept in residential waste containers behind the mixed use building. Dumpsters are not permitted onsite. G. Accessory structures onsite are not permitted to be used for commercial purposes. H. Outdoor displays and storage other than vegetation planters shall not be permitted onsite. 7.11.12. Hours of Operation. Businesses within a mixed-use must provide reasonable hours of operation that are compatible with the neighboring residential uses. Hours of operation are limited to 7:00 a.m. to 9:00 p.m. daily. §7.12 Adaptive Reuse Development Standards 7.12.1 Purpose. The purpose of the Adaptive Reuse Development Standards is to revitalize areas of the City’s downtown areasdistricts (and any other pre-determined or targeted area) by facilitating the conversion of older, economically distressed, or historically significant buildings consisting of residential or tourist uses mixed with Commercial, Professional Office, Civic uses, including apartments, Live-Work units, multiple-family residences, and tourist-based facilities. This will help to reduce vacant space as well as encourage the development of a diverseresidential community downtown and rehabilitate buildings within once thriving culturally significant areas of the City other blighted areas of the City, thus creating a more balanced ratio between housing and jobs in the region’s primary employment centers. Rehabilitation (Historic) is defined as encompassing all construction work classified by the US Page 58 of 72 census as “alterations”, such as façade construction, major roof repair, or room alterations. * * * * * SECTION 8. UDC Article 8 “General Provisions”, Section 8.2 Design Standards, Subsections 8.2.1 Streets and 8.2.2 Sidewalks; Section 8.4 City Participation in Streets and Drainage Crossings, Subsection 8.4.1 Streets; and Section 8.5 Trust Fund Policy, Subsections 8.5.1 Water Trust Fund, 8.5.2 Wastewater Trust Fund and 8.5.3 Stormwater Trust Fund is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §8.2 Design Standards * * * * * 8.2.1. Streets All streets shall, at a minimum, be designed and installed in accordance with the Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. 1. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures (“the AASHTO Design Guide”) 1993 Edition and supplements, unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. 2. Streets shall be designed and installed in accordance with the approved Mobility Plan. 3. Streets shall be designed and installed to meet the requirements of the Design Standards. 4. In the event of any conflicts between the Design Standards and any edition or supplement to the AASHTO Design Guide, the Design Standards prevail. 5. Where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector. * * * * * 8.2.1.K. Off-site Improvements 1. Where any street forms part of the boundary of a subdivision and some part of the width of said street has been dedicated or committed to dedication, the developer shall be required to dedicate such additional land necessary to provide one-half of the street width required in the Urban Transportation Plan. 2. Where the required street improvements are not encompassed entirely within the proposed development, the developer will be considered responsible for one-half of the width of street improvements, up to and including those required for a residential collector. Page 59 of 72 8.2.2. Sidewalks * * * * * B. Waivers Exceptions for Required Sidewalk Improvements 1. A waiver may be granted by the Planning Commission to the standard in paragraph 8.2.2.A in accordance with paragraph 3.8.3.D. and only when the following conditions are satisfied: 1. Sidewalks shall not be required along each side of a street right-of-way where such street is a permanent dead-end street and where there is pedestrian access from the permanent dead-end street to a paved hike and bike trail. In such instance, a sidewalk only shall be required on one side of the street right-of-way. 2. Sidewalks shall not be required along street rights-of-way where each lot fronting on such street has direct access from the side or rear to a paved hike and bike trail. 3. Sidewalks shall not be required for residential subdivisions in the Farm- Rural and Residential Estate zoning districts. 4. Sidewalks adjacent to private streets may be allowed to be placed on only one side of the street if the sidewalk width is 6 feet or greater and approved by the Assistant City Manager of Development Services. C. Administrative Exceptions for Sidewalk Improvements An administrative exception may be granted to the standard in paragraph 8.2.2.A only when the following conditions are met: 1. Sidewalks shall not be required along each side of a street right-of-way where such street is a permanent dead-end street and where there is pedestrian access from the permanent dead-end street to a paved hike and bike trail. In such instance, a sidewalk only shall be required on one side of the street right-of-way, or 2. Sidewalks shall not be required along street rights-of-way where each lot fronting on such street has direct access from the side or rear to a paved hike and bike trail, or 3. The lot is a minimum of 22,000 square feet and zoned Farm Rural or, Residential Estate, or 4. Sidewalks adjacent to private streets may be allowed to be placed on only one side of the street if the sidewalk width is 6 feet or greater, or 5. Sidewalk construction is not required if all the following conditions are met: a. The lot does not front on, and is not adjacent to, a right-of-way, street, alignment, or corridor that is designated on: i. The Urban Transportation Plan (UTP) of Thoroughfare Plan, or has a right-of-way width greater than 50 feet, or ii. the MobilityCCPlan, including the Trails Master Plan (HikeBikeCC) and the ADA Master Plan, or- Page 60 of 72 iii. the Corpus Christi Metropolitan Planning Organization’s (MPO) Strategic Plan for Active Mobility, or iv. any other plan that designates sidewalks or active transportation improvements; b. The lot is zoned Farm Rural, Residential Estate or Single-Family Residential RS-4.5, RS-6, RS-10, RS-15, RS-22, or Single Family Residential Two Family (RS-TF); c. There are no existing or planned sidewalks on adjacent lots; d. At least 75% of the block face (lots fronting on the same side of the street as the subject plat) is improved, as measured by the number of lots, or, by the linear footage of the block face, and does not have sidewalks. * * * * * §8.4 City Participation in Streets and Drainage Crossings 8.4.1. Streets A. All Streets 1. City participation funds may be used to fund street projects and ROW or other improvements. City participation will be limited to a 30 percent reimbursement rate for the construction of improvements. The oversizing of improvements, at the request of the City, may be eligible for a reimbursement rate not exceed 100 percent of the cost for the required oversizing as outlined in this section. Where the Urban Transportation Plan or project specific traffic analyses indicate the need to construct new streets or reconstruct existing streets to a level higher than that of a residential collector, the City may pay additional construction costs with regard to right of way dedication, pavement thickness and street width greater than those of a minor residential collector street cross-section, provided that all of the following conditions are satisfied: 12. Participation shall comply with Texas Local Government Code §212.071 et seq. 3. The developer shall submit the Public Improvement Package to Development Services for review and acceptance. 24. The developer shall submit a reimbursement infrastructure participation application, including all cost-supporting documentation, to the Assistant City Manager of Development Services before approval of the construction plans; 35. No reimbursement shall be made unless, before any construction begins, the reimbursement application and an The infrastructure participation agreement must be have been approved by the City Council after certification that the necessary reimbursement money is fully available as required by Texas Constitution, Article 11, § 5 and City Charter, Article IV, § 7; before any construction begins; 6. The Developer/Owner shall, before the agreement is executed by the City, furnish a Page 61 of 72 performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 1. The reimbursement shall be made available after the City Council approves the reimbursement; 2. No construction shall begin until the Assistant City Manager of Development Services has approved the construction plans in accordance with Subsection 3.8.4; and 3. Where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector. B. Off-Site Improvements 1. Where any street forms part of the boundary of a subdivision and some part of the width of said street has been dedicated or committed to dedication, the developer shall be required to dedicate such additional land necessary to provide one-half of the street width required in the Urban Transportation Plan. 2. Where the required street improvements are not encompassed entirely within the proposed development, the developer will be considered responsible for one-half of the width of street improvements, up to and including those required for a residential collector. C B. Drainage Crossings Where crossings over drainage ways are necessary, the developer shall be required to construct the crossings at its expense if the ultimate bottom width of the drainage way does not exceed 15 feet. If two or more developers own property adjacent to the drainage way, they shall deposit an equal share of the estimated cost of the bridge or crossing. The crossing shall be constructed when all developers involved have deposited their share of the money for the construction. The City shall participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way exceeds 15 feet, the side slope is approved by the Assistant City Manager of Development Services and the following conditions are satisfied: 1. Before construction begins, available funds shall be appropriated and certified and the City Council shall authorize an infrastructure participation agreement. 2. Participation shall comply with Texas Local Government Code §212.071 et seq. The participation shall be an amount determined by multiplying a fraction comprised of the ultimate bottom width less 15 feet divided by the ultimate bottom width and the applicable construction costs. The City shall not under any condition participate in the cost of construction of any drainage way crossing if the ultimate bottom width of the drainage way is 15 feet or less; nor will the City participate in an amount greater than the amount determined by the above formula if the property on one side is an existing street or any other public property; nor will the City participate if the bridge is located outside the City limits. In estimating the total cost of construction for bridge crossings, the plans shall include the structure, headwalls, retaining walls, embankments, roadways, pavement, curbs and gutter, Page 62 of 72 sidewalk, railing and related drainage structures, testing and engineering and related project expenses within the drainage right-of-way excluding 10 feet of improvements on each outside edge of the right-of-way. 3. All engineering work shall be performed by the developer’s Texas licensed professional engineer and approved by the Assistant City Manager of Development Services. Participation by the City shall be limited to the total costs (inclusive of engineering fees) for the improvements required by the City. Anything in excess or more elaborate than the City’s requirements will be at the developer’s sole expense. C. Other Public Improvements Other public improvements may be considered for funding if they are consistent with the comprehensive plan or utility master plans and implement city initiatives including but not limited to incentivizing affordable or work force housing, walkable communities, mixed use projects in an area development plan designated for mixed use development, redevelopment of vacant buildings; streetscape enhancements along UTP streets, and rehabilitation of buildings with local, state or national historic designations. §8.5 Trust Fund Policy 8.5.1 Water Trust Fund 8.5.1.A. Purpose The purposes of the Water Trust Fund are: 1. To encourage the orderly development of subdivisions within and surrounding the City; 2. To establish an equitable system of spreading the cost of water line extensions required for development pursuant to the Water Master Plan; 3. To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly water line extensions; and 4. To establish a system of credits and reimbursements for developer- installed water line extensions meeting the Water Master Plan when the developer is a non-taxing entity that is contributing acreage or lot fees under this Unified Development Code. Water infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for water trust fund reimbursement, unless approved by City Council. 5. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Page 63 of 72 Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 6. In order to request funds for reimbursement from the Trust Funds a reimbursement agreement application shall be submitted and include the following: planning commission approved plat, public improvement plans, cost estimate, application fee, and must be deemed complete before a date for City Council consideration will be scheduled. 7. City Council may, after a public hearing, transfer, monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water or wastewater trust funds. 8. Once every two years, City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 9. Once every two years or as requested, City staff shall brief City Council on the fiscal status of the Trust Funds. * * * * * 8.5.1.C. Credits and Reimbursements * * * * * 2. Distribution Main Extensions When a subdivision, single lot, or tract is developed within an existing grid or in the adjacent grid area, but is not adjacent to the grid main, the extension of a water line may be made to serve the property either by the City or the developer if such extension is necessary to meet the Water Distribution System Standards. The maximum extension shall be limited to one- half mile (2,640 feet). or, Iif the fee value of the property does not equal 50% of the off-site extension cost, the extension will not be made unless the developer provides the difference between the fee value and up to 50% of the off-site extension cost, which difference shall be non-reimbursable. * * * * * 4. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust fund and may, after a public hearing, adopt a new schedule of fees and charges. 45. Exemptions Page 64 of 72 * * * * * 56. Exemption for Certain Padre Island Properties * * * * * 8.5.2 Wastewater Trust Fund 8.5.2.A. Purpose The purposes of the Wastewater Trust Fund are: 1. To encourage the orderly development of subdivisions within and surrounding the City; 2. To establish an equitable system of spreading the cost of wastewater line extensions required for development pursuant to the Wastewater Master Plan; 3. To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly wastewater line extensions; and 4. To establish a system of credits and reimbursements for developer- installed wastewater line extensions meeting the Wastewater Master Plan when the developer is a non-taxing entity that is contributing acreage or lot fees under this Unified Development Code. Wastewater infrastructure funded by Tax Increment Financing, Special Assessment District, or other public financing is ineligible for wastewater trust fund reimbursement, unless approved by City Council. 5. The Developer/Owner shall, before the agreement is executed by the City, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. 6. In order to request funds for reimbursement from the Trust Funds a reimbursement agreement application shall be submitted and include the following: planning commission approved plat, public improvement plans, cost estimate, application fee, and must be deemed complete before a date for City Council consideration will be scheduled. 7. City Council may, after a public hearing, transfer, monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to water or wastewater trust funds. 8. Once every two years, City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 9. Once every two years or as requested, City staff shall brief City Council on the fiscal status of the Trust Funds. * * * * * Page 65 of 72 8.5.2.E. Credits and Reimbursements 1. Wastewater Trunk Line Extensions In the event the trunk line system is not in place when required for development, the developer may install that portion of the trunk line system necessary to meet the established design standards. * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. * * * * * 2. Collection Line Extensions When a subdivision, single lot, or tract is developed within an area where the Assistant City Manager of Development Services has determined that a collection line will serve such area, the extension of a collection line may be made to serve such property either by the City or the developer. Maximum developer reimbursement will be limitedfor such off-site extensions to 50%.of the mathematical product obtained by multiplying the off-site average pipe diameter in inches by the acreage or lot fee value of the property of the off-site extension cost. * * * * * e. Deferred Reimbursements If developer is owed funds from the Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, subsequent lot or acreage fee credits from subsequent final plats filed with the County Clerk, which lands are within or contiguous to the boundaries of the preliminary plat of the originally developed property and which will be served by the wastewater collection line for which the original credit was given but will not be served by any trunk or collection line extension, may be credited to the outstanding amounts owed to the developer by the Collection Line Trust Fund until the total amount owed has been paid regardless of the order reimbursement. * * * * * Page 66 of 72 3. Wastewater Trunk Force Main Extensions If a trunk force main system is not in place when required for development, the developer may install that portion of the trunk force main system necessary to meet currently adopted Wastewater standards and shall comply with the current adopted Wastewater Master Plan * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the trunk force main for which the credit was given, and an extension of the trunk force main was not required to serve the land. * * * * * 4. Wastewater Lift Station Installations If a wastewater lift station is not in place or one that is in place is inadequate when required for development, the developer may install or upgrade the lift station to meet adopted City wastewater standards. * * * * * e. Deferred Reimbursement If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land is served by the lift station for which the credit was given, a new lift station additional trunk line extension was not required to serve the land, and the new development Page 67 of 72 did not require the modification or expansion of the lift station serving the land. * * * * * 8.5.2.I. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to wastewater trust funds or water trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges. 8.5.3 Stormwater Trust Fund 8.5.3.A. Purpose The purposes of the Storm Water Trust Fund are: 1.To encourage the orderly development of subdivisions within and surrounding the City; 2.To establish an equitable system of spreading the cost of storm water collector extensions required for development pursuant to the Storm Water Master Plan; 3.To establish an equitable system that can be effected by the establishment of trust funds to be administered by the City for the purpose of carrying out orderly storm water collector extensions; and 4.To establish a system of credits and reimbursements for developer- installed storm water collector extensions meeting the Storm Water Master Plan when the developer is a non- taxing entity that is contributing acreage or lot fees under this Unified Development Code. 8.5.3.B. Payment of Fees 1.Before any unit of a subdivision, or single-lot, or tract is completed and the final plat recorded, the lot or acreage fee, whichever is greater, shall be paid prior to the subdivision plat being recorded. 2.Lot, acreage, and surcharge fees will be deposited into the Storm Water Collector Trust Fund for use in over-sizing and constructing storm water collectors, and reimbursing developers for constructing storm water collectors. 3.All fees and charges will be indexed to the August Construction Index published in the Engineering News Record and adjusted September 1 each year. 8.5.3.C. Credits and Reimbursements 1.Storm Water Collector Extensions Page 68 of 72 In the event the storm water collector is not in place when required for development, prior to final plat recordation the developer shall install that portion of the storm water collector necessary to meet the Storm Water Master Plan. 2.Credits If the developer installs the storm water collector, the developer shall be credited for the actual installation cost up to the amount of his lot or acreage fee, provided an application for credit, including all cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of such collection main and is approved. 3.Reimbursement If the developer installs the storm water collector and the developer’s cost for installation is greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Storm Water Collector Trust Fund for that portion of the storm water collector installed by the developer. Provided, however, in order to be reimbursed as set forth in this subsection: a.The developer shall submit an application before developer starts construction. b.If the location or size of the developer’s proposed storm water collector is not consistent with the City’s Storm Water Master Plan for the drainage basin, the developer’s application for reimbursement may not be considered until an amendment to the Storm Water Master Plan has been approved by the City Council. The developer shall prepare and submit a draft amendment to the Storm Water Master Plan to the Assistant City Manager of Development Services if such is required. If the Assistant City Manager of Development Services approves the proposed amendment, the amendment shall be submitted to the Planning Commission for its recommendation and to the City Council for consideration. 4.Plan Amendments and Submission Requirements The submissions for draft amendments to the Storm Water Master Plan shall address the current availability of related infrastructure (including water and wastewater service and roads constructed to the standards in the Urban Transportation Plan) at the site of the proposed development and all tracts of land that will be served by the proposed storm water collector. The draft amendment to the applicable Storm Water Master Plan should contain a recommended sequencing of construction of related storm water major drainage channels and storm water collector systems. 5.Payment and Priority of Reimbursement Page 69 of 72 A storm water collector construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are available in and appropriated from the Storm Water Collector Trust Fund. The order of reimbursement will be determined according to the date the storm water collector system construction and reimbursement agreement is approved by the City Council. 6.Deferred Reimbursement If an developer is owed funds from the Storm Water Collector Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk, and the amounts credited will be deducted from the outstanding amounts owed to the developer by the Storm Water Collector Trust Fund until the total amount owed has been paid, if the following conditions are met: a.The lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property; 8.5.3.D. The land will be served by the storm water collector for which the credit was given; and c. An extension of the storm water collector was not required to serve the land.Review of Funds Once every two years, the City Council shall review the adequacy of all fees and charges established in Subsection 8.5.3.B and the sufficiency of the Storm Water Collector Trust Fund and may, after a public hearing, adopt a new schedule of fees and charges. 8.5.3.E. Exemptions The following categories of property are exempt from the lot or acreage fees of this Section: 1.When the lot or acreage fees have been paid through platting for property and such property for which fees have been paid is replatted, an additional lot or acreage fee will not be paid except that, if at the time of replatting, the land use has changed to where the higher lot or acreage fee applies, the developer will then pay the City the difference in such higher and lower fee rate. 2.Government subdivisions, being defined as federal, state, county, or municipal entities and their subsidiary or affiliate corporations, whose operation is funded by collection of taxes, including sales tax, property tax, income tax, and other forms of taxes as may be established and accessed by such government subdivisions, shall be exempt from payment of acreage fees and surcharge fees described herein. Entities exempt from payment of said fees shall be prohibited from receiving reimbursement from any fund established as a depository of such fees. 8.5.34. Replatted Property * * * * * Page 70 of 72 SECTION 9. UDC Article 9 “General Provisions”, Section 9.2 Nonconforming Uses, Subsection 9.2.1 Compliance for Nonconforming Uses; Section 9.4 Nonconforming Improvements or Structures, Subsection 9.4.2 Government Acquisition is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: §9.2 Nonconforming Uses A nonconforming use is a land use that, at the effective date of this Unified Development Code or as a result of amendments to this Code, does not meet the standards of this Code. In addition, a use requiring a special permit but lacking such permit shall be deemed a nonconforming use. 9.2.1. Compliance for Nonconforming Uses Except as otherwise provided herein, a nonconforming use may be continued subsequent to the effective date of this Unified Development Code provided that such continuation is in accordance with the provisions of this Article and all other applicable codes of the City necessary to ensure adequate protection and safety of adjacent property and the users and occupants of the nonconforming use. The right to operate a nonconforming use, however, shall cease and such use shall conform to the provisions of this Unified Development Code under any of the following circumstances: * * * * * E. Exceptions for single- or two-family residential uses: 1. Structures that are receiving Disaster Federal grant funding for repair or reconstruction shall maintain nonconforming use. 2. After a declared natural disaster, projects utilizing private funding may be considered administratively after submission and proof of damage from natural disaster may be required. 3. Structures utilizing grant funding through the City of Corpus Christi, Housing and Community Development, may be eligible for an administrative decision. * * * * * §9.4 Nonconforming Improvements or Structures * * * * * Page 71 of 72 9.4.2. Government Acquisition Where a lot is occupied by a lawful structure, and where government acquisition of right-of- way, by eminent domain, dedication or purchase creates noncompliance of the structure regarding the development standards in Article 4, the structure shall be deemed a conforming structure. In the event a nonconforming structure, regardless of ownership or acquisition, that such structure is partially or totally destroyed by natural or accidental causes, the structure may be rebuilt in its original location upon issuance of a building permit in accordance with Section 3.18. This does not waive, relieve, or alter the Owners responsibility to comply with the Flood Hazard Prevention Code or International Code Council (ICC) construction codes adopted by the City of Corpus Christi at the time of permitting. * * * * * SECTION 10. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC and Section 1-6 of the Corpus Christi Code of Ordinances SECTION 12. 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 13. This ordinance shall become effective upon publication. Page 72 of 72 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City Council Presentation February 9, 2021 UDC 2020 Code Cycle Text Amendments 1 2020 Code Cycle 2 •Code Cycle opened on January 1, 2020 and closed on June 1, 2020 –60 Proposed amendments were received •Development Services Technical Advisory Group discussed submitted proposed amendments from March - September –53 Amendments were discussed with DSTAG •42 proposed required a UDC amendment •5 proposed did not require an amendment •13 Amendments will be discussed in 2021 Editing/Clarifying 3 12 Amendments are categorized as Editing/Clarifying Editing/Clarifying amendments are changes that remove redundant and conflicting language or provide additional clarification for an adopted standard without requiring a change in current policy. Amendments include: •Removing conflicting language between the UDC and the Code of Ordinances •Removing specific local, State and Federal code citations •Combining sections to remove redundancy and streamline the Code Minor Edits 4 4 Amendments are categorized as Minor Edits Minor edits are changes that change the intent of the Code without a change in policy. Amendments include: •Appeals to be considered by the Assistant City Manager of Development Services prior to City Council for Proportionality of Municipal Infrastructure Cost •Consolidating uses •Incentivizing development of distressed historic buildings: •Adaptive Reuse •Certificate of Appropriateness •Revising and clarifying definitions Policy Change 5 26 Amendments are categorized as Policy Change Policy Change amendments are changes that change the intent of the Code and require a change in policy. Amendments include: •Appeal/Administrative exemptions •Allow for administrative exemptions for sidewalks •Promoting public safety •Revise current language to be consentient with the International Residential Code to disallow eaves in easements. •Promote proper driveway spacing, visibility trainable and limit mid-block obstructions •Require canopy trees with a minimum caliper of 2.5 inches every 30 linear feet of frontage on an arterial or collector street right-of-way and the principal building in Mixed-Use Development. •Trust Funds •Add language to Water and Wastewater trust funds to be consentient with the Texas Local Government Code and simplify the reimbursement calculations •Remove Stormwater trust fund Policy Change Continued 6 •Accessory/Lots •Reduce side yard setbacks for non-habitable accessory •5-feet for detached non-habitable structures without residential use in RE •Increase the allowable detached accessory dwelling units: •1000 maximum total square footage of habitable space for FR, RE and RS-22 •800 maximum total square footage for RS-15 and RS-10 •500 maximum total square footage for RS-6 and RS-4.5, with the exception that lots over 10,000 square feet may allow for a maximum of 800 total square footage. •Reduce lot size/setbacks: •Minimum lot width •RE from 150 to 100 •RS-22 from 100 to 75 •RS-10 from 80 to 50 •Side yard setback •RE (single) from 25 to 15 •RE (total) from 50 to 30 Policy Change Continued 7 •Facilitating development and redevelopment •Provide an exemption for existing non-conforming lots to remain non-conforming after a natural disaster or when utilizing local, State or Federal funding for the reconstruction or rehabilitation •Remove zero lot line development from the UDC •Provide density bonuses for low impact development and improved parking in Mixed-Use Development •Reduce parking requirements for utilizing low impact development features •Allow for a reduction in parking by utilizing cross access agreements or easements and short-term bike parking spaces (bike racks) and/or long-term bike parking spaces (bike storage lockers). •Encourage alternatives to demolition for Historic properties by extending the maximum allowed days for: •Stay of demolition from 120 to 365 days •Driveway approaches from 60 to 365 days •“Removal or Amendment of Historic Designation” a permit for commercial parking use or a driveway approach may be considered for a period up to 365 days after City Council final action to remove a historic layer. 2021 Consideration 8 In 2021, Development Services will move forward with discussion and consideration for following amendments: •Park and Community Enrichment Fees •Traffic Signal Placement •Restructure Zoning Districts •Landscaping/Tree Ordinance •Parking Ratios •Streets/Update Traffic Impact Analysis (TIA) Requirements •Wastewater Exemption •Signs Outreach 9 •Development Services Technical Advisory Group –Created to vet proposed amendments with Development Services and provide agreeable amendments to be considered for adoption. –Group consistent of representatives from Planning Commission, Residential and Commercial Builders, Property Owner Association, Insurance and Real Estate Industry, Various design professionals. –Meeting Dates: •Coastal Bend Home Builders Association- December 4, 2020 •Associated General Contractors – November •UDC Focus Group •Posted for Public Comment •03/02/2020 •06/08/2020 •06/29/2020 •08/03/2020 •08/24/2020 •09/14/2020 10 Questions? DATE: January 15, 2021 TO: Peter Zanoni, City Manager peterz@cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and ESI Danielmc@cctexas.com 361-826-7011 CAPTION: Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by deleting a portion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. SUMMARY: Munoz Engineering has requested the deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway. This request is associated with the future development of two tracts (15.637 ac & 3.259 ac) located between IH-69 and the Western boundary of the assumed Wildcat Drive thus containing the subject segment of Wildcat Drive. BACKGROUND AND FINDINGS: The segment of Wildcat Drive; whose removal is being requested is categorized as a C1 – Minor Collector. The Collector Street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to “collect” neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector Street system should not create high speed “short cuts” through residential neighborhoods. The ideal collector street intersection spacing between arterials is 0.25 to 0.50 miles apart. On-street parking and direct access to homes from this street type is discouraged. The developer requesting the deletion has also provided a preliminary plat for the subject property showing two internal roads which will provide connection between County Road 52 and Proposed Urban Transportation Plan Amendment – Deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 9, 2021 Second Reading for the City Council Meeting of February 16, 2021 the un-named east to west C1 roadway. The current UTP provides no continued C1 roadway running south of County Road 52 at the location of the proposed deleted road. The perceived benefit of Wildcat Drive in the subject area, is assumed to be the transport of vehicular traffic north to south from County Road 52 to Northwest Boulevard. This ultimate goal is hampered by the existing development pattern along Northwest Boulevard. The existing intersection of Northwest Boulevard and Wildcat Drive would require that an extension of Wildcat to the South be constructed in the area between the Corpus Christi Medical Center – Northwest and a Chick-fil-a restaurant. This area is already occupied by a driveway which services both the Hospital and Chick-fil-a. ALTERNATIVES: No alternatives were considered for this request. FISCAL IMPACT: There is no financial/fiscal impact associated with this ordinance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the request to remove this portion of the (C1) Minor Collector. The Transportation Advisory Committee and Planning Commission have both recommended the approval of this amendment to delete this portion of Wildcat Drive. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: Wildcat Drive Area Map Applicant Request for UTP amendment Presentation Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by moving a portion of Wildcat Drive at County Road 52 ; amending related elements of the Comprehensive Plan of the City; and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council held a public hearing, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council amedned the draft ordinance to move a portion of Wildcat Drive rather than delete; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended by moving a portion of Wildcat Drive at County Road 52, as shown on Exhibit “A,” which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Un-Named Road Wildcat Drive F1 C1 A2 A1 C1 F1 F1 C1 C1 A2 µ0 800 1,600400Feet 1 inch = 400 feet Legend Pavement Private Drive Bldg Site Pad Site UTP Existing Status Minor Arterial -Proposed SecondaryArterial -Proposed Minor Collector -Proposed Freeway -Existing UTP Proposed Status Shifted UTPAlignment Exhibit A - UTP Amendment - Wildcat Drive DDDDDDDDDDDDDDDDDDDDDDDDDDDF1 C1 A2 A1 C1 F1 F1 C1 C1 A2 µ 0 500 1,000250Feet 1 inch = 250 feet Legend UTP Existing Status Minor Arterial - Proposed Secondary Arterial - Proposed Minor C ollector - Proposed Freeway - Existing UTP Propose d Status D D Deleted Roadway Shifted UTP Alignment Pavem ent Private Drive Bldg Site Pad Site Wildcat Drive - UTP Amendment Request From: Thomas Tiffin <ttiffin@munozengrg.com>   Sent: Thursday, November 12, 2020 4:02 PM  To: Annika Gunning Yankee <AnnikaG@cctexas.com>  Cc: Daniel McGinn [ESI] <DanielMc@cctexas.com>  Subject: Nemec Towne Center ‐ Transportation Plan    [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask  for a password, username, payment or to take action from an email. When in doubt,  please forward to SecurityAlert@cctexas.com. ] ]    Annika,    Attached is the Preliminary Layout of Nemec Towne Center and Transportation Plan request  drawings.  We are requesting that the transportation plan be reviewed as the properties to the North  have not dedicated or constructed any portion of the road, the subject property is to be commercial and  not residential as the city’s future land use indicates, and we will have two north to south private streets  to provide for ample access in the area of the commercial area.  We request an exemption to  transportation plan as indicated on the exhibit.  Please let me know if you need anything else or if  further discussion shall be needed as I would like to get this cleared up in the coming week if possible.    Please feel free to contact me if you have any comments or questions.    Thank you,  Thomas Tiffin, P.E. Principal – Land Development MUNOZ ENGINEERING 1608 S. Brownlee Blvd Corpus Christi, Texas 78404 Office: 361.946.4848 Direct/Cell: 361.550.8226 TBPE Firm No. F-12240 Veteran Owned Company Texas Unified Certification – Disadvantaged Business Enterprise (DBE) Certificate Texas Historically Underutilized Business (HUB) Certificate Notice: This communication, including any attachments or links, is for the use of the addressee(s) and may contain proprietary, confidential, and/or priviledged information. If you are not the intended recipient of this e-mail, any use, copying, disclosure, dissemination or distribution is prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this communication and destroy any and all copies.   S84° 52' 08.37"E 976.31'S9° 16' 51.63"W 1,199.92'N84° 52' 09.90"W 976.31'N9° 16' 51.63"E 936.63'N9° 16' 51.63"E 263.28'8136,649 SFT1428,495 SFT131,456 SFT11109,223 SFT1033,347 SFT12327,848 SFT433,360 SFT339,463 SFT955,789 SFT528,068 SFT639,931 SFT742,639 SFT1204,935 SFT21,456 SFT1529,928 SFTAM LAND SURVEYING PO BOX 71094 CORPUS CHRISTI, TEXAS 78467 OFFICE: (361) 333-6317 FIRM REGISTRATION NO. 10194360 amlandsurveying@yahoo.comLAND SURVEYING PRELIMINARY LAYOUT OF NEMEC TOWNE CENTER CORPUS CHRISTI, NUECES COUNTY, TEXAS PRELIMINARY LAYOUT OFNEMEC TOWNE CENTERPHASE 1PHASE 2PHASE 3PHASE 3PHASE 4PHASE 5NOT TO SCALELOCATION MAPPROJECTLOCATIONNNORTHWEST BLVDCOUNTY ROAD 52INTERST A T E 6 9 / U S H W Y 7 7 ”#NOTE: THIS PRELIMINARY LAYOUT OF NEMEC TOWNE CENTER IS SUBJECTTO CHANGE DUE TO PROJECT AND TENANT REQUIREMENTS City Council Presentation January 26, 2021 Urban Transportation Plan (UTP) Amendment – Deletion of Wildcat Drive from County Road 52 North to an un-named East to West Collector Roadway 1 Urban Transportation Plan – Wildcat Drive 2 Urban Transportation Plan – Wildcat Drive 3 Background: Wildcat Drive Project 4 •The applicant working with Munoz Engineering is contracted to purchase two tracts (15.64ac & 3.26ac) currently owned by Nemec Family Properties LTD. •The Current UTP calls for the extension of Wildcat Drive, from Northwest Boulevard to County Road 52. •The construction of Wildcat Drive to the North of County Road 52 and South of the un-named Collector roadway, is perceived to have reduced value due to; –The change in landuseof the subject development from residential to commercial will reduce the utility of the subject Collector Roadway –The subject roadway’s assumed connection to Northwest Boulevard is hampered by the existing development pattern (Northwest Hospital & Chick-fil-a). –The subject property will provide access and connectivity through an internal driveway system south to CR 52. Recommendation: 5 •Planning Commission and the Transportation Advisory Committee both recommended approval •Staff Recommends Approval DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Director of Grant Monitoring RudyB@cctexas.com (361) 826-3021 CAPTION: Ordinance authorizing the acceptance of a grant from the Texas General Land Office - Community Development Block Grant Disaster Recovery to conduct a voluntary residential home buyout program for five to ten homes located in flood-prone areas throughout the City of Corpus Christi in an amount of $1,319,559.00; and appropriating $1,319,559.00 to the Community Development Block Grant Program Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of a grant from the Texas General Land Office (GLO) - Community Development Block Grant Disaster Recovery (CDBG-DR). This grant will allow the City to conduct a voluntary residential buyout program to buy residential homes located in flood-prone areas with the grant funds. The City will demolish the acquired homes and the vacant lots will remain as green space. BACKGROUND AND FINDINGS: On January 15, 2019, City Council approved a resolution authorizing the submittal of applications to the Texas GLO for the CDBG-DR grant for post-Harvey disaster related recovery efforts. In December 2019, the City received notification of approval from the GLO to conduct a voluntary residential buyout program for homes that are located in flood-prone areas throughout the City of Corpus Christi. The acquired funding for the buyout program will support the homeowners whose property resides in a mapped FEMA floodway and remain at high risk of flooding. This program will assist households with financial limitations due to the declined value of their real estate as it relates to the properties located in the flood zone. The City will advertise this program through its website and conduct community outreach activities. The CDBG-DR Voluntary Buyout Program Guidelines has the policies and procedures to participate in the buyout program. The properties purchased with the grant funding will be demolished and deed restricted to serve as green spaces. Acceptance and Appropriation of Funds from the Texas General Land Office Community Development Block Grant for the Disaster Recovery Residential Voluntary Buyout Program AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of February 9, 2021 Second Reading Ordinance for the City Council Meeting of February 16, 2021 ALTERNATIVES: An alternative is to not accept the grant. By doing so, households in flood-prone areas will continue to experience flooding during major rain events and hurricanes. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of the grant in an amount of $1,319,559.00 to the Community Development Block Grant Fund. Funding Detail: Fund: Community Development Block Grant (Fund 1059) Amount: $1,319,559.00 RECOMMENDATION: Staff recommends approval of the ordinance. This grant will allow the City to conduct a voluntary residential buyout program to buy residential homes located in flood-prone areas with the grant funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Ordinance accepting the Community Development Block Grant – Disaster Recovery (“CDBG-DR”) grant from the Texas General Land Office (GLO) to conduct a voluntary residential buyout program for homes located throughout the City of Corpus Christi; appropriating $1,319,559.00 in the Community Development Grant Fund; adopting the City of Corpus Christi Voluntary Buyout Program Guidelines; and designating authorized signatories for contractual and financial documents pertaining to Grant Contract No. 20-066-017-C123. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary to accept the Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding from the General Land Office in the amount of $1,319,559.00 to conduct a voluntary residential buyout program for homes located in flood-prone areas throughout the City of Corpus Christi. SECTION 2. $1,319,559.00 is appropriated in Fund No. 1059 Community Development Grant Fund. SECTION 3. The City of Corpus Christi Voluntary Buyout Program Guidelines, attached as Exhibit A, are adopted. SECTION 4. The City Manager, Assistant 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 the CDBG-DR Contract No. 20-066-017- C123. 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 the CDBG-DR Contract No. 20-066-017-C123. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor December 27, 2020 CDBG-DR Voluntary Buyout Program Guidelines City of Corpus Christi, TX 1 | P a g e Voluntary Buyout Program Guidelines | December 2020 Table of Contents §1.0.1 Background and Need ........................................................................................................................ 3 §2.0.1 Introduction ........................................................................................................................................ 3 §2.0.2 Acronyms and Definitions ................................................................................................................. 4 §2.1.1 Acronyms ....................................................................................................................................... 4 §2.1.2 Definitions...................................................................................................................................... 5 §3.0.1 Objectives ........................................................................................................................................ 14 §3.1.1 GLO Housing Guidelines ............................................................................................................. 14 §3.2.1 Affirmatively Furthering Fair Housing ........................................................................................ 14 §4.0.1 Project Design .................................................................................................................................. 16 §4.1.1 Eligible Costs ............................................................................................................................... 16 §4.1.2 End Use of Real Property Acquired ............................................................................................. 16 §4.2.1 National Objective Methodology ................................................................................................. 16 §4.2.2 70% LMI Requirement ................................................................................................................ 17 §4.2.3 Income Certification Process ....................................................................................................... 18 §4.2.4 Needs Assessment Methodology ................................................................................................. 18 §4.3.1 Buyout Target Area ...................................................................................................................... 18 §4.3.1a Identification of Buyout Areas ............................................................................................... 18 §4.3.2 Eligible Property Types for Buyout Assistance ........................................................................... 18 §4.3.3 Program Marketing ...................................................................................................................... 19 §4.3.3a Affirmative Marketing Plan (AMP) ....................................................................................... 19 §4.3.4 Timelines and Notices .................................................................................................................. 21 §4.4.1 Environmental Clearance Requirements ...................................................................................... 22 §4.4.2 Environmental Review Processes ................................................................................................ 22 §4.5.1 Application Prioritization ............................................................................................................. 23 §4.5.1a Contiguous Tracts of Land for Open Space and Vacant Parcels ............................................ 23 §4.6.1 Applicant Data ............................................................................................................................. 23 §4.6.1a Household Demographic Information .................................................................................... 24 §4.6.2 Record Keeping and Retention Period ......................................................................................... 24 §4.7.1 Verification of Eligibility ............................................................................................................. 24 §4.7.2 Verification of Storm Impact and Proof of Damage (Tie-Back) ................................................. 24 §4.7.3 Conflict of Interest Policy ............................................................................................................ 25 §4.7.4 Documentation Signatures and False Claim Language................................................................ 25 2 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.7.5 Proof of Ownership ...................................................................................................................... 25 §4.7.5a Applicants Unable to Clear Title ............................................................................................ 26 §4.7.5b Subsequent Owners ................................................................................................................ 26 §4.7.5c Gift of Property ...................................................................................................................... 26 §4.7.5d Properties Owned by Estates or Business Entities ................................................................. 27 §4.7.6 Proof of Property Taxes ............................................................................................................... 27 §4.7.7 Proof of Non-Delinquent Child Support ...................................................................................... 27 §4.7.8 Second Homes ............................................................................................................................. 27 §4.7.9 Duplication of Benefit Verification ............................................................................................. 27 §4.7.9a SOP for Open Insurance Claims and Pending Litigation ....................................................... 28 §4.7.9b SBA Loans ............................................................................................................................. 28 §4.7.10 Flood Insurance Requirement Review (FEMA Non-Compliance) ............................................ 28 §4.7.11 Citizenship and Eligible Immigrants .......................................................................................... 29 §4.7.12 Ineligibility Determinations and Notifications ........................................................................... 29 §4.8.1 Award Calculations and Incentives .............................................................................................. 29 §4.8.2 Program Caps ............................................................................................................................... 29 §4.8.3 Eligible Costs at Closing .............................................................................................................. 29 §4.8.4 Valuation Process ......................................................................................................................... 30 §4.8.4a Appeal of the Valuation ......................................................................................................... 30 §4.8.5 Uniform Offer Calculation Methodology .................................................................................... 30 §4.8.6 Incentive Payment Eligibility Verification .................................................................................. 32 §4.9.1 Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) .................. 33 §4.9.2 Anti-Displacement and Relocation Plan ...................................................................................... 33 §4.10.1 Complaint and Appeal Process .................................................................................................. 38 §4.10.2 Case Management Services ....................................................................................................... 38 §4.10.2a Other Languages and Disabilities ......................................................................................... 39 §4.11.1 Applicant Closings (Real Estate Settlement) ............................................................................. 39 §4.11.1a Foreclosures and Short Sales .................................................................................................... 39 §4.11.2 End-Use Restrictions ................................................................................................................. 40 §4.12.1 Demolition of Structures ............................................................................................................ 40 §4.13.1 File Closeout .............................................................................................................................. 40 §4.13.2 Audit Requirements ................................................................................................................... 41 §5.0.1 Public Comment ............................................................................................................................... 42 3 | P a g e Voluntary Buyout Program Guidelines | December 2020 §1.0.1 Background and Need The hurricane season of 2017 proved to be the most expensive in United States history, impacting families from Puerto Rico to Florida and across the Texas coast. Hurricane Harvey made landfall on August 25, 2017, between Port Aransas and Port O’Connor as a Category 4 hurricane with sustained winds over 130 mph. After initial impact, Hurricane Harvey’s winds began to decrease, but due to two high-pressure systems to the east and west, it remained fixed over the Texas coast for the next 4 days. During this period, as much as 60 inches of rain fell over the impacted area. The General Land Office (GLO) estimates the cost of damages from Hurricane Harvey at $120 billion, making it the costliest event in U.S. history. The hurricane shut down ports, trade, tourism, oil and gas production, agricultural production, and general businesses across most of the Texas coast, for almost a week and, in some cases, significantly longer. Hurricane Harvey made landfall on the Central Texas coast as a Category 4 storm on August 25, 2017, according to the National Hurricane Center, which warned of catastrophic flooding from the storm surge and torrential rains. The eye of the storm swept ashore with 130-mile-per-hour winds about 9:45 p.m. between Port Aransas and Port O’Connor, just northeast of Corpus Christi. But as the center of the storm moved to the northeast toward Victoria and other inland cities, the danger was just starting. Harvey made landfall, later, the storm made a second landfall — on the Northeastern Shore of Copano Bay. The hurricane was downgraded to a Category 3, with 125 m.p.h. winds. Within an hour of landfall, there were reports of major damage in Corpus Christi and north of there. The storm surge peaked between 9 to 13 feet above ground level in the Corpus Christi area. With rainfall, totaling as much as 40 inches. Due to the slow motion of Harvey and a prolonged period of onshore flow, water levels remained elevated for several days. Among the damage that was expected to trail Hurricane Harvey: downed walls and power lines, roofless businesses and unanchored mobile homes. Electricity could be unavailable for weeks. According to FEMA Individual Assistance (FEMA-IA) data, the City of Corpus Christi housing received $6,619,866.66 in FEMA Verified Loss (FEMA-FVL). Over 44,000 households applied for FEMA-IA of which 468 homes were deemed to be rental properties at the time of the storm. §2.0.1 Introduction In response to the damage caused by Hurricane Harvey and other natural disasters that occurred across the nation in 2017, the U.S. Congress appropriated $28 billion in Federal Fiscal Year 2018 funds for the Community Development Block Grant-Disaster Recovery (CDBG-DR) program through Public Law 113-2. Enacted on January 29, 2013, this law stipulates that these funds be used for the following recovery efforts:“…for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long- term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a major declared disaster that occurred in 2017 (except as otherwise provided under this heading) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to the State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974) at the discretion of the Secretary…” Ultimately, HUD determined that the portion of the entire allocation that would be granted to the State of Texas would be $5.024 billion in Federal Register Volume 82 Number 28. Subsequent to this 4 | P a g e Voluntary Buyout Program Guidelines | December 2020 determination, the State of Texas developed a framework for locally administrated CDBG-DR buyouts and acquisitions under the umbrella of its Local Buyout and Acquisition Program. This program was described along with several other disaster recovery initiatives as outlined in the State of Texas Action Plan for Community Development Block Grant Program Disaster Recovery (“Action Plan”). The Local Buyout and Acquisition Program is designed to assist Texans whose homes were damaged by Hurricane Harvey. Following a framework created by the State of Texas, communities that were allocated funds for buyouts/acquisitions will aim to purchase homes that were impacted by Hurricane Harvey. Communities received allocations under a formal Method of Distribution Process (“MOD”) organized and administrated by regional Counsels of Governments (“COGs”). To receive a buyout/acquisition allocation, COGs must have determined that localities had more than one million dollars of housing need that could be addressed through buyout/acquisition program activities. The City of Corpus Christi received an allocation totaling to $1,319,559.00 through the Coastal Bend Council of Government (CBCOG) MOD. §2.0.2 Acronyms and Definitions §2.1.1 Acronyms Acronym Name AA Allowable Activities ABFE Advisory Base Flood Elevations BFE Base Flood Elevation CDBG Community Development Block Grant CRS Community Rating System DHAP Disaster Housing Assistance Program DRGR Disaster Recovery Grant Reporting System DOB Duplication of Benefit ECR Estimated Cost of Repair FMV Fair Market Value FEMA Federal Emergency Management Agency GLO State of Texas General Land Office HQS Housing Quality Standards HUD Department of Housing and Urban Development 5 | P a g e Voluntary Buyout Program Guidelines | December 2020 IFB Invitation for Bid IRS Internal Revenue Service LEP Limited English Proficiency LMA Low to Moderate Area LMI Low to Moderate Income MPS Minimum Property Standards MBE Minority Business Enterprise NEPA National Environmental Policy Act NFIP National Flood Insurance Program OIA Office of Internal Audit OIG HUD Office of Inspector General PCB Policy Change Control Board POA Power of Attorney QA Quality Assurance QC Quality Control QPR Quarterly Performance Report RV Recreational Vehicle REO Real Estate Owned Property RFP Request for Proposal RFQ Request for Qualifications RE Responsible Entity RL Repetitive Loss SAVE Systematic Alien Verification for Entitlements SBA Small Business Administration SEQR State Environmental Quality Review Act SFHA Special Flood Hazard Area SOW Scope of Work SRL Severe Repetitive Loss SSC Site Specific Checklist SSDI Social Security Disability Income TSA Transitional Shelter Assistance UGLG Units of General Local Government URA Uniform Relocation Act §2.1.2 Definitions 100- Year Floodplain: Also referred to as ‘base flood.’ This term, adopted by the NFIP as the basis for mapping, insurance rating, and regulating new construction, is the flood plain that would be inundated in the event of a 100-year flood. The 100-year floodplain has a one percent chance of sustaining equaled or exceeded inundation during any given year. Advisory Base Flood Elevations (ABFE): Provide a better picture of current flood risk than the existing Flood Insurance Rate Maps (FIRMs), which in some cases are more than 25 years old. 6 | P a g e Voluntary Buyout Program Guidelines | December 2020 The new ABFEs are the recommended elevation of the lowest floor of a building. State law, some communities, and the Residential Building Code may require that the lowest floor be built above the ABFE. The ABFEs are based on Federal Emergency Management Associations (FEMA) coastal studies that were completed before Hurricane Sandy. The studies include data that has been collected and analyzed over a number of years. Though advisory now, eventually information used to develop the ABFEs will be incorporated into official FIRMs. Base Flood Elevation (BFE): The elevation that waters from a 100-year flood will reach. Bi-Party Agreement: Document between the Contractor and the Property owner that states the responsibilities of both parties before, during and after construction. Change Orders: Modifications to the Scope of Work required due to unforeseen circumstances. Community Development Block Grant (CDBG): A federal program administered by the US Department of Housing & Urban Development (HUD) which provides grant funds to local and state governments. The CDBG program works to ensure decent affordable housing, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses. Condominium: A building or complex in which units of property, such as apartments, are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners. Condominium Association: The entity made up of the unit owners responsible for the maintenance and operation of: o Common elements owned in undivided shares by unit owners o Other real property in which the unit owners have use rights Contract for Deed (also referred to as a Lease Purchase Agreement): Legal document that establishes items to be met in order for the deed to a piece of property to transfer from one person to another, usually in exchange for monthly payments until the purchase price has been paid. Conveyance: The act of transferring an ownership interest in a property from one party to another. Conveyance also refers to the written instrument, such as a deed or lease, that transfers legal title of a property from the seller to the buyer. Cooperative apartments (Coops): Owner owns stock in the corporation that owns the apartment building. The building then “leases” the cooperative apartment to the buyer under a long-term proprietary lease. Coop owners pay monthly maintenance to the building corporation for items such as the expenses of maintaining and operating the building property, property taxes and the underlying mortgage on the building (if any). Department of Housing and Urban Development (HUD): Federal department through which the 7 | P a g e Voluntary Buyout Program Guidelines | December 2020 Program funds are distributed to grantees. Disaster Recovery Grant Reporting System (DRGR): The Disaster Recovery Grant Reporting system was developed by HUD's Office of Community Planning and Development for the Disaster Recovery CDBG program and other special appropriations. Data from the system is used by HUD staff to review activities funded under these programs and for required quarterly reports to Congress. Disaster Risk Reduction Area: A geographic area outside of a floodplain and/or floodway that a grantee or subrecipient can target for pre-storm FMV buyouts. To create a Disaster Risk Reduction Area (“DRRA”), the purchasing agency must prove (1) The hazard was caused or exacerbated by the Presidentially declared disaster for which the grantee received its CDBG–DR allocation; (2) The hazard must be a predictable environmental threat to the safety and well-being of program beneficiaries, as evidenced by the best available data and science; and (3) The Disaster Risk Reduction Area must be clearly delineated so that HUD and the public may easily determine which properties are located within the Disaster Risk Reduction Area. See Federal Register Vol. 80 No. 222. Duplex: A residential structure consisting of two separate dwelling units, side by side or one above the other. Duplication of Benefit (DOB): Any payments the Property owner received for disaster assistance for the same loss that the Program is providing assistance. A duplication occurs when a beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total need for a particular recovery purpose. The amount of the duplication is the amount of assistance provided in excess of need. Earth Movement: Is a FEMA term where there are shifts to land caused by landslide, slope failure, saturated soil mass moving by liquidity down a slope, or sinking of the earth. Elderly Person: [24 CFR 891.205] An elderly person is a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy. Environmental Review Record (ERR): A permanent set of files containing all documentation pertaining to the environmental review compliance procedures conducted and environmental clearance documents Environmental Code: Properties located where federal assistance is not permitted are ineligible for Program assistance. Properties must be in compliance with Environmental Code 24 CFR Part 58. Estimated Cost of Repair (ECR): Provides an estimate of the basic costs needed to repair the home. Person with Disabilities: [24 CFR 5.403]. A person with disabilities for purposes of program eligibility: 1. Means a person who: 8 | P a g e Voluntary Buyout Program Guidelines | December 2020 i. Has a disability, as defined in 42 U.S.C. 423; ii. Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or iii. In the case of an individual who has attained the age of 55 and is blind, inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he/she has previously engaged with some regularity and over a substantial period of time. For the purposes of this definition, the term blindness means central vision acuity of 20/200 or less in the better eye with use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for the purposes of this paragraph as having a central visual acuity of 20/200 or less. ii. Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that: i. Is expected to be of long-continued and indefinite duration, ii. Substantially impedes his or her ability to live independently, and iii. Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or iv. Has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(8)) Federal Emergency Management Agency (FEMA): An agency of the United States Department of Homeland Security. The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. Fair Market Value: The hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation. Garden Apartments: Multi-unit apartment complexes usually located on one or two stories with the entrances to individual apartments contained along a common walkway. These complexes usually have a common off-street parking lot as well as other common public spaces. Gift of Property: A form of property transfer without exchange or payment. Grantee: The term ‘‘grantee’’ refers to any jurisdiction receiving a direct award from HUD under Notice FR–5696–N–01. Housing Quality Standards: HUD minimum standards for housing programs. HQS standards apply to the building and premises, as well as the unit. The City is required by HUD regulations to inspect the unit to ensure that is "safe, decent and sanitary. 9 | P a g e Voluntary Buyout Program Guidelines | December 2020 Invitation for Bid (IFB): The method used for the sealed bid process. IFBs usually include a copy of the specifications for the particular proposed purchase, instructions for preparation of bids, and the conditions of purchase, delivery and payment schedule. The IFB also designates the date and time of bid opening. Internal Revenue Service (IRS): Federal department responsible for tax collection and tax law enforcement. Limited English Proficiency (LEP): A designation for person that are unable to communicate effectively in English because their primary language is not English and they have not developed fluency in the English language. A person with Limited English Proficiency may have difficulty speaking or reading English. An LEP person will benefit from an interpreter who will translate to and from the person’s primary language. An LEP person may also need documents written in English translated into his or her primary language so that person can understand important documents related to health and human services. Lost Ownership: Property owners who lost ownership of their homes due to foreclosure, or are pending foreclosure, are ineligible for Program assistance. Low-to-Moderate Income (LMI): Low to moderate income people are those having incomes not more than the “moderate-income’ level (80% Area Median Family Income) set by the federal government for the HUD assisted Housing Programs. This income standard changes from year to year and varies by household size, county and the metropolitan statistical area. Verify 70% Low-to-Moderate Area (LMA): An area in which 51% of the individuals are at or below 80 % of the area median income (AMI), and the public benefit of HUD funded activities are determined to benefit the entire benefit area. Minority Business Enterprise (MBE): A business that is owned and controlled (minimum of 51 percent ownership) by a member of a minority group. Mixed-Status Family: Is a family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. National: A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Noncitizen: A person who is neither a citizen nor a national of the United States. National of the United States: A non-US citizen who holds allegiance to the US is not considered an alien. For practical purposes, this describes a few people who live on some islands in the South Pacific. National Environmental Policy Act (NEPA): Establishes a broad national framework for protecting the environment. NEPA's basic policy is to assure that all branches of government give proper consideration to the environment prior to undertaking any major federal action that could significantly affect the environment. 10 | P a g e Voluntary Buyout Program Guidelines | December 2020 National Flood Insurance Program (NFIP): Created by Congress in 1968 to reduce future flood damage through floodplain management and to provide people with flood insurance through individual agents and insurance companies. FEMA manages the NFIP. Notice of Opportunity to Rescind: The Property owner has 3 business days to rescind the contract signing. On the fourth business day, the Property owner signs the form to either rescind the contract or to move forward with the program. HUD Office of Inspector General (OIG): OIG’s mission is independent and objective reporting to the Secretary and the Congress for the purpose of bringing about positive change in the integrity, efficiency, and effectiveness of HUD operations. The Office of Inspector General became statutory with the signing of the Inspector General Act of 1978 (Public Law 95-452). Policy Change Control Board (PCB): will review the change, and approve or deny the proposed changes as they believe appropriate. The PCB will evaluate Cost, Scope and Schedule prior to making any policy changes. The PCB will be represented by Public Relations, Training, Information Technology, Anti-Fraud Waste and Abuse, QA, Contracting & Procurement, Federal Compliance and Program Directors. Power of Attorney (POA): An authorization to act on someone else's behalf in a legal or business matter. Purchase Contracts: Contract for deed is not eligible unless the Property owner converts his/her contract to full ownership prior to receiving funding assistance from the program. Quality Assurance (QA): Planned and systematic production processes that provide confidence that the policy and procedures of the Program are being executed as planned. Quality Control (QC): Testing to ensure that the policy and procedures of the Program are being executed as planned. Quarterly Performance Report (QPR): Each grantee must submit a QPR through the DRGR system no later than 30 days following the end of each calendar quarter. Within 3 days of submission to HUD, each QPR must be posted on the grantee’s official web site. Recreational Vehicle (RV): A motorized wheeled vehicle used for camping or other recreational activities. Repair: The labor, materials, tools, and other costs of improving buildings, other than minor or routine repairs. Repetitive Loss: Property is any insurable building for which two or more claims of more than $1,000 were paid by the National Flood Insurance Program (NFIP) within any rolling ten-year period, since 1978. A RL may or may not be currently insured by the NFIP. Request for Proposal (RFP): A procurement document designed to solicit proposal services where cost is considered as a factor. 11 | P a g e Voluntary Buyout Program Guidelines | December 2020 Request for Qualifications (RFQ): A procurement document designed to solicit a quote for services defined. Responsible Entity (RE): Under 24 CFR Part 58, the term “responsible entity” (RE) means the grantee receiving CDBG assistance. The responsible entity must complete the environmental review process. The RE is responsible for ensuring compliance with NEPA and the Federal laws and authorities has been achieved, for issuing the public notification, for submitting the request for release of funds and certification, when required, and for ensuring the Environmental Review Record (ERR) is complete. Reverse Mortgage: A special type of home loan that lets a Property owner convert the equity in his/her home into cash. To qualify, the Property owner must be at least 62 years of age, must occupy the property as their principal residence, and must have sufficient equity in the property. Real Estate Owned Property (REO): A property owned by a lender—typically a bank, government agency, or government loan insurer—after an unsuccessful sale at a foreclosure auction. Second Home: If a second home is not rented out at any time during the year, it is a second home regardless of if it is used by the household or not. If a home is rented out part of the year and the owner uses the home more than 14 days or more than 10 percent of the number of days during the year that the home is rented, then it is a second home. If a home is rented out for part or all of the year and the owner does not use the home long enough then it is rental property and not a second home. Severe Repetitive Loss: A property that is covered under an NFIP flood insurance policy and (a). has at least four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000, and (b). for which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building. For both (a) and (b), at least two of the reference claims must have occurred within any ten-year period, and must be greater than 10 days apart. Short Sale: When a financially distressed homeowner sells their property for less than the amount due on the mortgage. The buyer of the property is a third party (not the bank), and all proceeds from the sale go to the lender. The lender either forgives the difference or gets a deficiency judgment against the borrower requiring him or her to pay the lender all or part of the difference between the sale price and the original value of the mortgage. In some states, this difference must legally be forgiven in a short sale. Site Specific Checklist (SSC): The environmental compliance checklist that is required to document environmental clearance before Federal funds are permitted to be awarded. Slum and Blight: “Blighted area” and “slum” mean an area in which at least seventy per cent of the parcels are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the state or a political subdivision of the state, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, 12 | P a g e Voluntary Buyout Program Guidelines | December 2020 safety, morals, or welfare in their present condition and use Small Business Administration (SBA): SBA’s Office of Disaster Assistance (ODA) provides affordable, timely and accessible financial assistance to Property owners, renters, and businesses. The SBA low-interest, long-term loans are the primary form of federal assistance for the repair and rebuilding of non-farm, private sector disaster losses. Special Flood Hazard Area (SFHA): The base floodplain displayed on FEMA maps. It includes the A and V zones. Scope of Work (SOW): The Scope of Work will be prepared after a thorough on-site inspection and documented into a project specific work write-up report. The work write-up will identify needed repairs to bring the home up to the Program’s minimum property standards. Subordination Agreement: A written contract in which a lender who has secured a loan by a mortgage or deed of trust agrees with the property owner to subordinate the earlier loan to a new loan (thus giving the new loan priority in any foreclosure or payoff). Subrogation: The process by which duplicative assistance paid to the Property owner after receiving an award are remitted to the Program in order to rectify a duplication of benefit. Substantial Damage: Occurs when a property sustains damages that equal or exceed 50 percent of its Fair Market Value (FMV) prior to the event, as determined by a local authorized official (e.g., a code officer) and is sent a Substantial Damage Letter, or if the ECR/AA value (minus elevation and bulkheads costs) meets or exceeds 50 percent of the Program cap. Systematic Alien Verification for Entitlements (SAVE): Is a web-based service that helps federal, state and local benefit-issuing agencies, institutions, and licensing agencies determine the immigration status of benefit Property owners so only those entitled to benefits receive them. TIGR: The central electronic grants management system that the State has chosen to use for the Program. Trust: A legal vehicle to hold property subject to certain duties and to protect it for another individual(s). Two-Family Homes: Owner occupying one unit and a tenant occupying the other. Uniform Relocation Act (URA): A federal law that establishes minimum standards for federally funded programs and projects that require the acquisition of real property (real estate) or displace persons from their homes, businesses, or farms. Urgent Need Objective: Under the disaster recovery federal regulations, HUD has determined that an urgent need exists within the Presidentially Declared counties. An urgent need exists because existing conditions pose serious and immediate threat to health/welfare of community, the existing conditions are recent or recently became urgent (typically within 18 months), and the sub- grantee or state cannot finance the activities on its own because other funding sources are not available. All Property owners which cannot meet the LMI National Objective will be placed into 13 | P a g e Voluntary Buyout Program Guidelines | December 2020 the Urgent Needs category. 14 | P a g e Voluntary Buyout Program Guidelines | December 2020 §3.0.1 Objectives §3.1.1 GLO Housing Guidelines The primary focus of the City of Corpus Christi’s housing buyout program is to provide relief for survivors affected by an event while complying with all CDBG-DR requirements and addressing recognized impediments to fair housing choice as required under the Fair Housing Act. Assistance will be provided to survivors under activities related to buyout/acquisition, resettlement and housing incentives, and social equity incentives. The buyout program will aim to meet the following objectives (please reference section 4.5.1 for further prioritization): • Efficiently remove repetitive loss, severe repetitive loss, and otherwise vulnerable housing from regulatory floodways while assisting homeowners with the process of purchasing safe replacement homes outside of the areas of hazard. • Prioritize households in which members are under the age of 18, female heads of household, elderly and disabled households, households which are LMI income eligible, and/or Veteran populations while affirmatively furthering fair housing. • Emphasize replacement housing choices and designs to reduce maintenance and insurance costs, as well as provide the provision of independent living options. The intent of the buyout program is to identify and buy out properties in the most impacted areas within the city limits. The intent is not to create a checkerboard effect which will be taken into consideration with the buyout program. §3.2.1 Affirmatively Furthering Fair Housing The City of Corpus Christi is committed to affirmatively furthering fair housing through established affirmative marketing policies. The City has selected areas impacted by the storm that have been designated as target buyout areas (Attachment A-City of Corpus Christi City Limits). The goal of Affirmatively Furthering Fair Housing rule is to provide additional opportunity areas where racial and ethnics minorities may benefit from Federal, State, and Local resources that may not have been historically available. One Condition place on the City of Corpus Christi during the GLO AFFH review of the intended Buyout program was: Buyout applicants that are not already identified in the DRRA map should be kept in a separate applicant/participant log with all applicants with the amount of the award in each area (acquisition, relocation assistance and Homebuyer Assistance), and, where possible, the race or ethnicity of the applicant (since this is generally voluntary information, if it is not obtainable, that should be indicated) for each applicant whether awarded or not. Personally Identifiable Information should not be included (social security numbers, driver’s license information or mortgage information) as it is not relevant for this review. A log of this nature will expedite the review for GLO monitors or outside parties to ensure the program is in keeping with the goals of the Affirmatively Furthering Fair Housing Final Rule. The City, either on its own or through a Program Manager will be responsible for the development of this list and, prior to awards being made, the City will analyze the list to ensure that the applicants involved, where possible in the buyout target area, are in conformance, at a minimum, to the overall population demographics of the City. In the event that there are not sufficient racial and/or ethnic minorities on the application list or participating in the program, the City will provide additional outreach within the target areas or provide certification that every property owner in the target has been 15 | P a g e Voluntary Buyout Program Guidelines | December 2020 contacted at a personal level (see Section 4.3.3a) and has chosen not to participate. In the event that the racial and ethnic participation cannot be achieved within the 70% LMI program requirements, the incomes of those who do not meet the LMI requirement will be included in the list maintained by the City and added as an exhibit to the certification. Corpus Christi is committed to affirmatively furthering fair housing through established affirmative marketing policies. The City’s affirmative marketing efforts for the disaster funding will include the following: • An Affirmative Fair Housing Marketing Plan, based on HUD regulations, will be followed by the Subrecipient. The plan includes items on GLO's checklist to affirmatively market units financed through the Program. The procedures cover dissemination of information, technical assistance to applicants, project management, reporting requirements, and project review. • The goal is to ensure that outreach and communication efforts reach eligible survivors from all racial, ethnic, national origin, religious, familial status, the disabled, “special needs,” and gender groups. Notification to these populations will include: o Information regarding their eligibility for the buyout program and a summary of what the program does o Encouragement to apply for the buyout program o Given the opportunity to relocate to an area of their choice • Emphasis will be focused on successful outreach to LMI areas and those communities with minority concentrations that were affected by the disaster. Outreach efforts will include door- to- door canvassing and special outreach efforts to hard-to-reach populations (e.g., seniors, and persons with severe disabilities who either do not have information about the resources available or are unable to apply for resources). • In addition to marketing through widely available media outlets, efforts may be taken to affirmatively market the CDBG-DR Program as follows: o Advertise with the local media outlets, including newspapers and broadcast media, that provide unique access for persons who are considered members of a protected class under the Fair Housing Act; o Include flyers in utility and tax bills advertising the Program; o Reach out to public or non-profit organizations and hold/attend community meetings; and o Other forms of outreach tailored to reaching the eligible population, including door-to- door outreach, and on the weekends, if necessary. o Measures will be taken to make the Program accessible to persons who are considered members of a protected class under the Fair Housing Act by holding informational meetings in buildings that are compliant with the Americans with Disabilities Act (ADA), providing sign language assistance when requested, and providing special assistance for those who are visually impaired when requested. • Applications and forms will be offered in English and other languages prevailing in the region in accordance with Title VI of the Civil Rights Act of 1964, including persons with disabilities (24 CFR 8.6), Limited English Proficiency (LEP), and other fair housing and civil rights requirements such as the effective communication requirements under the Americans with Disabilities Act. Every effort will be made to assist such applicants in the application process. • Case managers will help navigate and inform survivors who may qualify for acquisition and buyout of their damaged unit to remove them from flood hazards, environmental hazards, and other unsafe conditions while meeting AFFH obligations. • Documentation of all marketing measures used, including copies of all advertisements and 16 | P a g e Voluntary Buyout Program Guidelines | December 2020 announcements, will be retained and made available to the public upon request. • The Subrecipient will use the Fair Housing logo in Program advertising, post Fair Housing posters and related information and, in general, inform the public of its rights under Fair Housing regulations law. §4.0.1 Project Design §4.1.1 Eligible Costs The City of Corpus Christi’s buyout program will concentrate its efforts on increasing regional resiliency by removing residential dwelling units from the most dangerous flood-prone areas in its jurisdiction. The process will involve several costs, both direct costs and administrative/delivery costs, to ensure the project’s activities will meet all applicable federal, state, and local guidelines. The City anticipates the following eligible costs that will be paid through the allocation: • Home purchase costs • Home demolition and disposal costs • Housing incentive costs • Environmental services (Tier I and Tier II) costs • Appraisal costs • Title/legal/escrow costs • Case Management costs • Program management and administrative costs Paying costs related to these line items will be considered lawful and eligible uses of the City’s buyout allocation. §4.1.2 End Use of Real Property Acquired Any real property acquired through this buyout program will result in the land remaining open green space in perpetuity. Reconstruction may NOT occur on lots in these areas; lots will be maintained as flooding buffer zones or other non-residential/commercial uses. The purchase of vacant land in which a structure was in place during the storm in buyout areas is permissible, subject to the application prioritization process (see §4.5.1). §4.2.1 National Objective Methodology All program activities must meet one of the three National Objectives required under the authorizing statute of the CDBG program. The CDBG-DR Buyout Program will principally provide assistance to those households meeting the LMI objective. When the Property owner does not meet the definition of the LMI Objective, eligibility for assistance will be provided through the Urgent Need Objective. In determining income, the program will use the most recent signed federal income tax returns (e.g., IRS Forms, 1040, 1040A or 1040EZ). If one or all household members do not have an IRS tax return, or the income situation has changed since the tax return(s) was filed, any of the following applicable documents must be presented for every household member that is 18 or older: • Minimum of three current and consecutive months of check stubs (if the household member is paid monthly) • Minimum of four current and consecutive check stubs (if the household member is paid weekly, 17 | P a g e Voluntary Buyout Program Guidelines | December 2020 bi-weekly or bi-monthly) • Pension statement showing current monthly or yearly gross amount • Social Security statement or IRS Form1099 • Unemployment statement • Certification of Zero Income Form • Completed Household Income Worksheet and Certification Under the disaster recovery federal regulations, HUD has determined that an urgent need exists within the Presidentially Declared counties. An urgent need exists because existing conditions pose serious and immediate threat to health/welfare of community, the existing conditions are recent or recently became urgent (typically within 18 months), and the Subrecipient or state cannot finance the activities on its own because other funding sources are not available. All Property owners which cannot meet the LMI National Objective will be placed into the Urgent Needs category. §4.2.2 70% LMI Requirement The U.S. Department of Housing and Urban Development has established the requirement that 70% of the aggregate of CDBG-DR funds be utilized for the benefit of the low and moderate-income population in the impacted area. The U.S. Department of Housing and Urban Development has indicated they will only consider a waiver to this requirement if it can be adequately demonstrated that the needs of the low- or moderate-income population within the impacted area have had their needs sufficiently addressed or potentially if the impact is less than 70% low- or moderate-income persons. As a result, the City will prioritize LMI applicants and provide ongoing monitoring to ensure that 70% of the allocation is used benefiting LMI households. If the city determines that the impacted population eligible for buyout assistance does not have enough LMI households to meet the 70% LMI requirement, the City will seek a waiver from the GLO and provide supporting data with its waiver request. 2020 HUD Income Limits: §4.2.3 Income Certification Process 18 | P a g e Voluntary Buyout Program Guidelines | December 2020 The household income level for each program applicant will be determined during an in-person or remotely conducted intake meeting with the property owner(s). The City will collect household income documentation (see §4.2.1 National Objective Methodology) and will verify the household income using the HUD CDBG-DR income certification calculator found at https://www.hudexchange.info/incomecalculator/. §4.2.4 Needs Assessment Methodology HUD guidance stipulates that CDBG funds should be last in the hierarchy of recovery funds made available to beneficiaries. From Federal Register Notice Vol. 76 No. 221: Since CDBG disaster recovery provides long-term recovery assistance via supplemental congressional appropriations and falls lower in the hierarchy of delivery than FEMA or SBA assistance, it is intended to supplement rather than supplant these sources of assistance. The City’s Program, which is intended to purchase real property that is vulnerable to future severe weather events and increase regional housing resiliency, is required to develop a needs assessment methodology that ensures CDBG-DR assistance is the last assistance provided to the beneficiary related to Hurricane Harvey. Any funds provided to the applicant after their CDBG-DR buyout award is paid may be subject to recapture. The City will determine each applicant’s unmet need through the following process: An appraisal will determine the pre-storm fair market value of the property. The total need of each applicant is equivalent to the appraisal value. The City will then determine what assistance the applicant has already received as a benefit towards the property that has not been utilized for its intended purpose. Examples include NFIP claim disbursements or FEMA grants that were intended for property repair but were not utilized for property repair. These unused monies reduce the applicant need for resettlement and are deducted from the total need. This methodology is further described in §4.8.5 Offer Calculation Methodology. The remaining total need after the deductions represent the unmet need. The intent of the City’s Program is to determine each applicant’s unmet need and deliver the total unmet need to them at a real estate closing in exchange for title to the subject property. §4.3.1 Buyout Target Area The City’s target buyout area is within the Subrecipient’s city limits within the floodway of the Nueces River, Oso Creek, La Volla Creek and contributing tributaries as well as SRL and RPL properties as displayed on the map at the end of this manual. (Attachment B-Repetitive Loss/Severe Repetitive Loss Map). §4.3.1a Identification of Buyout Areas The Subrecipient identified the target buyout area based on repetitive loss and flood claim analysis §4.3.2 Eligible Property Types for Buyout Assistance Only certain types of real property will be eligible for buyout assistance. One and two-family residential properties will be eligible for assistance and will be prioritized over other eligible types of properties. Vacant lots in which a home was in place during the storm are also eligible for buyout assistance and may prove essential to meeting the objectives of the Program by preventing further residential development in the buyout target area. Vacant lands in which a home was in place during the storm in the buyout area will be considered last in line in terms of prioritization regardless of owner household income. This will allow the City to uniformly prioritize families living in the target area. 19 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.3.3 Program Marketing The City’s buyout program is voluntary, meaning that property owners must choose to participate and eminent domain cannot be utilized. As a result, it is incumbent upon the City to effectively market the buyout program to ensure homeowners are aware of the program and know how to participate. The City will utilize various marketing and outreach strategies to target property owners, recognizing that certain marketing strategies will reach only a subset of individuals. §4.3.3a Affirmative Marketing Plan (AMP) An Affirmative Fair Housing Marketing Plan, based on HUD regulations, will be followed by the City (Attachment C-Assessment of Fair Housing, dated January 4, 2018). The plan includes items on GLO's checklist to affirmatively market the City’s buyout program. The following resources will be leveraged by the City to affirmatively market its buyout program. • Newspapers o Local and regional newspapers provide an important outlet to deliver information about the Buyout Program. Print ads in newspapers will be run in accordance with the phased approach corresponding with key program dates including outreach events and deadlines. This plan also proposes the use of earned media engagement with these outlets. For earned media outreach, the City will coordinate pre-scheduled individual briefings with journalists to apprise them on the program’s progress and to push key messages to homeowners, in addition to press releases on program progress and updates distributed to community media contacts. • Outreach Activities o Community engagement is an ongoing process that requires continuous education and simple messaging provided in a variety of delivery methods. Each occurrence deepens the connection to the community and seeks to persuade program participation. This plan uses a data-driven integrated communications methodology that combines simple, clear, and consistent messaging through traditional and nontraditional media, grassroots outreach and face-to-face engagement. Community engagement input has revealed a need to differentiate buyouts with other GLO recovery programs like the reimbursement program, HAP, and the local infrastructure program. Additionally, efforts will be taken to affirmatively market the Buyout Program by advertising with media outlets that provide unique access for persons who are considered members of a protected class under the Fair Housing Act. o Social Media (add language) o Outreach to affected communities will rely heavily on grassroots outreach. As part of that effort, this plan relies on the following methodology designed to make the most impact and build trust with communities we serve. Community engagement will follow the following general pattern:  Inform: The inform stage will be used to share information, listen for potential program success challenges, clarify information, and help bring the program top of mind for the intended end-user.  Educate: The education phase shares the who, what, when, where, why, and how repeatedly to gain the attention and spark interest in the program.  Collaborate: The collaboration stage will incorporate trusted ambassadors, community partners, and elected officials to assist in promotion and community buy-in. These stakeholders will be key to building trust and program acceptance. While collaborators and testimonials are important, the outreach team will use an integrated methodology to ensure all the responsibility for success is not solely 20 | P a g e Voluntary Buyout Program Guidelines | December 2020 dependent on one tactical success.  Decision Making and Follow-up: The decision-making and follow-up stage requires one-on-one customer service with homeowners and potential applicants to ensure they understand the entirety of the program’s policies and requirements and are provided the necessary support to use their grant funding for repairs or reconstruction. • Postcards/Direct Mail o Homeowners and renters identified in targeted areas will receive an initial Voluntary Acquisition Notice and/or General Information Notice from the program with information on how to participate in the program and general contact information including phone number and emails of case managers. Additional letters will be created and sent on an as needed basis: approaching deadlines, application status, etc. • Network of Community Partnerships o A critical strategy in ensuring the success of this outreach effort will be in cultivating and maintaining a network of community organizations and influencers who are engaged and willing to support buyout outreach efforts. This will take the form of an internal listserv of individual contact people for relevant organizations: public service offices, local service- based nonprofits, library publicity officers, and local elected officials. This list will be used to send information about upcoming application intake events and buyout program eligibility. Community partners with physical locations will be given an informational poster and a one-page flyer to place in common areas. o In addition, the Subrecipient will invite the network of community partners to participate in a series of ongoing meetings and conference calls to provide updates on the program and receive information from them based on the feedback they are hearing within the communities they serve. This sharing of information allows our program to best meet the needs of the unique communities in the area served. • In-home Application Support o For elderly or disabled populations, the program will provide in-home application support. To receive in-home application support, homeowners will schedule an appointment for a case manager to visit them in their home. During the visit, the specialist will assist in completing a program application, gather documentation, answer any questions, and review next steps for the applicant. • Outreach to Residents of Abandoned Homes and Displaced Persons o To identify displaced residents and abandoned homes, program staff will work with appraisal districts and code enforcement authorities to attain batch ownership data to identify properties that have been abandoned and where owners currently reside. Once addresses are identified, staff will search online tax records to verify ownership and principal residency (homestead exemption on property) at the time of the storm to eliminate spending resources on ineligible properties and attain the current mailing address of the owner. Program staff will also work to request listed phones and email addresses from the FEMA IA dataset to contact displaced homeowners. Email and phone communication will be the primary means of contact, particularly for those who have been displaced out of the immediate area. • Door-to-Door Canvassing o Canvassing neighborhoods to inform people of the Buyout Program is a way to get to know residents and provide detailed program information and answers beyond what any ads or press releases can provide. o In areas where it is determined to be effective and safe, the Buyout team will send teams of canvassers to historically affected homes that have not completed the application to 21 | P a g e Voluntary Buyout Program Guidelines | December 2020 provide educational and program promotional materials. In addition, if-feasible, canvassers can be equipped with mobile tablet devices to input homeowner information and printed door hangers to leave, should a homeowner be unavailable at the time of the visit. • Door Hangers o Door hangers will be left during canvassing outreach for homeowners who were unavailable when a program representative visited their home. This tactic encompasses homeowners who may not be living at their residence due to hurricane damage. • Community Meetings o The Outreach Team will participate in a variety of events in an effort to meet homeowners where they are. Getting buy-in to the program from existing community organizations and entities legitimizes the Buyout Program and allows it to capitalize on existing meetings and constituencies to disseminate messaging. By partnering with existing community events and planning multiple series of program-hosted events, Buyout personnel will be able to meet face-to-face with homeowners, distribute helpful information, and provide one-on-one assistance. o Presentations during the community meetings will cover the following topics:  Overview of the Buyout Program, including program aid options;  How to apply;  Program eligibility requirements; and  The application process. §4.3.4 Timelines and Notices The City is required to spend buyout allocation within a timeframe determined by GLO and HUD. As a result, the buyout program must enforce deadlines for certain project milestones. Deadlines will be communicated to program applicants in writing and verbally. Applicants that don’t meet certain progress deadlines due to their own delays will be subject to withdrawal from the program. Date Action 9/1/2020 Program Guidelines Posted for Public Comment 10/15/2020 Program Guideline Public Comment Period Closed 1/26/2021 Open Application Intake 3/15/2021 Close of Application Intake 4/30/2021 Proposed Date for Initiation of Offers 5/30/2021 Proposed Date of Offer Acceptance Deadline 7/31/2021 Proposed Date of Closing Deadline 9/30/2021 Proposed Date for Demolition Deadline 11/30/2021 Proposed Date for Housing Incentive Deadlines 12/13/2021 Proposed Date to Close Out All Activities 22 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.4.1 Environmental Clearance Requirements Specific instructions concerning environmental requirements are made available to all recipients, subrecipients, or contractors. CDBG-DR funding is contingent on compliance with the National Environmental Policy Act (NEPA) and related environmental and historic preservation legislation and executive orders. Accordingly, environmental review activities are carried out for site contamination and demolition control, and documented prior to commitment of funds. §4.4.2 Environmental Review Processes Properties located where federal assistance is not permitted are ineligible for assistance. Properties must be in compliance with Environmental Code 24 CFR Part 58. Specific instructions concerning environmental requirements will be made available to all recipients, sub-recipients, or Contractors. CDBG disaster grant funding from HUD is contingent on compliance with the National Environmental Policy Act (NEPA) and related environmental and historic preservation legislation and executive orders. Accordingly, environmental review activities will be carried out for site contamination and demolition control and documented prior to commitment of funds. HUD’s Environmental Review Procedures allow grantees to assume environmental review responsibilities. In addition: • The City will assume the role of the Responsible Entity (RE), responsible for undertaking compliance efforts for the Program. • The GLO will submit any requests for release of funds directly to HUD for review and approval. • The City will be responsible to perform the Environmental Review Records (ERRs) or contract out for a preparer of the ERRs. • The City’s Grant Administrator will conduct an environmental analysis and prepare compliance documentation in support of the broad and site-specific environmental reviews, utilizing a tiered approach, in accordance with HUD’s regulations and • The City will review all environmental draft documents as outlined in the required documentation and sign all documents requiring RE or agency official signatures. • A broad, or Tier 1, review must be completed before HUD will release funds and a site-specific, or Tier 2, review must be completed for a site before funds can be committed to that particular site. The site-specific analysis, consisting of the Site-Specific Checklist and supporting documentation will be completed by the Grant Administrator. The site specific ERRs will be reviewed and signed off by the Subrecipient. Once these reviews have been completed there can be a commitment of funds. • The Grant Administrator is responsible for working in good faith with the City where additional documentation may be necessary to resolve an outstanding environmental/historic preservation compliance factor. The environmental review will be performed in two phases: a broad review and a site-specific review. Lead and asbestos testing will typically be reserved for the site-specific review. The Phase II ESA (site specific review) serves as the first step in remediation for any property with contamination levels deemed unsafe. If remediation activities are required for lead, the contractor will obtain the necessary waste permits along with enclosure materials and/or paint removal equipment. A certified abatement contractor will be procured. Warning signs will be posted; all residents and construction workers in the vicinity will be informed and protected from contamination at the time of remediation. Waste will be securely stored and disposed of upon completion of cleanup. A clearance examination will be performed by an independent party at least one hour 23 | P a g e Voluntary Buyout Program Guidelines | December 2020 after the completed cleanup. If clearance fails, cleanup and/or abatement work will be repeated for a subsequent examination. Residents will be notified of the nature and results of the abatement work. If unsafe levels of lead are determined to exist in the soil, soil abatement will be utilized in the form of soil removal and replacement or soil cleaning. For asbestos, any building built prior to 1978 will require a qualified asbestos inspector to perform a comprehensive building asbestos survey to locate and assess any presence of asbestos. If there is asbestos and it is friable or damaged, HUD recommends it be removed. If it is not friable or damaged, HUD recommends it, at a minimum, be encapsulated. Applicants will also need to complete the 58.6 checklist for the desired buyout property. This consists of questions regarding: National Flood Insurance Program participation, Coastal Barrier Improvement Act compliance, and Runway Clear Zones compliance. The grant administrator will provide a narrative Environmental Report and any supporting documentation for the project. Failure to complete this environmental checklist (environmental review and 58.6checklist) will impede the program’s ability to receive funding from HUD. §4.5.1 Application Prioritization This program will prioritize LMI property owners. However, the City will uniformly process applications for all owner-occupied residences. The City’s primary goal to assist LMI homeowners with the cost of relocating as opposed to providing financial assistance to investor-landlords. In order to ensure that 70% of the allocation is spent on LMI households per HUD requirements, the City will always give priority to homeowners whose incomes are 80% of the AMI or lower. The City has elected to utilize additional prioritization procedures beyond those mandated by HUD and the GLO. In descending order, the City will prioritize disabled persons, single-parent households, racial and ethnic minorities, veterans, elderly persons, and households with members below the age of 18. This additional prioritization policy will apply to both LMI and UN applicants. When multiple applicants fall under the same prioritization criteria (for example, are both veterans and LMI) the applications will be considered on a first-come first- serve basis depending on the date they submitted their application to the City. Note: In the event AFFH factors conflict with the voluntary applications, further prioritization or outreach may occur. §4.5.1a Contiguous Tracts of Land for Open Space and Vacant Parcels The City will implement several policies designed to increase its ability to buy contiguous tracts of land that will be reserved as open space in perpetuity. The policies are designed to reduce the amount of “checkerboarding” or “patchwork implementation” that may result from an entity’s refusal to acquire subdivided lots that don’t contain a dwelling unit or any improvement values. • Plots of land where a structure once stood at the time of Hurricane Harvey are eligible for a buyout and do not need to be contiguous to an eligible Property. §4.6.1 Applicant Data All applicant data is secured in the City’s management information system for a specified period of time in accordance with the current Record Keeping and Retention Period (see §4.6.2 Record Keeping and Retention Period). Recordkeeping, including scanning, uploading to the City’s management information system, and filing of pertinent program documentation retention policies are to provide both a physical and an electronic record of activities so that documentation is accessible for audit purposes. 24 | P a g e Voluntary Buyout Program Guidelines | December 2020 In order to protect non-public personal information, data security measures are in place. For example, hardware and software data security protocols such as the requirement for signed non- disclosure agreements prior to receipt of access credentials for the City’s management information system. The City also requires that hard copy files containing non-public personal information are kept in locked file cabinets to ensure their physical security. §4.6.1a Household Demographic Information Household demographic information will be obtained at the time of the intake meeting and will be a part of the applicant file. This information will be collected for reporting purposes only and will have no bearing on applicant prioritization, applicant eligibility, home purchase prices, or incentive payments in the program. §4.6.2 Record Keeping and Retention Period All official records on programs and individual activities will be maintained by the City for a 3- year period beyond the closing of a grant between the GLO and HUD. Applicant records will be maintained electronically. All projects, program activity files, and applicant information received will be maintained within the GLO’s system of record. §4.7.1 Verification of Eligibility The City is required to determine eligibility for each property owner that desires to sell their damaged home through the buyout program. The following items will be verified for each applicant to determine eligibility prior to the issuance of an offer to purchase: 1. Property located in floodplain or in an approved DRRA (add to acronyms table) 2. Proof of storm impact (tie-back) 3. FEMA non-compliance status 4. Citizenship or legal immigration status 5. Property ownership 6. Property location in relation to the target buyout area (if applicable) 7. Household income information 8. Occupancy at subject property (owner-occupied) §4.7.2 Verification of Storm Impact and Proof of Damage (Tie-Back) The City is obligated to only offer CDBG-DR housing assistance to properties to affected by Hurricane Harvey. HUD requires that all projects funded by this allocation be related to direct or indirect storm impact. From the February 2018 Federal Register notice: iii. Clarification of disaster-related activities. All CDBG–DR funded activities must clearly address an impact of the disaster for which funding was allocated. Given standard CDBG requirements, this means each activity must: (1) Be a CDBG-eligible activity (or be eligible under a waiver or alternative requirement in this notice); (2) meet a national objective; and (3) address a direct or indirect impact from the major disaster in a Presidentially-declared county. To comply with the federal requirement, the City will verify that each property purchased under the buyout program was damaged by Hurricane Harvey. Any one of the following sources of information will be considered sufficient evidence that a property sustained direct impact by Hurricane Harvey: • Photographs of property damage • FEMA assistance • Homeowners insurance claims 25 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Flood insurance claims • Adjuster reports • SBA documentation • City of Corpus Christi Damage Assessment In some cases, property owners may apply for a buyout when they feel that they’ve been indirectly impacted by Hurricane Harvey. This might include situations where Harvey critically damaged infrastructure that is necessary for land access to a home. In these cases, the City will review buyout requests on a case-by-case basis and ensure that the threshold for indirect storm damage was met. If the City approves an application based on indirect storm damage, it will include a memo in the applicant file providing justification for the eligibility determination. §4.7.3 Conflict of Interest Policy The conflict of interest regulations contained in the contract between the City and the GLO prohibit local elected officials, City employees, contractors, and consultants who exercise functions with respect to CDBG-DR activities or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, from receiving any benefit from the activity either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter. For purposes of this section, “family” is defined to include parents (including mother-in-law and father- in-law), grandparents, siblings (including sister-in-law and brother-in-law), and children of an official covered under the CDBG-DR conflict of interest regulations at 24 CFR Sec. 570.489(h). The GLO can consider granting an exception to the conflict of interest provision should it be determined by the GLO that the City has adequately and publicly addressed all of the concerns generated by the conflict of interest and that an exception would serve to further the purposes of Title I of the Housing and Community Development Act of 1974 and the effective and efficient administration of the program. If the situation arises, the City will not enter into a conflict of interest until justification has been received and approved by the GLO in accordance with applicable procurement laws. §4.7.4 Documentation Signatures and False Claim Language The Program will require each applicant to sign several documents during the intake, offer, and closing process. Signatures on most documents are required to be original (some exceptions apply, such as third- party authorizations). All intake documents meant to obtain information from applicants will include a signed statement verifying that the information provided is true, complete and accurate. Any false, fictitious, or fraudulent information, or the omission of any material, may subject the applicant to criminal, civil or administrative penalties. Program documents will include the following statement: ‘‘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, 1001 and 31 U.S.C. 3729.’’ §4.7.5 Proof of Ownership All owners of properties proposed for buyout must voluntarily agree to sell the property to the City. Any property owner with a recorded interest in the property who refuses to agree to sell the property has the power to veto the transaction and prevent the Buyout. • If any Owner of a Property is deceased, whether before or after the Storm event, the Executor (or Administrator) of the Estate of [decedent name] must join in the sale of the Property to the City. 26 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Probate Court consideration and approval is required before the City buys real property from any probate estate. • Property owned with other individuals: property owners who owned and occupied a structure at the time of the storm that is located on land that they owned along with other individuals (e.g., owned together with their family) must be treated as a property owner on owned land and are eligible. • Purchase contracts: Contract for deed is not eligible unless the property owner converts his/her contract to full ownership prior to receiving funding assistance from the program. • Conditional Sale Contracts are not eligible unless the property owner converts their contract to full ownership prior to receiving funding assistance from the program. o The following legal documents are proof that a Property owner was purchasing a home on a contract as identified above:  Notarized contract dated and executed prior to the incident date for review by the Program’s legal/escrow provider  Notarized and executed contract that was filed prior to the incident date in the conveyance records of the county • Proof that a contract has been completed and title conveyed to the purchaser is provided by one of the following: o Presentation to the Case Manager of a notarized, executed conveyance document from the seller to the contract purchaser o Evidence of recordation of the title in the name of the Property owner in the conveyance records of the county. §4.7.5a Applicants Unable to Clear Title Title clearance is a necessary component of any traditional real estate transaction. The City will only purchase properties that have clear title as determined by its procured title company. It is the responsibility of the property owner to assist the title company with obtaining clear title. In some cases, the City predicts that applicants will have to obtain legal assistance from private attorneys or pro- bono legal aid organizations. The cost of these legal services is at the expense of the property owner(s). If an applicant is unable to clear title within a reasonable amount of time, the buyout program may determine that they are ineligible for assistance. In these cases, the City will establish the closing deadline at least 90 days in advance and inform the property owner with a documented phone call and certified mailing. §4.7.5b Subsequent Owners Property Owners who purchased a home in buyout area following the effects of Hurricane Harvey may be eligible for buyout assistance. Under these circumstances Subsequent Property Owners are eligible to receive a grant equivalent to the price they purchased the home at, capped at the pre-storm FMV without resettlement incentives. These owners may qualify for a moving expense incentive if they are currently residing in the subject property as their primary residence. §4.7.5c Gift of Property A Gift of Property is a form of property transfer without consideration. The beneficiary of the gift is eligible for the same award as the original Property Owner. The beneficiary of the gift is not considered to be a Subsequent Owner. For the purpose of the Program, a Gift of Property must be: • In writing; • Notarized; and, 27 | P a g e Voluntary Buyout Program Guidelines | December 2020 • Recorded in the public record. The Program reserves the right to demand any award amount to be paid back in full to the City if, at any time, a determination is made that a transfer of money between the two parties had occurred in conjunction with the Gift of Property. §4.7.5d Properties Owned by Estates or Business Entities Properties owned by estates or business entities are eligible for pre-storm FMV buyout assistance under the Urgent Need national objective. For businesses, the buyout program applicant must be able to prove that business owned the property at the time of the storm and that the applicant(s) was/were the owner(s) of the business. For estates, the estate or decedent must meet the occupancy requirements for incentive eligibility. For properties owned within a business entity (LLC, LP, Corp, ect.) the principle owner(s) of the business entity must reside in the property to be eligible for resettlement incentive eligibility. Interested parties in the estate and the owners of the businesses must have owned and occupied the property (or rented the property) at the time of the storm in order to be eligible. §4.7.6 Proof of Property Taxes Property Owners who have applied to the Program must pay all property taxes due as identified by the title search at closing and payable on the storm-damaged property until the day of closing on the sale of their property to the City through the Program. If there are property taxes the title search did not identify by closing, the Program, as owners of the property, will pay the property taxes prior to final disposition. The City may provide reimbursement to Property Owners for the property taxes paid for the period of time after ownership of the property was transferred to the City (i.e., from the day of closing until the end date of the effective payment period). The pro rata reimbursement amount is calculated prior to the closing and the funds are provided to the Property Owner(s) as part of their net proceeds at the time of closing. Only payments made towards the principal of the property taxes due are subject to reimbursement from the City; any interest or fees incurred from late or delinquent payments are not eligible for reimbursement. §4.7.7 Proof of Non-Delinquent Child Support All household members over the age of 18 must be current on payments for child support. If the household member is not current on child support, that individual will be required to enter into a payment plan that will be obtained from the Office of Attorney General (OAG). A copy of the payment plan signed by all applicable parties along with documentation demonstrating that they are current on their payment plan must be supplied. §4.7.8 Second Homes Second homes are ineligible. §4.7.9 Duplication of Benefit Verification The most common sources of disaster recovery assistance are from homeowner’s insurance, FEMA, NFIP, and SBA. However, assistance may also come from non-profit organizations, faith-based organizations, other disaster relief organizations, and other governmental entities. Duplicative Assistance includes, but is not limited to, the following benefits: National Flood Insurance Program (NFIP): Insurance proceeds received must be disclosed by the Owner(s) and verified by the Program. Payments from the NFIP for building loss are classified as repair assistance and will be considered duplicative assistance. Private Insurance: All insurance proceeds received must be disclosed by the Owner(s) and verified by the Program by obtaining a final claims letter or contacting the insurance company. 28 | P a g e Voluntary Buyout Program Guidelines | December 2020 Any funds received that are classified as building loss or sewer backup will be classified as repair assistance and will be considered duplicative assistance. Federal Emergency Management Agency (FEMA): FEMA proceeds received must be disclosed by the Owner(s) and must be verified by the Program. Any funds received for property repair will be classified as duplicative assistance. Small Business Administration (SBA): SBA proceeds approved and/or received must be disclosed by the applicant and verified by the Program. Any applicant with an SBA loan of less than $14,000 must provide documentation that he or she is current on his or her repayment plan and outstanding SBA loans must be satisfied prior to the City taking ownership of the property. The applicant’s award is reduced by this amount at closing and the loan is satisfied prior to the City taking ownership of the property. Any SBA loan exceeding $14,000.00 is secured against the subject property and will be repaid (satisfied) at closing pursuant to traditional real estate transfer procedures. SBA loans are unique in that the deduction of the DOB occurs at the closing table (which reduces the applicant’s net proceeds) as opposed to at the time of the offer. Other: Funds received from other sources must be disclosed by the Owner(s) and verified by Program. Examples include nonprofits, other governmental agencies, and social groups. §4.7.9a SOP for Open Insurance Claims and Pending Litigation Applicants participating in the Program are not eligible to receive an offer if they are involved in litigation or any other process that will change their duplicative benefits. Applicants will sign a subrogation agreement indicating that they will repay any funds they received deemed to be duplicative after their Program real estate closing. In an effort to avoid this and the costs involved in the subrogation process, the City will not purchase any homes that are subject to an ongoing insurance settlement case or legal action. §4.7.9b SBA Loans If funds intended for the same purpose as Program assistance are available from another source, the applicant may wish to seek those funds first to avoid the necessity of subrogation efforts and repayment transactions potentially resulting in the event of receiving that subsequent assistance. Loans from the U.S. Small Business Administration (SBA) are a major source of disaster recovery assistance, and many owners of residential property find that SBA loans meet all of their uninsured disaster recovery assistance requirements. A variety of legitimate reasons can preclude an applicant from receiving SBA assistance that the Program might initially view as available to an applicant. If an applicant has declined an SBA loan, it is presumed that a legitimate purpose for the declination existed and the SBA loan amount will not be deducted from the award amount. SBA proceeds that were approved and received by the applicant must be disclosed by the applicant and verified by the Program. Applicants will be required to pay off any SBA loan in full to participate in the Program. See SBA loan description in §4.7.9 Duplication of Benefit Verification. §4.7.10 Flood Insurance Requirement Review (FEMA Non-Compliance) HUD’s housing assistance guidelines state that an individual is ineligible for CDBG-DR housing assistance if they’ve received prior disaster recovery monies conditioned upon their obtaining flood insurance and the owner subsequently failed to do so. The Program refers to these owners as “FEMA non-compliant.” FEMA non-compliant applicants are not eligible to receive funds above the post- storm/current FMV. They are also not eligible for incentives. If these owners are considered displaced persons through the URA, they 29 | P a g e Voluntary Buyout Program Guidelines | December 2020 are eligible to receive benefits through the URA beyond the current FMV. §4.7.11 Citizenship and Eligible Immigrants The Property owner must be a United States citizen or an eligible immigrant as verified by a signed declaration and one of the following: • U.S. Citizens o A valid U.S. Passport o A valid Birth Certificate o Certificate of Naturalization o Proof of FEMA assistance o TXDOT issued driver’s license • Eligible Immigrant o Will be verified through SAVE, an online verification system to validate that Property owner is an immigrant eligible for federal benefits. o Must provide declaration of lawful presence in the United States and have photographic identification such as a passport. §4.7.12 Ineligibility Determinations and Notifications Certain properties and/or owners may be determined to be ineligible for buyout assistance. Upon a determination of ineligibility, the property owner will be notified over the phone and in writing and the justification of the ineligibility determination will be provided. The written correspondence will outline avenues to appeal, and include a place to find an appeal form. §4.8.1 Award Calculations and Incentives The City’s buyout program has established a uniform award calculation and a uniform incentive structure. To ensure the equitable treatment of property owners, no individualized negotiations with applicants may occur. §4.8.2 Program Caps The program will utilize the 2020 FHA lending limits as the cap for each parcel purchased under the program. This cap includes all incentives paid to the applicant. No applicant may receive a purchase price plus incentive award that exceeds the 2020 FHA lending limit, $331,760.00. Additional program caps are itemized below: §4.8.3 Eligible Costs at Closing All customary costs associated with the purchase of private property, including appraisal, legal, survey, title preparation and insurance, are paid for by the City, using CDBG-DR funding. Demolition, and site work, including environmental remediation, grading, and security, are also paid for under this Program. §4.8.4 Valuation Process The City requires appraisals for all properties participating in the Program. The appraisal, whether setting a pre-storm (buyout) or setting a post-storm base (see FEMA non-compliant and subsequent Cap Description Cap Amount Purchase of Single‐Family Home 331,760.00$ Purchase of Two‐Family Home 424,800.00$ Optional Moving Assistance 5,000.00$ LMI Housing Incentive 20,000.00$ 30 | P a g e Voluntary Buyout Program Guidelines | December 2020 owner), is used to establish the Fair Market Value (FMV) for participating properties. The pre-storm FMV is established by forensic appraisal, and post-storm is established by a current appraisal, but performed by the contracted appraiser. The appraisal report must itemize the value of the land and the value of any improvements on the property. Once produced, the appraisal is reviewed and certified by a second disinterested licensed appraiser. All appraisals used in this program are certified before use or dissemination. §4.8.4a Appeal of the Valuation The City recognizes that some property owners will not agree with the contracted appraiser’s valuation of their home. Property valuations contain many variables and two appraisers may reach differing conclusions regarding the fair market value of the same property. As a result, the City has developed the following process available to property owners for them to formally contest and appeal the determined fair market value of their properties. Property owners may not change the value of their properties in any method outside of the following process: 1. Property owner informs the City in writing that they intend to appeal. 2. Property owner hires their own appraiser to conduct an appraisal of the home. The appraiser must be licensed/certified to conduct real estate appraisals. 3. The property owner provides the new appraisal report to the City. 4. If the new appraisal report shows a value increase of 15% or less over the original appraisal report, the new value is automatically accepted by the City. A new offer is calculated and provided to the property owner. 5. If the new appraisal report shows a value less than the original appraisal report, the original value is used and the offer remains unchanged. 6. If the new appraisal report shows a value increase of greater than 15%, the City must order a third appraisal at the program’s expense. The value of the middle appraisal (the median value) will be used for the purposes of generating the offer amount. §4.8.5 Uniform Offer Calculation Methodology Once the VOB investigation is complete, a formal Verification of Disaster Benefits Received form is completed and reviewed, then forwarded to the Case Manager. Funds received from other sources which are determined a DOB are deducted from the structure’s FMV unless the Property Owner can demonstrate, through receipts, that the funds received have already been expended on eligible costs. The resulting value cannot exceed the applicable program cap. DOBs cannot be used to decrease an award to lower than the property’s land value. Below is an example award calculation: 31 | P a g e Voluntary Buyout Program Guidelines | December 2020 32 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.8.6 Incentive Payment Eligibility Verification All participating owner-occupants are eligible for a $5,000 optional relocation benefit upon closing. This benefit is meant to cover moving costs that might otherwise be a burden significant enough to lower participation rates. Additional relocation incentives will be available to qualified LMI households. This relocation benefit is dependent upon relocation to another property which is either outside of SFHA and Floodway or constructed at a height of 1 ft ABFE in a 100-year flood plan, or 3 ft ABFE in a 500-year flood plain. The replacement property must also meet DSS/HQS housing standards. The benefit will match the difference between the cost of the new home and the purchase price of the buyout property up to the max allowable benefit as determined by the City. The maximum benefit for a homeowner that sells a permanent dwelling unit to the City is $25,000. Included in these benefit caps is the automatic moving cost benefit, thus the maximum relocation benefit is $20,000 for permanent dwellings. It will be the responsibility of the homeowner to prove through a contract of sale document how much the replacement dwelling will cost. Program participants have eight months (240 days) to claim this benefit and no later than December 1,2021, thus it is not necessary to immediately purchase property upon selling their house through the buyout program. 33 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.9.1 Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) Pursuant to HUD and other federal guidelines, the City is required to comply with Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). HUD describes the objective of the URA as follows: (1) to provide uniform, fair and equitable treatment of persons whose real property is acquired or who are displaced in connection with federally funded projects; (2) to ensure relocation assistance is provided to displaced persons to lessen the emotional and financial impact of displacement; (3) to ensure that no individual or family is displaced unless decent, safe and sanitary housing is available within the displaced person's financial means; (4) to help improve the housing conditions of displaced persons living in substandard housing; and (5) to encourage and expedite acquisition by agreement and without coercion. The buyout program being implemented by the City will not displace any owner-occupants, as the program is voluntary in nature. The City has developed an Anti-Displacement and Relocation Plan which will be followed to ensure the equitable treatments of tenants displaced by buyout activities. §4.9.2 Anti-Displacement and Relocation Plan In accordance with the Housing and Community Development Act of 1974, as amended, (HCDA), and US Department of Housing and Urban Development (HUD) regulations at 24 CFR 42.325 and 570.440 (1), use of Community Development Block Grant Disaster Recovery (CDBG- DR) funds will minimize adverse impacts on persons of low and moderate-income persons. The purpose of this Residential Anti-displacement and Relocation Assistance Plan (RARAP) is to provide guidance on complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), (Pub. L 91-645, 42 U.S.C. 4601 et seq) and section 104(d) of the HCD Act (42 U.S.C. 5304(d))(Section 104(d)). The implementing regulations for the URA are at 49 CFR part 24. The regulations for section 104(d) are at 24 CFR part 42, subpart C. Per the Federal Register Notice governing these funds, HUD has waived the following regulations: 1) One-for-one replacement requirements at section 104(d)(2)(A)(i) and (ii) and (d)(3) of the HCD Act and 24 CFR 42.375 are waived in connection with funds allocated under this notice for lower-income dwelling units that are damaged by the disaster and not suitable for rehabilitation. Also, The relocation assistance requirements at section 104(d)(2)(A) of the HCD Act and 24 CFR 42.350 are waived to the extent that they differ from the requirements of the URA and implementing regulations at 49 CFR part 24, as modified by this notice, for activities related to disaster recovery. 2) The requirements of sections 204 and 205 of the URA, and 49 CFR 24.2(a)(6)(vii), 24.2(a)(6)(ix), and 24.402(b) are waived to the extent necessary to permit a grantee to meet all or a portion of a grantee’s replacement housing payment obligation to a displaced tenant by offering rental housing through a tenant based rental assistance (TBRA) housing program subsidy (e.g., Section 8 rental voucher or certificate), provided that comparable replacement dwellings are made available to the tenant in accordance with 49 CFR 24.204(a) where the owner is willing to participate in the TBRA program, and the period of authorized assistance is at least 42 months General Information Notice (GIN) - The URA regulations require that persons who are scheduled to be displaced will be provided with a GIN as soon as feasible. This program may involve both persons who are actually displaced and persons who are not displaced. If the tenant- occupant of a dwelling moves permanently from the property after submission of an application 34 | P a g e Voluntary Buyout Program Guidelines | December 2020 for HUD financial assistance, the tenant will be presumed to qualify as a “displaced person.” To minimize such unintended displacements, HUD policy considers all occupants within a proposed HUD-assisted project involving acquisition as scheduled to be displaced for purposes of issuing a GIN. All occupants, therefore, will be provided with a GIN. The template for the GIN is attached in the Appendix. Tenant Intake Meeting- As soon as feasible, the City shall contact each person who is affected by the project to discuss his/her needs, preferences and concerns. Whenever feasible, contact shall be face-to-face. These meetings will take place after the landowner intake meeting and before the buyout offer is sent to the landowner. This scheduling is meant to avoid the possible issue of tenant ineligibility for HUD/URA assistance. It is possible that some tenants in the buyout target area are undocumented persons and are thus ineligible to receive benefits from HUD. However, HUD requires that all displaced tenants receive URA relocation assistance. Thus, properties with undocumented tenants are ineligible to participate in the program because if they were to do so they would either be in violation of the URA or the HUD rule against benefiting undocumented persons. If a property is deemed ineligible for buyout for reasons related to tenant eligibility, that property owner will receive a phone call and a letter from the City stating that the property is ineligible for participation in the buyout program because of tenant ineligibility for HUD assistance. If the tenant does not qualify for relocation assistance, or if at any time the landowner decides not to participate in the program, the tenant will receive a Notice of Nondisplacement and will not be eligible to receive assistance. Notice of Nondisplacement - If a person does not qualify as a displaced person (see Paragraph 1-4 J.), HUD policy requires that such persons be provided with a Notice of Nondisplacement (see Paragraph 1-4 AA.) to advise them of the City’s determination and their right to appeal. A tenant will be defined as “non-displaced” only if they received a Move-In notice outlining the property owner’s participation in the buyout program before they signed the lease. Even if there was no intention to displace the person, if they were not given timely information essential to making an informed judgment about a move, it is assumed that the person’s move was an involuntary move caused by the project. If the landowner continues to participate in the buyout program and eventually signs a contract of sale with the City, the tenants will be then given a Notice of Relocation Eligibility and 90 Day Notice to vacate. In order to have these documents ready to send immediately after contract signing, the case management team will have identified three comparable replacement dwellings that are currently for rent and completed and internally approved HUD Form 40061 before contract signing. Notice of Relocation Eligibility (NOE) (49 CFR 24.203(b)). The NOE will be issued promptly after the initiation of negotiations (contract of sale between City and land owner), and will describe the available relocation assistance, the estimated amount of assistance based on the displaced person’s individual circumstances and needs, and the procedures for obtaining the assistance. This Notice will be specific to the person and their situation so that they will have a clear understanding of the type and amount of payments and/or other assistance they may be entitled to claim Ninety-Day Notice (49 CFR 24.203(c)). The 90-day notice shall not be given before the displaced 35 | P a g e Voluntary Buyout Program Guidelines | December 2020 person is issued a notice of relocation eligibility (or notice of ineligibility) for relocation assistance. The 90-day notice need not be issued if: (a) there is no structure, growing stock, or personal property on the real property, or (b) the occupant made an informed decision to relocate and vacated the property without prior notice to the property owner, (c) in the case of an owner- occupant who moves as a result of a voluntary acquisition described in 49 CFR 24.101(b)(1) or (2), the delivery of possession is specified in the purchase contract, or (d) the person is an unlawful occupant. Determining Cost of Comparable Replacement Dwelling (49 CFR 24.403(a)). The upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling (49 CFR 24.2(a)(6)). If available, at least three comparable replacement dwellings shall be examined (including internal and external inspection) to ensure that the replacement dwelling is decent, safe and sanitary as defined at 49 CFR 24.2(a)(8). The upper limit of the replacement housing payment shall be established on the basis of the cost for the comparable replacement dwelling that is most representative of, and equal to, or better than, the displacement dwelling. 1. For purposes of establishing the payment limit, comparable replacement dwellings shall, to the extent feasible, be selected within the City. 2. A copy of Form HUD-40061, Selection of Most Representative Comparable Replacement Dwelling for Purposes of Computing a Replacement Housing Payment, is included as Appendix 12. The form is optional; however, if the form is not used, other reasonable documentation will be maintained. NOTE: When selecting the most representative comparable replacement dwelling for a person with disabilities, reasonable accommodation is to be determined on a case-by-case basis. 3. The City may limit the amount of replacement housing payment to the amount required to obtain a comparable replacement dwelling only if it gives a timely written notice (referral) of such comparable replacement dwelling. If the City fails to offer a comparable replacement dwelling before the person enters into a lease or purchase agreement for, and occupies, a decent, safe and sanitary replacement dwelling, HUD may require the replacement housing payment be based on the cost of such decent, safe and sanitary replacement dwelling, or take such other corrective action as may be deemed necessary to mitigate (to the extent possible) the adverse consequences of the deficiency. Inspection of Replacement Dwelling (49 CFR 24.403(b)). Before making a replacement housing payment or releasing a payment from escrow, the City or its designated representative shall make a thorough internal and external inspection of the replacement dwelling to determine whether it is decent, safe and sanitary (as defined at 49 CFR 24.2(a)(8)). A copy of the inspection report should be included with the pertinent claim form in the City's files. (See also Chapter 6, Paragraph 6- 2C.1(h).) NOTE: The definition of “decent, safe and sanitary” provides that replacement units will contain the accessibility features needed by displaced persons with disabilities. If the City determines that a replacement housing payment may have to be denied because the replacement dwelling selected by a displaced person is not decent, safe and sanitary (e.g., does not meet the local code), it will so notify the displaced person, determine if the property can be made decent, safe and sanitary, and/or assist the person to locate another replacement unit. (1) Amount of payment. An eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed $7,200.00 for rental assistance. (See § 24.404.) Such payment shall be 42 times the amount obtained by subtracting the base monthly rental for the displacement dwelling from the lesser of: 36 | P a g e Voluntary Buyout Program Guidelines | December 2020 (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. (2) Base monthly rental for displacement dwelling. The base monthly rental for the displacement dwelling is the lesser of: (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the Agency (for an owner- occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances); (ii) Thirty (30) percent of the displaced person's average monthly gross household income if the amount is classified as “low income” by the U.S. Department of Housing and Urban Development's Annual Survey of Income Limits for the Public Housing and Section 8 Programs 4. The base monthly rental shall be established solely on the criteria in paragraph (b)(2)(i) of this section for persons with income exceeding the survey's “low income” limits, for persons refusing to provide appropriate evidence of income, and for persons who are dependents. A full time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise; or, Down Payment Assistance. An eligible displaced person who purchases a replacement dwelling is entitled to a down payment assistance payment in the amount the person would receive under paragraph (b) of this section if the person rented a comparable replacement dwelling. At the Agency's discretion, a down payment assistance payment that is less than $5,250 may be increased to any amount not to exceed $5,250. However, the payment to a displaced homeowner shall not exceed the amount the owner would receive under § 24.401(b) if he or she met the 180-day occupancy requirement. If the Agency elects to provide the maximum payment of $5,250 as a down payment, the Agency shall apply this discretion in a uniform and consistent manner, so that eligible displaced persons in like circumstances are treated equally. A displaced person eligible to receive a payment as a 180-day owner-occupant under § 24.401(a) is not eligible for this payment. Manner of Disbursing Rental Assistance. Relocation assistance payments for residential tenants who are displaced for HUD projects are subject to 42 USC Sec. 3537c and will be disbursed in installments, except that lump sum payments may be made to cover (1) moving expenses, (2) a down payment on the purchase of replacement housing, or incidental expenses related to (1) or (2). Whenever the payment is made in installments, the full amount of the approved payment shall be disbursed in regular installments, whether or not there is any later change in the person's income or rent, or in the condition or location of the person's housing. The frequency of these disbursements will be determined by the City in consultation with the tenant. However, there will be no less than three installment payments, except when the rental assistance payment is $500 or less. Where the rental assistance payment is $500 or less, it is recommended that payment may be made in two installments with no less than a four-month interval between payments. Determination to provide replacement housing of last resort. Whenever a program or project 37 | P a g e Voluntary Buyout Program Guidelines | December 2020 cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in § 24.401 or § 24.402, as appropriate, the Agency shall provide additional or alternative assistance under the provisions of this subpart. Any decision to provide last resort housing assistance will be adequately justified either: (1) On a case-by-case basis, for good cause, which means that appropriate consideration has been given to: (i) The availability of comparable replacement housing in the program or project area; (ii) The resources available to provide comparable replacement housing; and (iii) The individual circumstances of the displaced person, or (2) By a determination that: (i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole; (ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and (iii) The method selected for providing last resort housing assistance is cost effective, considering all elements, which contribute to total program or project costs. Documentation. Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person will be provided reasonable assistance necessary to complete and file any required claim for payment. Expeditious payments. The City shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim. Advanced payments. If a person demonstrates the need for an advanced relocation payment in order to avoid or reduce a hardship, the City shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. (d) Time for filing. (1) All claims for a relocation payment shall be filed with the City no later than 18 months after: (i) For tenants, the date of displacement. (ii) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later. (2) The City shall waive this time period for good cause. 38 | P a g e Voluntary Buyout Program Guidelines | December 2020 Notice of denial of claim. If the City disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination. §4.10.1 Complaint and Appeal Process All written citizen complaints which identify deficiencies relative to the City’s buyout program will merit careful and prompt consideration. All good faith attempts will be made to satisfactorily resolve the complaints at the local level. Complaints must be filed with applicable office(s) listed below who will investigate and review the complaint. A written response from the applicable office below to the complainant will be made within 15 working days, where practicable. All citizen complaints relative to Fair Housing/Equal Opportunity violations involving discrimination will be forwarded to the following address for disposition: Fair Housing Equal Opportunity City of Corpus Christi Texas Workforce Commission Human Relations Division Civil Rights Division 1201 Leopard Street-1st Floor 1117 Trinity Street, Room 144-T Corpus Christi, Texas 78401 Austin, Texas 78701 Policy and/or procedure changes meant to satisfy a valid compliant may require a policy manual amendment. The City will undertake this activity if the compliant warrants such a revision. The City will not undertake any policy and/or procedure changes stemming from complaints that can be categorized in the following ways: 1. The applicant's description of needs and objectives is plainly inconsistent with available facts and data; 2. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant; or 3. The request does not comply with the requirements set forth by HUD or the GLO Documentation must be kept at the local level to support compliance with the aforementioned requirements. §4.10.2 Case Management Services The City recognizes that its buyout program has many guidelines, policies, nuances, and requirements that may present challenges for persons without expert knowledge of CDBG-DR programs. As a result, the City has chosen to use specialized Case Managers to assist property owners that participate in the program. Each property owner and tenant will be assigned a Case Manager who will remain their point-of-contact for meetings and phone calls throughout the buyout program’s activities and steps. Case Managers will be somewhat like an agent with an escrow company, confirming everyone’s papers are in order, making sure each party produces the properly signed documents when required, and verifying information on each document. They will also be like a coach as they guide property owners and tenants through a complex program, ideally building a positive relationship with them. Case Managers must assure that each program participant completes every required step in the process. Additionally, Case Managers must create a documentary record that proves every required step is properly completed. 39 | P a g e Voluntary Buyout Program Guidelines | December 2020 §4.10.2a Other Languages and Disabilities Program Case Managers will be able to communicate with the applicant in their primary language and should be assigned to the clients as appropriate. If necessary, a translation service will be procured by the third-party Case Manager provider. Additionally, they must ensure effective communications with persons with disabilities pursuant to 24 CFR 8.6 and other fair housing and civil rights requirements (such as the effective communication requirements under section 504 and the Americans with Disabilities Act). Counselors will be trained to be well-versed in all housing recovery activity requirements. §4.11.1 Applicant Closings (Real Estate Settlement) The City and the homeowner will agree to the terms of the real estate transaction when they sign the contract of sale. The contract of sale will not be customized for each individual applicant – a contract template will be designed by the City’s attorney. The contract will stipulate the terms of the real estate closing. It will direction for the seller in terms of the anticipated vacancy date, the on-or-about closing date, the sellers’ responsibility for disconnecting utilities, and what happens to abandoned items on the property. The applicant will agree to these terms in writing and will be responsible for complying with the terms of the contract. The contract will also include language regarding seller failures to comply with the terms. In many cases, the City anticipates that homeowners will move on their closing date or shortly before their closing date. At the time of closing, the seller will surrender occupancy to the property and will no longer have access to any structures there. To assist homeowners with the burden of moving, the City will supply each homeowner with a list of moving companies and storage facilities local to the buyout target areas. It is the City’s policy to avoid undue procedural obstacles that delay, inconvenience, or impair completing transactions under the Program. The City, for this reason, accommodates reasonable seller requests when doing so does not expose the program to delay, liability, extra costs, or risk of loss. The City can, under certain conditions, accommodate a seller who requests that all of the net proceeds from sale of a parcel under the program be paid to an agent instead of the seller in the conveyance granting title to the City and who executed the contract of sale. If the terms of this procedure are fully satisfied, the seller must make the request in writing, acknowledge that payment to the agent will satisfy seller’s right to net purchase proceeds, and indemnify the City for any losses resulting from disbursement to the agent. §4.11.1a Foreclosures and Short Sales Property owners who lost ownership of their homes due to foreclosure are ineligible for assistance, as they are no longer the owners of record. However, the buyout program may purchase properties that are in foreclosure proceedings by obtaining an Undertaking Letter and full mortgage payoff from the foreclosing attorney. Voluntarily selling a property with a delinquent mortgage balance is a common remedy for the non-payment of a mortgage. In some cases, the outstanding balance of the mortgage may be greater than the purchase price of the property. In such cases, the property owner is unable to convey clear title to the Subrecipient because the mortgage cannot be satisfied. As a result, the property owner has two options available to them: • The property owner may bring personal funds to the closing table to satisfy the mortgage in full. While this solution is not practical for most property owners, particularly LMI property owners with fixed incomes, it is an option that will allow the conveyance of the property with clear title. • The property owner and their Case Manager can work with the mortgage servicer to obtain a short 40 | P a g e Voluntary Buyout Program Guidelines | December 2020 sale approval. A short sale is a sale of real estate in which the net proceeds from selling the property will fall short of the debts secured by liens against the property. In this case, if all lien holders agree to accept less than the amount owed on the debt, a sale of the property can be accomplished. The City’s buyout program will undertake all efforts to assist property owners with obtaining a short sale if the property owner desires an outcome involving a short sale. However, short sale approvals are subject to the lender review, and cannot be guaranteed as an outcome in all cases. Property owners should inform their assigned Case Manager if they think a short sale will be required to convey title. §4.11.2 End-Use Restrictions The City memorializes the covenants made in connection with the property in the CDBG- DR Program. For properties purchased through the Program, a Declaration of Covenants and Restrictions (EBA Agreement) is incorporated with the deed for each parcel and recorded in the real property records office that serves the county where the property is found. Copies of the EBA Agreements are saved in the Program files. All restrictive covenants are recorded prior to, or at the time of, disposition. All restrictive covenants are recorded prior to, or at the time of, disposition. The City of Corpus Christi Development Services Department will be responsible for monitoring the end-use of buyout properties to ensure no future redevelopment. The City of Corpus Christi Stormwater Department will be responsible for the maintenance of the vacant lots. §4.12.1 Demolition of Structures The City is responsible for demolishing structures after buyout purchases are complete. Structures must be demolished 45 days after the City obtains title to the property. Exceptions may only be made to the 45-day rule for health and safety concerns or if necessary, permitting and environmental review processes make it impossible to meet that deadline. The City will also comply with HUD guidance related to lead and asbestos (see §4.4.2). The City’s demolition contractor must adhere to all federal, state, and local laws pertaining to the safe demolition and disposal of materials. From the Department of Labor Davis-Bacon handbook: Demolition work in relation to construction. (a) To determine whether a demolition contract is subject to DBRA, it is necessary to look at the entire scope of that contract as well as other contracts that might be part of the same overall project. Demolition, standing alone, (except for demolition work under Urban Renewal projects authorized pursuant to the Housing Act of 1949, as amended) is not necessarily considered to be “construction, alteration, and/or repair of a public building or a public work” subject to the prevailing wage requirements of DBRA. For example, the demolition of a building because such structure is no longer needed would not in itself be a covered construction activity. However, where an existing building is being demolished and further construction activity at the site is contemplated that is subject to DBRA, DBRA would apply to such demolition, such as demolition performed to permit construction of a new building or highway (see AAM No. 190 and FOH 14d08). Based on this guidance, the Subrecipient will not monitor wages for its demolition contractor, as the stand-alone demolition activity is exempt from DBRA. §4.13.1 File Closeout Following completion of buyout activities, including the disbursement of any post-closing resettlement incentives, the City will complete an end-to-end (“ETE”) checklist to ensure the file meets all of the applicable program requirements. This task will be completed for each applicant file regardless of if the applicant received any funds or completed a real estate transaction. §4.13.2 Audit Requirements 41 | P a g e Voluntary Buyout Program Guidelines | December 2020 The City’s management information system provides immediate tracking and imaging of all buyout program documentation, including but not limited to: • Property owner notifications • Eligibility verification documentation • Financial funds disbursement • Documentation to ensure data security and Program oversight to create a clear audit trail of the Program. All Property owner data will be secured in the City’s management information system for a specified period of time. Recordkeeping, including scanning, uploading to the GLO’s management information system, and filing of pertinent program documentation retention policies are to provide both a physical and an electronic record of activities so that documentation is accessible for audit purposes. Documentation standards allow for program activities to be traced so that any possible audit issues are resolved. Records will be maintained in hard copy and/or electronically. All records will be copied, scanned, and filed for physical and electronic record. In order to protect non-public personal information, data security measures will be in place, such as hardware and software data security protocols and physical security for hard copy files. 42 | P a g e Voluntary Buyout Program Guidelines | December 2020 §5.0.1 Public Comment A) Public Comment Newspaper Posting 43 | P a g e Voluntary Buyout Program Guidelines | December 2020 44 | P a g e Voluntary Buyout Program Guidelines | December 2020 B) Public Comments Received (4 Comments received by 3 Respondents) Timestamp Name Address Email Phone number Please provide public input on its DRAFT Community Development Block Grant Disaster Recovery (CBDG-DR) Voluntary Buyout Program Guidelines.Public Comment Response 9/1/2020 13:10:26 Ray Morais 15909 PUNTA BONAIRE DR txpeach1@gmail.com 3615007963 The City of Corpus DID NOT TAKE PUBLIC COMMENT for the new construction homes under this program on Padre Island on Palmira Street . DSW Homes and Oaks Texas are building 25 units on scatter lots throughout the Padre Island community. How could the City let this happen??? The Padre Island Community is extremely upset over what has happened here! The homes in question look like tract housing and sit on 4ft tall crawl space vented foundations. The homes that sit behind them have lost ALL privacy and now look at the ugly super tall structures while trying to enjoy their backyards..not from one house but 5 or 6 of them looking straight into their backyards & homes. Not to mention these were built right on back fence line and forward the front property line. Now to discover they are LMI's is just adding fuel to a bad fire! What is the City of Corpus Christi going to do about this mess? Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The grant project you’ve mentioned in your comment was conducted by a private contractor that received Texas General Land Office grant funding; the City of Corpus Christi was not part of this grant project. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 9/19/2020 7:13:12 Heather Candler 14230 Punta Bonaire Dr Heathercandler@gmail.com 2149521140 I am very disappointed to have this type of housing built on Palmira under our noses but behind our back. Historically these houses lower property values, is the city ready for loss of income from the island. The island has easy access from Flour Bluff and other local CC areas where there is already lower income housing, the infrastructure for lower income people to have access to public transportation, grocery stores etc. This provides access to jobs on the island and still live within 10 miles of a job they might take. Traditionally, HUD lower income brings higher crime rates, criminal records etc. we have a school and church where children walk and play. The city should also make sure any money awarded doesn’t bring a gain to POA’s and developers. Money should be built in for maintenance and upkeep of all these houses. Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 9/29/2020 13:51:21 Donovan Shia 13942 primavera dr dshia@hotmail.com 3615485113 We are opposed to any HUD housing developments on the barrier island known as North Padre Island. Public housing funding should not be allowed for use on barrier islands or other locations that are more expensive to develop. This is not a fair or prudent way to spend public housing development funds as the cost of building, insuring, and maintenance is much higher as compared to other suitable building sites. Thank you for your public comment regarding the CDBG- DR Voluntary Buyout Program. The purpose of this grant program is to outright purchase and demolish approximately 10 homes which are in a flood prone area throughout the City of Corpus Christi. The homes that are selected for this program will not be reconstructed. Again, thank you for your comment and your comment has been noted. 10/15/2020 10:16:38 Ray Morais 15909 PUNTA BONAIRE DR Raymorais61@yahoo.com 3615007963 Why wasnt a 30 day public comment given for the DSW/Oaks Texas new constructions on Padre Island?? Several of these homes were built within the boundaries of the Home Owners Association subdivision. There are no 5ft stem foundations with vented crawl spaces within the subdivision where these homes are plus they are not congruous to the homes in the area and are built beyond the back set back. Regardless, the residents for Padre Island were not given a 30 day public comment. These homes will affect the home values of the homes around them. We would like to know why we were not given the opportunity to comment on these as they are funded through this same program. Someone needs to be held accountable Already responded, refer to cell 2. Respondent submitted two comments; City only needs to respond to indivdual once. CDBG-DR Voluntary Buyout Program Public Comments opened from September 15, 2020 to October 15, 2020 Responses sent on 10/30/2020 45 | P a g e Voluntary Buyout Program Guidelines | December 2020 C) City Responses to Public Comment Respondents 1. City Response to Ray Morais. This respondent submitted two of the four comments the City received. 2. City Response to Heather Candler. 46 | P a g e Voluntary Buyout Program Guidelines | December 2020 3. City Response to Donovan Shia. Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N CITY LIMITS CORPUS CHRISTI , TX 05 MAY 2020 DEPARTMENT OF DEVELOPMENT SERVICES Attachment A Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community N CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS 08 MAY 2020 DEPARTMENT OF DEVELOPMENT SERVICES SEVERE REPETITIVE LOSS REPETITIVE LOSS CITY LIMITS Attachment B Morningside Research AND ConsultinG, Inc www.morningsideresearch.com ASSESSMENT OF FAIR HOUSING City of Corpus Christi, Texas January 4, 2018 Attachment C ASSESSMENT OF FAIR HOUSING City of Corpus Christi, Texas January 4, 2018 Submitted by Morningside Research and Consulting, Inc. P.O. Box 4173 Austin, Texas 78765 Phone 512 302 4413 • Fax 512 302 4416 www.morningsideresearch.com Morningside Research and Consulting, Inc. i City of Corpus Christi 2017 Assessment of Fair Housing TABLE OF CONTENTS I Cover Sheet ............................................................................................................................. 2 II Executive Summary ................................................................................................................. 4 III Community Participation ........................................................................................................ 9 IV. Assessment of Past Goals and Actions ................................................................................. 30 V.A. Demographic Summary ......................................................................................................... 35 V.B.i. Segregation/Integration ...................................................................................................... 41 V.B.ii. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPS) ....................................... 52 V.B.iii. Disparities in Access to Opportunity ................................................................................. 60 V.B.iv. Disproportionate Housing Needs ...................................................................................... 92 V.C. Publicly Supported Housing Analysis ................................................................................... 103 V.D. Disability and Access Analysis ............................................................................................. 117 V.E. Fair Housing Enforcement, Outreach Capacity, and Resources .......................................... 133 VI Fair Housing Goals and Priorities ........................................................................................ 141 Appendix: Public Comments Received ....................................................................................... 148 Morningside Research and Consulting, Inc. 1 City of Corpus Christi 2017 Assessment of Fair Housing I. Cover Sheet Morningside Research and Consulting, Inc. 3 City of Corpus Christi 2017 Assessment of Fair Housing II. Executive Summary Morningside Research and Consulting, Inc. 4 City of Corpus Christi 2017 Assessment of Fair Housing II EXECUTIVE SUMMARY a) Summarize the fair housing issues, significant contributing factors, and goals. Also include an overview of the process and analysis used to reach the goals. OVERVIEW This Assessment of Fair Housing (AFH) is a process that U.S. Department of Housing and Urban Development (HUD) grant recipients must undertake in keeping with their obligation to “affirmatively further fair housing” (AFFH) in accordance with the Fair Housing Act. This report follows HUD guidance for completing the AFH and includes data and maps provided by HUD, as well as data and analysis gathered from the local community and secondary data sources such as the U.S. Census. This AFH includes a detailed fair housing analysis of the City of Corpus Christi, Texas, that includes the following components: D EMOGRAPHIC SUMMARY. This section provides a summary of the race and ethnicity, national origin, language, disability status, sex, age, and family status of residents of the City of Corpus Christi. The section also compares data over time to highlight demographic trends in Corpus Christi since 1990. According to HUD data, Corpus Christi has a predominately Hispanic population (59.7 percent); approximately one-third of residents are Non-Hispanic White, 3.9 percent are Black, and 3.1 percent are of some other race. S EGREGATION/I N TEGRATION. This section analyzes the location of Corpus Christi residents by race and ethnicity and determines levels of segregation based on the dissimilarity of different groups. The highest segregation in Corpus Christi is between Black and Non-Hispanic White residents. RACIALLY OR ETHNICALLY CONCENTRATED AREAS OF POVERTY (R/ECAPS ). A R/ECAP is an area of a city that has a majority Non-White population and poverty rate that is either above 40 percent or three times the regional average. The January 2017 AFFH maps from HUD indicate that seven areas of Corpus Christi are defined as R/ECAPs. R/ECAPs in Corpus Christi have a much higher proportion of Hispanic residents (80 percent) than in the City of Corpus Christi and the Corpus Christi region (Nueces and San Patricio counties). The R/ECAPs also have a higher percentage of Black residents than in the jurisdiction and region. D ISPARITIES IN ACCESS TO OPPORTUNITY. This section analyzes a variety of indicators to determine whether Corpus Christi residents have access to proficient schools, nearby jobs, inexpensive transportation, robust labor markets, and environmentally healthy neighborhoods, regardless of their location or protected class. The groups with the least access to these opportunities are Morningside Research and Consulting, Inc. 5 City of Corpus Christi 2017 Assessment of Fair Housing Hispanic and Non-Hispanic Black, who mostly live in City Council Districts 1, 2, and 3 near the city center. D ISPROPORTIONATE HOUSING NEEDS. This section analyzes rates of housing cost burden, overcrowding, and substandard housing across different racial and ethnic groups and in different areas of the city. Non-Hispanic Black residents are the most likely to experience housing burden in Corpus Christi. Hurricane Harvey made landfall north of Corpus Christi in late August 2017 at the close of the AFH data collection process. No geographic patterns have been identified to date which would suggest disparate impact from the hurricane on protected class groups. PUBLICLY SUPPORTED HOUSING ANALYSIS. This section discusses the location and occupancy of publicly supported housing units in Corpus Christi, including public housing units, project-based Section 8 units, and units in the Housing Choice Voucher program. According to the data, Hispanic residents make up the majority of households in all categories of publicly supported housing in Corpus Christi. D ISABILITY AND ACCESS A NALYSIS. This section reviews the location of Corpus Christi residents with disabilities and the resources available to these residents. The City of Corpus Christi provides some accommodation for services, programs, activities, and facilities and awards community development funds to organizations such as Coastal Bend Center for Independent Living (CBCIL) and Corpus Christi Council for The Deaf and Hard of Hearing Center to provide assistance to residents with disabilities. The Corpus Christi Regional Transportation Authority (CCRTA) provides accessible public transportation for residents with disabilities. F AIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES ANALYSIS. This section discusses the organizations responsible for enforcing fair housing in Corpus Christi. This includes the City of Corpus Christi Human Relations Division (CCHRD), which is a HUD-certified Fair Housing Assistance Program (FHAP) responsible for investigating fair housing complaints and enforcing violations. The section also discusses various state and local laws that may increase fair housing concerns, including state law which enables source of income discrimination. FAIR HOUSING ISSUES Based on the input received from stakeholders and residents during the community participation process, the assessment of past fair housing goals and action, and each component of the fair housing analysis, the following factors contribute to each fair housing issue identified in the City of Corpus Christi. The highest priority is given to those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance. Morningside Research and Consulting, Inc. 6 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Segregation/Integration 1. Location and type of affordable housing 2. Lack of public investments in specific neighborhoods, including services or amenities 3. Lack of community revitalization strategies 4. Displacement of residents due to economic pressures 5. Private discrimination 6. Source of income discrimination 7. Community opposition Racially or Ethnically-Concentrated Areas of Poverty (R/ECAPs) 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Lack of private investments in specific neighborhoods 3. Source of income discrimination 4. Private discrimination 5. Deteriorated or abandoned properties Disparities in Access to Opportunity 1. Location and type of affordable housing 2. Location of employers 3. Location of environmental health hazards 4. Location of proficient schools and school assignment policies 5. Lack of regional cooperation 6. Private discrimination 7. Source of income discrimination 8. Loss of affordable housing 9. Availability, type, frequency, and reliability of public transportation Disproportionate Housing Needs 1. Lack of public investments in specific neighborhoods, including services or amenities 2. Lack of private investments in specific neighborhoods 3. Displacement of residents due to economic pressures 4. Source of income discrimination 5. Loss of affordable housing Publicly Supported Housing Location and Occupancy 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Impediments to mobility 3. Lack of regional or local cooperation 4. Community opposition Disabilities and Access 1. Lack of affordable, accessible housing in a range of unit sizes 2. Location of accessible housing 3. Lack of assistance for housing accessibility modifications 4. State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, shared housing and other integrated settings 5. Access to publicly supported housing for persons with disabilities 6. Lack of affordable in-home or community-based supported services Fair Housing Enforcement, Outreach Capacity, and Resources 1. Lack of local private fair housing outreach and enforcement 2. Lack of state or local fair housing laws* *The Texas legislature passed a bill prohibiting cities from passing bans on source of income discrimination. Morningside Research and Consulting, Inc. 7 City of Corpus Christi 2017 Assessment of Fair Housing Fair housing goals for the City of Corpus Christi are based on the fair housing analysis and the results for each housing issue listed in the table above. The goals shown in the table below are designed to address the fair housing issues and overcome the contributing factors identified. The goals consider all analysis conducted for the report, including input from the community and the consideration of past fair housing goals and actions that the City of Corpus Christi has undertaken. Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues 1. Expand development of affordable housing in high opportunity, environmentally healthy areas of Corpus Christi.  Location and type of affordable housing  Deteriorated or abandoned properties  Lack of private investments in specific neighborhoods  Loss of affordable housing  Community opposition  Lack of affordable, accessible housing in a range of unit sizes  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Disabilities and Access 2. Educate landlords on fair housing issues and laws.  Source of income discrimination  Private discrimination  Lack of access to opportunity due to high housing costs  Impediments to mobility  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy 3. Improve access to public services and amenities in low opportunity areas of Corpus Christi.  Lack of public investments in specific neighborhoods, including services or amenities  Lack of community revitalization strategies  Location of proficient schools and school assignment policies  Availability, type, frequency, and reliability of public transportation  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy 4. Increase the number of accessible housing units for people with disabilities.  Lack of affordable, accessible units in a range of unit sizes  Location of accessible housing  Access to publicly supported housing for persons with disability  Location and type of affordable housing  Disabilities and Access  Disparities in Access to Opportunity 5. Engage in a public awareness campaign to reduce community resistance to affordable housing in high opportunity areas.  Lack of regional cooperation  Lack of public investments in specific neighborhoods, including services or amenities  Private discrimination  Community opposition  Lack of local private fair housing outreach and enforcement  Lack of state or local fair housing laws  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Publicly Supported Housing Location and Occupancy  Fair Housing Enforcement, Outreach Capacity, and Resource Morningside Research and Consulting, Inc. 8 City of Corpus Christi 2017 Assessment of Fair Housing III. Community Participation Morningside Research and Consulting, Inc. 9 City of Corpus Christi 2017 Assessment of Fair Housing III COMMUNITY PARTICIPATION a) Describe outreach activities undertaken to encourage and broaden meaningful community participation in the AFH process, including the types of outreach activities and dates of public hearings or meetings. Identify media outlets used and include a description of efforts made to reach the public, including those representing populations that are typically underrepresented in the planning process such as persons who reside in areas identified as R/ECAPs, persons who are limited English proficient (LEP), and persons with disabilities. Briefly explain how these communications were designed to reach the broadest audience possible. For PHAs, identify your meetings with the Resident Advisory Board and other resident outreach. b) Provide a list of organizations consulted during the community participation process. c) Describe whether the outreach activities elicited broad community participation during the development of the AFH. If there was low participation, or low participation among particular protected class groups, what additional steps might improve or increase community participation in the future, including overall participation or among specific protected class groups? d) Summarize all comments obtained in the community participation process. Include a summary of any comments or views not accepted and the reasons why. SUMMARY OF OUTREACH ACTIVITIES The community participation process included the following activities, each of which is summarized in this chapter:  Resident survey  Interview with fair housing stakeholders  Focus group with fair housing stakeholders  Focus group with Corpus Christi residents  Fair housing public meeting  Public hearing In order to obtain input from Corpus Christi residents for the Assessment of Fair Housing (AFH), Morningside Research and Consulting (Morningside) developed a plan for gathering community input in collaboration with staff from the Department of Housing and Community Development in Corpus Christi and the public information officer for the city. The plan was designed to seek meaningful engagement from residents and stakeholders in order to gather information from Morningside Research and Consulting, Inc. 10 City of Corpus Christi 2017 Assessment of Fair Housing residents on fair housing and housing choice issues in Corpus Christi. The plan included suggested invitees and press release information for submission to various media outlets. Corpus Christi staff conducted outreach to the public through a City Manager update on July 25, 2017 during a city council meeting which was video recorded and made available online, through city news releases on July 25 and August 4 which were posted on the city newsroom website and were also promoted through Facebook and Twitter, and in an employee newsletter. Staff also conducted outreach through email and in-person communication with community stakeholders who distributed surveys and event invitations to their clients and residents throughout the city. The city created a web interface on the city website for the Assessment of Fair Housing, which can be viewed here: http://www.cctexas.com/fairhousingassessment. A notice of the public hearing was posted in the Corpus Christi Caller Times daily newspaper in both English and Spanish. The Facebook and Twitter posts for the resident survey are shown below. Morningside Research and Consulting, Inc. 11 City of Corpus Christi 2017 Assessment of Fair Housing This outreach process elicited broad community participation. The resident survey was completed by 237 residents, and individuals participated in two stakeholder focus groups (14), interviews (10), two resident focus groups (20) and a public meeting (11). In some cases, stakeholders who were interviewed also came to a focus group and were not counted twice. The table below shows the complete list of organizations represented in interviews, focus groups, and the public meeting. Table III-1 Organizations Represented in Community Participation Organizations Engaged Rio Grande Legal Aid Coastal Bend Center for Independent Living Habitat for Humanity Corpus Christi Housing Authority City of Corpus Christi Human Relations Department Blue Wave Construction Methodist Health Care Prime Real Estate City of Corpus Christi Planning Division Corpus Christi Association of Realtors Corpus Christi Metro Ministries Catholic Charities Housing Braselton Homes Mortgage Financial Services Citizens Alliance for Fairness and Progress The Salvation Army Family Endeavors Texas Low Income Housing Information Service Keller Williams Coastal Bend FAIR HOUSING STAKEHOLDER AND RESIDENT ENGAGEMENT Representatives of the following organizations were interviewed:  Rio Grande Legal Aid  Habitat for Humanity  City of Corpus Christi Human Relations Department  Coastal Bend Center for Independent Living  Corpus Christi Housing Authority Morningside Research and Consulting, Inc. 12 City of Corpus Christi 2017 Assessment of Fair Housing  Blue Wave Construction  Braselton Homes  Mortgage Financial Services  Citizens Alliance for Fairness and Progress  Texas Low Income Housing Information Service  Corpus Christi Planning Division In addition, two 1.5-hour focus groups were held with fair housing stakeholders in Corpus Christi at the following times:  Thursday August 10, 2017 at 2:45pm  Friday August 11, 2017 at 9:00am. Both focus groups were held at the City Council Chambers at City Hall. Two focus groups were held to gather insight from residents of Corpus Christi. One focus group was at Broadmoor Senior Center with 11 participants and one was at Greenwood Senior Center with 16 participants. Email invitations included a statement in Spanish that requests for translation could be made prior to the meetings. All written materials used during the focus groups were available in English and Spanish. Spanish-speaking translators were available during both focus groups and provided translation to Spanish-speaking attendees. Lunches were provided at these focus groups. The dates and times of the focus groups are below:  Broadmoor Senior Center Focus Group: Thursday August 10, 2017 at 11:30am  Greenwood Senior Center Focus Group: Friday August 11, 2017 at 11:30am At one focus group, all participants were seniors, and the other was a mix of seniors, adults, and young adults. Each focus group had a mix of renters and homeowners. Racial and ethnic identity was not asked of participants. Spanish language interpretation was provided by Spanish-speaking city employees to communicate with several non-English-speaking attendees. THEMES The following themes emerged from the interviews and focus groups with fair housing stakeholders and residents in Corpus Christi resulted in the following themes. F AIR HOUSING ACTIVITIES IN C ORPUS C HRISTI. Corpus Christi has a strong network of stakeholders engaged in fair housing issues. The Human Relations Department of Corpus Christi is a local Fair Housing Assistance Program (FHAP) that receives fair housing discrimination calls and investigates fair housing complaints for the city. The department is one of five local FHAPs in Texas. Having a local FHAP benefits Corpus Christi, as the department is able to provide local support to the community and conduct outreach through community partners. FHAP office staff, Morningside Research and Consulting, Inc. 13 City of Corpus Christi 2017 Assessment of Fair Housing including the administrator, participated in an interview and focus group to provide information about the nature of complaints received by the office. In addition to investigating complaints, FHAP office staff attend community events to educate the community on fair housing issues. Between July 1, 2016, and July 1, 2017, FHAP office staff attended 18 events in the community as shown in the table below. Table III-2 Corpus Christi Human Relations Department Fair Housing Outreach Events Since July 1, 2016 Name of Event Audience Type Operation Safe Return Public Outreach Project Homeless Connect Corpus Christi Public Outreach Department of Labor DOL Employees Outreach 3rd Annual - Young Women in Leadership Public Outreach 8th Annual Walk 'N Roll Event Public Outreach George Evans Elementary Halloween Elementary Students Outreach Life After Graduation High School Students with Disabilities Outreach Life After Graduation High School Students with Disabilities Training Del Mar College - Job Fair College Students Outreach South Texas Lighthouse for the Blind Public Outreach Candlewood Apts./The Bay Club Employees Training Del Mar College College Students Outreach Prospera Employees Training City Hall in the Mall Public Outreach Rubber Duck Round-Up Public Outreach Nueces County Courthouse Public Outreach Corpus Christi Apartment Association Annual Training Seminar CCAA Members Training Corpus Christi Apartment Association Annual Trade Show CCAA Members Outreach Despite these efforts, stakeholders engaged in this process believe community and stakeholder education on fair housing could be improved. In resident focus groups, most participants did not know whom to call about a fair housing complaint. Brochures for the Human Relations Department of Corpus Christi were distributed to all participants. In 2015, Corpus Christi residents in an historically segregated African American community on the north side of the city filed a Title VI civil rights complaint with the Federal Highway Administration (FHWA) related to segregation and environmental quality. The complaint was filed by residents of Hillcrest and Washington-Coles neighborhoods on the north side of Corpus Christi, designated for African-American residents during Jim Crow segregation, bordered by a heavy industrial zone called “refinery row” outside the city to the north and isolated from the rest of the city by Interstate 37. In 2012, the Texas Department of Transportation (TxDOT) Morningside Research and Consulting, Inc. 14 City of Corpus Christi 2017 Assessment of Fair Housing proposed the Harbor Bridge relocation, which would cut directly through the Washington-Coles neighborhood, further isolating both neighborhoods from the rest of the city and increasing pollution in the area. The area is already affected by neighboring refineries and highways. In December 2015, the residents of the north side reached a mitigation agreement with TxDOT that resulted in a voluntary relocation program for residents in the Hillcrest and Washington-Coles neighborhoods with TxDOT providing relocation counseling and financial assistance with moving, among other assistance. Additional detail about this agreement and a detailed history of the policies and practices which led to the conditions in the Hillcrest and Washington-Coles neighborhoods can be found in a report prepared by Texas Rio Grande Legal Aid, available at this website: https://savehillcrestfromharborbridge.files.wordpress.com/2015/03/title-vi- complaint-final-w-signatures.pdf. Several staff of Texas Rio Grande Legal Aid and two residents active in the affected neighborhood participated in the AFH community participation process. Texas Rio Grande Legal Aid represented the residents of the north side in this complaint and continues to be an active advocate for residents as the mitigation agreement is implemented. Additionally, Texas Low Income Housing Information Service was involved in supporting the residents of the north side and provided data and information for this AFH regarding the civil rights and environmental justice issues related to the Harbor Bridge Project. A short documentary on fair housing and environmental justice in Corpus Christi can be found on the Texas Low Income Housing Information Service at the following link: https://texashousers.net/reports/corpuschristi/. Advocates involved with the north side legal dispute believe that the city could improve communication with residents by more thoroughly incorporating resident beliefs and needs into neighborhood planning efforts. Stakeholders believe the city continues to neglect the needs of north side residents who plan to stay in the neighborhood rather than relocating. A stakeholder pointed out that the resettlement assistance from TxDOT is voluntary and stakeholders believe the city has made little effort to collaborate with residents who will stay in the neighborhood to improve conditions in the neighborhood. Further exacerbating issues on the north side, stakeholders discussed the demolition of D.N. Leathers, the public housing facility in the Hillcrest neighborhood in 2017. The Corpus Christi Housing Authority (CCHA) provided tenant-based vouchers for relocation and mobility counseling to residents who were displaced, some residents believed that the assistance was not adequate. For example, they received an outdated list of apartments accepting vouchers. S HORTAGE OF AFFORDABLE HOUSING. Stakeholders agree that Corpus Christi has a shortage of affordable housing for both renters and homebuyers. Stakeholders noted that affordable housing is concentrated on the north side of Corpus Christi, an area that has a higher concentration of African American residents than the rest of the city and on the west side of Corpus Christi, an Morningside Research and Consulting, Inc. 15 City of Corpus Christi 2017 Assessment of Fair Housing area with a higher concentration of low-income Latino/Hispanic residents who are more likely to be first or second-generation Americans or speak primarily Spanish. Affordable housing is not thought to be available on the south side or on the portion of North Padre Island in City Council District 4. Stakeholders agree that Corpus Christi lacks affordable housing options for extremely low- income residents. The CCHA has a waiting list of over 1,000 people. Stakeholders discussed that a gap exists between what is being built as affordable housing and the need in the community for deeply affordable housing, especially for families at 30 percent of median family income and below. Stakeholders suggested that affordable housing needs to be a part of the city’s planning efforts, and some suggest that a committee should be created by the city council that includes stakeholders, residents, and employers to address this issue. Stakeholders noted the lack of planning staff at the city to help address affordable housing needs. According to staff in the planning division of the City of Corpus Christi, the city eliminated the planning division four years ago and recently reestablished it in February 2017. In late 2016, the city completed a comprehensive plan, Plan CC, through the year 2035, which was the first updated plan since the 1980s. Plan CC’s vision for housing and neighborhoods includes affordable housing for all income levels. A goal of the plan is to: “support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning, and advocacy.”1 In an effort to address affordable housing and access to opportunities, the planning division will be developing area development plans in nine neighborhoods which are listed in Plan CC. Residents in focus groups who do not own their home said that it is difficult to find affordable housing in Corpus Christi. They discussed the long wait lists for public housing and lack of other options. Residents also discussed confusion with public housing rules and other affordable housing options and frustration when they are looking for an apartment with landlords who do not call them back. Some residents noted that it is challenging to find affordable housing with a criminal history. A few residents participating in focus groups said that they were paying over 30 percent of their income on housing, and one was spending over 50 percent of their income on housing. Residents also discussed that it is especially difficult to find affordable housing with multiple bedrooms for larger families. Multiple residents discussed issues of overcrowding. One resident was kicked out of an apartment because they had too many people living in the unit. Other senior residents discussed that they had family members living with them causing overcrowding in their homes. 1 Plan CC Comprehensive Plan. PDF. Web. http://docs.wixstatic.com/ugd/c701b0_9e69fd3ad1b148428fb9e2e17040f015.pdf. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 16 City of Corpus Christi 2017 Assessment of Fair Housing The City of Corpus Christi has a fund, called the Type A Fund, which receives one-eighth of a cent of sales tax designated for economic and job growth. Decisions about distributing Type A Funds are made by the Type A Board, who are appointed by city council. Several stakeholders noted that this fund includes the Homebuyer Assistance Program, which provides eligible homebuyers up to $10,000 for down payment assistance. Properties purchased using Type A funds may not exceed a sales price of $166,000. The Type A Fund has $500,000 to distribute on an annual basis, which goes toward the homebuyer assistance program as well as administrative costs. Last year approximately $350,000 was distributed as homebuyer assistance and $50,000 for administrative costs. Additionally, for the past two years a portion of the Type A Fund was given to the CCHA to rehabilitate one of their public housing complexes and bring seven previously unusable units back into the market. A total of $400,000 was given to the CCHA for this purpose. Stakeholders discussed this program as a strength in the community for providing opportunities for single family homeownership among low-income residents. C OMMUNITY OPPOSITION TO AFFORDABLE HOUSING IN CERTAIN NEIGHBORHOODS. Stakeholders discussed that a barrier to building affordable housing in Corpus Christi is community opposition to affordable housing in certain neighborhoods. Stakeholders agree that community opposition exists to building affordable housing units in the Calallen area in the northwest and on the south side of Corpus Christi. Stakeholders noted that the community lacks knowledge about what affordable housing is and how it can be good for all neighborhoods. They noted that officials are not doing a good job of educating communities on the benefits of affordable housing before trying to launch a project, and thus affordable housing keeps getting pushed out of neighborhoods. Specifically, stakeholders noted that many people don’t understand tax credit properties. This group of stakeholders believe that the community opposition continues trends of segregation in Corpus Christi. V OUCHER USE. Stakeholders do not believe that everyone in Corpus Christi can live where they want. Stakeholders noted that residents using public housing vouchers are frequently turned down for rentals because landlords do not accept vouchers as a form of payment. When D.N. Leathers was recently demolished, residents were given tenant-based vouchers. Stakeholders discussed that residents experienced difficulty finding apartments that would accept vouchers, especially on the south side. Stakeholders noted that parents who were displaced when D.N. Leathers was demolished are having to withdraw their children from their current school because they cannot find a place to live nearby. The project-based affordable housing on Ayers street on the west side of Corpus Christi, including La Armada I, La Armada II, and Clairelaine Gardens, will also be transitioning to tenant-based vouchers in the future which will increase the number of Corpus Christi residents attempting to Morningside Research and Consulting, Inc. 17 City of Corpus Christi 2017 Assessment of Fair Housing use vouchers as a form of payment outside of the currently concentrated areas of affordable housing on the west and north sides of the city. Stakeholders who work with persons with disabilities noted that these individuals receive vouchers through the Texas Department of Housing and Community Affairs, and they experience similar issues with private landlords not accepting their vouchers. Stakeholders believe that private landlords not accepting vouchers continues patterns of racial segregation in the city. Some states and municipalities in other states have passed laws prohibiting landlords from denying vouchers, considering it discrimination based on source of income; however, Texas state law currently prohibits local jurisdictions from passing such protections. U NEVENLY DISTRIBUTED PUBLIC SERVICES AND AMENITIES. Stakeholders agree that many people want to live on the south side of Corpus Christi for the good schools, but many jobs are concentrated where the refineries are, north and northwest. Stakeholders agree that although public transportation is available in the city, it would be difficult for someone who relied on public transportation to live on the south side and travel to the refineries for work due to the amount of time it would take. Neighborhoods that have higher incomes and access to better schools such as the south side and the Calallen area generally have less access to public transportation in Corpus Christi, limiting the ability of a low-income or disabled person who relies on public transportation to live in those areas. Stakeholders noted that the Flour Bluff area has a homeless community that has trouble getting to services downtown due to lack of transportation in the area. Stakeholders noted that there are good libraries with public computers and active senior centers in Corpus Christi; however, they worry that these public services are vulnerable to funding reductions. They mentioned that in recent years many public pools have reduced hours or closed, and community policing efforts have been eliminated, which were assets to the community. E NVIRONMENTAL CONCERNS. Corpus Christi is an area with heavy industry, including refineries and chemical plants. Stakeholders agreed that the industry, which is primarily along Interstate 37 outside the city to the north just south of Nueces Bay, disproportionately affects neighborhoods in close proximity. Stakeholders noted that these neighborhoods have issues with decreased property value and health concerns related to air and soil quality. Many of the neighborhoods that have industry nearby are also low-income communities with high concentrations of minority residents, including neighborhoods on the north side and west side of the city. The Harbor Bridge project, which will replace the current harbor bridge, was also commonly discussed as it will cut through the Hillcrest and Washington Coles neighborhoods on the north side of Corpus Christi, Morningside Research and Consulting, Inc. 18 City of Corpus Christi 2017 Assessment of Fair Housing displacing some residents and increasing exposure to freeway pollution for those who remain in the neighborhoods. LACK OF ACCESSIBLE HOUSING. Stakeholders believe that Corpus Christi has a lack of accessible housing for residents with disabilities. According to these stakeholders, Corpus Christi has an older population, and residents are aging into disabilities. Once someone is placed in an accessible unit in public housing, they typically stay for a very long time, and it is difficult to find open units for people transitioning out of institutions or others needing an accessible unit. Advocates for individuals with disabilities believe that the city does not prioritize the needs of disabled residents in planning efforts. Stakeholders report that the CCHA has 91 accessible units and is currently the only source of permanent housing for residents with disabilities. The City of Corpus Christi, through its HOME Investment Partnership Program (HOME), has partially or fully funded projects which have generated 214 new permanent affordable and accessible units as well as 60 rehabilitated affordable and accessible units in Corpus Christi. The highest volume of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. Individuals who age into a disability experience difficulty requesting modifications through private landlords. Additionally, some of the public housing facilities are out of date and need modifications to comply with the Americans with Disabilities Act (ADA) regulations. Advocates discussed that building affordable housing in surrounding rural areas does not benefit individuals with disabilities who rely on public transportation and need affordable housing within the city where transportation is accessible. The B-line is a paratransit service that provides door- to-door transportation services for people with disabilities who qualify for service; however, advocates for individuals with disabilities noted that it can be inconvenient because service has to be scheduled three days in advance; according to the B-Line, no exceptions are granted. LACK OF ASSISTANCE FOR HOME MODIFICATIONS AND MAINTENANCE. Senior residents noted difficulty getting assistance to install modifications to their homes such as shower grab bars, raised toilet seats, and converting the bathtub to a standing shower. Many seniors said that they rely on their children to help them install modifications. When asked if they knew whom to call if they could not rely on a family member, most residents said they would not know whom to call. Seniors discussed that it is difficult to find affordable services for other home maintenance issues such as lawn service, pest control, plumbing, and weatherization. Homeowners noted that in order to keep up with city codes they have to arrange for trees to be trimmed, but it is difficult to find an affordable service. A representative from the Human Relations Department, who takes fair housing calls in Corpus Christi, said they receive a lot of calls from people needing assistance with home maintenance and modifications and refer them to other organizations. Morningside Research and Consulting, Inc. 19 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF HOUSING AND RESOURCES FOR THE INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS. Stakeholders noted that Corpus Christi is lacking housing options for individuals and families experiencing homelessness. Stakeholders who work in shelters noted gaps in services. For example, in the women’s shelter, boys over the age of 13 are not allowed, and in the men’s shelter, individuals with severe mental illness are sometimes barred from facilities due to behavior that is seen as dangerous. Stakeholders discussed the need for supportive housing options for the homeless population who experience severe mental illness. INVESTMENT IN EXISTING NEIGHBORHOODS. Stakeholders noted that many dilapidated homes exist in Corpus Christi. Some stakeholders believe that code enforcement should address the number of blighted homes, however others thought that stricter code enforcement could force low- income homeowners out of their home because they are unable to afford the required maintenance. Stakeholders noted that rather than improve existing housing stock, development is occurring in new areas of the city, including the south side and some on the west side. Stakeholders also said that existing infrastructure in the city, such as roads and water facilities, are old and not well maintained. When asked about underdeveloped areas, some stakeholders noted that rural areas, including the many colonias2 near the city and other areas outside the city limits, are not connected to sewer and wastewater which is a barrier to development and an added cost for developers. Some stakeholders noted that many older homes in Corpus Christi have title issues, preventing redevelopment. An example provided by a stakeholder that often occurs in Corpus Christi is a family who has been in a home for generations but the current residents do not own the title, nor do they know where the correct heir is. Stakeholders suggested a land trust is needed to clear titles in order to rebuild on existing lots. Stakeholders discussed infill, building within the city in communities that already exist, rather than continuing to grow out. Infill helps to keep residents close to amenities such as existing transportation networks, schools, and grocery stores. Stakeholders noted zoning changes are needed to allow for multiple units to be built on single-family lots in residential neighborhoods but generally believe that the city was receptive and easy to work with on changing zoning rules. LANGUAGE BARRIERS. Stakeholders discussed language barriers for Spanish and Asian languages. Although some stakeholders believe that Corpus Christi has enough Spanish speaking realtors, others believe that there are not enough. A Spanish speaking realtor in one of the focus groups noted that four or five Spanish speakers work in their office of 200 realtors, which is a small number considering the number of Corpus Christi residents who speak primarily Spanish. 2 Colonias are defined by the Texas Secretary of State as residential areas along the Texas-Mexico border that may lack basic living necessities such as water and sewer systems, electricity, roads, and safe housing. What is a Colonia. Texas Secretary of State Rolando Pablos. Web. https://www.sos.state.tx.us/border/colonias/what_colonia.shtml. Accessed September 21, 2017. Morningside Research and Consulting, Inc. 20 City of Corpus Christi 2017 Assessment of Fair Housing Stakeholders believe realtors who speak Asian languages are lacking in Corpus Christi and discussed the recent influx of Asian residents due to international industry partnerships in the area. FAIR HOUSING PUBLIC MEETING A public meeting was held at 5:30pm on Thursday August 10, 2017 at the Salvation Army Community Center, a separate location from the shelter. Eleven participants attended the event. The event included a presentation on the definition and history of fair housing and the demographics of Corpus Christi relevant to fair housing issues along with three activities to obtain community input: A dot activity to identify protected classes who experience discrimination; a map activity to identify areas with limited access to good schools, jobs, transportation, and affordable housing; and a prioritization worksheet. D OT ACTIVITY. The dot activity displayed the protected classes from The Fair Housing Act and asked participants to place a dot sticker on the groups of people most affected by fair housing issues. The responses are shown in the table below. Table III-3 Protected Classes Who are Most Affected by Fair Housing Issues in Corpus Christi Population Group Number of Dots Race 11 Hispanic/Latino 3 African American/Black 2 Asian Indian 1 Native Hawaiian/Pacific Islander 1 American Indian/Native American 1 White 1 Multiracial 1 Other 0 Disability 5 National Origin 3 Families with Children 2 Sex 1 Male 0 Female 0 LGBTQ 1 Religion 1 Other 1 Participants were invited to share additional written thoughts about housing discrimination. Seven comments were received. Two were related to individuals and families of foreign national Morningside Research and Consulting, Inc. 21 City of Corpus Christi 2017 Assessment of Fair Housing origin who cannot qualify for home mortgages and do not apply for affordable housing because they will not be accepted. Three were related to individuals with disabilities, one indicating that many properties do not have bathrooms that meet ADA standards, another indicating that the degree of a person’s disability is not considered for housing needs, and one stated that age discrimination occurs in Corpus Christi. The last two comments related to family safety, noting that Corpus Christi neighborhoods are not always safe and well-lit. M AP ACTIVITY. Two large maps of Corpus Christi were displayed at the map station. The maps displayed the City of Corpus Christi and the boundaries of each of the five city council districts. On one map, participants were asked to identify areas that do not have access to good schools, jobs, or transportation using different colored push pins. On the second map, participants were asked to put one color pin in areas where affordable housing exists and another color where it should exist. The results of both map activities are described below. M AP 1 : S CHOOLS, JOBS, AND PUBLIC TRANSPORTATION. City Council District 3, on the west side of Corpus Christi in, just east of Corpus Christi International Airport and south of Texas Highway 44 received the most pins. This area of the map showed a lack of access to good schools (three pins) as well as a lack of access to good jobs (three pins). Slightly further south in District 3 south of Brownsville Road, an additional pin indicated a lack of access to good schools and a pin indicated a lack of access to public transportation. District 1 had the second highest concentration of pins in the activity. South of Leopard Street and east of Rand Morgan Street on the west side of Corpus Christi, one pin indicated lack of access to good schools and one pin indicated lack of access to public transportation in the area. Additionally, in the Hillcrest neighborhood north of Interstate 37, a pin indicated lack of access to good schools. Although District 1 had the second highest concentration of pins, no pins were placed in the far northwest corner of this district in the Calallen neighborhood. In District 4, one pin indicated a lack of access to good jobs in the Flour Bluff area and one pin indicated lack of access to public transportation on the portion of North Padre Island located within this district. Stakeholders did not place any pins in Districts 2 or 5. Although this AFH focuses on the City of Corpus Christi, some participants placed pins outside of the city limits. Participants indicated lack of access to public transportation in Petronila and Chapman Ranch, south of Corpus Christi, and north across the bay bridge into Portland. Participants also indicated a lack of good jobs in Petronila and Chapman Ranch. Robstown, west of the City of Corpus Christi, received two pins indicating a lack of access to good jobs and one pin indicating lack of access to good schools. Morningside Research and Consulting, Inc. 22 City of Corpus Christi 2017 Assessment of Fair Housing M AP 2 : AFFORDABLE HOUSING. Eight pins were placed in areas in Corpus Christi that have affordable housing and 12 were placed for areas that should have affordable housing. One pin outside of the city indicated affordable housing is available just west of the city toward Robstown. According to participants in this activity, District 3 has the most affordable housing (three pins), however it also had the most pins indicating it should have more affordable housing (seven pins). Affordable housing was identified in the south of District 3 near Ayers Street and South Padre Island Drive and just east of the Corpus Christi International Airport. The seven pins indicating District 3 should have more affordable housing were spread throughout the district. Affordable housing was identified in District 4 (two pins) near Rodd Field Road and in the Flour Bluff neighborhood, however the district was also identified as needing more affordable housing (three pins). Districts 1, 2, and 4 each had one pin indicating that affordable housing exists in the area, and of those three, District 1 had two pins indicating more affordable housing is needed in the area - one on the west side and one close to downtown. P RIORITIZATION WORKSHEET. Participants in each focus group and the public meeting were asked to prioritize what they believe are the most significant fair housing issues in Corpus Christi as well as the area of the city affected by each issue. Below is a table of responses in order of frequency. Table III-4 Prioritization of Fair Housing Issues Issue Frequency Area Affordable housing issues 24 City-wide Lack of accessible housing 14 District 4 Amenities that are not equally distributed throughout the city 11 District 1, 2, 4, 5 Income discrimination/not taking vouchers 7 District 1 Community opposition 5 District 1, 4 Lack of private and public investment or lack of community involvement 5 City-wide Segregation 4 No location identified Lack of knowledge or education 3 District 1, 5 Denials due to criminal background check 3 No location identified Lack of community revitalization strategies 3 No location identified Displacement of residents due to economic pressures 3 District 3, 5 Discrimination based on family size 2 No location identified Lack of financial services and education 2 No location identified Discrimination based on sex 2 No location identified Discrimination based on race 2 District 5 Private discrimination 2 No location identified Homelessness 2 District 4, north side Lack of regional cooperation 2 District 2 Denials due to bad credit 1 No location identified Lack of income 1 No location identified Morningside Research and Consulting, Inc. 23 City of Corpus Christi 2017 Assessment of Fair Housing Issue Frequency Area Discrimination based on national origin 1 No location identified Discrimination against younger people 1 District 5 Land use and zoning 1 District 2 Low paying jobs 1 District 1 Discrimination based on sexual orientation 1 District 2 PUBLIC HEARING A public hearing was held on October 10, 2017, at 5:30 pm. The notice for the public hearing indicated that anyone who needed accommodation should call the City Housing and Community Development Department (HCD) 24 hours prior to the meeting. A phone number to make such a request was included in the notice. One person appeared at the hearing and the comments made and the response from the city are included in the Appendix to this report. A Spanish-speaker was available at the meeting to translate if needed. RESIDENT FAIR HOUSING SURVEY The Corpus Christi Assessment of Fair Housing survey was available online and in paper formats in both English and Spanish. The survey was open for responses online between July 13, 2017 and August 18, 2017. Of the 236 responses received, 232 completed the survey online and 4 completed and returned the paper version. The City Manager announced the survey twice during city manager updates to city council. The city also sent multiple electronic notifications through an employee newsletter and emails to community partners. Stakeholders were asked to distribute the survey and send regular reminders to their clients and contacts. The following sections provide a detailed analysis of the survey results. DEMOGRAPHICS All respondents completed the survey in English. Of the 189 respondents who indicated their race or ethnicity, 46.6 percent identify as White/Caucasian, 46.0 percent identify as Hispanic, and 7.9 percent chose not to answer. A majority (73.7 percent) of respondents identify as female. Most survey respondents (60.9 percent) were between 36 and 64 years old. Morningside Research and Consulting, Inc. 24 City of Corpus Christi 2017 Assessment of Fair Housing Table III-5 shows the educational attainment of respondents. Approximately 42.9 percent have a bachelor’s degree or higher, 37.0 percent have some college or an associate’s degree, 14.8 percent have a high school diploma, and 5.3 percent have less than a high school diploma. Table III-5 Educational Attainment of Respondents Highest Educational Attainment Percent of Respondents Less than high school diploma 5.3% High school diploma 14.8% Some college or associate’s degree 37.0% Bachelor’s degree or higher 42.9% Table III-6 shows the household income distribution of respondents. Table III-6 Income Distribution of Respondents Household Income Percent of Respondents Less than $15,000 10.8% Between $15,000 and $25,000 13.5% Between $25,000 and $40,000 16.2% Between $40,000 and $50,000 7.6% Between $50,000 and $65,000 16.2% Between $65,000 and $80,000 11.9% Between $80,000 and $100,000 12.4% More than $100,000 11.4% About 65.2 percent of respondents are employed full time, 7.5 percent are employed part time, 22.5 percent are unemployed, and 4.8 percent are full-time students. C URRENT HOUSING. Most respondents report living in ZIP codes 78404 (City Council Districts 2 and 4), 78410 (City Council District 1), 78413 (City Council Districts 3 and 5), and 78418 (City Council District 4). On average, respondents have lived in Corpus Christi for approximately 24 years. Most respondents have lived at their current residence from 1 to 16 years. Most respondents are satisfied with their current housing situation, with a respondent satisfaction average of 3.3 on a scale of 1 to 5. About one-third of respondents report they are not happy in their current neighborhood. Many cite financial affordability as a major reason. Many respondents (40 percent) report that they would move to a different neighborhood, citing desires such as paying less for housing, moving to a bigger place, moving to a safer or quieter area, and gaining better roads and living conditions. As one respondent writes, “Roads and sidewalks are deteriorated and we can't even use sidewalks to go for a walk. Some homes are abandoned and allowed to sit empty.” Other Morningside Research and Consulting, Inc. 25 City of Corpus Christi 2017 Assessment of Fair Housing respondents write, “I want to get away from the refinery and all the noise of the freeway”, and “On my side of town people are neglectful of their properties and the city seems not to care as much as it does for the south side of town.” Most respondents (82.5 percent) have at least one child under age 18 in their household, and the average household has three people (including the respondent). Close to half of the respondents (45.8 percent) say their home has three bedrooms; 18.4 percent have more than three bedrooms; 27.4 percent have two bedrooms; and 8.4 percent have one bedroom. Most respondents (74.9 percent) believe that their current neighborhood is not affected by air pollution. HOMEOWNERS. Nearly half (47.9 percent) of respondents say they live in a house or condo that they own. Of a total of 95 respondents, 91 say they have access to a public sewer, 45 have access to gas, 6 have access to septic systems, and all of them say they have electricity, indoor running water, hot water, and a working bathroom in their house or condo. Most owners say that their house is between 30 and 50 years old. A majority of homeowners (74.7 percent) indicate that they are able to keep up with the maintenance on their house, with 10.5 percent indicating they are somewhat able to keep up. Most respondents are satisfied with their mortgage rate, with a respondent satisfaction average of 3.5 on a scale of 1 to 5. R ENTERS. About one-third of respondents (34.1 percent) say that they live in a house or apartment that they rent. Of a total of 77 renters, 66 say they have access to air-conditioning and heat, 64 say they have access to a public sewer, 28 have access to gas, 10 have access to septic systems, and most of them say they have electricity, indoor running water, hot water, and a working bathroom in their rental. On average, these renters have been living in their current location for about four years. The most common reasons for not buying a house are not having enough money for a down payment and not having good credit, although some respondents pointed out that they were in the process of buying a house. When asked how satisfied they are with the cost of their rent on a scale of 1 to 5, respondents give an average rating of 2.7. OTHER LIVING ARRANGEMENTS. Of the remaining 38 respondents, 5 respondents say they live with friends or relatives and do not pay rent, 11 live with others and help with household expenses, 10 live in publicly supported housing, 1 lives in a temporary shelter, 2 are currently homeless, and 9 respondents listed other living arrangements. C OST BURDEN. Just over half of residents (54.7 percent) indicate that they are experiencing cost burden, which is defined as spending more than 30 percent of their monthly household income on housing, and 31.2 percent indicate that they are severely cost burdened, spending more than 50 percent of their household income on housing. Morningside Research and Consulting, Inc. 26 City of Corpus Christi 2017 Assessment of Fair Housing A CCESS TO OPPORTUNITIES. Most residents (74.3 percent) believe that they have access to good schools in their neighborhood, and 70.1 percent believe they have adequate access to transportation. Just over half of residents (57.2 percent) believe they have access to good jobs. Approximately 32.2 percent indicate that they would use public transportation if it were available and another 32.2 percent indicate they might use it. A CCESSIBILITY. Regarding accessibility, 11.0 percent of respondents have someone with one or more disabilities living in their home, and 9.0 percent have at least one person over age 65 living in their home. Few respondents (8.2 percent) indicate that their residences have been modified for a disability. Some respondents paid for these modifications through a personal loan while others say that their apartments came with accessibility modifications. Most respondents (56.3 percent) report modified toilet seats in their residences; others say handicap showers are installed. Some residents (12.3 percent) say that they need accessibility modifications, specifying the need for widened doorways, modified bathrooms, and wheelchair ramps. Few respondents (24.9 percent) know how to request modifications to their residence for a disability. Most residents (54.4 percent) describe the public areas and facilities in Corpus Christi as “somewhat accessible” and 16.6 percent describe them as “very accessible”. D ISCRIMINATION. Out of 190 respondents to questions about discrimination, 17.4 percent indicate that they have been turned down for a mortgage. A majority (67.7 percent) believe that they were turned down because their credit score was too low. Seven residents believe their mortgage application was turned down for discriminatory reasons on the basis of familial status (having children), religion, race, or sex. Nine respondents described low income, credit score, and physical appearance as reasons why their mortgage application was turned down. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Similarly, of the nine percent of residents who have experienced a rental application rejection, more than half believe it was because of their low credit score, although some say it could be because of a weak rental history or criminal record. Twelve residents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. As one respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Out of 192 respondents, nine explicitly say that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. Another respondent reports having been turned down because they were previously homeless. Morningside Research and Consulting, Inc. 27 City of Corpus Christi 2017 Assessment of Fair Housing FAIR HOUSING OUTREACH AND EDUCATION. Most respondents (47.9 percent) say they do not know how to file a housing complaint, and many (44.8 percent) say they do not know who to talk to if they believe they have been discriminated against while looking for housing. Of the 190 residents who responded, about one-third (33.2 percent) say they do not trust that a housing complaint would be addressed if they were to file one. COMMUNITY PARTICIPATION LIMITATIONS Outreach was intended to engage broad participation among protected class groups, however demographic information was not collected from participants in interviews and focus groups. The city engaged in a robust outreach effort to include residents and stakeholders of many protected classes including race, color, national origin, sex, disability, religion, and family status. Members of the African American community living on the north side participated in this AFH; however, considering recent fair housing history in the city, more targeted outreach to this community could have yielded higher participation. Additionally, participation of primarily Spanish speaking low-income Hispanic residents was lower than expected given the large Hispanic population in Corpus Christi. In the future, several steps can be taken to improve community participation in the AFH: 1. Plan for a more robust communication effort from the city to the community, including wider and more frequent publication of announcements of meetings, particularly in Spanish-language print publications. Consider using public service announcements on radio and television media outlets, including those that serve Spanish-speaking audiences. 2. More targeted outreach to members of protected classes through neighborhood associations, churches, and community organizations to increase participation among members of protected classes, particularly individuals with disabilities. 3. As funds allow, consider expanding the number of focus groups and locate the focus groups in additional areas of the community to reach populations historically impacted by segregation or experiencing other fair housing problems. 4. As funds allow, consider translating the AFH into Spanish for review during the public comment period. Morningside Research and Consulting, Inc. 28 City of Corpus Christi 2017 Assessment of Fair Housing PUBLIC COMMENTS The AFH was available for public comment between October 18, 2017 and November 20, 2017. Comments were received during this period as well as during the public hearing on October 10, 2017. The comments received are summarized in a table in the Appendix to this report. The table indicates which comments were accepted and which were rejected. Morningside Research and Consulting, Inc. 29 City of Corpus Christi 2017 Assessment of Fair Housing VI. Assessment of Past Goals and Actions Morningside Research and Consulting, Inc. 30 City of Corpus Christi 2017 Assessment of Fair Housing IV. ASSESSMENT OF PAST GOALS AND ACTIONS a) Indicate what fair housing goals were selected by program participant(s) in recent Analyses of Impediments, Assessments of Fair Housing, or other relevant planning documents: The City of Corpus Christi adopted 15 fair housing recommendations in its 2012 Analysis of Impediments to Fair Housing Choice (AI). Housing and community development goals set in the 2013- 2017 Consolidated Plan (ConPlan) and 2016 – 2017 Annual Action Plan are also relevant to fair housing in Corpus Christi. b) Discuss what progress has been made toward their achievement Overall, fair housing and community development goals set by the City of Corpus Christi have primarily focused on expanding the stock of affordable housing available in the city. Significant progress has been made toward achieving these goals. Since 2012, the city has used HOME Investment Partnership Program funds to support new construction of 206 affordable multi- family units and the reconstruction of 495 affordable multi-family units. The city has also created the Veteran’s Minor Home Repair and Appliance Replacement Programs and continues to partner with lenders and builders in the community to provide down payment and cost assistance. c) Discuss how you have been successful in achieving past goals, and/or how you have fallen short of achieving those goals (including potentially harmful unintended consequences) Since 2012, the City of Corpus Christi, through the Housing and Community Development Department, has been successful in providing HOME funding and support to multi-family projects for both new construction and demolition/reconstruction. However, as overall funding has decreased, efforts have decreased each year. In particular, the city has been unable to implement an Affirmative Fair Housing Marketing Plan (AFMHP) due to funding cuts and a shift in priorities at the local government level. An AFMHP is a marketing strategy to help applicants (owners/agents) who participate in Federal Housing Agency subsidized and unsubsidized multi- family housing programs offer equal housing opportunities regardless of race, color, national origin, religion, sex, familial status, or disability to individuals of both minority and non-minority groups. Implementing an AMFMP would help create fair and open access to affordable housing and a centralized program for self-help initiatives. d) Discuss any additional policies, actions, or steps that you could take to achieve past goals, or mitigate the problems you have experienced The greatest obstacle to achieving fair housing and community development goals in Corpus Christi has been the availability of funds. Possible means for addressing this challenge include Morningside Research and Consulting, Inc. 31 City of Corpus Christi 2017 Assessment of Fair Housing leveraging existing funds through public-private partnerships and expanding collaboration among public, private, and non-profit organizations to better understand and prioritize the needs of the community. e) Discuss how the experience of program participants with past goals has influenced the selection of current goals. The experience gained through implementing the fair housing and community development goals described below has allowed the city to re-evaluate each goal and make necessary adjustments to better meet the needs of the community. Focus will remain on expanding the affordable housing stock; however, goals adopted for this Assessment of Fair Housing also place emphasis on housing mobility, access to public services and amenities, accessible housing, neighborhood revitalization, and resident involvement. The city adopted the following goals and recommendations in the most recent AI, ConPlan, and Annual Action Plan for the City of Corpus Christi. Each contains a summary of the progress made toward achieving these goals. 2012 AI RECOMMENDATIONS An update on each of the recommendations submitted to HUD by the City of Corpus Christi in 2012 is provided below. 1. The city should support the increased production of affordable housing through public private partnerships with developers and capacity building for nonprofits. The City of Corpus Christi, through the Housing and Community Development Department (HCD), has partnered with a nonprofit organization to demolish two apartment complexes that no longer meet minimum property standards and replace them with 247 Energy Star units for low- and very low-income families. These units will be energy efficient and lead to lower energy costs for these families. HCD has also partnered with a developer to invest in a new 60-unit apartment complex for low- and very low-income families. 2. The city should facilitate access to below market-rate units. According to the 2012 AI remedial actions, the city will facilitate communication between special needs service providers and affordable housing developers to ensure that home seekers with special needs have access to below market-rate units. The city will also partner with developers and nonprofit organizations to reduce the obstacles faced by persons with limited English proficiency, persons with disabilities, and elderly people in submitting applications for below market-rate units. The city continues to partner with nonprofit organizations and developers to provide access to below market-rate units for low- and very low-income families. Morningside Research and Consulting, Inc. 32 City of Corpus Christi 2017 Assessment of Fair Housing 3. The city should maintain a list of partner lenders. The City of Corpus Christi maintains a list of partner lenders including Nations Reliable Lending, Wells Fargo Mortgage, First Community Bank, New American Funding, Caliber Home Loans, Kleberg Bank, American Bank, Extraco Mortgage, First Community Mortgage, and Prosperity Bank. Through these partner lenders, buyers can access below market-rate loans and locally sponsored down payment and mortgage assistance programs. 4. The city should identify and seek additional sources of funds for affordable housing. The City of Corpus Christi maintains a Type A Fund, financed by a one-eighth cent sales tax and designated for economic development and job growth. This fund helps affordable housing programs provide low- to moderate-income residents with down payment and closing costs assistance. 5. The city should encourage private sector support for affordable housing initiatives. Through its AI remedial goals, the city encourages major employers and lenders to consider Employer- Assisted Housing (EAH) programs to provide greater access to fair housing for their employees. Benefits such as grants, forgivable loans, deferred or repayable loans, matched savings, and home buyer education help encourage affordable housing development and homeownership. 6. The city should increase fair housing education and outreach. The City of Corpus Christi, through the Human Relations Division, assists residents with fair housing education and outreach. The Human Relations Division holds several annual training functions to address issues related to fair housing and access for people with disabilities. In addition, the department conducts fair housing outreach through community-based events. 7. The city should target outreach and training toward housing industry organizations and general public. The City of Corpus Christi, through the Human Relations Division, carries out its mission to conduct and enforce a positive program of non-discrimination within the City of Corpus Christi. The department provides regular reports and recommendations to the City Council and others for the improvement of relationships within and among the diverse communities of Corpus Christi. As shown in Table III-2 in the Community Participation section of this report, in the last year the Human Relations Department has attended eight events for outreach to the general public and has led trainings for employees of the Corpus Christi Apartment Association and Prospera, a nonprofit developer of affordable housing. 8. The city should encourage fair housing enforcement agencies to target increase fair housing testing for multi-family properties. The City of Corpus Christi and Human Relations Department do not conduct fair housing testing. Morningside Research and Consulting, Inc. 33 City of Corpus Christi 2017 Assessment of Fair Housing 9. The city should apply for competitive and Non-Entitlement State and Federal funding and assistance from nonprofit intermediaries. The City of Corpus Christi continues to fund the Homebuyer Down Payment Assistance Program through its Type A Fund. The city also continues to search for additional funding resources to advance fair housing objectives. 10. The city should encourage bank and traditional lenders to offer products addressing the needs of households currently utilizing predatory lenders. The City of Corpus Christi encourages lending institutions to provide greater outreach to low-income and minority households through the use of “fresh start programs”. These programs enable residents with past financial deficiencies to reestablish their checking, saving, and credit accounts. The city also encourages appraisal industry representatives to perform comparability studies that reflect realistic values of homes built in low-income areas. 11. The city should provide language assistance to persons with limited English proficiency. The City of Corpus Christi continues to provide language assistance to persons with limited English proficiency. All city brochures and documents are available in Spanish and other languages upon request. 12. The city should continue to implement an Affirmative Fair Housing Marketing Plan (AFHMP) to create fair and open access to affordable housing. The City of Corpus Christi has not implemented an Affirmative Fair Housing Marketing Plan. Implementing an AMFMP would help create fair and open access to affordable housing and a centralized program for self-help initiatives 13. The city should continue to encourage recruitment of industry and job creation. The City of Corpus Christi continues to participate in plans that support economic development. Plan CC, Corpus Christi’s Comprehensive Plan is one such plan that creates a 20-year policy and strategic framework for the city. A new Downtown Revitalization Plan is scheduled for review by the City Council for approval. 14. The city should design and implement a centralized program of self-help initiatives. The City of Corpus Christi chose not to pursue this program due to funding cuts. Morningside Research and Consulting, Inc. 34 City of Corpus Christi 2017 Assessment of Fair Housing V. Fair Housing Analysis Morningside Research and Consulting, Inc. 35 City of Corpus Christi 2017 Assessment of Fair Housing V.A. DEMOGRAPHIC SUMMARY a) Describe demographic patterns in the jurisdiction and region, and describe trends over time (since 1990). U.S. Department of Housing and Urban Development (HUD) Table 1 shows the demographics of Corpus Christi based on the most recent data for the city. A majority (59.7 percent) of the Corpus Christi population is Hispanic, although Non-Hispanic White residents make up approximately one-third of the population. Black residents make up 3.9 percent of the population, Asian or Pacific Islander residents make up 1.8 percent of the population, and Native American, multi- racial, or other residents make up 1.3 percent of the population. The City of Corpus Christi has a higher proportion of Hispanic residents compared with the larger Corpus Christi region (Nueces and San Patricio counties). Corpus Christi residents from outside the United States are predominately from Mexico, and Mexican-American residents make up approximately 5.3 percent of the total Corpus Christi population. Other residents from outside the United States are from Asian countries such as the Philippines, India, Korea, Vietnam, and China; Latin American countries such as El Salvador and Honduras; and European countries such as Germany and England. This is comparable to the national origin of residents in the larger Corpus Christi region, although the city has a higher concentration of foreign-born residents. The most commonly spoken language of Corpus Christi residents with limited English proficiency is Spanish, with 28,859 Spanish-speaking residents representing 10.0 percent of the population. Corpus Christi has more females than males, and residents in the City of Corpus Christi are less likely to have a disability than in the broader Corpus Christi region. The city also has a higher proportion of families with children (44.9 percent) and residents aged 18-64 years (62.3 percent) than the region as a whole. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 1. Demographics Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number Percent1 Number Percent White, Non-Hispanic 101,655 33.31% 155,550 36.33% Black, Non-Hispanic 11,892 3.90% 13,338 3.12% Hispanic 182,183 59.69% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 5,562 1.82% 6,704 1.57% Native American, Non-Hispanic 799 0.26% 1,169 0.27% Two or More Races, Non- Hispanic 2,758 0.90% 3,720 0.87% Morningside Research and Consulting, Inc. 36 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region Other, Non-Hispanic 366 0.12% 473 0.11% National Origin #1 country of origin Mexico 15,247 5.30% Mexico 19,473 4.83% #2 country of origin Philippines 1,499 0.52% Philippines 1,625 0.40% #3 country of origin India 731 0.25% India 849 0.21% #4 country of origin Germany 589 0.20% Germany 725 0.18% #5 country of origin Korea 537 0.19% Vietnam 582 0.14% #6 country of origin El Salvador 460 0.16% Korea 563 0.14% #7 country of origin Vietnam 441 0.15% Canada 494 0.12% #8 country of origin China excl. Hong Kong & Taiwan 315 0.11% El Salvador 480 0.12% #9 country of origin Honduras 311 0.11% Honduras 383 0.10% #10 country of origin England 264 0.09% China excl. Hong Kong & Taiwan 325 0.08% Limited English Proficiency (LEP) Language #1 LEP Language Spanish 28,859 10.03% Spanish 40,449 10.03% #2 LEP Language Korean 365 0.13% Tagalog 389 0.10% #3 LEP Language Tagalog 344 0.12% Vietnamese 387 0.10% #4 LEP Language Chinese 302 0.11% Korean 377 0.09% #5 LEP Language Vietnamese 298 0.10% Chinese 313 0.08% #6 LEP Language German 179 0.06% German 195 0.05% #7 LEP Language Gujarati 90 0.03% Japanese 154 0.04% #8 LEP Language Other Asian Language 86 0.03% Arabic 120 0.03% #9 LEP Language Japanese 72 0.03% Laotian 120 0.03% #10 LEP Language Greek 68 0.02% Thai 106 0.03% Disability Type Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Sex Male 149,679 49.04% 210,686 49.20% Female 155,536 50.96% 217,499 50.80% Age Under 18 78,695 25.78% 111,053 25.94% 18-64 190,165 62.31% 262,256 61.25% 65+ 36,354 11.91% 54,876 12.82% Family Type Families with children 34,261 44.89% 47,666 43.83% Source: U.S. Census Bureau, 2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 All percentages represent the share of the total population within the jurisdiction or region, except family type, which represents the share of total families. Morningside Research and Consulting, Inc. 37 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 1 displays the location of Corpus Christi residents by race and ethnicity. Most Hispanic residents live on the western half of the city, predominately in the north-central area, and most Non-Hispanic White residents live on the eastern half of the city, predominately in the northeast bay area. HUD Map 1 Race/Ethnicity HUD Table 2 shows demographic trends in Corpus Christi and the region from 1990 to 2010. The data indicate that, although the total Corpus Christi population increased only slightly over this period, the city experienced considerable in-migration. This can be seen in HUD Table 2 by an increase in the foreign-born population from 13,617 residents in 1990 to 24,668 residents currently. This has corresponded with an increase in the Hispanic population from 130,213 residents to 182,183 residents. Since 1990, the representation of Hispanic residents in the Corpus Christi population has increased from 50.2 percent to 59.7 percent, partly because the Non- Hispanic White population decreased over the same period. Morningside Research and Consulting, Inc. 38 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 2. Demographic Trends Corpus Christi, Texas Corpus Christi, Texas Region 1990 2000 2010 1990 2000 2010 Race/Ethnicity Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent White, Non- Hispanic 114,355 44.05% 107,631 38.62% 101,655 33.31% 164,631 44.76% 165,492 41.03% 155,550 36.33% Black, Non- Hispanic 11,619 4.48% 13,031 4.68% 12,858 4.21% 13,047 3.55% 15,637 3.88% 14,581 3.41% Hispanic 130,213 50.16% 151,150 54.24% 182,183 59.69% 185,394 50.40% 212,674 52.73% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 1,970 0.76% 4,190 1.50% 6,499 2.13% 2,695 0.73% 5,557 1.38% 7,876 1.84% Native American, Non-Hispanic 733 0.28% 1,610 0.58% 1,523 0.50% 999 0.27% 2,480 0.61% 2,300 0.54% National Origin Foreign-born 13,617 5.25% 18,701 6.71% 22,728 7.45% 17,361 4.72% 23,996 5.95% 29,513 6.89% LEP Limited English Proficiency 35,789 13.79% 33,010 11.85% 31,646 10.37% 56,838 15.45% 48,651 12.06% 46,619 10.89% Sex Male 126,637 48.80% 136,346 48.93% 149,679 49.04% 180,255 49.01% 198,300 49.17% 210,686 49.20% Female 132,886 51.20% 142,311 51.07% 155,536 50.96% 187,512 50.99% 204,980 50.83% 217,499 50.80% Age Under 18 78,126 30.10% 80,688 28.96% 78,695 25.78% 112,064 30.47% 118,748 29.45% 111,053 25.94% 18-64 155,570 59.94% 166,990 59.93% 190,165 62.31% 217,339 59.10% 238,086 59.04% 262,256 61.25% 65+ 25,828 9.95% 30,978 11.12% 36,354 11.91% 38,364 10.43% 46,446 11.52% 54,876 12.82% Family Type Families with children 36,251 54.41% 22,307 49.92% 34,261 44.89% 50,925 53.71% 34,600 50.10% 47,666 43.83% Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. The overall population of Corpus Christi also became older over this period. Families with children decreased from 54.4 percent of the population in 1990 to 44.9 percent of the population in 2010. This corresponded with a decrease in the number of residents under age 18 from 30.1 percent of the population in 1990 to 25.8 percent of the population currently. The change in age group proportions in Corpus Christi over this period corresponded to similar changes in the larger region. HUD Maps 2.1, 2.2, and 2.3 show the residential patterns of Corpus Christi residents from 1990 to 2010. Located on the Gulf of Mexico, Corpus Christi has a population that lives mostly in the coastal areas. In 1990, most of the population of Corpus Christi lived in the north-central area of the city. By 2000, more residents had begun to live on the outskirts of the city, particularly in the southeast and northwest areas. By 2010, the population had become more dispersed across the city, with a higher concentration of residents living on the portion of North Padre Island located within City Council District 4. Morningside Research and Consulting, Inc. 39 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.1 Race/Ethnicity Trends, 1990 HUD Map 2.2 Race/Ethnicity Trends, 2000 Morningside Research and Consulting, Inc. 40 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends, 2010 Morningside Research and Consulting, Inc. 41 City of Corpus Christi 2017 Assessment of Fair Housing V.B.I. SEGREGATION/INTEGRATION ANALYSIS a) Describe and compare segregation levels in the jurisdiction and region. Identify the racial/ethnic groups that experience the highest levels of segregation. According to the U.S. Department of Housing and Urban Development (HUD), the dissimilarity index is calculated by comparing the population differences of racial or ethnic groups across individual census tracts with the population differences of racial or ethnic groups in the jurisdiction.3 HUD Table 3 shows the dissimilarity index across different racial and ethnic groups in Corpus Christi. Values on the index below 40.0 indicate low segregation, values between 40.0 and 54.0 indicate moderate segregation, and values above 55.0 indicate a high level of segregation. The most recent data in HUD Table 3 indicate that in Corpus Christi, the highest level of segregation is between Black and Non-Hispanic White residents, followed by segregation between Hispanic and Non-Hispanic White residents. Both of these comparisons meet the threshold for moderate segregation. The lowest level of segregation in Corpus Christi is between Asian or Pacific Islander residents and Non-Hispanic White residents. Compared with the larger Corpus Christi region (Nueces and San Patricio counties), the Corpus Christi jurisdiction is currently less segregated across all racial and ethnic groups. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 3. Racial/Ethnic Dissimilarity Trends Corpus Christi, Texas Corpus Christi, Texas Region Racial/Ethnic Dissimilarity Index 1990 Trend 2000 Trend 2010 Trend Current 1990 Trend 2000 Trend 2010 Trend Current Non-White/White 44.27 40.75 37.49 39.18 47.09 43.98 40.35 42.31 Black/White 57.92 46.54 42.81 44.08 55.74 43.97 43.29 48.80 Hispanic/White 44.75 42.42 39.25 40.66 47.93 46.11 42.21 43.76 Asian or Pacific Islander/White 33.60 30.23 33.70 38.30 38.82 32.14 33.64 40.65 Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 3 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 13. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed January 2017. Morningside Research and Consulting, Inc. 42 City of Corpus Christi 2017 Assessment of Fair Housing b) Identify areas in the jurisdiction and region with relatively high segregation and integration by race/ethnicity, national origin, or LEP group, and indicate the predominant groups living in each area. The areas in Corpus Christi with relatively high segregation are the west-central area, the northeast bay, and on the portion of North Padre Island located within City Council District 4. The west-central area (around Corpus Christi International Airport) is predominately Hispanic and includes many residents from Mexico and many Spanish-speaking residents, as shown in HUD Maps 3 and 4. The northeast bay and the portion of North Padre Island located within City Council District 4 are predominately Non-Hispanic White and include some residents from Germany, as shown in HUD Map 3. The areas in Corpus Christi with relatively high integration are the northwest and southeast areas of the city. These areas have a diverse mix of Non-Hispanic White, Hispanic, and Black residents. HUD Map 3 shows that these areas include residents from the Philippines, living mostly in the southeast of the city, residents from India, living mostly south of the center of the city, and residents from Korea, also living south of the center of the city. Residents in these areas who have limited English proficiency speak Spanish or Asian language such as Korean, Tagalog, Chinese, and Vietnamese, and they live mostly in the southeast area. HUD Map 1 Race/Ethnicity Morningside Research and Consulting, Inc. 43 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 3 National Origin HUD Map 4 Limited English Proficiency c) Explain how these segregation levels and patterns in the jurisdiction and region have changed over time (since 1990). As shown in HUD Table 3 above, segregation between Black and Non-Hispanic White residents was high in 1990 in Corpus Christi, with a dissimilarity index near the threshold for high segregation in both the city and the larger region. Although the dissimilarity index between these groups has decreased considerably since 1990, it remains above the threshold for moderate segregation. Morningside Research and Consulting, Inc. 44 City of Corpus Christi 2017 Assessment of Fair Housing Segregation between Hispanic and Non-Hispanic White residents decreased from 1990 to 2010 in the city and region. In the city, the dissimilarity index met the threshold of moderate segregation in 1990 and 2000 but decreased to low segregation in 2010. It has since increased back to moderate segregation. Segregation between Asian or Pacific Islander and Non-Hispanic White residents decreased from 1990 to 2000 but increased after 2000 in both Corpus Christi and the larger Corpus Christi region. d) Consider and describe the location of owner and renter occupied housing in the jurisdiction and region in determining whether such housing is located in segregated or integrated areas, and describe trends over time. HUD Map 16 shows the percentage of homeowners in each area of Corpus Christi. The highest concentrations of homeowners are in the west-central, central, and southeast areas of the city. The west-central and central areas are relatively segregated and include mostly Hispanic residents, while the southeast part of the city is relatively integrated, including Non-Hispanic White, Hispanic, and Black residents. The areas with the highest concentration of renters (the lowest percentage of homeowners) are the north-central area and the northeast corner of the city, both of which are relatively segregated. The north-central area, which includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) on HUD maps, has mostly Hispanic residents, while the northeast corner of the city has mostly Non-Hispanic White residents. HUD Map 16 Housing Tenure by Owners Morningside Research and Consulting, Inc. 45 City of Corpus Christi 2017 Assessment of Fair Housing e) Discuss whether there are any demographic trends, policies, or practices that could lead to higher segregation in the jurisdiction in the future. Participants should focus on patterns that affect the jurisdiction and region rather than creating an inventory of local laws, policies, or practices. In-migration into Corpus Christi has increased since 1990. This can be seen in HUD Table 2 by an increase in the foreign-born population from 13,617 residents in 1990 to 22,728 residents in 2010. This corresponds with an increase in the Hispanic population from 130,213 residents to 182,183 residents. Since 1990, Hispanic residents as a percentage of the Corpus Christi population has increased from 50.2 to 59.7 percent, partly because the Non-Hispanic White population decreased over the same period. HUD Table 2. Demographic Trends Corpus Christi, Texas Corpus Christi, Texas Region 1990 2000 2010 1990 2000 2010 Race/Ethnicity Number Percent Number Percent Number Percent Number Percent Number Percent Number Percent White, Non- Hispanic 114,355 44.05% 107,631 38.62% 101,655 33.31% 164,631 44.76% 165,492 41.03% 155,550 36.33% Black, Non- Hispanic 11,619 4.48% 13,031 4.68% 12,858 4.21% 13,047 3.55% 15,637 3.88% 14,581 3.41% Hispanic 130,213 50.16% 151,150 54.24% 182,183 59.69% 185,394 50.40% 212,674 52.73% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 1,970 0.76% 4,190 1.50% 6,499 2.13% 2,695 0.73% 5,557 1.38% 7,876 1.84% Native American, Non-Hispanic 733 0.28% 1,610 0.58% 1,523 0.50% 999 0.27% 2,480 0.61% 2,300 0.54% National Origin Foreign-born 13,617 5.25% 18,701 6.71% 22,728 7.45% 17,361 4.72% 23,996 5.95% 29,513 6.89% LEP Limited English Proficiency 35,789 13.79% 33,010 11.85% 31,646 10.37% 56,838 15.45% 48,651 12.06% 46,619 10.89% Sex Male 126,637 48.80% 136,346 48.93% 149,679 49.04% 180,255 49.01% 198,300 49.17% 210,686 49.20% Female 132,886 51.20% 142,311 51.07% 155,536 50.96% 187,512 50.99% 204,980 50.83% 217,499 50.80% Age Under 18 78,126 30.10% 80,688 28.96% 78,695 25.78% 112,064 30.47% 118,748 29.45% 111,053 25.94% 18-64 155,570 59.94% 166,990 59.93% 190,165 62.31% 217,339 59.10% 238,086 59.04% 262,256 61.25% 65+ 25,828 9.95% 30,978 11.12% 36,354 11.91% 38,364 10.43% 46,446 11.52% 54,876 12.82% Family Type Families with children 36,251 54.41% 22,307 49.92% 34,261 44.89% 50,925 53.71% 34,600 50.10% 47,666 43.83% Source: U.S. Census Bureau, 1990-2010, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Maps 2.1, 2.2, and 2.3 below show the residential patterns of racial and ethnic groups over this time period. In 1990, most Hispanic residents lived in the center of the city (between State Highway 358 and 286), and most Non-Hispanic White residents lived in the northeast of the city Morningside Research and Consulting, Inc. 46 City of Corpus Christi 2017 Assessment of Fair Housing (east of State Highway 286 and north of Saratoga Boulevard). By 2000, more Hispanic residents were living in the northwest and eastern areas of the city, and more Non-Hispanic White residents were living on the portion of North Padre Island located in City Council District 4. By 2010, the population was relatively integrated, although Hispanic residents continued to live mostly in the center of the city, and Non-Hispanic White residents continued to live mostly along the coast. As shown in HUD Table 2 above, the total population of Hispanic residents in Corpus Christi increased over this period while the total population of Non-Hispanic White residents decreased, suggesting that the gradual integration of these groups was driven by net in-migration of Hispanic residents into the city rather than changes in where residents live. HUD Map 2.1 Race/Ethnicity Trends, 1990 HUD Map 2.2 Race/Ethnicity Trends, 2000 Morningside Research and Consulting, Inc. 47 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends, 2010 ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about segregation in the jurisdiction and region affecting groups with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of segregation, including activities such as place-based investments and geographic mobility options for protected class groups. Segregation in Corpus Christi has its roots in housing and education policies from the Jim Crow era. In 1970, the U.S. Supreme Court case Cisneros v. Corpus Christi Independent School District became the first case to extend the ruling of Brown v. Board of Education to Mexican Americans.4 Plaintiffs in the case asserted that the dual school system in Corpus Christi represent de jure segregation for Mexican American and African American students.5 Following this case, the Corpus Christi Independent School District implemented a court-mandated busing program to integrate its schools. Due to the controversial nature of the busing, the district later ended this program.6 4 “Ciscneros v. Corpus Christi ISD.” TSHAOnline.org. Texas State Historical Association, 2017. Web. https://tshaonline.org/handbook/online/articles/jrc02. Accessed September 19, 2017. 5 “Ciscneros v. Corpus Christi Independent School District.” Law.justia.com. Justia, n.d. Web. http://law.justia.com/cases/federal/district- courts/FSupp/330/1377/2126406/. Accessed September 19, 2017. 6 Trevino, John Albert. “Cisneros v. CCISD.” Eric.ed.gov. Education Resources Information Center, n.d. Web. https://eric.ed.gov/?id=ED519727. Accessed September 19, 2017. Morningside Research and Consulting, Inc. 48 City of Corpus Christi 2017 Assessment of Fair Housing The Hillcrest and Washington-Coles neighborhood, located in north-central Corpus Christi, also have a “deep history of segregation, isolation and decline” according to the Texas Low Income Housing Information Service. These neighborhoods were designated for Black residents during Jim Crow segregation and have since experienced environmental and economic neglect from both the city and nearby industry, according to stakeholders. Geographic mobility in Corpus Christi can be limited due to source of income discrimination. To help address this, the Corpus Christi Housing Authority (CCHA) is working to implement monthly classes on financial literacy and other topics in order to prepare residents receiving housing choice vouchers to enter the rental market. Once implemented, this program will provide residents with the opportunity to obtain a certification of their financial literacy that they can present to potential landlords. This may allow residents in segregated areas to find housing in other parts of the city. CONTRIBUTING FACTORS OF SEGREGATION Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of segregation.  Community opposition  Displacement of residents due to economic pressures  Lack of community revitalization strategies  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Lack of regional cooperation  Land use and zoning laws  Lending discrimination  Location and type of affordable housing  Loss of Affordable Housing  Occupancy codes and restrictions  Private discrimination  Source of income discrimination  Other The following are contributing factors to segregation in Corpus Christi listed in priority order. LOCATION AND TYPE OF AFFORDABLE HOUSING Affordable housing in Corpus Christi is not evenly distributed throughout the city, and one stakeholder notes that half of all public housing units are concentrated in Census tract 15. Stakeholders also note that the affordable housing that is being built is not available at a full range of prices, with most units around $160,000 and few in the $100,000 to $120,000 range. Morningside Research and Consulting, Inc. 49 City of Corpus Christi 2017 Assessment of Fair Housing Because affordable units are not available in the northwestern Calallen area and the south side, these areas are unable to offer a diverse range of housing options, which can contribute to segregation. LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES OR AMENITIES Stakeholders say that services and amenities, including proficient public schools, are often concentrated on the south side of Corpus Christi, while many jobs are concentrated near refineries in the north and northwest. Although the city has some public transportation, stakeholders say it would be difficult for residents who work these jobs to live on the south side and commute north. As a result, many residents are compelled to live close to their place of employment in the north and northwest, with few services and amenities. These areas are mostly home to Hispanic and African American residents. LACK OF COMMUNITY REVITALIZATION STRATEGIES Stakeholders note that most development in Corpus Christi is occurring on the south side and the west side, rather than in areas with dilapidated homes like the north side and southeast. Some stakeholders also believe that lax enforcement of housing codes leads to a deteriorating housing stock, although they do note that stricter regulations would likely place a disproportionate burden on low-income households. Despite these problems, the city has few strategies for revitalization in R/ECAPs and other areas in the north of the city. Stakeholders believe the previous Analysis of Impediments (AI) for Corpus Christi and CCHA both downplayed the existence of racial and ethnic housing segregation. DISPLACEMENT OF RESIDENTS DUE TO ECONOMIC PRESSURES Corpus Christi is located near many oil refineries, several of which are along the northern coast. Although the refineries are an important part of the city’s economy, they also create an industrial environment that can make nearby residential areas undesirable. Over time, this has made residents with the means to move elsewhere unwilling to live in these industrialized areas on the northern coast. Because these areas are near historically segregated neighborhoods such as the Hillcrest/Washington-Coles community, this displacement has further contributed to patterns of segregation. PRIVATE DISCRIMINATION While not statistically significant, the number of comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe Morningside Research and Consulting, Inc. 50 City of Corpus Christi 2017 Assessment of Fair Housing that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. SOURCE OF INCOME DISCRIMINATION Texas bill S.B. 267 was signed by Governor Greg Abbott on June 19, 2015 and became effective September 1, 2015. The bill states: “[A] municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person ’s lawful source of income to pay rent includes funding from a federal housing assistance program.” The passage of this bill means that Texas property owners can turn down potential applicants for a lease if the applicants are using Section 8 vouchers. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. This law was shown to have an influence on segregation in Corpus Christi after the demolition of the D.N. Leathers public housing complex. Residents who were given vouchers after the demolition of D.N. Leathers were told that they could move to other apartment complexes, but they reported trouble in actually finding landlords who would accept these vouchers. According to stakeholders, the list they were provided was also not updated. Residents incur application fees at every complex where they submit an application before they know if the landlord will accept the vouchers. COMMUNITY OPPOSITION According to stakeholders, community opposition is a major factor in continuing trends of segregation in Corpus Christi. Stakeholders believe that because members of the community are not knowledgeable about affordable housing, they do not understand the benefits to the city of having a variety of housing options, and assume affordable units are low quality. According to stakeholders, this leads many residents in areas such as the south side and northwest to adopt a “Not in My Backyard” (NIMBY) attitude that deters developers from building affordable units in Morningside Research and Consulting, Inc. 51 City of Corpus Christi 2017 Assessment of Fair Housing new, more integrated locations. As a result, most affordable housing remains in the north-central area of the city, a relatively segregated area with mostly Hispanic residents. Community opposition can further perpetuate this segregation, as the inability to develop new affordable housing in all areas of the city limits the geographic mobility of residents in segregated areas. Morningside Research and Consulting, Inc. 52 City of Corpus Christi 2017 Assessment of Fair Housing V.B.II. RACIALLY OR ETHNICALLY CONCENTRATED AREAS OF POVERTY (R/ECAPS) ANALYSIS a) Identify any R/ECAPs or groupings of R/ECAP tracts within the jurisdiction and region. The U.S. Department of Housing and Urban Development (HUD) defines a racially or ethnically concentrated area of poverty (R/ECAP) as an area that has a majority Non-White population and a poverty rate that is either above 40 percent or three times the regional average.7 HUD Map 1, provided below, shows the location of the seven census tracts that are R/ECAPs in the City of Corpus Christi, which are the only R/ECAPs in the Corpus Christi region (Nueces and San Patricio counties). These are tracts 5, 9, 10, 11, 12, and 15 (located in the center of the city north of Horne Road and east of Airport Road) and tract 33.05 (located around Glen Arbor Park between Holly Road, Padre Island Drive, Staples Street, and Airline Road). Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Map 1 Race/Ethnicity 7 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 10. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed February 2017. Morningside Research and Consulting, Inc. 53 City of Corpus Christi 2017 Assessment of Fair Housing b) Describe and identify the predominant protected classes residing in R/ECAPs in the jurisdiction and region. How do these demographics of the R/ECAPs compare with the demographics of the jurisdiction and region? HUD Table 1 shows the demographics of the City of Corpus Christi and the region, and HUD Table 4 shows the demographics of the seven R/ECAPs. These data indicate that the R/ECAPs have a much higher proportion of Hispanic residents (80.0 percent) than in the City of Corpus Christi (59.7 percent) and the region as a whole (57.7 percent). The R/ECAPs also have a higher percentage of Black residents (6.1 percent) than in the city (3.9 percent) and the region (3.1 percent). On the basis of national origin, HUD Table 4 also shows that many residents in the R/ECAPs are from Mexico, with smaller percentages from India, Italy, and Canada. The percentage of families with children in the R/ECAPs (50.3 percent) is higher than the percentage in the City of Corpus Christi (44.9 percent) and in the region as a whole (43.8 percent). HUD Table 1. Demographics Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number Percent Number Percent White, Non-Hispanic 101,655 33.31% 155,550 36.33% Black, Non-Hispanic 11,892 3.90% 13,338 3.12% Hispanic 182,183 59.69% 247,231 57.74% Asian or Pacific Islander, Non- Hispanic 5,562 1.82% 6,704 1.57% Native American, Non-Hispanic 799 0.26% 1,169 0.27% Two or More Races, Non- Hispanic 2,758 0.90% 3,720 0.87% Other, Non-Hispanic 366 0.12% 473 0.11% National Origin #1 country of origin Mexico 15,247 5.30% Mexico 19,473 4.83% #2 country of origin Philippines 1,499 0.52% Philippines 1,625 0.40% #3 country of origin India 731 0.25% India 849 0.21% #4 country of origin Germany 589 0.20% Germany 725 0.18% #5 country of origin Korea 537 0.19% Vietnam 582 0.14% #6 country of origin El Salvador 460 0.16% Korea 563 0.14% #7 country of origin Vietnam 441 0.15% Canada 494 0.12% #8 country of origin China excl. Hong Kong & Taiwan 315 0.11% El Salvador 480 0.12% #9 country of origin Honduras 311 0.11% Honduras 383 0.10% #10 country of origin England 264 0.09% China excl. Hong Kong & Taiwan 325 0.08% Limited English Proficiency (LEP) Language #1 LEP Language Spanish 28,859 10.03% Spanish 40,449 10.03% #2 LEP Language Korean 365 0.13% Tagalog 389 0.10% #3 LEP Language Tagalog 344 0.12% Vietnamese 387 0.10% #4 LEP Language Chinese 302 0.11% Korean 377 0.09% Morningside Research and Consulting, Inc. 54 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region #5 LEP Language Vietnamese 298 0.10% Chinese 313 0.08% #6 LEP Language German 179 0.06% German 195 0.05% #7 LEP Language Gujarati 90 0.03% Japanese 154 0.04% #8 LEP Language Other Asian Language 86 0.03% Arabic 120 0.03% #9 LEP Language Japanese 72 0.03% Laotian 120 0.03% #10 LEP Language Greek 68 0.02% Thai 106 0.03% Disability Type Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Sex Male 149,679 49.04% 210,686 49.20% Female 155,536 50.96% 217,499 50.80% Age Under 18 78,695 25.78% 111,053 25.94% 18-64 190,165 62.31% 262,256 61.25% 65+ 36,354 11.91% 54,876 12.82% Family Type Families with children 34,261 44.89% 47,666 43.83% Source: U.S Census Bureau, 2010, as retrieved from the HUD AFFH Data and Mapping Tool. HUD Table 4. R/ECAP Demographics Corpus Christi, Texas Corpus Christi, Texas Region R/ECAP Race/Ethnicity Number Percent Number Percent Total Population in R/ECAPs 24,973 - 24,973 - White, Non-Hispanic 3,135 12.55% 3,135 12.55% Black, Non-Hispanic 1,510 6.05% 1,510 6.05% Hispanic 19,982 80.01% 19,982 80.01% Asian or Pacific Islander, Non-Hispanic 127 0.51% 127 0.51% Native American, Non- Hispanic 78 0.31% 78 0.31% Other, Non-Hispanic 17 0.07% 17 0.07% R/ECAP Family Type Total Families in R/ECAPs 5,650 - 5,650 - Families with children 2,841 50.28% 2,841 50.28% Morningside Research and Consulting, Inc. 55 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Corpus Christi, Texas Region R/ECAP National Origin Total Population in R/ECAPs 24,973 - 24,973 - #1 country of origin Mexico 2,414 9.67% Mexico 2,414 9.67% #2 country of origin India 107 0.43% India 107 0.43% #3 country of origin Italy 45 0.18% Italy 45 0.18% #4 country of origin Canada 30 0.12% Canada 30 0.12% #5 country of origin Germany 23 0.09% Germany 23 0.09% #6 country of origin Japan 20 0.08% Japan 20 0.08% #7 country of origin Honduras 18 0.07% Honduras 18 0.07% #8 country of origin El Salvador 16 0.06% El Salvador 16 0.06% #9 country of origin Pakistan 13 0.05% Pakistan 13 0.05% #10 country of origin Philippines 11 0.04% Philippines 11 0.04% Sources: U.S Census Bureau 2010 Census and American Community Survey, as retrieved from the HUD AFFH Data and Mapping Tool. c) Describe how R/ECAPs have changed over time in the jurisdiction and region (since 1990). HUD Maps 2.1, 2.2, and 2.3 show the location of R/ECAPs in the City of Corpus Christi and the Corpus Christi region from 1990 to 2010. As seen in HUD Map 2.1, the region had six R/ECAPs in 1990 (tracts 5, 9, 10, 11, 12, and 15), all in central Corpus Christi. By 2000, only four of these areas (tracts 5, 10, 11, and 15) were R/ECAPs, as shown in HUD Map 2.2. In 2010, as shown in Map 2.3, not only did the region again have six R/ECAPs in central Corpus Christi (tracts 6, 10, 11, 12, 15, and 64), but it also had four more R/ECAPs: One on the eastern coast of Corpus Christi near the Texas A&M University–Corpus Christi campus (tract 27.06), one in east-central Corpus Christi around Glen Arbor Park (tract 33.05), one in south-central Corpus Christi stretching outside of city limits (tract 8), and one in the nearby city of Robstown (tract 56.02). HUD data indicate that all of these areas have high concentrations of Hispanic residents, and areas in north-central Corpus Christi have disproportionately high concentrations of Black residents. According to HUD data, the R/ECAPs that have persisted since 1990 are tracts 10, 11, and 15, all of which are located in north-central Corpus Christi. Tracts 10 and 15, located along State Highway 286 between Horne Road and Laredo Street, both have populations that are more than 89.0 percent Hispanic. Tract 11, located near Interstate 37 just south of the Hillcrest and Washington Coles neighborhoods, has a population that is 77.3 percent Hispanic and 9.0 percent Black. Morningside Research and Consulting, Inc. 56 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.1 Race/Ethnicity Trends in the Region, 1990 HUD Map 2.2 Race/Ethnicity Trends in the Region, 2000 Morningside Research and Consulting, Inc. 57 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 2.3 Race/Ethnicity Trends in the Region, 2010 ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about R/ECAPs in the jurisdiction and region affecting groups with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of R/ECAPs, including activities such as place-based investments and geographic mobility options for protected class groups. In 2015, residents of the Hillcrest and Washington-Coles neighborhoods filed a Title VI civil rights complaint with the Federal Highway Administration over the disparate racial impact of a proposed state highway project. Located in north-central Corpus Christi, these neighborhoods align with current R/ECAPs on HUD maps and have been the home of Black residents since the segregation of the Jim Crow era. The plaintiffs complained that the new highway proposal would create a barrier to the east that would isolate residents and increase the already-dangerous levels of pollution in the area.8 As a result, the Texas Department of Transportation, City of Corpus Christi, the Port Authority, and the Corpus Christi Housing Authority agreed to implement mitigation efforts, including voluntary relocation for more than 500 households, moving cost assistance, financial assistance for neighborhood churches and small businesses, improvements to the Dr. H.J. Williams Memorial Park in Hillcrest, and a new historic park in Washington-Coles. 8Livesley-O’Neill, Will. “Justice in Corpus Christi: Residents of segregated neighborhood win historic civil rights agreement.” Texashousers.net. Texas Low Income Housing Information Service, 2015. Web. https://texashousers.net/2015/12/28/justice-in-corpus-christi-residents-of-segregated-neighborhood-win-historic-civil- rights-agreement/. Accessed September 19, 2017. Morningside Research and Consulting, Inc. 58 City of Corpus Christi 2017 Assessment of Fair Housing CONTRIBUTING FACTORS OF R/ECAPS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of R/ECAPs.  Community opposition  Deteriorated and abandoned properties  Displacement of residents due to economic pressures  Lack of community revitalization strategies  Lack of local or regional cooperation  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Land use and zoning laws  Location and type of affordable housing  Loss of Affordable Housing  Occupancy codes and restrictions  Private discrimination  Source of income discrimination  Other The following are contributing factors to R/ECAPs in Corpus Christi listed in priority order. LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES OR AMENITIES Stakeholders mention that the city does not provide sufficient attention to the Washington-Coles and Hillcrest neighborhoods, designed as R/ECAPs on HUD maps. For example, during the initial proposal for the Harbor Bridge, no residents from Washington-Coles and Hillcrest were consulted, despite the fact that the proposed bridge would have cut through their neighborhoods. Residents in these neighborhoods also have limited access to good schools, as shown in the Disparities in Access to Opportunity chapter, and stakeholders say the city does not make a deliberate effort to counteract this disparity. The mitigation agreement in place between the Texas Department of Transportation (TxDOT) and the Federal Highway Administration (FHWA) attempts to address the impact of the Harbor Bridge project through a voluntary relocation program. LACK OF PRIVATE INVESTMENTS IN SPECIFIC NEIGHBORHOODS Since many R/ECAPs are near industrial areas of the city, residents in R/ECAPs can be influenced by the operations of private companies. For example, when an asphalt leak from the company Ergon Asphalt & Emulsions triggered a ban on the Corpus Christi water supply, residents near Morningside Research and Consulting, Inc. 59 City of Corpus Christi 2017 Assessment of Fair Housing industrial areas were told to refrain from using tap water for a longer period than other residents.9 Stakeholders believe that these companies could be more responsible in taking accountability for their actions, both in terms of environmental and economic consequences. SOURCE OF INCOME DISCRIMINATION Residents who were given vouchers after the demolition of the D.N. Leathers public housing complex in the Hillcrest neighborhood reported difficulty finding landlords who would accept their vouchers, often because of source of income discrimination. Moreover, even at developments that did accept vouchers, residents faced other financial restrictions, such as requirements that the tenant earn 2.5 times the market rent.10 Because of this, many must remain in the Washington-Coles and Hillcrest neighborhoods, which are noted as R/ECAPs on HUD maps. PRIVATE DISCRIMINATION While not statistically significant, comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. DETERIORATED OR ABANDONED PROPERTIES According to stakeholders, neighborhoods in the north and the southeast areas of the city that represent R/ECAPs are often home to low-quality, dilapidated properties. These include the Hillcrest and Washington-Coles neighborhoods, which are the historical homes of African American residents and are falling into disrepair. This is only exacerbated by the nearby industries and oil refineries on the north shore, which can produce air pollution that make the areas undesirable. 9 “Corpus Christi Water Backflow Announcement and Map.” Tceq.texas.gov. Texas Commission on Environmental Quality, 2016. Web. https://www.tceq.texas.gov/assets/public/response/corpus-christi-water-backflow-announcement-and-map-121616.pdf. Accessed September 12, 2017. 10 Gaines, Erin and Peter McGraw. “Re: Comments regarding D.N. Leathers I Demolition/Disposition Application.” Email message to Darryl McGee and Gustavo Velasquez. May 6, 2016. Morningside Research and Consulting, Inc. 60 City of Corpus Christi 2017 Assessment of Fair Housing V.B.III. DISPARITIES IN ACCESS TO OPPORTUNITY INTRODUCTION The disparities in access to opportunity section of the Assessment of Fair Housing (AFH) expands the fair housing analysis beyond housing to examine conditions that affect economic opportunity more broadly. This section of the AFH examines access to opportunity in education, employment, transportation, low poverty environments, and environmentally healthy neighborhoods based on race and ethnicity, national origin, and family status. U.S. Department of Housing and Urban Development (HUD) maps and tables are available through the Affirmatively Furthering Fair Housing (AFFH) data and mapping tool and are based on data from the Decennial U.S. Census, American Community Survey (ACS), Great Schools, Common Core of Data, School Attendance Boundary Information System (SABINS), Location Affordability Index (LAI), Longitudinal Employer-Household Dynamics (LEHD), and National Air Toxics Assessment (NATA). Additional data sources include Census Transportation Planning Products data from the Federal Highway Administration, local governments, and transit authorities. INDICES DEFINITIONS HUD has developed a series of indices to help inform communities about segregation in their jurisdiction and region, as well as about disparities in access to opportunity. In general, higher values of each index can be interpreted as greater access to opportunity. A description of the methodology for each of the indices may be found below: LOW POVERTY INDEX. The low poverty index captures poverty in a given neighborhood. The index is based on the poverty rate. Values are inverted and ranked nationally to obtain percentiles. The resulting values range from 0 to 100, the higher the value, the less exposure to poverty in a neighborhood. Data Source: American Community Survey, 2009-2013 Related Template Tables/Maps: Table 12; Map 12 S CHOOL PROFICIENCY INDEX. The school proficiency index uses school-level data on the performance of 4th grade students on state exams to describe which neighborhoods have high- performing elementary schools nearby and which are near lower performing elementary schools. Values are ranked nationally to obtain percentiles and range from 0 to 100. The higher the value, the higher the school system quality is in a neighborhood. Data Source: Great Schools (proficiency data, 2013-14 or more recent); Common Core of Data (school addresses and enrollment, 2013-14); SABINS (attendance boundaries, 2016). Related Template Tables/Maps: Table 12; Map 7 Morningside Research and Consulting, Inc. 61 City of Corpus Christi 2017 Assessment of Fair Housing LABOR MARKET ENGAGEMENT INDEX. The labor market engagement index provides a summary description of the relative intensity of labor market engagement in a neighborhood. This is based upon the level of employment, labor force participation, and educational attainment in a census tract. Values are ranked as national percentiles and range from 0 to 100. The higher the value of this index, the higher the labor force participation in a neighborhood. Data Source: American Community Survey, 2008-2012 Related Template Tables/Maps: Table 12; Map 9 T RANSIT TRIPS INDEX. The transit trips index is based on estimates of transit trips taken by a family that meets the following description: a three-person single-parent family with income at 50 percent of the median income for renters for the region, where region is defined as the Core- Based Statistical Area (CBSA). The estimates come from the LAI. Values are ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the transit trips index, the more likely residents in that neighborhood utilize public transit. The index controls for income, so a higher value will often reflect better access to public transit. Data Source: Location Affordability Index (LAI) data, 2008-2012 Related Template Tables/Maps: Table 12; Map 10 LOW TRANSPORTATION COST INDEX. The low transportation cost index is based on estimates of transportation costs for a three-person single-parent family with income at 50 percent of the median income for renters for the region (the CBSA). The estimates come from the LAI. Values are inverted and ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the index score, the lower the cost of transportation in that neighborhood. Transportation costs may be low for a range of reasons, including greater access to public transportation and higher density of homes, services, and jobs in the neighborhood and surrounding community. Data Source: Location Affordability Index (LAI) data, 2008-2012 Related Template Tables/Maps: Table 12; Map 11 J OBS P ROXIMITY I NDEX. The jobs proximity index quantifies the accessibility of a given residential neighborhood as a function of its distance to all job locations within a CBSA, with larger employment centers weighted more heavily. Values are ranked nationally to obtain percentiles with values ranging from 0 to 100. The higher the value, the better the access to employment opportunities for residents in a neighborhood. Data Source: Longitudinal Employer-Household Dynamics (LEHD) data, 2014 Related Template Tables/Maps: Table 12; Map 8 Morningside Research and Consulting, Inc. 62 City of Corpus Christi 2017 Assessment of Fair Housing E NVIRONMENTAL HEALTH INDEX. The environmental health index summarizes potential exposure to harmful toxins at a neighborhood level. The index is a linear combination of standardized EPA estimates of air quality carcinogenic, respiratory, and neurological hazards. Values are inverted and ranked nationally to obtain percentiles, with values ranging from 0 to 100. The higher the index value, the less exposure to toxins harmful to human health and the better the environmental quality of a neighborhood, where a neighborhood is defined as a census block- group. Data Source: National Air Toxics Assessment (NATA) data, 2011 Related Template Tables/Maps: Table 12; Map 13 M ISSING DATA. Index scores for some census tracts are not computed. In some cases, missing data prohibits drawing firm conclusions about disparities in access. S UPPLEMENTARY DATA. In addition to the HUD access to opportunity indices and associated maps, supplementary data and maps are included from a number of sources. A major source of supplementary data is the 2011-2015 ACS. ANALYSIS HUD Table 12, provided below, displays the aforementioned opportunity indices across various racial or ethnic groups and for households below and above the federal poverty line, in the city of Corpus Christi and the region as whole. The Corpus Christi region consists of Nueces and San Patricio counties. Frequent reference to this table is made in the analysis that follows. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 12. Opportunity Indicators, by Race/Ethnicity Corpus Christi, Texas Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmental Health Index Total Population White, Non-Hispanic 51.51 61.05 57.34 50.32 33.55 47.02 85.70 Black, Non-Hispanic 35.68 43.36 37.99 56.81 41.22 50.32 75.65 Hispanic 36.26 41.82 39.97 54.95 38.78 49.36 80.09 Asian or Pacific Islander, Non- Hispanic 61.55 70.60 64.98 51.28 33.31 42.33 90.40 Native American, Non- Hispanic 42.44 53.19 48.76 53.49 36.93 47.69 83.67 Population below federal poverty line White, Non-Hispanic 36.37 54.52 46.52 51.50 36.42 50.55 82.39 Black, Non-Hispanic 21.33 33.23 29.23 58.63 43.57 53.73 73.25 Hispanic 24.98 34.04 32.64 57.72 41.50 52.59 77.86 Asian or Pacific Islander, Non- Hispanic 44.34 60.24 61.68 58.12 45.21 53.54 89.40 Morningside Research and Consulting, Inc. 63 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmental Health Index Native American, Non- Hispanic 23.38 46.30 36.88 62.27 47.92 46.82 88.02 Corpus Christi, Texas Region Total Population White, Non-Hispanic 47.92 61.00 53.79 42.73 27.57 47.39 89.84 Black, Non-Hispanic 35.45 43.27 38.02 53.93 38.57 50.40 78.09 Hispanic 35.08 41.72 37.98 48.33 32.41 49.09 83.66 Asian or Pacific Islander, Non- Hispanic 57.55 70.78 62.01 47.48 30.61 42.24 92.05 Native American, Non- Hispanic 41.35 52.87 48.33 45.92 30.81 47.64 88.41 Population below federal poverty line White, Non-Hispanic 35.89 52.52 45.71 44.71 30.55 52.01 87.53 Black, Non-Hispanic 23.59 34.95 30.84 55.19 40.16 52.90 76.23 Hispanic 25.15 33.04 31.32 49.98 34.11 50.84 82.35 Asian or Pacific Islander, Non- Hispanic 42.06 58.34 59.64 55.58 42.07 53.26 89.72 Native American, Non- Hispanic 26.46 38.09 30.84 49.64 36.16 48.58 87.75 Data Sources: Decennial Census; ACS; Great Schools; Common Core of Data; SABINS; LAI; LEHD; NATA Refer to the Data Documentation for details (www.hudexchange.info). HUD Map 1 Race and Ethnicity and R/ECAPS Morningside Research and Consulting, Inc. 64 City of Corpus Christi 2017 Assessment of Fair Housing Map V-1 Corpus Christi City Council The City of Corpus Christi is divided into five city council districts as indicated in Map V-1 above. Each district is represented by one city council member. The boundaries of these districts are used as references for the identification of geographic disparities in access to opportunities throughout this section. EDUCATIONAL OPPORTUNITIES a. Describe any disparities in access to proficient schools based on race/ethnicity, national origin, and family status. HUD Table 12 shows that of all racial and ethnic groups, Asian and Pacific Islander residents have the greatest access to proficient schools among both the general population and the population below the federal poverty line. Black and Hispanic residents experience low access to proficient schools compared with other racial and ethnic groups among both the general population and the population below the federal poverty line. The map of school proficiency by race and ethnicity (HUD Map 7.1) demonstrates this disparity clearly. Morningside Research and Consulting, Inc. 65 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 7.1 School Proficiency by Race and Ethnicity Five-year estimates from the American Community Survey ACS (2011-15), available in Table V-1 below, indicate that residents who identify as being of “some other race alone” have the lowest educational attainment of any group, followed by Hispanic or Latino residents. Hispanic or Latino residents are much less likely to have graduated high school than Non-Hispanic White residents and Black and Hispanic or Latino residents are much less likely to hold a bachelor’s degree or higher than Non-Hispanic Whites. While a smaller percentage of Asian residents have completed at least high school than Non-Hispanic Whites, they are more likely than any other racial or ethnic group to hold a bachelor’s degree or higher. Table V-1. Educational Attainment by Race/Ethnicity Total Percent White alone 175,870 High school graduate or higher 143,697 81.7% Bachelor's degree or higher 37,465 21.3% White alone, not Hispanic or Latino 73,596 High school graduate or higher 69,117 93.9% Bachelor's degree or higher 24,707 33.6% Black alone 8,658 High school graduate or higher 7,193 83.1% Bachelor's degree or higher 1,139 13.2% American Indian or Alaska Native alone 1,109 High school graduate or higher 941 84.9% Bachelor's degree or higher 216 19.5% Asian alone 4,228 Morningside Research and Consulting, Inc. 66 City of Corpus Christi 2017 Assessment of Fair Housing Total Percent High school graduate or higher 3,702 87.6% Bachelor's degree or higher 2,032 48.1% Native Hawaiian and Other Pacific Islander alone 118 High school graduate or higher 116 98.3% Bachelor's degree or higher 39 33.1% Some other race alone 10,367 High school graduate or higher 7,500 72.3% Bachelor's degree or higher 1,013 9.8% Two or more races 2,848 High school graduate or higher 2,354 82.7% Bachelor's degree or higher 564 19.8% Hispanic or Latino Origin 114,972 High school graduate or higher 83,742 72.8% Bachelor's degree or higher 13,967 12.1% Data Sources: ACS five-year estimates 2011-2015 b. Describe the relationship between the residency patterns of racial/ethnic, national origin, and family status groups and their proximity to proficient schools. The map of school proficiency by national origin (HUD Map 7.2) shows that residents of Mexican origin are concentrated in census tracts with less access to proficient schools. Residents from the Philippines, India, Germany and Korea appear to live in census tracts with more access to proficient schools. HUD Map 7.2 School Proficiency by National Origin Morningside Research and Consulting, Inc. 67 City of Corpus Christi 2017 Assessment of Fair Housing It is not immediately clear from the map of school proficiency by family status (HUD Map 7.3) that families with children as a group experience a disparity in access to proficient schools. Several census tracts have large percentages of families with children where school proficiency indices are very low, especially in predominantly Hispanic areas; however, other census tracts with large percentages of families with children have better access to proficient schools. HUD Map 7.3 School Proficiency by Family Status c. Describe how school-related policies, such as school enrollment policies, affect a student’s ability to attend a proficient school. Which protected class groups are least successful in accessing proficient schools? The state of Texas has adopted the following school enrollment policy that affects districts throughout the region and impacts the ability of protected class groups to access proficient schools. Texas Education Code Section 29.202 indicates that: A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus: (1) at which 50 percent or more of the students did not perform satisfactorily on an assessment instrument administered under Section 39.023(a) or (c) in any two of the preceding three years; or (2) that, at any time in the preceding three years, failed to satisfy any standard under Section 39.054(e) Morningside Research and Consulting, Inc. 68 City of Corpus Christi 2017 Assessment of Fair Housing Section 29.203 indicates that: A school district chosen by a student's parent under Section 29.201 is entitled to accept or reject the application for the student to attend school in that district but may not use criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more acceptable applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents, guardians, or custodians of those children. This policy, which is mirrored in the policies of local school districts serving Corpus Christi, prohibits schools throughout Texas from denying a request from a student to transfer from a non-performing school to another school in the district on the basis of race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. Proficient schools may deny transfers if the school has insufficient space for additional students. This policy allows parents some choice in which school their child attends and protects students seeking transfers from discrimination, but it does not guarantee access to proficient schools. According to stakeholders consulted during the public participation activities, many people want to live on the south side of Corpus Christi for the good schools, but many jobs are concentrated where the refineries are, north and northwest. Although public transportation is available in the city, it would be difficult for someone who relied on public transportation to live on the south side and travel to the refineries for work due to the amount of time it would take. Based on the data discussed earlier in this chapter, residents of Mexican origin appear to be least successful of the protected classes in accessing proficient schools. EMPLOYMENT OPPORTUNITIES a) Describe any disparities in access to jobs and labor markets by protected class groups. As shown in HUD Map 9.1, Black and Hispanic residents live in areas with substantially lower labor market engagement compared with other groups. Regardless of poverty status, Asian and Pacific Islander residents have the best access to neighborhoods with high labor market engagement. Morningside Research and Consulting, Inc. 69 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.1 Labor Market by Race and Ethnicity b) How does a person’s place of residence affect their ability to obtain a job? HUD Table 12 and HUD Map 8.1 below indicate that Black and Hispanic residents live closest to job opportunities regardless of poverty status. Among the general population, Asian and Pacific Islander residents live the farthest from job opportunities. Among the population below the federal poverty line, Native American residents live farthest from job opportunities. The difference among all groups in job proximity is relatively small compared with other disparities in access to opportunities. Morningside Research and Consulting, Inc. 70 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 8.1 Job Proximity by Race and Ethnicity Five-year estimates from the ACS (2011-15), available in Table V-2 below, indicate that the unemployment rate is highest in City Council District 1 followed by City Council Districts 2 and 3. City Council District 5 has the lowest rate of unemployment. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic white residents and Asian or Pacific Islander Residents are concentrated in Districts 4 and 5, to the southeast of the city center. Table V-2 Unemployment by City Council District City Council District Population Unemployed Population Unemployment Rate 1 35,600 3,986 11.20% 2 36,050 3,586 9.95% 3 50,060 4,896 9.78% 4 45,877 3,543 7.72% 5 46,085 1,956 4.25% Data Sources: ACS five-year estimates 2011-2015 c) Which racial/ethnic, national origin or family status groups are least successful in accessing employment? Five-year estimates from the ACS (2011-15), available in Table V-3 below, indicate that unemployment in Corpus Christi is highest among Native Hawaiian and Pacific Islander residents and Black residents, although only 123 residents from Hawaii or other Pacific Islands reside in Morningside Research and Consulting, Inc. 71 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi. Asian residents experience the lowest rate of unemployment, followed by Non- Hispanic White residents. Table V-3 Unemployment by Race/Ethnicity Total Labor Force Participation Rate Employment/ Population Ratio Unemployment Rate Population 16 years and over 245,452 65.0% 60.3% 6.4% White alone 211,837 64.8% 60.0% 6.4% Black or African American alone 10,748 63.2% 56.7% 8.8% American Indian and Alaska Native alone 1,242 57.4% 52.9% 7.1% Asian alone 5,016 68.5% 65.6% 3.5% Native Hawaiian and Other Pacific Islander alone 123 83.7% 62.6% 10.5% Some other race alone 12,673 70.2% 67.0% 4.4% Two or more races 3,813 64.8% 58.0% 7.7% Hispanic or Latino origin (of any race) 143,138 66.0% 61.1% 7.3% White alone, not Hispanic or Latino 84,469 63.3% 58.9% 4.8% Data Sources: ACS five-year estimates 2011-2015 HUD Map 8.2 shows a concentration of residents from the Philippines, India and Korea in District 5, farther from job opportunities. HUD Map 8.3 of job proximity and family status does not show any clear disparity in proximity to job opportunities for families with children. HUD Map 9.2 of labor market engagement and national origin shows that residents from Mexico are concentrated in District 2 and the east end of District 1, where labor market engagement is relatively low. HUD Map 9.3 suggests that census tracts with a higher percentage of families with children tend to have lower labor market engagement. Morningside Research and Consulting, Inc. 72 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 8.2 Job Proximity by National Origin Morningside Research and Consulting, Inc. 73 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.2 Labor Market by National Origin HUD Map 8.3 Job Proximity by Family Status Morningside Research and Consulting, Inc. 74 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 9.3 Labor Market by Family Status TRANSPORTATION OPPORTUNITIES a) Describe any disparities in access to transportation based on place of residence, cost, or other transportation related factors. HUD Map 11.1 indicates that transportation costs are highest in City Council Districts 4, in portions of District 5 (southeast of the city center), and in portions of District 1 (near the west end of the city). HUD Map 10.1 indicates that residents in these areas are also the least likely to use public transportation. HUD Map 10.1 Transit Trips by Race and Ethnicity Morningside Research and Consulting, Inc. 75 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 11.1 Transportation Cost by Race and Ethnicity b) Which racial/ethnic, national origin or family status groups are most affected by the lack of a reliable, affordable transportation connection between their place of residence and opportunities? Five-year estimates from the ACS (2011-15), available in Table V-4 below, indicate that most workers in Corpus Christi commute to work in a private vehicle (92.3 percent), with 11.5 percent of these commuters carpooling with others. Public transportation is used by very few workers. Most resident workers work within the city of Corpus Christi. The mean travel time to work is 19.5 minutes, with less than 20 percent of workers commuting more than 30 minutes to work. HUD Table 12 at the beginning of this chapter indicates that among the general population, Asian and Pacific Islander residents and Non-Hispanic White residents live in areas with the highest transportation costs. Black residents have the greatest access to neighborhoods with low transportation costs. Among the population living below the federal poverty line, Non-Hispanic White residents have the least access to neighborhoods with low transportation costs. Within this population, Native American and Asian or Pacific Islander residents have the greatest access to neighborhoods with low transportation costs. HUD Table 12 also indicates that among the general population, Asian or Pacific Islander residents and Non-Hispanic White residents are least likely to use public transportation. Black residents are most likely to use public transportation, followed by Hispanic and Native American residents. Among the population living below the federal poverty line, Native American residents are the most likely to use public transportation, and Non-Hispanic White residents are the least likely to Morningside Research and Consulting, Inc. 76 City of Corpus Christi 2017 Assessment of Fair Housing use public transportation. Asian and Pacific Islander residents in this income bracket are much more likely to use public transportation than in the general population. Table V-4 Commuting Patterns Corpus Christi city, Texas Estimate Workers 16 years and over 145,643 Workers 16 years and over who did not work at home 142,676 MEANS OF TRANSPORTATION TO WORK Car, truck, or van 92.3% In 2-person carpool 9.0% In 3-person carpool 1.5% In 4-or-more person carpool 1.0% Workers per car, truck, or van 1.1% Public transportation (excluding taxicab) 1.7% Walked 1.8% Bicycle 0.3% Taxicab, motorcycle, or other means 1.9% Worked at home 2.0% PLACE OF WORK Worked in place of residence 89.2% Worked outside place of residence 10.8% TRAVEL TIME TO WORK Less than 10 minutes 14.5% 10 to 14 minutes 20.5% 15 to 19 minutes 24.0% 20 to 24 minutes 18.4% 25 to 29 minutes 4.9% 30 to 34 minutes 9.0% 35 to 44 minutes 2.2% 45 to 59 minutes 3.0% 60 or more minutes 3.4% Mean travel time to work (minutes) 19.5 Data Sources: ACS five-year estimates 2011-2015 Calculations to determine which neighborhoods have low transportation costs may be driven by a number of factors, including availability of public transit, housing density, and proximity to employment and services. The correlation between the availability of public transportation and transportation costs in Corpus Christi suggest that access to public transit may play a substantial role in driving down the cost calculation. Considering that only 1.7 percent of workers in Corpus Christi commute using public transportation, relatively greater access to neighborhoods with low transportation costs may not represent a significant advantage. Additionally, ACS (2006-11) estimates (see Map V-2) indicate that the difference in average commute times between workers near the city center and those in the southeast of the city is less than five minutes. Morningside Research and Consulting, Inc. 77 City of Corpus Christi 2017 Assessment of Fair Housing Map V-2 WNYC Commute Time Heat-map Source: WNYC using 2006-11 ACS five-year estimates. c) Describe how the jurisdiction’s and region’s policies, such as public transportation routes or transportation systems designed for use personal vehicles, affect the ability of protected class groups to access transportation. Map V-3 of the Corpus Christi Regional Transportation Authority (CCRTA) system shows that the 25 available local bus routes primarily serve the central area of the city, including the east end of District 1 and District 2. Seven routes serve the east side of District 3, seven routes serve the northeast portion of District 4, and three routes serve District 5. In addition, CCRTA offers seven regional routes with service to some outlying areas of Districts 1, 3, and 4. Large parts of Districts 4 and 5 have no public transportation coverage. The availability of public transportation is consistent with the distribution of transportation cost and transit use described above. Morningside Research and Consulting, Inc. 78 City of Corpus Christi 2017 Assessment of Fair Housing Map V-3 CCRTA Service LOW POVERTY EXPOSURE OPPORTUNITIES a) Describe any disparities in exposure to poverty by protected class groups. HUD Table 12 at the beginning of the chapter and HUD Map 12.1 below show that among the general population, Black and Hispanic residents of Corpus Christi have the highest exposure to poverty. Regardless of poverty status, Asian and Pacific Islander residents have the greatest access to low poverty neighborhoods of any racial or ethnic group. Among the population living below the federal poverty line, Native American, Black, and Hispanic residents experience similarly high exposure to poverty. Morningside Research and Consulting, Inc. 79 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 12.1 Low Poverty Exposure by Race and Ethnicity According to five-year estimates from the 2011-15 ACS, available in Table V-5 below, Black residents are more likely than the general population to experience all levels of poverty. American Indian or Alaska Native residents and Hispanic residents are also more likely than the general population to experience poverty. Table V-5 Poverty by Race/Ethnicity Subject Total <50% Poverty Level <100% Poverty Level <125% Poverty Level Population for whom poverty status is determined 293,478 7.5% 17.5% 23.2% One race 287,423 7.3% 17.4% 23.0% White 240,504 7.0% 16.6% 22.3% Black or African American 12,430 10.3% 24.5% 32.0% American Indian and Alaska Native 1,058 15.5% 26.4% 31.5% Asian 4,962 9.5% 16.9% 18.4% Native Hawaiian and Other Pacific Islander 55 0.00% 0.00% 0.0% Some other race 28,414 9.0% 22.8% 28.6% Two or more races 6,055 15.8% 24.9% 35.0% Hispanic or Latino origin (of any race) 173,337 8.8% 21.0% 27.6% White alone, not Hispanic or Latino 100,210 4.6% 10.0% 14.0% Data Sources: ACS five-year estimates 2011-2015 Morningside Research and Consulting, Inc. 80 City of Corpus Christi 2017 Assessment of Fair Housing b) What role does a person’s place of residence play in their exposure to poverty? Data from the U.S. Census 2011-2015 five-year estimates, shown in Table V-6 below, show that residents of District 1 experience the highest poverty of other districts. The data show that residents of Districts 2 and 3 also experience much higher poverty rates than residents of Districts 4 and 5. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic white residents and Asian or Pacific Islander Residents are concentrated in Districts 4 and 5, to the southeast of the city center. Table V-6 Poverty by City Council District Council District Total families Families below poverty level Poverty Rate 1 11,196 2,596 23.19% 2 11,864 2,142 18.05% 3 16,388 3,510 21.42% 4 13,614 1,637 12.02% 5 15,675 765 4.88% Data Source: 2011-2015 ACS c) Which racial/ethnic, national origin or family status groups are most affected by these poverty indicators? HUD Map 12.2 of access to low-poverty neighborhoods and national origin indicates that residents from Mexico are concentrated in neighborhoods with greater exposure to poverty, while residents from the Philippines, India and Korea are concentrated in neighborhoods with lower exposure to poverty. Morningside Research and Consulting, Inc. 81 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 12.2 Low Poverty Exposure by National Origin HUD Map 12.3 below, showing poverty exposure and family status, does not clearly indicate that families with children as a group experience a disparity in access to low-poverty neighborhoods. HUD Map 12.3 Low Poverty Exposure by Family Status d) Describe how the jurisdiction’s and region’s policies affect the ability of protected class groups to access low poverty areas. The City of Corpus Christi has adopted language in the City Code of Ordinances that promotes the ability of protected class residents to access low poverty areas by prohibiting discriminatory housing practices and requiring the adoption of procedures that promote access to housing. The City Code of Corpus Christi declares that it is “the inalienable right of each individual to provide Morningside Research and Consulting, Inc. 82 City of Corpus Christi 2017 Assessment of Fair Housing for himself and his/her family a dwelling according to his/her choosing”, that it is “within the power and proper responsibility of government to prevent” the denial of this right and that it is “the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his/her race, color, sex, religion, disability, familial status, or national origin.” These policies enable the City of Corpus Christi to enforce fair housing violations at the local level. In 2015, the Texas state legislature passed Texas Senate Bill 267 barring cities from instituting laws banning landlords from discrimination based on source of income. According to a 2017 article in the Houston Chronicle, housing policy experts widely view such legislation as a barrier to integration and de-concentration of poverty. The law is currently being challenged in the U.S. District Court for the Northern District of Texas for possible violation of the Fair Housing Act by blocking predominantly Black public housing voucher holders from securing housing in predominately Non-Hispanic White neighborhoods. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this law prevents Hispanics from securing housing in predominately Non-Hispanic White neighborhoods in Corpus Christi. ENVIRONMENTALLY HEALTHY NEIGHBORHOOD OPPORTUNITIES a) Describe any disparities in access to environmentally healthy neighborhoods by protected class groups. HUD Map 13.1 of the environmental health index shows that environmental quality is lower in neighborhoods near the industrial zone called “refinery row”, south of Nueces Bay and outside the city limits north of City Council District 1 and in the vicinity of the airport. Additional data found in a 2016 public health assessment conducted by the Agency for Toxic Substances and Disease Registry (ATSDR) on the refinery row area confirms this (see Map V-4). The report found that 21,684 individuals reside within one mile of the refinery row industrial corridor, 68 percent of whom are Hispanic or Latino. The report concludes that benzene, hydrogen sulfide, particulate matter, and sulfur dioxide rarely reach levels associated with harmful acute health effects. On these occasions, breathing the maximum levels detected could result in adverse health effects, especially for children, older adults, and those with preexisting health conditions. The report also concludes that long-term exposure to the average levels of benzene, cadmium, chromium, 1,2- dibromoethane, and naphthalene together would result in increased risk of cancer. Affected neighborhoods include the historically Black neighborhoods of Hillcrest and Washington-Coles. Morningside Research and Consulting, Inc. 83 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 13.1 Environmental Health by Race and Ethnicity Map V-4 ASTDR Refinery Row Industrial Corridor Morningside Research and Consulting, Inc. 84 City of Corpus Christi 2017 Assessment of Fair Housing b) Which racial/ethnic, national origin or family status groups have the least access to environmentally healthy neighborhoods? Among the general population, Black residents have the least access to environmentally healthy neighborhoods, followed by Hispanic residents. Asian or Pacific Islander residents have the greatest access to environmentally healthy neighborhoods. The pattern of access to environmentally healthy neighborhoods among racial and ethnic groups is the same for the population living below the federal poverty line. PATTERNS IN DISPARITIES IN ACCESS TO OPPORTUNITY c) Identify and discuss any overarching patterns of access to opportunity and exposure to adverse community factors based on race/ethnicity, national origin or familial status. Identify areas that experience an aggregate of poor access to opportunity and high exposure to adverse factors. Include how these patterns compare to patterns of segregation and R/ECAPs. According to HUD Table 12, among the general population, Black and Hispanic residents of Corpus Christi have the least access to opportunity in four of the seven categories, experiencing high exposure to poverty, less access to proficient schools, lower labor market engagement, and less access to environmentally healthy neighborhoods. Non-Hispanic White residents and Asian or Pacific Islander residents are least likely to use public transportation and have the least access to neighborhoods with low transportation costs and nearby job opportunities. This pattern is consistent with the pattern of racial and ethnic segregation visible in HUD Map 1 at the beginning of the chapter. Black and Hispanic residents are concentrated near the city center in Districts 1, 2, and 3, while Non-Hispanic White residents and Asian or Pacific Islander residents are concentrated in Districts 4 and 5, to the southeast of the city center. Districts 1, 2, and 3 have lower school proficiency and labor market engagement and higher exposure to poverty. These districts are also closer to the industrial corridor along the Nueces Bay, providing closer proximity to job opportunities but also lower environmental health. CCRTA service has low penetration in Districts 4 and 5. Differences among racial and ethnic groups in exposure to poverty, proficient schools, and areas of high labor market engagement are much greater in magnitude than are the differences in transit use, job proximity, and transportation cost. The comparatively small differences in transit use, job proximity, and transportation cost are consistent with ACS data on the low utilization of public transportation overall and a difference in average commute times of less than five minutes between workers in the city center and those in Districts 4 and 5. Morningside Research and Consulting, Inc. 85 City of Corpus Christi 2017 Assessment of Fair Housing Table V-7 Disparities in Opportunity Indicators Low Poverty Index School Proficiency Index Labor Market Index Transit Index Low Transportation Cost Index Jobs Proximity Index Environmen tal Health Index Total Population Most disadvantaged group Black, Non- Hispanic Hispanic Black, Non- Hispanic White, Non- Hispanic Asian or Pacific Islander Asian or Pacific Islander Black, Non- Hispanic Disparity as compared with most advantaged group -25.87 -28.78 -26.99 -6.49 -7.91 -7.99 -14.75 Second most disadvantaged group Hispanic Black, Non- Hispanic Hispanic Asian or Pacific Islander White, Non- Hispanic White, Non- Hispanic Hispanic Disparity as compared with most advantaged group -25.29 -27.24 -25.01 -5.53 -7.67 -3.30 -10.31 Population below federal poverty line Most disadvantaged group Black, Non- Hispanic Black, Non- Hispanic Black, Non- Hispanic White, Non- Hispanic White, Non- Hispanic Native American Black, Non- Hispanic Disparity as compared with most advantaged group -23.01 -27.01 -32.45 -10.77 -11.50 -6.91 -16.15 Second most disadvantaged group Native American Hispanic Hispanic Hispanic Hispanic White, Non- Hispanic Hispanic Disparity as compared with most advantaged group -20.96 -26.20 -29.04 -4.55 -6.42 -3.18 -11.54 Data Source: Morningside Research and Consulting calculations computed from HUD Table 12. As shown on HUD Map 1, the City of Corpus Christi has seven census tracts designated as racially or ethnically concentrated areas of poverty (R/ECAPS). These are census tracts 5, 9, 10, 11, 12, 15, and 33.05. Six of these are located near the city center in Districts 1 and 2 (5, 9, 10, 11, 12 and 15); the seventh is at the southeast end of District 3 (tract 33.05). Five-year estimates from the ACS (2011-15) show that much higher percentages of families in Districts 1, 2 and 3 live below the federal poverty line (18 percent to 23 percent) compared with Districts 4 (12 percent) and 5 (5 percent). ACS estimates also indicate that Black, Hispanic, and American Indian residents are more likely than the general population to live below the federal poverty line. According to HUD Table 12, among residents living below the federal poverty line, Black residents have the least access to neighborhoods with low levels of poverty, proficient schools, areas with high labor market engagement, and environmentally healthy neighborhoods. Within this income group, Morningside Research and Consulting, Inc. 86 City of Corpus Christi 2017 Assessment of Fair Housing Hispanic residents experience substantial disparities in access to proficient schools, areas with high labor market engagement, and environmental health. ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about disparities in access to opportunity in the jurisdiction and region affecting groups with other protected characteristics. The Hillcrest and Washington-Coles neighborhoods are located on the north side of Corpus Christi in City Council District 1. The neighborhoods are located in census tracts 5 and 64, respectively. Census tract 5 is a HUD-designated R/ECAP. According to the Texas Low Income Housing Information Service, these neighborhoods “have a deep history of segregation, isolation and decline.” Washington Coles was the first neighborhood designated for Black residents in the city under Jim Crow segregation, and neighboring Hillcrest was opened to Black residents in 1944. Historic segregation of these neighborhoods was further reinforced in the 1950s by the routing of Interstate Highway 37, which isolated these neighborhoods from the rest of the city. In 2007, the major oil company CITGO was criminally indicted for violating the Clean Air Act by storing oil in uncovered tanks and exposing Hillcrest residents to benzene and other chemicals. After this incident, Hillcrest residents became the first group designated as victims of an air pollution crime under the Crime Victims’ Rights Act. The proposed path for the new Harbor Bridge (see Map V-5) cuts through the Washington-Coles neighborhood. Hillcrest and Washington-Coles residents filed a Title VI civil rights complaint to the Federal Highway Administration, alleging that the “Texas transportation agency is perpetuating discrimination against the minority neighborhoods, has selected a route that has a disparate impact on people of color, and has denied residents adequate participation.”11 The complaint resulted in a multi-million dollar settlement focused on enhanced mitigation options for affected residents. 11 Texas Rio Grande Legal Aid, INC. Complaint under Title VI of the Civil Rights Act of 1964. Austin, Texas: March 5, 2015 Morningside Research and Consulting, Inc. 87 City of Corpus Christi 2017 Assessment of Fair Housing Map V-5 Proposed Harbor Bridge Alignment Path b) The program participant may also describe other information relevant to its assessment of disparities in access to opportunity, including any activities aimed at improving access to opportunities for areas that may lack such access, or in promoting access to opportunity (e.g., proficient schools, employment opportunities, and transportation). The City of Corpus Christi has a fund, called the Type A Fund, which receives one-eighth of a cent of sales tax designated for economic and job growth. This fund includes the Homebuyer Assistance Program, which provides eligible homebuyers up to $10,000 for down payment assistance. For the past two years a portion of the Type A Fund was given to the Corpus Christi Housing Authority (CCHA) to rehabilitate one of their public housing complexes and bring seven previously unusable units back into the market. The city enforces and encourages participation in the Section 3 program on all HUD funded projects. The Section 3 program requires that recipients of HUD financial assistance provide job training, employment, and contracting opportunities for residents in low- and very-low income neighborhoods. The city awards CDBG funds to organizations such as Coastal Bend Center for Independent Living (CBCIL) to assist people with disabilities with ramps and accessible bathrooms and the Corpus Christi Area Council for The Deaf and Hard of Hearing Center to increase their building space by 50 percent. The additional space will help the agency provide enhanced programs and services to their residents. The city also plans to provide CDBG funding for accessible routes in residential Morningside Research and Consulting, Inc. 88 City of Corpus Christi 2017 Assessment of Fair Housing areas that do not have sidewalks but have heavy pedestrian traffic. This project will build approximately 2,300 linear feet of five-foot-wide sidewalk and 15 Americans with Disabilities Act (ADA) compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area safely without architectural barriers. CONTRIBUTING FACTORS Discussing any contributing factors of disparities in access to opportunity:  Access to financial services  The availability, type, frequency, and reliability of public transportation  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Lack of regional cooperation  Land use and zoning laws  Lending Discrimination  Location of employers  Location of environmental health hazards  Location of proficient schools and school assignment policies  Location and type of affordable housing  Occupancy codes and restrictions  Private discrimination  Other The following are contributing factors to disparities in access to opportunity in Corpus Christi listed in priority order. LOCATION AND TYPE OF AFFORDABLE HOUSING Stakeholders agree that Corpus Christi has a shortage of affordable housing for both renters and homebuyers, and the public housing authority in Corpus Christi has a waiting list of over 1,000 people. Stakeholders say that currently, most affordable housing in Corpus Christi is concentrated on the north side, an area with a higher concentration of African American residents than the rest of the city, and on the west side, an area with a higher concentration of low-income Latino/Hispanic residents who are likely to be first or second-generation Americans or speak primarily Spanish. Affordable housing is not thought to be available on the south side or on the portion of North Padre Island located within Council District 4. LOCATION OF EMPLOYERS Employers are mostly located on the north and northwest side of the city along Interstate 37. Neighborhoods in this area are predominately home to Black and Latino/Hispanic residents, Morningside Research and Consulting, Inc. 89 City of Corpus Christi 2017 Assessment of Fair Housing giving these groups the highest job proximity indices of any race or ethnicity (50.3 and 49.4, respectively). Asian and Pacific Islander residents, including residents from the Philippines, India, and Korea, predominately live in City Council District 5, an area with lower job proximity. According to HUD data, areas of Corpus Christi with high job proximity are generally associated with lower school proficiency. LOCATION OF ENVIRONMENTAL HEALTH HAZARDS Corpus Christi is an area with heavy industry including refineries and chemical plants. Stakeholders say that neighborhoods on the north and west side in close proximity to industry have issues with decreased property value and health concerns related to air and soil quality. A public health assessment conducted by the Agency for Toxic Substances and Disease Registry (ATDSR) found that 21,684 individuals (68 percent of whom are Hispanic) reside within one mile of the “refinery row”, south of Nueces Bay and north of City Council District 1. The report concludes that long term exposure to average levels of benzene, cadmium, chromium, 1,2- dibromoethane, and naphthalene together would result in increased risk of cancer. Affected neighborhoods include the historically African American neighborhoods of Hillcrest and Washington-Coles. LOCATION OF PROFICIENT SCHOOLS AND SCHOOL ASSIGNMENT POLICIES According to stakeholders, most Corpus Christi residents would like to live close to the good school districts on the south side of Corpus Christi, but many jobs are concentrated in the north and northwest parts. The most recent enrollment data indicate that Calallen High School, located in the northwest District 1, a more diverse area, has a 58 percent minority enrollment (majority Hispanic), and Flour Bluff High School, located in the southeast District 4, has a 46 percent minority enrollment (majority Hispanic). HUD data shows that residents of Mexican origin are concentrated in census tracts with lower school proficiency. Moreover, large percentages of Hispanic families with children live in these census tracts. LACK OF REGIONAL COOPERATION Community opposition to affordable housing exists in certain areas of Corpus Christi, such as Calallen in the northwest and on the south side. Stakeholders say that public officials have not made adequate efforts to educate communities on the benefits of affordable housing before launching a project. In addition, community engagement and communication relating to the Harbor Bridge project was considered inadequate by some stakeholders. Stakeholders believe the city continues to neglect the needs of effected north side residents who plan to stay in the neighborhood rather than relocating. The resettlement assistance from TxDOT is voluntary and stakeholders believe the city has not made sufficient efforts to collaborate with residents who will stay in the neighborhood to improve conditions in the neighborhood. Stakeholders also observe a gap in communication with public housing residents. For example, after the demolition Morningside Research and Consulting, Inc. 90 City of Corpus Christi 2017 Assessment of Fair Housing of D.N. Leathers, a public housing complex in the Hillcrest neighborhood in north Corpus Christi, stakeholders believe CCHA provided inadequate mobility counseling for residents who were displaced. Residents in the complex received tenant-based vouchers for relocation but experienced issues using the vouchers, such as receiving an outdated list of apartments accepting vouchers. Access to environmentally healthy neighborhoods is significantly impacted by industrial activity that takes place just outside the city limits. Collaboration between the city, the private sector, the state, and the county is necessary to ensure that residents near the industrial corridor have access to environmentally healthy neighborhoods. PRIVATE DISCRIMINATION While not statistically significant, comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi. Nine individuals indicated that private discrimination based on protected class were priority fair housing issues in an exercise conducted during focus groups and the public meeting. In the resident survey, seven respondents believe that they were turned down for a mortgage based on familial status, religion, race, or sex. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Twelve survey respondents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity. One respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Nine respondents explicitly stated that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. SOURCE OF INCOME DISCRIMINATION Texas Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prevents municipalities from passing ordinances which prohibit source of income discrimination in rental housing. Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. In a specific example, when D.N. Leathers, a public housing project, was recently demolished in a predominately African American community, residents faced difficulty in finding apartments that would accept vouchers, especially on the south side. Because of this, many are still forced to live in areas with low access to proficient schools and other public services. Morningside Research and Consulting, Inc. 91 City of Corpus Christi 2017 Assessment of Fair Housing LOSS OF AFFORDABLE HOUSING The proposed Harbor Bridge project has led to displacement of residents from the 122-unit D.N. Leathers public housing project. Despite financial efforts made by state officials to help these residents relocate, a shortage of public housing and the reluctance of private landlords to accept tenant-based vouchers has led to loss of public housing for many residents. Moreover, disputed state laws protect landlords from refusing to rent to voucher households, which limits the supply of available units in the housing choice voucher program. AVAILABILITY, TYPE, FREQUENCY, AND RELIABILITY OF PUBLIC TRANSPORTATION The Corpus Christi Regional Transportation Authority operates 25 local bus routes which offer services to most districts in the central, east, and northeast portions of the city. Although most surveyed residents (71 percent of 184 respondents) believe that they have adequate access to transportation in Corpus Christi, stakeholders say that higher travel times exist for people who live on the south side and travel to the refineries (on the north side) for work. Large areas of City Council Districts 4 and 5 are not connected to public transit networks; these areas also correspond with higher transportation costs, and most residents commute alone in their private vehicles. Morningside Research and Consulting, Inc. 92 City of Corpus Christi 2017 Assessment of Fair Housing V.B.IV. DISPROPORTIONATE HOUSING NEEDS a. Which groups (by race/ethnicity and family status) experience higher rates of housing cost burden, overcrowding, or substandard housing when compared to other groups? Which groups also experience higher rates of severe housing burdens when compared to other groups? HUD Tables 9 and 10 show the rate of housing burden for households in Corpus Christi by race/ethnicity and family status. According to the U.S. Department of Housing and Urban Development (HUD), housing burden occurs when a living unit has any one of the following conditions: Incomplete kitchen facilities, incomplete plumbing, overcrowding (more than one person housed per bedroom), or a housing cost burden in which monthly housing costs, including utilities, exceed 30 percent of monthly household income.12 Severe housing burden is defined the same as above, but with a housing cost burden in which monthly housing costs, including utilities, exceed 50 percent of monthly household income.13 Black residents are most likely to experience housing burden in Corpus Christi, followed by households in the “Other, Non-Hispanic” category. Asian/Pacific Islander and Hispanic residents experience housing burden at slightly lower rates. Native American residents are the only racial or ethnic group that experiences a lower rate of housing burden in Corpus Christi than in the region as a whole. These racial and ethnic differences are the same for households with severe housing burden. In terms of household type and size, households that have five or more family members are much more likely to experience housing burden than smaller families. Both family and non-family households, regardless of size or familial status, experience more housing burden in the City of Corpus Christi than in the larger region (Nueces and San Patricio counties). HUD Table 10 shows the demographics of households experiencing severe housing cost burden. These data follow the same general trends as HUD Table 9, with Black residents experiencing the highest rate of severe cost burden. Comparing HUD Tables 9 and 10 shows that of the 20,405 households who experience severe housing burden, 15,905 households experience severe cost burden, while the other 4,500 experience some combination of the other problems: Incomplete kitchen facilities, incomplete plumbing, or more than one person per bedroom. For family households with five or more people, the rate of severe cost burden is notably low as compared with the rate of housing burden in general; large family households are less likely to be severely cost burdened than non-family households and only slightly more likely to be severely cost 12 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 11. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. 13 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 11. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. Morningside Research and Consulting, Inc. 93 City of Corpus Christi 2017 Assessment of Fair Housing burdened than small family households. This suggests that many large family households experience housing burden not because of severe cost but because they have more than one person per bedroom. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 9 Demographics of Households with Disproportionate Housing Needs Disproportionate Housing Needs Corpus Christi, Texas Corpus Christi, Texas Region Households Experiencing any of Four Housing Problems Number with Problems Number of Households Percent with Problems1 Number with Problems Number of Households Percent with Problems Race/Ethnicity White, Non-Hispanic 13,590 44,940 30.24% 20,335 68,239 29.80% Black, Non-Hispanic 2,295 4,915 46.69% 2,527 5,450 46.37% Hispanic 22,200 58,760 37.78% 28,760 78,115 36.82% Asian or Pacific Islander, Non-Hispanic 744 1,944 38.27% 853 2,262 37.71% Native American, Non-Hispanic 29 249 11.65% 44 342 12.87% Other, Non-Hispanic 434 947 45.83% 588 1,470 40.00% Total 39,280 111,750 35.15% 53,105 155,900 34.06% Household Type and Size Family households, <5 people 17,970 62,160 28.91% 25,040 89,499 27.98% Family households, 5+ people 6,165 13,085 47.12% 8,420 18,245 46.15% Non-family households 15,145 36,490 41.50% 19,655 48,145 40.82% Households Experiencing any of Four Severe Housing Problems Number with Severe Problems Number of Households Percent with Severe Problems Number with Severe Problems Number of Households Percent with Severe Problems Race/Ethnicity White, Non-Hispanic 6,555 44,940 14.59% 9,954 68,239 14.59% Black, Non-Hispanic 1,140 4,915 23.19% 1,288 5,450 23.63% Hispanic 12,080 58,760 20.56% 16,140 78,115 20.66% Asian or Pacific Islander, Non-Hispanic 419 1,944 21.55% 484 2,262 21.40% Native American, Non-Hispanic 0 249 0.00% 15 342 4.39% Other, Non-Hispanic 209 947 22.07% 308 1,470 20.95% Total 20,405 111,750 18.26% 28,170 155,900 18.07% Source: Comprehensive Housing Affordability Strategy (CHAS), 2008-2012, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 All percentages represent a share of the total population with the jurisdiction or region, except household type and size, which is compared with total households. Morningside Research and Consulting, Inc. 94 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 10 Demographics of Households with Severe Housing Cost Burden Households with Severe Housing Cost Burden Corpus Christi, Texas Corpus Christi, Texas Region Race/Ethnicity Number with Severe Cost Burden Number of Households1 Percent with Severe Cost Burden2 Number with Severe Cost Burden Number of Households Percent with Severe Cost Burden White, Non-Hispanic 5,425 44,940 12.07% 7,965 68,239 11.67% Black, Non-Hispanic 995 4,915 20.24% 1,074 5,450 19.71% Hispanic 8,980 58,760 15.28% 11,210 78,115 14.35% Asian or Pacific Islander, Non-Hispanic 330 1,944 16.98% 365 2,262 16.14% Native American, Non-Hispanic 0 249 0.00% 15 342 4.39% Other, Non-Hispanic 175 947 18.48% 199 1,470 13.54% Total 15,905 111,750 14.23% 20,828 155,900 13.36% Household Type and Size Family households, <5 people 7,199 62,160 11.58% 9,644 89,499 10.78% Family households, 5+ people 1,675 13,085 12.80% 2,025 18,245 11.10% Non-family households 7,029 36,490 19.26% 9,142 48,145 18.99% Source: Comprehensive Housing Affordability Strategy (CHAS), 2008-2012, as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. 1 The number of households is the denominator for the percent with problems, and may differ from the number of households for the table on severe housing problems. 2 All percentages represent a share of the total population with the jurisdiction or region, except household type and size, which is compared with total households. b. Which areas in the jurisdiction and region experience the greatest housing burdens? Which of these areas align with segregated areas, integrated areas, or R/ECAPs and what are the predominant race/ethnicity or national origin groups in such areas? As shown in HUD Map 6.1, the areas with the highest concentration of housing burden in Corpus Christi are the north-central, west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) due to their high concentrations of Hispanic and Black residents and the fact that at least 40 percent of residents are below the federal poverty line. According to HUD Map 6.2, this includes many residents from Mexico. The west-central area, around Corpus Christi International Airport, has a high concentration of Hispanic residents. HUD Map 6.2 shows that this area has some residents from Mexico, but not as many as the north-central area. The northeast area has a relatively diverse mix of Hispanic and Non-Hispanic White residents. HUD Map 6.2 shows that this area includes some residents from Mexico as well as some residents from Germany and the Philippines. Outside of the City of Corpus Christi, the highest rates of housing burden in the region are in the western suburb of Robstown and the northeastern suburb of Portland. HUD Maps 6.1 and 6.2 Morningside Research and Consulting, Inc. 95 City of Corpus Christi 2017 Assessment of Fair Housing show that Robstown has a high concentration of Hispanic residents and some residents from Mexico, while Portland has a relatively diverse population, including Hispanic, Non-Hispanic White, and Multi-racial (Non-Hispanic) residents, and some residents from Mexico and the Philippines. HUD Map 6.1 Housing Burden and Race/Ethnicity HUD Map 6.2 Housing Burden and National Origin Morningside Research and Consulting, Inc. 96 City of Corpus Christi 2017 Assessment of Fair Housing c. Compare the needs of families with children for housing units with two, and three or more bedrooms with the available existing housing stock in each category of publicly supported housing. HUD Table 11 shows the number of bedrooms and number of children for different categories of publicly supported housing in Corpus Christi. According to the table, the most common type of unit in project-based Section 8 and other multifamily housing is a unit with one or fewer bedrooms. The most common type of unit in public housing and the housing choice voucher program has two bedrooms. Although households with children represent 60.5 percent of the households in public housing, units with three or more bedrooms make up just over one-fourth of the public housing inventory. By comparison, in the housing choice voucher program, households with children represent approximately half of all households, and units with three or more bedrooms make up about one-third of the inventory. Assuming that households with children require larger housing units, this suggests that the city does not have enough public housing units to meet the needs of large families. HUD Table 11 Publicly Supported Housing by Program Category: Units by Number of Bedrooms and Number of Children Households in 0-1 Bedroom Units Households in 2 Bedroom Units Households in 3+ Bedroom Units Households with Children Housing Type Number Percent Number Percent Number Percent Number Percent Public Housing 476 31.09% 644 42.06% 400 26.13% 926 60.48% Project-Based Section 8 772 43.69% 596 33.73% 341 19.30% 799 45.22% Other Multifamily 19 44.19% 14 32.56% 0 0.00% 0 0.00% HCV Program 310 25.43% 440 36.10% 435 35.68% 615 50.45% Sources: Inventory Management System (IMS)/ PIH Information Center (PIC), 2013; Tenant Rental Assistance Certification System (TRACS), 2013; as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. d. Describe the differences in rates of renter and owner occupied housing by race/ethnicity in the jurisdiction and region. HUD Table 16 shows homeownership and rental rates by race and ethnicity in the City of Corpus Christi and the region. The table shows that Hispanic residents make up the largest cohort of homeowners in the jurisdiction. Although the table does not show homeownership rates for each group, rates can be calculated by comparing the number of owners and renters in each racial and ethnic group. These calculations indicate that the groups with the highest homeownership rates are Native American residents and Non-Hispanic White residents, and the groups with the lowest homeownership rates are Other Non-Hispanic residents and Black residents. The Corpus Christi Morningside Research and Consulting, Inc. 97 City of Corpus Christi 2017 Assessment of Fair Housing region has similar racial and ethnic trends, although homeownership rates in the jurisdiction are lower across all racial and ethnic groups. HUD Table 16 Homeownership and Rental Rates by Race/Ethnicity Corpus Christi, Texas Corpus Christi, Texas Region Homeowners Renters Homeowners Renters Race/Ethnicity Number Percent Number Percent Number Percent Number Percent White, Non-Hispanic 28,130 43.94% 16,790 35.18% 45,515 47.90% 22,725 37.33% Black, Non-Hispanic 2,020 3.16% 2,895 6.07% 2,290 2.41% 3,180 5.22% Hispanic 32,295 50.44% 26,470 55.46% 44,930 47.28% 33,175 54.50% Asian or Pacific Islander, Non- Hispanic 1,110 1.73% 835 1.75% 1,355 1.43% 920 1.51% Native American, Non-Hispanic 180 0.28% 65 0.14% 264 0.28% 75 0.12% Other, Non-Hispanic 285 0.45% 670 1.40% 670 0.71% 800 1.31% Total Household Units 64,025 - 47,725 - 95,025 - 60,875 - Source: U.S. Census Bureau American Community Survey, 2015. ADDITIONAL INFORMATION a. Beyond the HUD-provided data, provide additional relevant information, if any, about disproportionate housing needs in the jurisdiction and region affecting groups with other protected characteristics. b. The program participant may also describe other information relevant to its assessment of disproportionate housing needs. For PHAs, such information may include a PHA’s overriding housing needs analysis. A housing survey conducted for this AFH asked residents of Corpus Christi to report their experience with cost burden. Just over half of residents (55 percent) indicated they experience cost burden, and 31 percent indicate they are severely cost burdened. When asked about the features of their property, three respondents who are renters indicated they did not have indoor running water, which as an “incomplete plumbing facility” would qualify as a housing burden. These survey results, while not statistically significant, show higher rates of the four housing problems and severe cost burden than the rates shown in HUD Tables 9 and 10 (35 percent of all Corpus Christi residents experience one of the four housing problems and about 14 percent experience severe cost burden). According to a representative from the Texas Low Income Housing Information Service (TxLIHIS), households earning minimum wage would have to work 104 hours/week to afford the Fair Market Rent (estimated at $19.06/hour) on a two-bedroom unit in Corpus Christi. Morningside Research and Consulting, Inc. 98 City of Corpus Christi 2017 Assessment of Fair Housing Victims of domestic violence often experience housing-related difficulty, with one survey of domestic violence survivors reporting that, in shelters across eight states, 84 percent of survivors needed help with finding affordable housing.14 One article in the Corpus Christi Caller Times claimed that domestic violence in Corpus Christi was “arguably worse than any other major Texas city” and noted that eight Corpus Christi residents died from domestic violence in 2015.15 The Corpus Christi Police Department Crime Victim’s Assistance Program provides housing support for victims of domestic violence. Through the program, victims of domestic violence may apply for up to $3,800 in assistance to be used for rent, deposits, and relocation expenses. The program also conducts community outreach to apartment management and to the Corpus Christi Apartment Association. Hurricane Harvey made landfall north of Corpus Christi in late August 2017 at the close of the AFH data collection process. The Corpus Christi Development Services Department conducted a commercial and residential damage assessment. The assessment focused on damage to structures and does not include damage to fences or downed trees. Four levels of impact were identified. One home was destroyed, 79 units received major damage, 728 units received minor damage, and an additional 1,652 units are classified as affected. No geographic patterns have been identified to date which demonstrate disparate impact from the hurricane on protected class groups. The City of Corpus Christi Housing and Community Development Department, along with city staff from the Emergency Operations Center, have been attending ongoing meetings with regional, state, and federal officials since the arrival and departure of Hurricane Harvey. The meetings, to date, include:  Recovery Coordination Webinar (8/28/17)  Recovery Coordination Webinar (8/30/17)  Recovery Coordination Meeting (9/13/17)  Housing Recovery Call (9/14/17)  Housing Recovery call (9/16/17)  Functional Needs Support Team (9/18/17)  Coastal Bend Disaster Recovery Group (9/19/17) 14 Lyon, Eleanor and Shannon Lane. Meeting Survivors’ Needs: A Multi-State Study of Domestic Violence Shelter Experiences. National Institute of Justice, 2008. PDF File. Web. https://vawnet.org/sites/default/files/materials/files/2016-08/MeetingSurvivorsNeeds-FullReport.pdf. Accessed September 22, 2017. 15 Torralva, Krista. “Corpus Christi struggles to overcome domestic violence.” Archive.caller.com. Corpus Christi Caller Times, December 5, 2015. Web. http://archive.caller.com/news/behind- broken-doors/corpus-christi-struggles-to-overcome-domestic-violence-22b45aa4-dd63-30a0-e053-0100007f4e22-360597061.html. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 99 City of Corpus Christi 2017 Assessment of Fair Housing  Recovery Coordination Webinar (9/27/17, 9/29/17)  Hurricane Housing Recovery (9/28/17)  Housing /Hurricane Harvey (10/2/17)  Recovery Coordination Webinar (10/2/17)  Recovery Coordination Webinar (10/6/17)  Functional Needs Support Team (10/9/17)  Coastal Bend Disaster Recovery Group (10/10/17)  Functional Needs Support Team (10/16/17)  Congressional Staff Harvey Recovery Meeting (10/16/17)  Functional Needs Support Team (10/23/17)  Recovery Statewide Conference call (10/27/17)  House Appropriations Committee Meeting (11/8/17)  Disaster Housing Recovery call (11/16/17)  Coastal Bend Disaster Recovery Group (11/28/17)  Rebuild Texas Regional Meeting (11/30/17)  Urban Affairs Committee (12/4/17) Primary topics include changes in demand for affordable housing and the needs of individuals experiencing homelessness prior to the hurricane as well as after. Conversations and preliminary data continue to show that the Corpus Christi community received major wind damage as well as some infrastructure damage caused by Hurricane Harvey. Discussion on these topics is scheduled to continue onto the Spring and housing issues are being addressed by the various regional, state, and federal agencies involved in meetings and conference calls. Many of the conversations have focused on the needs of communities outside of Corpus Christi, which sustained significant damage. The city is in continued conversations with the U.S. Department of Housing and Urban Development (HUD) regarding potential Community Development Block Grant – Disaster Recovery (CDBG-DR) funding. At this time, HUD is continuing to analyze the various assessments completed in Corpus Christi and the surrounding communities to determine if Corpus Christi will Morningside Research and Consulting, Inc. 100 City of Corpus Christi 2017 Assessment of Fair Housing receive an award of CDBG-DR funding. If Corpus Christi receives CDBG-DR funding, the city will engage key stakeholders, including the public housing authority, and the community about the planned use of the funds. Impacts on the housing market, particularly the demand for affordable housing, will be evaluated during the Consolidated Plan effort which will begin in the Spring. The Corpus Christi five-year Consolidated Plan is due to HUD in August 2018. CONTRIBUTING FACTORS OF DISPROPORTIONATE HOUSING NEEDS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of disproportionate housing needs.  Availability of affordable units in a range of sizes  Displacement of residents due to economic pressures  Displacement of and/or lack of housing support for victims of domestic violence, dating violence, sexual assault, and stalking  Lack of access to opportunity due to high housing costs  Lack of private investments in specific neighborhoods  Lack of public investments in specific neighborhoods, including services or amenities  Land use and zoning laws  Lending discrimination  Loss of Affordable Housing  Source of income discrimination  Other The following are contributing factors to disproportionate housing needs in Corpus Christi listed in priority order. DISPLACEMENT OF AND/OR LACK OF HOUSING SUPPORT FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING As indicated earlier in this report, research for this AFH indicates that survivors of domestic violence need help finding affordable housing. An article in the Corpus Christi Caller Times claimed that domestic violence in Corpus Christi was “arguably worse than any other major Texas city” and noted that eight Corpus Christi residents died from domestic violence in 2015. Although the Corpus Christi Police Department Crime Victim’s Assistance Program provides up to $3,800 in assistance for victims of domestic violence for rent, deposits, and relocation expenses, data and services are lacking in Corpus Christi for victims of domestic violence. Morningside Research and Consulting, Inc. 101 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF PUBLIC INVESTMENTS IN SPECIFIC NEIGHBORHOODS Corpus Christi has only recently re-established its planning department, and historically segregated neighborhoods believe they have not received sufficient attention to overcome their disparities. According to stakeholders, these areas have low access to proficient schools and other public services. LACK OF PRIVATE INVESTMENTS IN SPECIFIC NEIGHBORHOODS Challenges exist in developing affordable housing units in neighborhoods on the south side and northwest, primarily due to a “Not in My Backyard” (NIMBY) attitude in these areas. Perceptions of what constitutes affordable housing also varies among stakeholders, partly because large variations in incomes such as those of refinery workers contribute to an upward bias in understanding what housing is affordable. Because of these factors, most affordable housing remains concentrated in the western and northern areas of the city. DISPLACEMENT OF RESIDENTS DUE TO ECONOMIC PRESSURES According to stakeholders, the proposed Harbor Bridge project is evidence of displacement of residents due to economic pressures. Texas Department of Transportation’s (TxDOT) plans to upgrade the Harbor Bridge due to high costs of maintenance and low safety standards on the existing bridge have been a matter of much debate, with stakeholders noting that the proposed Harbor Bridge project would contribute to displacement of historically segregated African American communities residing in the Hillcrest and Washington-Coles neighborhoods. The residents have filed and won a Title VI civil rights complaint with the Federal Highway Administration (FHWA), leading to a mitigation agreement that includes a government- subsidized voluntary relocation program. However, the impact of relocation programs and details of how these residents will be compensated remains to be seen. Any expansion of industries around “refinery row” will also cause displacement of historically segregated communities of Hillcrest/Washington-Coles neighborhoods, but the shortage of affordable housing options in the south and southeast areas, represented on city documents as City Council Districts 4 and 5, further limits the possibility of finding housing elsewhere. SOURCE OF INCOME DISCRIMINATION Most surveyed residents (55 percent of 190 respondents) believe that they are experiencing a cost burden exceeding 30 percent of their monthly household income. Most stakeholders believe they cannot live in a neighborhood of their choice. Individuals using vouchers are often turned down by private landlords who do not accept them. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. Stakeholders noted that when the D.N. Leathers public housing complex was demolished in a Morningside Research and Consulting, Inc. 102 City of Corpus Christi 2017 Assessment of Fair Housing predominately African American community, residents faced difficulty in finding apartments that would accept vouchers, especially on the south side. This forced them to live in areas with low access to proficient schools and other public services. LOSS OF AFFORDABLE HOUSING Residents who were displaced when the D.N. Leathers public housing complex was demolished received tenant-based vouchers and mobility counseling that allowed them to relocate to other housing units. However, the inventory of affordable housing did not increase, and finding a landlord who will accept vouchers remains challenging for former D.N. Leathers residents as well as other voucher holders. Morningside Research and Consulting, Inc. 103 City of Corpus Christi 2017 Assessment of Fair Housing V.C. PUBLICLY SUPPORTED HOUSING ANALYSIS PUBLICLY SUPPORTED HOUSING DEMOGRAPHICS a) Are certain racial/ethnic groups more likely to be residing in one category of publicly supported housing than other categories (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, and Housing Choice Voucher (HCV))? The distribution of racial and ethnic groups in publicly supported housing in Corpus Christi can be seen in U.S. Department of Housing and Urban Development (HUD) Table 6. Units in the public housing category of this table are owned and managed by the Corpus Christi Housing Authority (CCHA), which was established in 1938 to operate public housing in the City of Corpus Christi. Other categories in the table include Section 8 funding through project-based rental assistance and through the housing choice voucher (HCV) program. The project-based Section 8 program works with property owners, allowing for designated units of affordable housing in certain areas, while the HCV program works with tenants, allowing residents to apply their rental assistance to a property of their choosing. Hispanic residents make up the majority of households in all categories of publicly supported housing in Corpus Christi. In public housing units, Hispanic residents make up an overwhelming majority of all households. Hispanic residents also represent a majority of the population in project-based Section 8 housing and housing choice voucher program. Non-Hispanic White households make up a disproportionately high concentration of the population in “Other Multifamily” housing, as compared with other categories. According to HUD, the “Other Multifamily” category includes “properties funded through the Supportive Housing for the Elderly (Section 202), Supportive Housing for Persons with Disabilities (Section 811), Rental Housing Assistance (Section 236), Rent Supplement (Rent Supp), Rental Assistance Payment, and Below Market Interest Rates (BMIR) programs.”16 HUD Table 6 shows that no Black or Asian/Pacific Islander households live in these units. However, as shown in HUD Table 5, comparisons among racial and ethnic groups are limited because “Other Multifamily” units represent only a small percentage of the total housing stock in Corpus Christi. HUD Table 6 shows that in the larger Corpus Christi region (Nueces and San Patricio counties), the composition of the population in publicly supported housing is nearly identical. This is because no publicly supported housing units are located outside the City of Corpus Christi, although housing choice voucher holders do live outside the city. 16 Affirmatively Furthering Fair Housing (AFFH) Data Documentation. U.S. Department of Housing and Urban Development, July 2016. p. 7. PDF File. Web. https://www.hudexchange.info/resources/documents/AFFH-Data-Documentation.pdf. Accessed September 2017. Morningside Research and Consulting, Inc. 104 City of Corpus Christi 2017 Assessment of Fair Housing Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 5. Publicly Supported Housing Units by Program Category Corpus Christi, Texas Housing Units Number Percent Total housing units 118,475 - Public Housing 1,836 1.55% Project-based Section 8 1,939 1.64% Other Multifamily 56 0.05% HCV Program 1,385 1.17% Sources: U.S. Census, 2010; A Picture of Subsidized Households (APSH); as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Table 6. Publicly Supported Households by Race/Ethnicity Housing Type Race/Ethnicity Corpus Christi, Texas Non-Hispanic White Black Hispanic Asian or Pacific Islander Number Percent Number Percent Number Percent Number Percent Public Housing 106 6.98% 159 10.47% 1,251 82.41% 1 0.07% Project-Based Section 8 320 18.81% 182 10.70% 1,178 69.25% 17 1.00% Other Multifamily 12 37.50% 0 0.00% 20 62.50% 0 0.00% HCV Program 141 11.97% 190 16.13% 844 71.65% 3 0.25% Total Households 44,940 40.21% 4,915 4.40% 58,760 52.58% 1,944 1.74% 0-30% of AMI 3,745 27.34% 945 6.90% 8,560 62.48% 210 1.53% 0-50% of AMI 6,230 23.79% 1,695 6.47% 16,410 62.66% 340 1.30% 0-80% of AMI 12,455 27.42% 2,840 6.25% 27,905 61.43% 545 1.20% Corpus Christi, Texas Region Non-Hispanic White Black Hispanic Asian or Pacific Islander Number Percent Number Percent Number Percent Number Percent Public Housing 106 6.98% 159 10.47% 1,251 82.41% 1 0.07% Project-Based Section 8 320 18.81% 182 10.70% 1,178 69.25% 17 1.00% Other Multifamily 12 37.50% 0 0.00% 20 62.50% 0 0.00% HCV Program 270 15.25% 213 12.03% 1,282 72.39% 6 0.34% Total Households 68,239 43.77% 5,450 3.50% 78,115 50.11% 2,262 1.45% 0-30% of AMI 5,539 28.75% 1,025 5.32% 12,180 63.22% 245 1.27% 0-50% of AMI 9,794 26.29% 1,879 5.04% 22,735 61.03% 389 1.04% 0-80% of AMI 19,779 30.97% 3,127 4.90% 37,560 58.80% 629 0.98% Sources: U.S. Census, 2010; A Picture of Subsidized Households (APSH); Comprehensive Housing Affordability Strategy (CHAS), 2008-2012; as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. Morningside Research and Consulting, Inc. 105 City of Corpus Christi 2017 Assessment of Fair Housing b) Compare the demographics, in terms of protected class, of residents of each category of publicly supported housing (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, and HCV) to the population in general, and persons who meet the income eligibility requirements for the relevant category of publicly supported housing. Include in the comparison, a description of whether there is a higher or lower proportion of groups based on protected class. HUD Table 6 above shows the comparative demographics of public housing residents and the Corpus Christi population in general. Hispanic residents live in publicly supported housing at a disproportionately high rate; Hispanic households represent roughly half of the total Corpus Christi population but are an overwhelming majority in all categories of publicly supported housing. Black households also live in publicly supported housing at a high rate, especially through the HCV program. Totaling the numbers in each category of HUD Table 6 reveals that in all publicly supported housing units, the population is 74.4 percent Hispanic, 13.1 percent Non-Hispanic White, 12.0 percent Black, and 0.5 percent Asian or Pacific Islander. Comparing these values to the percentage of households earning less than 30 percent of the area median income (AMI) gives an indication of how the population in publicly supported housing units reflects the population in need of housing assistance. This comparison suggests that Non-Hispanic White and Asian households are slightly underrepresented in publicly supported housing, and Hispanic and Black households are slightly overrepresented. Comparing the numbers of residents earning less than 30 percent of the area median income (AMI) in the City of Corpus Christi and the larger region shows that approximately 1,794 Non- Hispanic White households, 80 Black households, 3,620 Hispanic households, and 35 Asian or Pacific Islander households live outside of Corpus Christi on less than 30 percent AMI. Because only 593 households outside the city limits receive public housing support (through the HCV program), at least 4,936 households in this income category are in need of public housing support. According to HUD Table 14 in the Disability and Access Analysis chapter, residents with disabilities make up 9.2 percent of the Corpus Christi population aged 18 to 64 and 5.5 percent of the population aged 65 or over. Comparing these numbers with the data shown in HUD Table 15 below suggests that residents with disabilities live in publicly supported housing at a disproportionately high rate. Morningside Research and Consulting, Inc. 106 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 15. Disability by Publicly Supported Housing Program Category Corpus Christi, Texas People with a Disability Number Percent Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 298 24.45% Corpus Christi, Texas Region Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 447 24.47% Source: U.S. Census Bureau American Community Survey (ACS), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD data indicate that approximately 51.6 percent of all households in publicly supported housing are families with children. Comparing this with the rate of families with children in the total Corpus Christi population (44.9 percent) shown in HUD Table 1 in the Demographic Summary chapter suggests that families with children are slightly more likely to live in publicly supported housing than nonfamily households. PUBLICLY SUPPORTED HOUSING LOCATION AND OCCUPANCY a) Describe patterns in the geographic location of publicly supported housing by program category (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, HCV, and LIHTC) in relation to previously discussed segregated areas and R/ECAPs. HUD Map 5 below shows the geographic location of publicly supported housing by program category. According to the map, most of the publicly supported housing in Corpus Christi is in the north-central area, north of Horne Road and east of Airport Road, and the eastern area, around Glen Arbor Park. This corresponds with the location of all seven racially or ethnically concentrated areas of poverty (R/ECAP) tracts in Corpus Christi. According to HUD Map 5, seven public housing developments, two “Other Multifamily” developments, four project-based Section 8 developments, and three Low-Income Housing Tax Credit (LIHTC) developments are located within R/ECAP tracts, while many more developments in all categories of public housing are located nearby. Morningside Research and Consulting, Inc. 107 City of Corpus Christi 2017 Assessment of Fair Housing One of the highest concentrations of voucher units is in the west-central area, shown in the Segregation/ Integration chapter to be predominately Hispanic. Another area with a high concentration of voucher units is in the southeast, around Schanen Estates Park. HUD data indicate that this area has a majority Hispanic population but is relatively diverse. HUD Map 5. Publicly Supported Housing and Race/Ethnicity b) Describe patterns in the geographic location for publicly supported housing that primarily serves families with children, elderly persons, or persons with disabilities in relation to previously discussed segregated areas or R/ECAPs. Patterns in the geographic location of publicly supported housing for families with children, elderly person, and persons with disabilities can be observed by comparing the demographic composition of publicly supported housing developments with the information displayed on HUD maps. HUD data indicate that the developments with the highest percentages of families with children are Treyway/Leward, La Armada III, Lantana Square, and Mckinzie/Andy Alaniz. Treyway/Leward is in the southeast area of the city, La Amarda III is north of the center of the city, Lantana Square is northwest of the center of the city, and McKinzie/Andy Alaniz is in the northwest corner of the city. Although two of these developments, Treyway/Leward and La Armada III, are located in R/ECAPs, the others are relatively dispersed across Corpus Christi. This makes it difficult to draw definitive conclusions about whether publicly supported housing for families with children is located in segregated areas. As shown in HUD Table 15 above, the developments with the highest percentage of residents with a disability are those in the “Other Multifamily” category. This is likely because Section 811 housing, described by HUD as “Supportive Housing for Persons with Disabilities”, is included in this category. HUD data indicate that two of the largest developments of this kind are Jefferine Morningside Research and Consulting, Inc. 108 City of Corpus Christi 2017 Assessment of Fair Housing Lytle Estates, located in the north-central area of the city, and Henry Harbour Apartments, located in the southeast area of the city. Both of these developments are near R/ECAPs. c) How does the demographic composition of occupants of publicly supported housing in R/ECAPS compare to the demographic composition of occupants of publicly supported housing outside of R/ECAPs? HUD Table 7 below shows the demographic composition of occupants of publicly supported housing both inside and outside R/ECAPs. Of all publicly supported housing, 1,840 units (41.8 percent) are in R/ECAPS and 2,558 units (58.2 percent) are not in R/ECAPS. The data show that most units in the public housing category (units owned and managed by CCHA) are in R/ECAP tracts, while most units in project-based Section 8 vouchers, the “Other HUD Multifamily” category, and the HCV program are outside R/ECAP tracts. For public housing developments, units in R/ECAP tracts have a high percentage of Hispanic residents and families with children and a relatively low percentage of elderly residents and residents with a disability. For project-based Section 8 housing vouchers, units in R/ECAP tracts have a higher percentage of Hispanic and Black residents than in non-R/ECAP tracts. For housing in the “Other HUD Multifamily” category, no units are in R/ECAP tracts. For the HCV program, units in R/ECAP tracts have a higher percentage of families with children and a lower percentage of elderly residents and residents with a disability than in non-R/ECAP tracts. HUD Table 7. R/ECAP and Non-R/ECAP Demographics by Publicly Supported Housing Program Category Corpus Christi, Texas Total Number of units (occupied) Percent Non- Hispanic White Percent Black Percent Hispanic Percent Asian or Pacific Islander Percent Families with children Percent Elderly Percent with a disability Public Housing R/ECAP tracts 1,239 6.38% 9.98% 83.55% 0.00% 64.21% 12.79% 17.09% Non R/ECAP tracts 298 9.46% 12.50% 77.70% 0.34% 44.93% 33.11% 34.12% Project-based Section 8 R/ECAP tracts 379 4.25% 18.98% 76.49% 0.28% 50.14% 30.47% 21.88% Non R/ECAP tracts 1,331 22.63% 8.53% 67.36% 1.19% 43.95% 34.99% 23.04% Other HUD Multifamily R/ECAP tracts 0 n/a n/a n/a n/a n/a n/a n/a Non R/ECAP tracts 33 37.50% 0.00% 62.50% 0.00% 0.00% 47.37% 73.68% Morningside Research and Consulting, Inc. 109 City of Corpus Christi 2017 Assessment of Fair Housing Corpus Christi, Texas Total Number of units (occupied) Percent Non- Hispanic White Percent Black Percent Hispanic Percent Asian or Pacific Islander Percent Families with children Percent Elderly Percent with a disability HCV Program R/ECAP tracts 222 13.68% 14.53% 71.79% 0.00% 57.74% 10.88% 19.67% Non R/ECAP tracts 896 11.55% 16.53% 71.61% 0.32% 48.67% 25.82% 25.61% Source: A Picture of Subsidized Households (APSH), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. d) (1) Do any developments of public housing, properties converted under the RAD, and LIHTC developments have a significantly different demographic composition, in terms of protected class, than other developments of the same category? Describe how these developments differ. (2) Provide additional relevant information, if any, about occupancy, by protected class, in other types of publicly supported housing. Overall, properties converted under the Rental Assistance Demonstration (RAD) program and Low-Income Housing Tax Credit (LIHTC) developments have similar demographic composition. The February 2017 “List of Unit Reservations” document on the HUD RAD website indicates that four developments in Corpus Christi are receiving assistance under the RAD program.17 These developments are Wiggins Homes, La Armada I, La Armada III, and Clairelaine Gardens. As shown in HUD Table 8, these developments all have high concentrations of Hispanic residents, corresponding to the overall trend in publicly supported housing in Corpus Christi. La Armada III does have a notably high percentage of households with children, while Clairelaine Gardens has a notably low percentage of households with children. As shown in HUD Map 5 above, LIHTC developments in Corpus Christi are dispersed throughout the city. The demographic composition of occupants in these units is available from the State of Texas Department of Housing and Community Affairs. The most recent report is the 2015 Housing Sponsor Report, which shows that the majority of the residents in 19 of 21 properties for which data is available are Hispanic. The properties have a total of 2,648 units and all have some portion of the units adapted for special needs. These properties report serving 568 individuals with special needs. For LIHTC applications accepted in December 2017, the City of Corpus Christi is only offering resolutions of support for developments in City Council District 3, based on an analysis demonstrating the need for affordable housing in that geographic area. 17 “RAD CHAP Awardees and Reservations.” Portal.hud.gov. U.S. Department of Housing and Urban Development, 2017. Web. https://portal.hud.gov/hudportal/documents/huddoc?id=radreservations_021617.pdf. Accessed August 2017. Morningside Research and Consulting, Inc. 110 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 8 below shows the demographic composition of other publicly supported housing developments in Corpus Christi, including public housing units managed by CCHA, project-based Section 8 units, and other multifamily housing. In the public housing and project-based Section 8 categories, developments with high concentrations of Non-Hispanic White residents are Castle Manor, Laguna, and Coastal Haven; developments with high concentrations of Hispanic residents are Samuel Place Apartments, Ltd., La Armada I, and Hacienda Senior Apartments; developments with high concentrations of Black residents are Elliot Grant Homes and Palms at Leopard. In the other multifamily category, HUD only provides demographic data for two developments: Jefferine Lytle Estates, which has an overwhelming majority of Hispanic residents, and Henry Harbour, which has a slight majority of Non-Hispanic White residents. In the public housing and project-based Section 8 categories, developments with high concentrations of households with children are Treyway/Leeward, Lantana Square, and Mckinzie/Andy Alaniz, and developments with low concentrations of households with children are Sea Gulf Villa, Elliot Grant Homes, and Parkway/Ruthmary Price. In the other multifamily category, the only development for which data are available on these households is the Henry Harbour development, which has a low concentration of households with children. HUD Table 8. Demographics of Publicly Supported Housing Developments, by Program Category Public Housing Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children Treyway/Leeward 208 7% 13% 79% n/a 86% Clairelaine Gardens 186 4% 12% 84% n/a 22% Mckinzie/Andy Alaniz 80 7% 12% 82% n/a 81% La Armada Iii 100 9% 9% 83% n/a 80% D.N. Leathers I 122 11% 20% 69% n/a 59% Parkway/Ruthmary Price 122 10% 7% 83% 1% 11% Navarro Place 210 8% 11% 80% n/a 61% La Armada I 250 4% 8% 88% n/a 65% La Armada Ii 400 9% 8% 83% n/a 74% Wiggins Homes 158 6% 11% 83% n/a 63% Project-Based Section 8 Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children Castle Manor 61 63% 2% 27% 6% 52% 911 Glenoak 68 42% 12% 44% 2% 72% Palms At Leopard 120 2% 36% 61% 1% 60% Morningside Research and Consulting, Inc. 111 City of Corpus Christi 2017 Assessment of Fair Housing Gulfway Manor 151 6% 13% 81% n/a 70% Lulac West Park Apartments 124 13% 3% 85% n/a 63% Hacienda Senior Apartments 60 3% 10% 87% n/a n/a Coastal Haven 100 53% 3% 44% n/a n/a Hampton Port 110 12% 6% 81% n/a 62% Samuel Place Apartments 60 7% 4% 89% n/a 65% Arrowsmith 70 10% 6% 82% n/a 46% Lexington Manor 52 n/a n/a n/a n/a n/a Sea Gulf Villa 111 44% 6% 46% 1% 1% Lulac Village Park 152 7% 7% 86% n/a 74% Oso Bay Apartments 100 30% 6% 60% 4% 59% Country Estates 42 n/a n/a n/a n/a n/a Lantana Square 44 5% 10% 85% n/a 85% Casa De Manana 99 2% 21% 77% n/a 66% Elliot Grant Homes 40 2% 68% 30% n/a 3% Briarwood Apartments 140 24% 10% 63% 4% 32% Woodland Creek Apartments 94 12% 6% 82% n/a 77% Palacio Residencial 94 9% 1% 86% 3% n/a Laguna 47 60% 13% 24% n/a 13% Other HUD Multifamily Assisted Housing City of Corpus Christi, Texas Development Name Number of Units Non- Hispanic White Black Hispanic Asian or Pacific Islander Households with Children 1602 South Staples Housing 5 n/a n/a n/a n/a n/a Jefferine Lytle Estates 24 9% 9% 82% n/a n/a Henry Harbour 24 54% n/a 46% n/a 4% Riley Gardens 3 n/a n/a n/a n/a n/a Source: A Picture of Subsidized Households (APSH), as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. e) Compare the demographics of occupants of developments, for each category of publicly supported housing (public housing, project-based Section 8, Other HUD Multifamily Assisted developments, properties converted under RAD, and LIHTC) to the demographic composition of the areas in which they are located. Describe whether developments that are primarily occupied by one race/ethnicity are located in areas occupied largely by the same race/ethnicity. Describe any differences for housing that primarily serves families with children, elderly persons, or persons with disabilities. The demographics of most publicly supported housing units in Corpus Christi are similar to the areas in which they are located. As shown in HUD Map 5 above, most public housing developments in Corpus Christi are located in the center of the city. This area has a high concentration of Hispanic residents, particularly in the west-central neighborhoods, and a high Morningside Research and Consulting, Inc. 112 City of Corpus Christi 2017 Assessment of Fair Housing concentration of Black residents, particularly in the Hillcrest and Washington-Coles neighborhoods. As shown in HUD Table 6 above, Hispanic and Black residents make up the majority of public housing residents. Public housing developments currently being converted under RAD are all located in north- central Corpus Christi. This is an area with a high concentration of Hispanic residents, matching the composition of these predominately Hispanic developments. HUD Map 5 indicates that project-based Section 8 housing is more dispersed across the city, with developments in the central and southeast areas and along the eastern coast. HUD Table 8 above indicates that Non-Hispanic White residents are more concentrated in these coastal developments, which include Castle Manor Apartments, Laguna Apartments, and 911 Glenoak. The demographic composition of these developments corresponds with the general trend in Corpus Christi, with Non-Hispanic White residents being more likely to live on the coast and in these developments. The highest concentration of residents in the HCV program is in the northwest-central area of the city, a predominately Hispanic area. Units in the HCV program also have a high percentage of Black residents, as shown in HUD Table 6 above. However, as shown in HUD Table 5, the northeast area of the city, where many Black residents live in the Hillcrest and Washington-Coles neighborhoods, has few units in the HCV program. Units in the “Other HUD Multifamily” category are located in the north-central and southeast areas. Although these units have a higher concentration of Non-Hispanic White residents than the neighborhoods in which they are located, it is difficult to draw definitive conclusions about these units because they offer specialized care, including supportive services for elderly residents or residents with disabilities. LIHTC developments are more widespread, located in the northwest, west-central, and southeast areas. These areas have a high percentage of Hispanic residents. HUD Maps 14.1 and 14.2 in the Disability and Access Analysis chapter show the location of residents with disabilities in Corpus Christi. Most of these residents are concentrated in the southeast-central area of the city, slightly south of the location of most publicly supported housing developments. Developments with a high concentration of families with children are dispersed throughout the city: Treyway/Leeward is in the southeast area, Lantana Square is in the northwest-central area, and Mckinzie/Andy Alaniz is northwest of the city, in Arlington Heights. As shown in HUD Map 7.3 in the Disparities in Access to Opportunity chapter, areas of Corpus Christi with a high concentration of families with children are the northeast coast, the south side, and the northwest-central area. Morningside Research and Consulting, Inc. 113 City of Corpus Christi 2017 Assessment of Fair Housing DISPARITIES IN ACCESS TO OPPORTUNITY a. Describe any disparities in access to opportunity for residents of publicly supported housing, including within different program categories (public housing, project-based Section 8, Other HUD Multifamily Assisted Developments, HCV, and LIHTC) and between types (housing primarily serving families with children, elderly persons, and persons with disabilities) of publicly supported housing. HUD Map 5 shows that most publicly supported housing units in Corpus Christi are located in the north-central area of the city. This is an area shown to have low access to proficient schools and high exposure to poverty in HUD Maps 7.1 and 12.1 of the Disparities in Access to Opportunity chapter. Some project-based Section 8 and other multifamily developments are also in the southeast area of the city; HUD Map 8.1 in the same chapter shows that this is an area with low job proximity. The east-central area of the city also has a relatively high concentration of units in the HCV program; according to HUD data, HCV units represent 15.8 percent of households in census tract 7 and 8.0 percent of households in census tract 8. HUD Maps 9.1 and 12.1 in the Disparities in Access to Opportunity chapter indicate that this is an area with low labor market engagement and high exposure to poverty. ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about publicly supported housing in the jurisdiction and region, particularly information about groups with other protected characteristics and about housing not captured in the HUD- provided data. b) The program participant may also describe other information relevant to its assessment of publicly supported housing. Information may include relevant programs, actions, or activities, such as tenant self-sufficiency, place-based investments, or mobility 8 programs. The CCHA is currently working through the RAD program to improve the stock of publicly supported housing in Corpus Christi. According to HUD, this program allows housing authorities to “preserve and improve public housing properties and address the $26 billion dollar nationwide backlog of deferred maintenance” by converting public housing units to the Section 8 voucher program “so that providers may leverage the private capital markets to make critical improvements.”18 Four developments are currently being converted through this program: Wiggins Homes, La Armada I, La Armada III, and Clairelaine Gardens. A representative from CCHA 18 “Rental Assistance Demonstration.” HUD.gov. U.S. Department of Housing and Urban Development, n.d. Web. https://www.hud.gov/RAD. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 114 City of Corpus Christi 2017 Assessment of Fair Housing believes that this will allow for more flexibility in hiring private contractors, which will lead to more renovations and potentially increase the supply of available units. The CCHA also provides mobility counseling to help residents interested in moving to areas of opportunity in the city, providing information on poverty concentration, crime, schools, income, and jobs to help inform their decisions. The authority hopes to offer a program that will provide monthly classes on financial literacy and other topics that will prepare residents receiving housing choice vouchers to enter the rental market. Through this program, residents will have the opportunity to obtain a certification of their financial literacy that they can present to potential landlords. In 2017, the CCHA began the demolition of the D.N. Leathers public housing complex, located on 1001 Coke Street. Although residents were provided tenant-based vouchers and mobility counseling to help with their relocation, the inventory of affordable housing did not increase, limiting the supply of publicly supported units. CONTRIBUTING FACTORS OF PUBLICLY SUPPORTED HOUSING LOCATION AND OCCUPANCY Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of fair housing issues related to publicly supported housing, including Segregation, RECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each contributing factor that is significant, note which fair housing issue(s) the selected contributing factor relates to.  Admissions and occupancy policies and procedures, including preferences in publicly supported housing  Land use and zoning laws  Community opposition  Impediments to mobility  Lack of private investment in specific neighborhoods  Lack of public investment in specific neighborhoods, including services and amenities  Lack of regional cooperation  Occupancy codes and restrictions  Quality of affordable housing information programs  Sitting selection policies, practices and decisions for publicly supported housing, including discretionary aspects of Qualified Allocation Plans and other programs  Source of income discrimination  Other The following are contributing factors to publicly supported housing location and occupancy in Corpus Christi listed in priority order. Morningside Research and Consulting, Inc. 115 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF PUBLIC INVESTMENT IN SPECIFIC NEIGHBORHOODS, INCLUDING SERVICES AND AMENITIES Stakeholders believe that Corpus Christi is not proactive in neighborhood planning, noting that the city was without a planning department for nearly three years and only recently re- established one. Because of this, some neighborhoods in Corpus Christi do not receive the targeted attention that some stakeholders believe is necessary to overcome historical disparities. The newly formed planning department is currently working on creating area development plans to address the needs of nine specific areas of Corpus Christi: the northwest, downtown, midtown, west side, south side, Corpus Christi Airport, Flour Buff, the portion of North Padre Island located in City Council District 4, and London areas. On the west side, which has the highest concentration of publicly supported housing units, residents have low access to proficient schools and other public services. IMPEDIMENTS TO MOBILITY According to stakeholders, redeeming housing choice vouchers is difficult in Corpus Christi, often due to source of income discrimination from landlords. One stakeholder reported contacting 54 different housing developments in Corpus Christi and only receiving confirmation of availability for voucher holders from five. Although CCHA has implemented more mobility counseling, the planned conversion of more publicly supported units to the HCV program due to RAD will only increase the need for active measures in improving housing mobility. Stakeholders reported receiving outdated information about housing developments that would accept vouchers. LACK OF REGIONAL OR LOCAL COOPERATION Stakeholders mention that local policymakers are interested in publicly supported housing, but they are often not informed about the most effective uses of their resources. For example, although the City of Corpus Christi maintains a Type A Fund for affordable housing (paid for by a one-eighth cent sales tax), some stakeholders believe that the funds are not being spent in a way that best provides affordable housing opportunities. The Type A Fund has $500,000 to distribute on an annual basis; in 2015 and 2016, a total of $400,000 was given to the CCHA to rehabilitate one of its public housing complexes and bring seven previously unusable units back into the market. Although these funds provide some resources for improving publicly supported housing, more cooperation between local government, nonprofits, and the CCHA could ensure that resources are distributed appropriately and that policy intentions are aligned around common goals. COMMUNITY OPPOSITION Stakeholders report community opposition to the development of new publicly supported housing units that limits the supply and location of these units in Corpus Christi. In one instance, Morningside Research and Consulting, Inc. 116 City of Corpus Christi 2017 Assessment of Fair Housing according to a representative from CCHA, residents on the south side rejected a proposal for an affordable housing development at the intersection of Wooldridge Road and Quebec Drive, leading CCHA to sell the 14.5 acre plot. Stakeholders believe that because members of the community are not knowledgeable about affordable housing, they do not understand the benefits to the city of having a variety of housing options, and assume affordable units are low quality. According to stakeholders, this leads many residents to adopt a “Not in My Backyard” (NIMBY) attitude toward publicly supported units. Morningside Research and Consulting, Inc. 117 City of Corpus Christi 2017 Assessment of Fair Housing V.D. DISABILITY AND ACCESS A NALYSIS POPULATION PROFILE a) How are persons with disabilities geographically dispersed or concentrated in the jurisdiction and region, including R/ECAPs and other segregated areas identified in previous sections? U.S. Department of Housing and Urban Development (HUD) Maps 14.1 and 14.2 below show the geographic dispersion of persons with various types of disabilities in Corpus Christi. The dispersion of such persons follows the general population density; however, concentrations of persons with disabilities near the city center are higher as a percentage of the population than in other areas. These areas of higher concentration include, but are not limited to, the seven racially or ethnically concentrated areas of poverty (R/ECAPs) in the city. The west-central area (around Corpus Christi International Airport) is predominately Hispanic and does not appear to have a concentration of persons with disabilities; the northeast bay and the portion of North Padre Island in Council District 4 are predominately Non-Hispanic White and also do not appear to have disproportionately high concentrations of persons with disabilities. Each of the HUD tables and maps in this report are numbered according to the HUD Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. HUD Map 14.1 Disability by Type: Hearing, Vision, Cognitive Morningside Research and Consulting, Inc. 118 City of Corpus Christi 2017 Assessment of Fair Housing HUD Map 14.2 Disability by Type: Ambulatory, Self-Care, Independent Living b) Describe whether these geographic patterns vary for persons with each type of disability or for persons with disabilities in different age ranges for the jurisdiction and region. The Corpus Christi region consists of Nueces and San Patricio counties. Comparing HUD maps 14.1 and 14.2 above does not reveal an obvious difference in geographic dispersion for persons with different types of disability within the City of Corpus Christi. HUD Table 13 shows that for all types of disabilities under consideration, residents of Corpus Christi experience somewhat lower rates of disability than the region as whole. The largest difference is in the rate of ambulatory disability with 13,179 additional individuals with a disability in the region compared to the City of Corpus Christi. The smallest difference is in the rate of cognitive disability, which Corpus Christi residents experience at a rate nearly identical to that of the region. HUD Table 13 Disability by Type Corpus Christi, Texas Corpus Christi, Texas Region Disability Type Number Percent Number Percent Hearing difficulty 13,899 4.92% 20,912 5.27% Vision difficulty 10,222 3.62% 15,370 3.87% Cognitive difficulty 19,171 6.78% 27,216 6.86% Ambulatory difficulty 25,883 9.16% 39,062 9.85% Self-care difficulty 11,913 4.21% 17,408 4.39% Independent living difficulty 17,164 6.07% 25,457 6.42% Note 1: All percentages represent a share of the total population within the jurisdiction or region. Note 2: Data Sources: American Community Survey (ACS) Morningside Research and Consulting, Inc. 119 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 14 shows that Corpus Christi residents between the ages of 5 and 17 experience disabilities at a rate just higher than the region as a whole. City residents between 18 and 64 years of age and over 65 experience disabilities at a rate slightly lower than the region as a whole. The higher rates of disability among children and youth in the city as compared with the region may be related to better access to schools with accommodations for children who are disabled. HUD Map 15 suggests that children (aged 5 to 17) with disabilities are concentrated in and around the seven R/ECAPs identified in the city. HUD Table 14 Disability by Age Group Corpus Christi, Texas Corpus Christi, Texas Region Age of People with Disabilities Number Percent Number Percent Age 5-17 with Disabilities 4,837 1.71% 6,432 1.62% Age 18-64 with Disabilities 25,933 9.17% 37,793 9.53% Age 65+ with Disabilities 15,673 5.54% 24,491 6.17% Note 1: All % represent a share of the total population within the jurisdiction or region. Note 2: Data Sources: ACS HUD Map 15 Disability by Age Group HOUSING ACCESSIBILITY a) Describe whether the jurisdiction and region have sufficient affordable, accessible housing in a range of unit sizes. Stakeholders interviewed as part of the community participation process for the Corpus Christi Assessment of Fair Housing (AFH) believe that Corpus Christi has a lack of accessible housing for residents with disabilities. They pointed out that Corpus Christi has an older population and residents are aging into disabilities. Once an individual receives an accessible unit in public Morningside Research and Consulting, Inc. 120 City of Corpus Christi 2017 Assessment of Fair Housing housing, they typically stay for a very long time, and it is difficult to find open units for people transitioning out of institutions or others needing an accessible unit. Advocates for individuals with disabilities believe that the city does not prioritize the needs of disabled residents in planning efforts. Stakeholders report that CCHA has 91 accessible units and is currently the only source of permanent housing for residents with disabilities. Residents engaged in public participation noted that affordable housing is difficult to find in a range of unit sizes. Residents also discussed the need for increased assistance for home modifications for individuals who own their homes and have a disability or are aging into a disability. The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. These include 392 studio or one-bedroom units and 13 two-bedroom units which are publicly supported under the Section 8 and Section 202 programs and an additional 180 one- and two-bedroom units that are not publicly supported. Limited data are available on the characteristics of individuals with disabilities in Corpus Christi. However, a state-wide report from the Texas Workforce Investment Council shows that labor force participants with disabilities are less likely than labor force participants without disabilities to have a bachelors degree and that labor force participants with disabilities earn less income than labor force participants without disabilities at all education levels.19 U.S. Census data from the 2011-2015 ACS shows that 22.4 percent of the population with disabilities in Texas are below 100 percent of the federal poverty line compared to 16.6 percent of the population without a disability. Stakeholders during community participation noted that some individuals with disabilities cannot work or can only work on a limited basis; for these individuals Social Security Income (SSI) is their only source of income. SSI offers a fixed monthly income to adults or children with a disability and persons over the age of 65 who meet the financial limits. Stakeholders said that the fixed income is low and individuals with SSI as well as other individuals with disabilities who are not fully employed are in need of affordable housing programs in the city. b) Describe the areas where affordable accessible housing units are located in the jurisdiction and region. Do they align with R/ECAPs or other areas that are segregated? Data for the affordability and accessibility of all rental units by census tract are not available from the HUD Affirmatively Furthering Fair Housing (AFFH) tool for Corpus Christi. However, data are available on affordable, accessible housing provided through various publicly supported housing programs including public housing, project-based Section 8, Section 8 housing choice voucher 19 “People with Disabilities: A Texas Profile.” Texas Workforce Investment Council, June 2016. PDF. Web. https://gov.texas.gov/uploads/files/organization/twic/Disabilities_Profile.pdf. Accessed September 27, 2017. Morningside Research and Consulting, Inc. 121 City of Corpus Christi 2017 Assessment of Fair Housing (HCV) program, Low-Income Housing Tax Credit (LIHTC), and other multifamily properties which include properties funded through the Supportive Housing for the Elderly (Section 202), Supportive Housing for Persons with Disabilities (Section 811), Rental Housing Assistance (Section 236), Rent Supplement (Rent Supp), Rental Assistance Payment, and Below Market Interest Rates (BMIR) programs. HUD Map 5 below shows that Corpus Christi has 23 project-based Section 8 developments, four of which are located within R/ECAPs. The city has 10 public housing developments, seven of which are located in R/ECAPs. The city also has 17 LIHTC developments including both new construction and rehabilitation projects, of which five are located in R/ECAPs. One of the four other multi-family developments in the city is located in a R/ECAP. In total, 17 out of 54 (31.5 percent) of the publicly supported housing developments in Corpus Christi are located in a R/ECAP. The shading on the map shows that areas near the city center have the highest percentage of HCV units. The areas that show over 6.5 percent voucher units are consistent with the areas referred to as the north side and the west side by residents and stakeholders during community participation. Similarly, the areas with less than 2.1 percent voucher units are in the far northwest of Corpus Christi and on the south side, consistent with community input. Comparing HUD Map 5 below with HUD Map 7 in the disparities in access to opportunity chapter of this AFH shows that areas of the city where HCVs are accepted are not located near proficient schools, which was echoed in comments received during community participation activities for this AFH. HUD Map 5 – Public Housing Morningside Research and Consulting, Inc. 122 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 5 below shows the number of publicly supported housing units in Corpus Christi by program category. In total, the city has 5,216 publicly supported units across all categories, which represent about 4.4 percent of all housing units. HUD Table 5 Publicly Supported Housing Units by Program Category Corpus Christi, Texas Housing Units Number Percent Total housing units 118,475 - Public Housing 1,836 1.55% Project-based Section 8 1,939 1.64% Other Multifamily 56 0.05% HCV Program 1,385 1.17% Note 1: Data Sources: Decennial Census; A Picture of Subsidized Households (APSH) In addition, the City of Corpus Christi Human Relations Division, which administers the Fair Housing Assistance Program (FHAP), maintains a list of eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. These include 392 studio or one-bedroom units and 13 two-bedroom units which are publicly supported under the Section 8 and Section 202 programs and an additional 180 one- and two-bedroom units that are not publicly supported. Comparing Map V-6 of privately-owned affordable and accessible housing developments to the HUD maps of race/ethnicity and opportunity indicators shows that all of these developments are located in low opportunity neighborhoods and areas with a predominantly Hispanic population. Map V-6 Privately-owned Affordable and Accessible Housing Developments Morningside Research and Consulting, Inc. 123 City of Corpus Christi 2017 Assessment of Fair Housing c) To what extent are persons with different disabilities able to access and live in the different categories of publicly supported housing in the jurisdiction and region? HUD Table 15 below shows the extent to which persons with different disabilities are able to access and live in the different categories of publicly supported housing. The table indicates that roughly one in five project-based Section 8 or other public housing residents are persons with disabilities. Nearly one in four housing choice voucher (HCV) program participants, and nearly two-thirds of the city’s 43 “other multifamily” residents are persons with disabilities. The table suggests that nearly one-quarter of all publicly supported housing units in Corpus Christi are occupied by persons with disabilities. This is lower than Texas and the United States; according to the HUD public housing resident characteristics report for May 2016 through August 31 2017, 38.3 percent of residents in publicly supported housing in Texas, and 41.4 percent in the United States are persons with disabilities.20 However, according to five-year estimates from ACS (2011- 15), Corpus Christi has a somewhat larger proportion of residents with disabilities (13.9 percent) than Texas and the United States (11.6 percent each).21 Stakeholders believe that the CCHA does not have a sufficient number of accessible units available in publicly supported housing in Corpus Christi to meet the needs of the population with disabilities. In the community participation section, it is noted that public housing in Corpus Christi is out of date and needs updating to meet American with Disabilities Act (ADA) standards which may contribute to a lack of available units. The median income for individuals who are disabled in Corpus Christi is 78.2 percent of the median income of the general population of the city; this is a higher relative income than for individuals who are disabled in Texas (71.2 percent) or the United States (67.9 percent). It is also possible, then, that the higher relative income of residents with disabilities in Corpus Christi contributes to a lower percentage of residents with a disability living in public housing. 20 “Resident Characteristics Report.” hudaps.hud.gov. Department of Housing and Urban Development. Web. https://hudapps.hud.gov/public/picj2ee/Mtcsrcr?category=rcr_ttp&download=false&count=0. Accessed September 27, 2017. 21 2011-2015 American Community Survey 5-Year Estimates S1810. Morningside Research and Consulting, Inc. 124 City of Corpus Christi 2017 Assessment of Fair Housing HUD Table 15 Disability by Publicly Supported Housing Program Category Corpus Christi, Texas People with a Disability Publicly Supported Housing Type Number Percent Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 298 24.45% (Corpus Christi, Texas) Region Public Housing 312 20.38% Project-Based Section 8 403 22.81% Other Multifamily 28 65.12% HCV Program 447 24.47% Note 1: The definition of "disability" used by the Census Bureau may not be comparable to reporting requirements under HUD programs. Note 2: Data Sources: ACS INTEGRATION OF PERSONS WITH DISABILITIES LIVING IN INSTITUTIONS AND OTHER SEGREGATED SETTINGS a) To what extent do persons with disabilities in or from the jurisdiction or region reside in segregated or integrated settings? Persons with disabilities in Corpus Christi appear more likely to live in settings segregated by race or ethnicity, national origin, or limited English proficiency than the general population. According to the 2010 decennial U.S. Census data used for the HUD AFFH mapping tool, eight percent of the general population of Corpus Christi lives in the seven R/ECAPs in the city while 10 percent of persons with disabilities live in R/ECAPs. As discussed in the segregation/integration chapter of this AFH, the areas in and around the R/ECAPs are among the most segregated, with predominately Hispanic residents, many residents from Mexico, and many Spanish-speaking residents. b) Describe the range of options for persons with disabilities to access affordable housing and supportive services in the jurisdiction and region. A number of publicly supported housing programs and private developments in Corpus Christi provide access to affordable housing and supportive services for persons with disabilities. CCHA manages over 1,800 units and is currently accepting Section 8 project-based voucher waiting list applications for elderly, disabled and very low to extremely low-income families for the Sea Breeze Seniors Apartments (200 units) and Corban Townhomes (128 units). The CCHA HCV waiting list is currently closed. The HCV waitlist was last opened June 2015, when CCHA received 46,000 applications and randomly selected 1,000 to add to the waitlist. Of Morningside Research and Consulting, Inc. 125 City of Corpus Christi 2017 Assessment of Fair Housing the 1,261 HCVs in the CCHA inventory, 92 are categorized as “non-elderly disabled” (NED).22 NED vouchers serve disabled persons under the age of 62 who are living in an institution or a nursing facility but want to transition to living in their own home. Most recipients use their Section 8 benefits for apartments or single-family homes, but individuals with a disability can also use it to pay for a group home, shared housing, congregate housing, a room, or an assisted living facility.23 The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled with a total of 600 units. Representatives from Coastal Bend Center for Independent Living (CBCIL) participated in an interview and focus group for this report. CBCIL is a nonprofit that provides support services for individuals with disabilities in Corpus Christi. Their housing-specific services include home modification assistance and a Tenant Based Rental Assistance Program that provides short-term vouchers to individuals with disabilities who are waiting to access permanent subsidized housing. In addition to housing support, CBCIL provides community living assistance and case management, mobility services, healthcare navigation services, and other services. DISPARITIES IN ACCESS TO OPPORTUNITY a) To what extent are persons with disabilities able to access the following in the jurisdiction and region? Identify major barriers faced concerning: i. Government services and facilities ii. Public infrastructure (e.g., sidewalks, pedestrian crossings, pedestrian signals) iii. Transportation iv. Proficient schools and educational programs v. Jobs Most respondents to the resident survey conducted for this AFH describe the public areas and facilities in Corpus Christi as “somewhat accessible” and 17 percent describe them as “very accessible”. The barriers faced by individuals with disabilities include the following: G OVERNMENT SERVICES AND FACILITIES. Section 24-90 of the city code of Corpus Christi requires that any program or activity operated or contracted for by the city will provide reasonable accommodation to individuals with a disability. Currently, not all public facilities meet ADA standards. Plan CC, the recently updated comprehensive plan that creates a 20-year policy and strategic framework for the city, has a goal related to accessibility: “New or renovated buildings, facilities, and open spaces that are required to comply with ADA (Americans with 22 “Corpus Christi Housing Authority.” Affordable Housing Online,4/26/2017. Web. https://affordablehousingonline.com/housing-authority/Texas/Corpus-Christi- Housing-Authority/TX008 9/28/2017. 23 “Section 8 Vouchers – Special Cases.” Low-Income-Housing-Help, n.d. Web. https://low-income-housing-help.com/special-case-vouchers. 9/28/2017 Morningside Research and Consulting, Inc. 126 City of Corpus Christi 2017 Assessment of Fair Housing Disabilities Act) standards do comply.”24 One of the two strategies listed for decision makers in the city is to: “Support programs to meet all outstanding ADA deficiencies in public facilities.”25 P UBLIC INFRASTRUCTURE. Participants in the community participation component of this AFH often stated that public infrastructure is old and needs to be repaired, often referring to streets and sidewalks. By city ordinance, property owners are responsible for sidewalk maintenance. Occasionally small stretches of sidewalk are repaired or replaced by the city as part of a street project. A Residential Street Rebuild Program (RSRP) is presently under development as part of the Street Improvement Plan (SIP) for the city. The RSRP is intended to address the poor conditions of residential streets in Corpus Christi. T RANSPORTATION. The Corpus Christi Regional Transportation Authority operates 25 local bus routes which offer services to most areas in the central, east, and northeast portions of the city. However, large areas of City Council Districts 4 and 5 are not connected to public transit networks, making it challenging for individuals with disabilities to access services throughout the city. All Corpus Christi Regional Transportation Authority (CCRTA) buses are accessible and equipped with ramps or wheelchair lifts. Buses are capable of lowering the entrance door to make it easier for passengers to board the vehicle. Seating areas at the front of the bus are reserved for persons with disabilities and older adults requiring assistance with boarding and exiting the bus. Wheelchair securement areas are also located at the front of the bus. Automated systems or CCRTA operators must announce, at a minimum, all transfer points, major intersections, destination points, and other intervals along a route sufficient to permit individuals with visual or cognitive disabilities to be oriented to their location. In addition, the operator is required to announce any stop upon the request of the rider. Persons over the age of 60 years with a Medicare card or a disability qualify to apply for the CCRTA reduced fare program. Stakeholders interviewed during the community participation process for this AFH indicated that persons with disabilities have difficulty accessing transportation. In some cases, a bus stop for a CCRTA bus is not nearby or the route to the bus stop is not accessible. The B-line is a paratransit service that provides door-to-door transportation services for people with disabilities who qualify for service. However, advocates for individuals with disabilities noted that it can be inconvenient because service must be scheduled three days in advance. According to the B-line, no exceptions are granted to this scheduling requirement. 24 Plan CC Comprehensive Plan. p. 46. 25 Plan CC Comprehensive Plan. p. 46. Morningside Research and Consulting, Inc. 127 City of Corpus Christi 2017 Assessment of Fair Housing P ROFICIENT SCHOOLS AND EDUCATIONAL PROGRAMS. Corpus Christi has five public school districts. All are required through federal law under Section 504 of The Rehabilitation Act of 1973 to provide free and appropriate education for students with disabilities. Comparing HUD Map 5 in this chapter on availability of public housing in Corpus Christi to HUD Map 7, in the disparities in access to opportunities chapter of this AFH, of School Proficiency shows that areas where affordable, accessible housing is located do not have access to high proficiency schools in Corpus Christi. This disproportionately affects residents with disabilities who make up 13.9 percent of the population in Corpus Christi but close to a quarter of the residents living in publicly supported housing in the city. Additionally, HUD Map 15 suggests that school-aged children (ages 5 to 17) with disabilities are concentrated in and around the seven R/ECAPs identified in the city. J OBS. Five-year estimates from the ACS (2011-15) suggest that accessing work in the city may be difficult for persons with disabilities. The labor force participation rate among persons with disabilities is 45.1 percent. Among all residents 16 years and older in the city, the labor force participation rate is 65.0 percent.26 b) Describe the processes that exist in the jurisdiction and region for persons with disabilities to request and obtain reasonable accommodations and accessibility modifications to address the barriers discussed above. The City of Corpus Christi Housing and Community Development Department (HCD) has a minor home rehabilitation program funded through CDBG funds. This program provides minor home repairs (plumbing or minor structural repairs are allowed by the program) to citizens 62 or older or who are disabled and includes accessibility repairs or installments such as ADA-compliant showers and toilets and widening doorways. The city also provides funding to CBCIL which also assists clients with ADA-compliant ramps and home modifications. Individuals may apply for the modifications by contacting the city or CBCIL. Persons with disabilities who require additional assistance or a reasonable accommodation to access city services, programs, activities, and facilities may contact the city ADA Coordinator at least 48 hours in advance for assistance by telephone. The Trash and Recycle Pick-Up Service (TARPS) provides limited accommodation upon request by telephone to assist individuals who have a temporary/permanent disability or medical condition which prohibits them from pulling or pushing the garbage/recycling cart(s) to the curb on their designated pick-up days. Among the fair housing goals set by the CCHA is a goal ensuring accessible housing to persons with all disabilities regardless of unit size required. This goal is addressed by the policies laid out in the CCHA’s admissions and continued occupancy policy (ACOP). 26 United States Census Bureau 5 year estimate 2011-2015.. Morningside Research and Consulting, Inc. 128 City of Corpus Christi 2017 Assessment of Fair Housing As noted above, the B Line paratransit service for individuals with disabilities is available for those who qualify and must be arranged three days in advanced. Workforce Solutions of the Coastal Bend provides links and resources for persons with disabilities that include organizations that can help individuals find employment or income. c) Describe any difficulties in achieving homeownership experienced by persons with disabilities and by persons with different types of disabilities in the jurisdiction and region. In interviews and focus groups stakeholders discussed that development is occurring in underdeveloped areas outside of the city center. They noted that building affordable housing in surrounding rural areas does not benefit the disabled community, which relies on public transportation and needs affordable, accessible housing within the city where transportation is accessible. Stakeholders interviewed as part of the community participation process for the Corpus Christi AFH indicate that the highest volume of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. Individuals who age into a disability experience difficulty requesting modifications through private landlords and homeowners experience difficulty finding affordable services for home modification. Additionally, some of the public housing facilities are old and need modifications to comply with the ADA regulations. DISPROPORTIONATE HOUSING NEEDS a) Describe any disproportionate housing needs experienced by persons with disabilities and by persons with certain types of disabilities in the jurisdiction and region. As noted previously in this chapter, national and state-level data indicate that individuals with disabilities typically have lower average incomes than individuals without disabilities. Although local data are limited on the incomes of individuals with disabilities, stakeholders engaged in community participation for this AFH agree that individuals with disabilities in Corpus Christi are often disproportionately affected by the cost burden of housing. The disproportionate housing needs section of this AFH identifies several geographic areas of Corpus Christi where housing problems, such as cost burden, overcrowding, or substandard housing, are concentrated. These areas are the north-central, the west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as R/ECAPs. These areas correspond with the areas identified at the beginning of this chapter in HUD Map 5 where residents with all types of disabilities are more concentrated. This suggests that persons with disabilities may experience disproportionate housing needs in the city. Morningside Research and Consulting, Inc. 129 City of Corpus Christi 2017 Assessment of Fair Housing ADDITIONAL INFORMATION a) Beyond the HUD-provided data, provide additional relevant information, if any, about disability and access issues in the jurisdiction and region including those affecting persons with disabilities with other protected characteristics. b) The program participant may also describe other information relevant to its assessment of disability and access issues. Information from the resident survey conducted for the Corpus Christi AFH is relevant to disability and access issues in the city. Approximately 11 percent of respondents to the survey have someone with one or more disabilities living in their home, and 9 percent have at least one person over age 65 living in their home. Eight percent of respondents indicate that their residence has been modified for a disability. Some respondents paid for these modifications through a personal loan while others say that their apartments came with accessibility modifications. Most respondents (56 percent) report modified toilet seats in their residences; others say handicap showers are installed. Some residents (12 percent) say that they need accessibility modifications, specifying the need for widened doorways, modified bathrooms, and wheelchair ramps. Many respondents (65 percent) did not know how to request modifications to their residence for a disability. DISABILITY AND ACCESS ISSUES CONTRIBUTING FACTORS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the severity of disability and access issues and the fair housing issues, which are Segregation, R/ECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each contributing factor, note which fair housing issue(s) the selected contributing factor relates to.  Access for persons with disabilities to proficient schools  Access to publicly supported housing for persons with disabilities  Access to transportation for persons with disabilities  Inaccessible government facilities or services  Inaccessible public or private infrastructure  Lack of access to opportunity due to high housing costs  Lack of affordable in-home or community-based supportive services  Lack of affordable, accessible housing in range of unit sizes  Lack of affordable, integrated housing for individuals who need supportive services  Lack of assistance for housing accessibility modifications  Lack of assistance for transitioning from institutional settings to integrated housing Morningside Research and Consulting, Inc. 130 City of Corpus Christi 2017 Assessment of Fair Housing  Lack of local or regional cooperation  Land use and zoning laws  Lending discrimination  Location of accessible housing  Loss of Affordable Housing  Occupancy codes and restrictions  Regulatory barriers to providing housing and supportive services for persons with disabilities  Source of income discrimination  State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, shared housing and other integrated settings  Other The following are contributing factors to disability and access issues in Corpus Christi listed in priority order. LACK OF AFFORDABLE, ACCESSIBLE HOUSING IN A RANGE OF UNIT SIZES Corpus Christi has an aging population, with a growing number of residents with disabilities and low incomes. However, the city does not have enough affordable and accessible housing units to match the increasing demand. Stakeholders believe that people with disabilities are not regarded as a valued demographic and say that it is more profitable for developers to build new market- rate housing units in areas that are underdeveloped outside the core of the city. Stakeholders noted that provision of greater affordable housing units in the city center where there is higher access to public services such as transportation is important for individuals with disabilities and would help meet excess demand. LOCATION OF ACCESSIBLE HOUSING Most of the accessible housing units are located near the city center in the east and northeast areas of the city, represented on city documents as districts 1 and 3. These districts also offer the highest percentage of HCV units. The City of Corpus Christi Human Relations Division lists eight privately-owned affordable housing developments for persons who are elderly or disabled which are also primarily near the city center. CCHA also manages over 1,800 units and is currently accepting Section 8 Project-Based Voucher waiting list applications for the elderly, disabled and very low to extremely low-income families. Data is not available on where accessible housing exists through private landlords. Morningside Research and Consulting, Inc. 131 City of Corpus Christi 2017 Assessment of Fair Housing LACK OF ASSISTANCE FOR HOUSING ACCESSIBILITY MODIFICATIONS CBCIL provides accessible home modifications to low income people with disabilities. A note on the CBCIL website indicates that all services are contingent on funding availability. In 2015, CBCIL received a grant for $100,000 from the Community Development Block Grant (CDBG) Program to provide such modifications. Senior residents in focus groups noted difficulty getting assistance to install modifications to their homes. Many of them rely on their children to help them install modifications or install the modifications themselves. Quite a few respondents indicate that they need modifications to their residence for a disability but did not know how to request for them. STATE OR LOCAL LAWS, POLICIES, OR PRACTICES THAT DISCOURAGE INDIVIDUALS WITH DISABILITIES FROM LIVING IN APARTMENTS, FAMILY HOMES, SUPPORTIVE HOUSING, SHARED HOUSING AND OTHER INTEGRATED SETTINGS Section 24-90 of the code of ordinances for the City of Corpus Christi provides details to protect participation of individuals with a disability, consistent with requirements of federal and state laws and in compliance with the Americans with Disabilities Act. Stakeholders noted the lack of available accessible and affordable apartment units which may discourage some residents with disabilities from living in apartments. Stakeholders expressed that future development plans for Corpus Christi will likely have to be adjusted to accommodate more high density single-family residential and multi-family residential zoning. While Corpus Christi code allows congregate living for six or fewer residents as an acceptable use for a residentially zoned property, the development of congregate homes for seven or more individuals who are physically or mentally disabled would require land zoned for Public and Civic use. ACCESS TO PUBLICLY SUPPORTED HOUSING FOR PERSONS WITH DISABILITIES Corpus Christi has 5,216 publicly supported housing units and about 23 percent provide housing for persons with disabilities. Nationally 42 percent of residents in publicly supported housing have a disability and in Texas 38 percent have a disability. Corpus Christi has a higher proportion of residents with disabilities (13.9 percent) than the state and nation (11.6 percent each). Stakeholders noted that 91 accessible public housing units are available in Corpus Christi and that there is little turnover in these units resulting in long wait times for an accessible unit. Additionally, stakeholders noted that public housing infrastructure is dated and does not meet all ADA requirements. The quantity of individuals with disabilities and the proportion of public housing that is occupied by individuals with disabilities compared to state and national statistics along with stakeholder input suggests that persons with disabilities have lower access to public housing in Corpus Christi than their counterparts in Texas and the United States as a whole. Moreover, the highest volume Morningside Research and Consulting, Inc. 132 City of Corpus Christi 2017 Assessment of Fair Housing of fair housing complaints in Corpus Christi is regarding modifications for persons with disabilities. LACK OF AFFORDABLE IN-HOME OR COMMUNITY-BASED SUPPORTIVE SERVICES Despite a growing number of senior residents with disabilities in Corpus Christi, stakeholders do not think the city has sufficient services to provide in-home or community-based support to these residents. CBCIL provides community living assistance and support services to residents with disabilities; however, representatives noted that additional support services are needed. The city has eight accessible senior centers, three of which are located in City Council Districts 4 and 5 on the south side while the remaining are spread across the north and northeast parts of the city. Meals on Wheels provides congregate meals at each of the senior centers. Morningside Research and Consulting, Inc. 133 City of Corpus Christi 2017 Assessment of Fair Housing V.E. FAIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES ANALYSIS a) List and summarize any of the following that have not been resolved:  A charge or letter of finding from HUD concerning a violation of a civil rights-related law;  A cause determination from a substantially equivalent state or local fair housing agency concerning a violation of a state or local fair housing law;  Any voluntary compliance agreements, conciliation agreements, or settlement agreements entered into with HUD or the Department of Justice;  A letter of findings issued by or lawsuit filed or joined by the Department of Justice alleging a pattern or practice or systemic violation of a fair housing or civil rights law;  A claim under the False Claims Act related to fair housing, nondiscrimination, or civil rights generally, including an alleged failure to affirmatively further fair housing; or  A pending administrative complaints or lawsuits against the locality alleging fair housing violations or discrimination. As discussed earlier in this report, implementation is underway for the Texas Department of Transportation, City of Corpus Christi, Port Authority, and Corpus Christi Housing Authority agreement to mitigate the impacts on the Hillcrest and Washington-Coles neighborhood as a result of the planned construction of a new harbor bridge. The agreement includes voluntary relocation for more than 500 households, moving cost assistance, financial assistance for neighborhood churches and small businesses, improvements to the Dr. H.J. Williams Memorial Park in Hillcrest, and a new historic park in Washington-Coles. No other unresolved items relating to fair housing, nondiscrimination, or civil rights are pending for the City of Corpus Christi. The City of Corpus Christi Human Relations Division (CCHRD) is a HUD-certified Fair Housing Assistance Program (FHAP) responsible for investigating fair housing complaints and enforcing violations in Corpus Christi. Corpus Christi residents may present fair housing complaints to the U.S. Department of Housing and Urban Development (HUD), the Texas Workforce Commission (TWC), or the local FHAP office. The table below shows the number of cases filed by HUD and the number filed by the FHAP office for the years shown. A “case” refers to any formal complaint or claim that meets criteria for a fair housing complaint and is investigated. During this period, no cases were investigated by TWC. TWC will refer fair housing inquiries to the Corpus Christi FHAP if it is jurisdictional to that office. Morningside Research and Consulting, Inc. 134 City of Corpus Christi 2017 Assessment of Fair Housing The numbers in the table below do not include inquiries that do not meet the threshold elements of a complaint or claim. Fair Housing Cases FY Filed Number of Filed Cases HUD FHAP Total FY 2015 2 8 10 FY 2016 4 7 11 FY 2017 5 8 13 Total 11 23 34 Source: Texas Workforce Commission. In fiscal year 2017, the Corpus Christi FHAP office reported receiving 197 inquiries, opening 11 new cases, and closing 12 cases. Four of the cases closed were successfully conciliated. The difference between the TWC data and the FHAP data regarding new cases is unknown. The Corpus Christi FHAP office must meet performance metrics established by HUD. Guidance from HUD to FHAP offices dated February 23, 2017, indicates that the minimum requirements for a "reasonable number of complaints" processed for a city the size of Corpus Christi is 13 complaints annually. b) Describe any state or local fair housing laws. What characteristics are protected under each law? The following state and local laws are relevant to fair housing. TEXAS FAIR HOUSING ACT The Texas Fair Housing Act of 1993 prohibits discriminatory housing practices in the sale, rental, and financing of dwellings on the basis of race, religion, color, sex, national origin, disability (mental or physical), and familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman). The act is considered by the U.S. Department of Housing and Urban Development (HUD) to be substantially equivalent to the Fair Housing Act of 1968. State fair housing laws enable state government to enforce violations, rather than relying on federal enforcement. TEXAS SENATE BILL 267 Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prohibits municipalities and counties from adopting or enforcing any ordinance or regulation prohibiting property owners from refusing to lease or rent to a person on the basis of source of income, including funding from a federal housing assistance program. The legislation is presently being challenged in U.S. District Court on the basis of claims that it has disparate impact on minorities Morningside Research and Consulting, Inc. 135 City of Corpus Christi 2017 Assessment of Fair Housing and is therefore in violation of the Fair Housing Act of 1968. The law remains in force while under challenge. According to the 2013-2017 Corpus Christi Consolidated Plan, 75 percent of voucher holders in Corpus Christi are Hispanic, suggesting that this form of discrimination creates a disparate impact on individuals who are Hispanic. CORPUS CHRISTI CODE OF ORDINANCES Article III of the Corpus Christi Code of Ordinances protects the “right of each individual to provide for himself and his/her family a dwelling according to his/her own choosing.” The ordinance prohibits discrimination based upon race, color, sex, religion, disability (mental or physical), and familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman), or national origin. The ordinance is considered by HUD to be substantially equivalent to the Fair Housing Act of 1968. Local fair housing laws enable local government to enforce violations rather than relying on federal enforcement. CORPUS CHRISTI PROPERTY MAINTENANCE CODE Section 101 of the Corpus Christi Property Maintenance Code prohibits code enforcement on the basis of race, color, sex, religion, age, disability, national origin, sexual orientation, gender identity. This stipulation protects residents from being singled out for code enforcement activities including search and seizure, injunction, and court proceedings on the basis of the above characteristics. LAND USE AND ZONING LAWS The Corpus Christi Unified Development Code includes group homes for six or fewer residents as an acceptable principle use for a residentially zoned property. A group home for seven or more individuals who are physically or mentally disabled which is not considered a single-family residence falls under social service zoning in the Public and Civic Use Category. Group homes are common housing arrangements for individuals who are disabled and the availability of such living arrangements is important for such individuals to have access to housing opportunities. Map V-7 shows the Future Land Use map outlined in the 2015 comprehensive plan for Corpus Christi, entitled Plan CC. The map shows that high density single family residential and multi- family residential zoning is relatively sparse. Stakeholders interviewed for the Assessment of Fair Housing indicate that zoning changes are needed to allow for denser infill development, enabling multiple units to be built on single-family lots in residential neighborhoods, but generally believe that the city is receptive and easy to work with on changing zoning rules. Morningside Research and Consulting, Inc. 136 City of Corpus Christi 2017 Assessment of Fair Housing Map V-7 Future Land Use c) Identify any local and regional agencies and organizations that provide fair housing information, outreach, and enforcement, including their capacity and the resources available to them The following agencies and organizations provide fair housing information, outreach, and enforcement: TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION The Texas Workforce Commission Civil Rights Division (TWCCRD) serves as the state Fair Housing Assistance Program (FHAP) authorized to seek and grant relief, as well as initiate civil proceedings with respect to unlawful housing practices. TWCCRD may defer proceedings and refer complaints to a municipality which is certified by HUD as a FHAP; Corpus Christi has a certified FHAP office. CITY OF CORPUS CHRISTI HUMAN RELATIONS DIVISION The City of Corpus Christi Human Relations Division (CCHRD) is the HUD certified FHAP responsible for investigating fair housing complaints and enforcing violations. This certification makes CCHRD eligible for contribution funds from HUD for administrative costs, complaint processing, securing external partnership, special enforcement efforts, and training. Corpus Morningside Research and Consulting, Inc. 137 City of Corpus Christi 2017 Assessment of Fair Housing Christi is one of five local FHAP offices in the state of Texas. In fiscal year 2017, the department processed 197 inquiries, opened 12 cases, four of which were successfully conciliated. In addition to investigating complaints, FHAP office staff conduct outreach and attend community events to educate the community on fair housing issues. Between July 1, 2016, and July 1, 2017, FHAP office staff conducted 41 outreach activities, including attendance at 18 events. CORPUS CHRISTI HOUSING AUTHORITY The Corpus Christi Housing Authority (CCHA) has not yet adopted a final version of its 2017 – 2021 Five-Year Public Housing Agency Plan. The draft 2017 – 2021 Five-Year Public Housing Agency Plan notes four objectives with regard to ensuring equal opportunity and affirmatively furthering fair housing: ensuring access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability; ensuring access to a suitable living environment regardless of these characteristics; ensuring accessible housing to persons with all disabilities regardless of unit size required; and encouraging and counseling housing choice voucher (HCV) applicants to consider housing choices in high opportunity areas. The plan notes that these objectives are met through the CCHA admissions and continued occupancy policy (ACOP) document as well as educational HCV program briefings at initial lease and recertification. The ACOP includes CCHA nondiscrimination policies, policies related to persons with disabilities, improving access to services for persons with limited English proficiency, and occupancy standards. CATHOLIC CHARITIES OF CORPUS CHRISTI The housing counseling unit of Catholic Charities of Corpus Christi provides housing counseling including a range of services which promote family and individual self-sufficiency and neighborhood stability by eliminating educational, financial, and psychological/emotional barriers to successful home ownership. Fair housing education is among the services provided by the department. Morningside Research and Consulting, Inc. 138 City of Corpus Christi 2017 Assessment of Fair Housing ADDITIONAL INFORMATION a) Provide additional relevant information, if any, about fair housing enforcement, outreach capacity, and resources in the jurisdiction and region. b) The program participant may also include information relevant to programs, actions, or activities to promote fair housing outcomes and capacity. The resident survey conducted for this Assessment of Fair Housing is relevant to fair housing enforcement, outreach capacity, and resources in Corpus Christi. Seventeen percent of survey respondents indicate that they have been turned down for a mortgage. A majority believe that they were turned down because their credit score was too low, although seven residents believe their mortgage application was turned down for discriminatory reasons on the basis of familial status, religion, race/ethnicity, gender, or disability. Fifteen residents say their real estate agent did not show them all of the places they were interested in when looking for a house or condo to buy. Nine percent of respondents have experienced a rental application rejection, more than half of whom believe it was because of their low credit score. Twelve residents believe their rental applications were turned down for discriminatory reasons, on the basis of familial status, disability, race, or color. Others believe it was because of ethnicity: as one respondent writes, “When I called and used my Spanish surname I was told there were no units, 5 minutes later, using my Anglo maiden name, I was offered the apartment.” Out of 192 respondents, nine explicitly say that they have been discriminated against regarding access to housing, based on familial status, disability, race/ethnicity, or color. Another respondent reports having been turned down because they were previously homeless. Forty-eight percent of respondents say they do not know how to file a housing complaint, and many say they do not know who to talk to if they believe they have been discriminated against while looking for housing. Of the 190 residents who responded, 33.2 percent say they do not trust that a housing complaint would be addressed if they were to file one. Morningside Research and Consulting, Inc. 139 City of Corpus Christi 2017 Assessment of Fair Housing FAIR HOUSING ENFORCEMENT, OUTREACH CAPACITY, AND RESOURCES CONTRIBUTING FACTORS Consider the listed factors and any other factors affecting the jurisdiction and region. Identify factors that significantly create, contribute to, perpetuate, or increase the lack of fair housing enforcement, outreach capacity, and resources and the severity of fair housing issues, which are Segregation, R/ECAPs, Disparities in Access to Opportunity, and Disproportionate Housing Needs. For each significant contributing factor, note which fair housing issue(s) the selected contributing factor impacts.  Lack of local private fair housing outreach and enforcement  Lack of local public fair housing enforcement  Lack of resources for fair housing agencies and organizations  Lack of state or local fair housing laws  Unresolved violations of fair housing or civil rights law  Other LACK OF LOCAL PRIVATE FAIR HOUSING OUTREACH AND ENFORCEMENT Although the Corpus Christi FHAP conducts considerable outreach on fair housing issues and topics, and perhaps because of this, only Catholic Charities was identified as a private provider of fair housing outreach in the community. LACK OF STATE OR LOCAL FAIR HOUSING LAWS Texas Senate Bill 267, passed May 23, 2015 and signed into law on June 19, 2015, prevents municipalities from passing ordinances which prohibit source of income discrimination in rental housing. According to Affordable Housing Online, source of income discrimination is illegal in the District of Columbia, eight states, and many counties throughout the country. The State of Texas also does not provide statewide protections for housing discrimination based on sexual orientation, although the cities of Dallas, Austin, Fort Worth, and Plano have added this protection to local ordinance. The protection is also provided in the District of Columbia and at least 21 other states according to HUD. Morningside Research and Consulting, Inc. 140 City of Corpus Christi 2017 Assessment of Fair Housing VI Fair Housing Goals and Priorities Morningside Research and Consulting, Inc. 141 City of Corpus Christi 2017 Assessment of Fair Housing VI FAIR HOUSING GOALS AND PRIORITIES PRIORITIZATION OF C ONTRIBUTING FACTORS a) For each fair housing issue, prioritize the identified contributing factors. Justify the prioritization of the contributing factors that will be addressed by the goals set below in Question 2. Give the highest priority to those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance. The table below shows the fair housing issues that are discussed in this Assessment of Fair Housing (AFH). Contributing factors for each issue are shown in order of priority with justification given for the relative prioritization of each. Priority is indicated by rank, with “1” being the highest priority. Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Segregation/Integration 1. Location and type of affordable housing 2. Lack of public investments in specific neighborhoods, including services or amenities 3. Lack of community revitalization strategies 4. Displacement of residents due to economic pressures 5. Private discrimination 6. Source of income discrimination 7. Community opposition 1. Affordable housing in Corpus Christi is not evenly distributed throughout the city, and public housing units are concentrated in the north-central area of the city, especially in census tract 15. Because affordable housing is mostly in segregated areas instead of the northwestern Calallen area and the south side, the location of affordable housing can contribute to segregation. 2. Stakeholders say that services and amenities, including proficient public schools, are often concentrated on the south side of Corpus Christi, while many jobs are concentrated near refineries in the west and northwest. Because areas with jobs are mostly home to Hispanic and African American residents, financial pressures can further perpetuate segregation. 3. Stakeholders note that most development in Corpus Christi is occurring on the south side and the west side, rather than in areas with dilapidated homes like the north side and southeast. According to stakeholders, the city has historically had few tangible strategies for revitalization in racially or ethnically concentrated areas of poverty (R/ECAPs) and other areas in the north of the city. 4. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 5. Corpus Christi is located near many oil refineries, and the industrial environment can make nearby residential areas, including the historically segregated Hillcrest/Washington-Coles community, undesirable. This has been exacerbated by the proposed Harbor Bridge project, which would cut through these areas and displace many residents. 6. Texas Bill SB 267 allows landlords to turn down lease applicants who have Section 8 vouchers. This can contribute to segregation because it limits the housing choice of residents in segregated areas, as evidenced by the difficulty residents of the D. N. Leathers public housing complex had redeeming their vouchers in other neighborhoods after the complex was demolished. 7. Stakeholders believe that members of the community are not knowledgeable about affordable housing, which can create a “Not in My Backyard” (NIMBY) attitude that deters developers from building affordable housing and multi-family housing on the southern and northwest areas of the city. Morningside Research and Consulting, Inc. 142 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Lack of private investments in specific neighborhoods 3. Source of income discrimination 4. Private discrimination 5. Deteriorated or abandoned properties 1. Stakeholders mention that the city does not provide sufficient attention to the Washington-Coles and Hillcrest neighborhoods, designed as R/ECAPs. Although these areas are shown to have limited access to opportunity, some stakeholders believe the city does not make a deliberate effort to address this disparity. 2. Since many R/ECAPs are near industrial areas, residents in R/ECAPs can be affected by the operations of private companies, such as the Ergon Asphalt & Emulsions leak that disproportionately affected the water supply of R/ECAP residents. Stakeholders believe these companies should be more accountable for their environmental and economic effects. 3. Residents in R/ECAPs can face difficulty redeeming Section 8 vouchers due to source of income discrimination, which can limit their housing choice. 4. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 5. Stakeholders say that neighborhoods in the north and southeast areas of the city, including the R/ECAPs on U.S. Department of Housing and Urban Development (HUD) maps, are often home to low-quality, dilapidated properties. Disparities in Access to Opportunity 1. Location and type of affordable housing 2. Location of employers 3. Location of environmental health hazards 4. Location of proficient schools and school assignment policies 5. Lack of regional cooperation 6. Private discrimination 7. Source of income discrimination 8. Loss of affordable housing 9. Availability, type, frequency, and reliability of public transportation 1. Stakeholders agree that a shortage of affordable housing for both renters and homebuyers exists in Corpus Christi, with most affordable housing concentrated in the northern and western areas of the city. 2. According to HUD data, areas of Corpus Christi with high job proximity are generally associated with lower school proficiency. Employers are mostly located in the west and northwest of the city, along Interstate 37. 3. Corpus Christi is an area with heavy industry, including refineries and chemical plants. Stakeholders say that neighborhoods on the north and west side that are in close proximity to industry have issues with decreased property value and health concerns related to air and soil quality. 4. Stakeholders report that most good schools in Corpus Christi are concentrated in the south, while most jobs are concentrated in the west and northwest. HUD data show that residents of Mexican origin are concentrated in census tracts with lower school proficiency. 5. Stakeholders say that public officials have not made adequate efforts to educate communities on the benefits of affordable housing before launching a project. In addition, community engagement and communication relating to the Harbor Bridge project was considered inadequate by some stakeholders. 6. Comments received from stakeholders during interviews, focus groups, and survey responses, suggest that private discrimination based on protected class occurs in the City of Corpus Christi, which furthers segregation. 7. Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment. This can limit housing choice for residents in areas of low opportunity. 8. The proposed Harbor Bridge project led to displacement of residents from the 122-unit D.N. Leathers I public housing project. While this loss was offset with housing choice vouchers, other factors have contributed to difficulty for residents to find replacement housing. 9. Stakeholders say that although public transportation is available in the city, large areas of City Council Districts 4 and 5 are not connected to public transit networks. Morningside Research and Consulting, Inc. 143 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization Disproportionate Housing Needs 1. Lack of public investments in specific neighborhoods, including services or amenities 2. Lack of private investments in specific neighborhoods 3. Displacement of residents due to economic pressures 4. Source of income discrimination 5. Loss of affordable housing 1. After three years without a planning department, Corpus Christi re-established the department in February 2017. Although the new department is working on area development plans, some stakeholders believe the city has historically had few planning efforts targeted to communities with disproportionate need. 2. According to stakeholders, estimates of affordability can be skewed by the large variation in incomes in Corpus Christi, particularly from high earners who work at oil refineries near the city. Stakeholders say that this can discourage affordable housing development by giving a misleading indication of housing costs. 3. Projects such as the proposed Harbor Bridge have contributed to the displacement of residents in Corpus Christi; although affected residents successfully filed a civil rights complaint about the proposed project, the effectiveness of relocation programs remains to be seen. 4. Individuals using vouchers are often turned down by private landlords who do not accept them, limiting the housing choice of Corpus Christi residents. 5. The demolition of 122 units in the Leathers I public housing complex led to the displacement of many residents. Publicly Supported Housing Location and Occupancy 1. Lack of public investments in specific neighborhoods, including services of amenities 2. Impediments to mobility 3. Lack of regional or local cooperation 4. Community opposition 1. In the north-central area of the city, which has the highest concentration of publicly supported units, residents have low access to proficient schools and other public services. 2. According to stakeholders, redeeming housing choice vouchers is difficult in Corpus Christi, often due to source of income discrimination from landlords. Although the Corpus Christi Housing Authority (CCHA) has implemented some mobility counseling, the planned conversion of more units to voucher units will only increase the need for active measures for improving housing mobility. 3. Stakeholders mention that local policymakers are interested in publicly supported housing, but they are often not informed about the most effective uses of city resources. More cooperation between local government, nonprofits, and the public housing agency could ensure that resources are distributed appropriately and that policies are aligned around common goals. 4. Stakeholders report community opposition to the development of new publicly supported housing units that limits the supply and location of these units in Corpus Christi. Disabilities and Access 1. Lack of affordable, accessible housing in a range of unit sizes 2. Location of accessible housing 3. Lack of assistance for housing accessibility modifications 4. State or local laws, policies, or practices that discourage individuals with disabilities from living in apartments, family homes, supportive housing, 1. Stakeholders believe that residents with disabilities are not sufficiently valued and note that the limited supply of affordable and accessible units is not sufficient to meet the needs of individuals with disabilities and the aging population. 2. Most accessible housing units in Corpus Christi are located in the northeast section of the city (City Council Districts 1 and 3). 3. Focus group and survey participants noted the difficulty in getting assistance to install modifications to their homes, with several respondents indicating that they need modifications but do not know how to request them. 4. Although Section 24-90 of the code of ordinances for the City of Corpus Christi provides details to protect participation of individuals with a disability in compliance with the Americans with Disabilities Act, stakeholders note that future development plans for Corpus Christi will likely have to be adjusted to accommodate more high density single- family residential and multi-family residential zoning. 5. Twenty-three percent of publicly supported housing units in Corpus Christi provide housing for residents with disabilities, compared with38 percent of publicly supported units in Texas and 42 percent nationally. Stakeholders also note that the low rate of turnover for accessible units in Corpus Christi can lead to long wait times. 6. Despite a growing number of senior residents with disabilities in Corpus Christi, stakeholders do not think the city has sufficient services to provide in-home or community-based support to these residents. Services offered include community living assistance from the Coastal Bend Center for Independent Living (CBCIL) and eight accessible senior centers offering congregate meals from Meals on Wheels. Morningside Research and Consulting, Inc. 144 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Issues and Contributing Factors in the City of Corpus Christi Fair Housing Issues Contributing Factors (by priority level) Justification of Prioritization shared housing and other integrated settings 5. Access to publicly supported housing for persons with disability 6. Lack of affordable in- home or community- based supported service Fair Housing Enforcement, Outreach Capacity, and Resources 1. Lack of local private fair housing outreach and enforcement 2. Lack of state or local fair housing laws 1. Although the Corpus Christi FHAP conducts considerable outreach on fair housing issues and topics, and perhaps because of this, only one private provider of fair housing outreach was identified in the community. 2. Unlike some other states, Texas does not offer legal protection against source of income discrimination due to Texas bill S.B. 267. Texas also does not provide statewide protection for housing discrimination based on sexual orientation, although the cities of Dallas, Austin, Fort Worth, and Plano have added this protection to local ordinances FAIR HOUSING GOALS a) For each fair housing issue with significant contributing factors identified in Question 1, set one or more goals. Explain how each goal is designed to overcome the identified contributing factor and related fair housing issue(s). For goals designed to overcome more than one fair housing issue, explain how the goal will overcome each issue and the related contributing factors. For each goal, identify metrics and milestones for determining what fair housing results will be achieved, and indicate the timeframe for achievement. The table below shows the fair housing goals for the City of Corpus Christi based on the fair housing issues and contributing factors that are discussed in this AFH. Metrics, milestones, and corresponding timeframes are identified for each goal. Morningside Research and Consulting, Inc. 145 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants 1. Expand development of affordable housing in high opportunity, environmentally healthy areas of Corpus Christi.  Location and type of affordable housing  Deteriorated or abandoned properties  Lack of private investments in specific neighborhoods  Loss of affordable housing  Community opposition  Lack of affordable, accessible housing in a range of unit sizes  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Disabilities and Access  By the end of 2018, the city will meet with local non-profit service providers, regional housing developers, and other stakeholder, to develop a strategy for increasing the availability of affordable housing in Corpus Christi over the next 10 to 20 years.  By the end of 2019, the city will identify and prioritize incentives available to support affordable housing development in high opportunity areas.  By the end of 2019, the city will identify publicly-owned land in high opportunity, environmentally healthy areas that can be reserved for affordable housing, including land currently owned by CCHA.  By the end of 2019, the city will review the best use of Type A funds for housing and present recommendations to the City Council.  By the end of 2020, the city will identify reforms to land use and zoning regulations that will remove barriers to the development of affordable housing.  By the end of 2020, in preparation for a new AFH, the City of Corpus Christi will review patterns of segregation in the city and the policies and practices that have led to recent increases in segregation.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Planning Department  Local nonprofits  Residential housing developers  CHDOs Discussion: According to stakeholders, affordable housing in Corpus Christi is insufficient and is mostly concentrated in the northern and western areas of the city. Stakeholders note that the city lacks Community Development Corporation (CDCs) and Community Housing Development Organizations (CHDOs) that could coordinate affordable housing development. Stakeholders also report that a general lack of knowledge about affordable housing can lead to a significant “Not in My Backyard” (NIMBY) attitude toward affordable housing in some neighborhoods. 2. Educate landlords on fair housing issues and laws.  Source of income discrimination  Private discrimination  Lack of access to opportunity due to high housing costs  Impediments to mobility  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy  By the end of 2018, begin a marketing and education campaign to landlords about fair housing issues and laws.  By 2019, the city will develop a process to assist local property owners in completing the Affirmative Fair Housing Marketing Plan (AFHMP).  The city will continue to assist with relocation efforts for residents affected by the proposed Harbor Bridge project.  City of Corpus Christi Housing and Community Development Department  Corpus Christi Human Relations Division  Corpus Christi Housing Authority  Local property management Morningside Research and Consulting, Inc. 146 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants companies and associations  Non-profit organizations Discussion: Stakeholders report that tenant-based vouchers are frequently turned down because landlords do not accept vouchers as a form of payment, limiting housing choice. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. 3. Improve access to public services and amenities in low opportunity areas of Corpus Christi.  Lack of public investments in specific neighborhoods, including services or amenities  Lack of community revitalization strategies  Location of proficient schools and school assignment policies  Availability, type, frequency, and reliability of public transportation  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Disproportionate Housing Needs  Publicly Supported Housing Location and Occupancy  By the end of 2018, the city will identify and invite a representative from the public transportation provider to participate in on- going stakeholder meetings related to housing and economic development planning efforts.  By the end of 2019, the city will create a strategy to increase public transportation access for residents in City Council Districts 4 and 5.  By 2020, expand the area development planning initiative through the Corpus Christi Planning Department by completing existing plans and initiating additional planning processes in low opportunity areas.  By the end of 2021, the city will consider community revitalization strategies for at least three areas with low access to opportunity.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Planning Department  Corpus Christi Regional Transportation Authority Discussion: Public services and amenities are not evenly distributed throughout Corpus Christi. As shown in HUD data, proficient schools are on the south side of the city, but employment opportunities are mostly near the west side and “refinery row” on the north side. Public transportation is also available in the northern and western parts of the city but not in large parts of City Council Districts 4 and 5. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. 4. Increase the number of accessible housing units for people with disabilities.  Lack of affordable, accessible units in a range of unit sizes  Location of accessible housing  Access to publicly supported housing for persons with disability  Location and type of affordable housing  Disabilities and Access  Disparities in Access to Opportunity  By the end of 2019, complete an inventory of outstanding ADA deficiencies in city-owned facilities and develop a plan for bringing the properties into compliance.  By the end of 2019, increase the number of houses modified for people with disabilities through the CDBG housing rehabilitation program.  City of Corpus Christi Housing and Community Development Department  City of Corpus Christi Facilities Department Morningside Research and Consulting, Inc. 147 City of Corpus Christi 2017 Assessment of Fair Housing Fair Housing Goals for the City of Corpus Christi Fair Housing Goals Contributing Factors Fair Housing Issues Metrics, Milestones, and Timeframe for Achievement Responsible Program Participants Discussion: The limited supply of affordable and accessible units is not sufficient to meet the needs of individuals with disabilities and the aging population. Respondents to the resident survey note difficulties with getting assistance to install modifications to their homes, with several respondents indicating that they need modifications but do not know how to request them. 5. Engage in a public awareness campaign to reduce community resistance to affordable housing in high opportunity areas.  Lack of regional cooperation  Lack of public investments in specific neighborhoods, including services or amenities  Private discrimination  Community opposition  Lack of state or local fair housing laws  Lack of local private fair housing outreach and enforcement  Segregation/Integration  R/ECAPs  Disparities in Access to Opportunity  Publicly Supported Housing Location and Occupancy  Fair Housing Enforcement, Outreach Capacity, and Resource  By the end of 2018, the city will hold at least one public forum in the Hillcrest/Washington- Coles area to obtain input from local residents.  By the end of 2019, the city will meet with the Resident Advisory Board (RAB) of the Corpus Christi Housing Authority to gain input on fair housing issues in the city.  By the end of 2019, the city will work with local nonprofits, housing developers, and other stakeholders to develop a plan for improving communication with city residents on issues related to fair housing.  By the end of 2020, the city will engage in multiple public forums in high opportunity areas to engage with residents on the topic of affordable housing.  City of Corpus Christi Housing and Community Development Department  Corpus Christi Housing Authority  Corpus Christi Housing Authority Resident Advisory Board  Local nonprofits Discussion: Stakeholders say that, although policymakers in Corpus Christi are interested in fair housing issues, they are sometimes uninformed about the most effective use of city resources. Stakeholders believe this is because of a lack of regional cooperation and because residents are not sufficiently involved in the decision-making process, as evidenced by the proposed Harbor Bridge project that did not seek input from Hillcrest and Washington-Coles residents. Housing discrimination based on protected class was cited by a number of stakeholders during the public participation process. Morningside Research and Consulting, Inc. 148 City of Corpus Christi 2017 Assessment of Fair Housing APPENDIX: PUBLIC COMMENTS RECEIVED The attached table includes a summary of the comments received during the public hearing on October 10, 2017, and the public comment period from October 18, 2017 to November 20, 2017. The table indicates which comments were accepted and which were rejected. Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Housing changes as a result of Hurricane Harvey should be reviewed. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated. An extension should be granted for submission of the AFH.Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe City of Corpus Christi is not requesting an extension from HUD.How the Corpus Christi Housing Authority RAD conversion plans impact the AFH. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the Corpus Christi Housing Authority (CCHA) AFH.AFH should discuss Corpus Christi Public Housing Authority mobility counseling for residents.Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Will the City and the Corpus Christi Housing Authority work together on spending funds if CDBG‐DR funds are received?Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.YesAdditional detail regarding the impact of Hurricane Harvey  has been incorporated. Environmental concerns need to be adequately addressed. Texas Rio Grande Legal Aid, Comments during October 10, 2017 public hearing.NoSupplemental environmental data from the EPA has been used in the AFH. The suggested resources may be reviewed for inclusion in a subsequent AFH. This document is very close to excellent.  The consulting firm provided a very comprehensive look at the state of Fair Housing and affordable housing in the City of Corpus Christi. Issues discussed by stakeholders and in focus groups were  accurately reflected. The recommendations are realistic and very much in line with what many in our City have been saying is needed. Coastal Bend Center for Independent Living, email to the Director of the Corpus Christi Housing and Community Development Department, dated November 20, 2017.Yes No changes to the report  are needed. Housing goals should be more specificTexas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals have been revised to be more specific.AFH questions are not answered.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoAll AFH questions have been answered. More local data and analysis needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoLocal data available during the period in which the AFH was conducted is incorporated into the report as noted throughout the AFH. References to Mustang Island need clarification.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesReferences to Mustang Island have been clarified throughout the AFH.Need more data and analysis on the impact of Hurricane Harvey. Extension of submission should be requested.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.Summary of Outreach Activities, pg. 9.  Request extension to expand outreach as a result of Hurricane Harvey and get input on local impact of the hurricane.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe impacts of Hurricane Harvey on the affordable housing market and the housing needs of residents may be explored in the Consolidate Plan that is due to HUD in August 2018. Page 1 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Summary of Outreach Activities, pg. 9.  Issue more press releases about public input, including to Spanish‐language media. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail about outreach activities has been included in the report.Summary of Outreach Activities, pg. 9.  Overall participation was low. More outreach needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoSufficient effort was made during the course of the AFH to encourage participation and solicit input from the public. Survey responses were high relative to the population. Resident and stakeholder focus groups were well attended.  The City made a significant effort in line with efforts in other similarly sized jurisdictions despite the budget and time constraints for completing the AFH.Summary of Comments Received., pg. 12 and 58. Corrections recommended regarding details of Harbor Bridge mitigation agreement. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Corrections have been made as indicated.Community participation limitations, pg. 25. Demographic information on focus groups is not included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoNames and demographic information is not requested from focus group participants to ensure anonymity. The general characteristics of each focus group is described in considerable detail in the community participation section of the AFH.Community participation limitations, pg. 25. No specific information about how outreach could be improved.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesPage 25 does include information about how outreach could be improved. This has been expanded.Assessment of past goals and actions, pg. 29. More detail requested regarding the demolition of two apartment complexes. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThis comment refers to actions taken by the Corpus Christi Housing Authority and may be included in their AFH.School‐related policies, pg. 67‐68. Need local data in this section.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesA note has been added to the report to indicate that local school district transfer policies mirror the state policy.Environmental health index, pg. 62. More EPA data is needed and more data on highways.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoSupplemental environmental data from the EPA has been used in the AFH. The suggested resources can be reviewed for inclusion in a subsequent AFH. Environmentally healthy neighborhood opportunities, pg. 81. Future city action should be included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals and strategies have been modified.Hurricane Harvey, pg. 96. More information on the impact of the hurricane is needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.Page 2 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Hurricane Harvey, pg. 96. No data on the current demand for low‐income housing is included.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoDemand for affordable housing is covered extensively in the City of Corpus Christi Consolidated Plan, which will be updated in August of 2018; this update may include additional information on the impact of Hurricane Harvey on affordable housing.Disparities in Access to Opportunity, pg. 109. More details on RAD needed.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Disparities in Access to Opportunity, pg. 109. RAD conversion process needs clarification..Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Impediments to Mobility ‐ Source of Income Discrimination, p. 111. Need more information on how these effects will be lessened. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes The goals have been revised to address this comment.Housing Accessibility, pg. 114. Need more information on geographic location of affordable units.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes This information has been added to the report.Housing Accessibility, pg. 114. More information needed on reasonable accommodation.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThis is the responsibility of the CCHA and may be addressed in the CCHA AFH.Housing Accessibility, pg. 114. More information needed on number of people with disabilities who have applied for public housing and been denied due to a lack of units. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Transportation, pg. 120. More information is needed on travel time on bus routes. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoCalculating the information suggested would take an excessive amount of time and would unlikely change the conclusion reached that more frequent buses and more bus routes are needed.Transportation, pg. 120. More information is needed on paratransit service and the three‐day rule for scheduling a trip.YesA note has been added to the report to indicate that there are no expectations granted to the three‐day rule.Transportation, pg. 120. More information is needed on how bus routes impact mobility.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Additional information added to this section of the report.City of Corpus Christi Human Relations Division, pg. 129. More information requested, numbers seem low. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesAdditional information and clarification has been added to the report.Page 3 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?Corpus Christi Housing Authority, pg. 129. No information included on CCHA policies on victims of domestic violence. No information on CCHA notification policies, LEP policies, mobility counseling. Need information on policies to address NIMBY discrimination issues.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.Fair Housing Enforcement, Outreach Capacity, and Resources Contributing Factors, pg. 131. More info requested on fair housing outreach contributing factors. Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.Fair Housing Enforcement, Outreach Capacity, and Resources Contributing Factors, pg. 131. The AFH should include a discussion of more factors and explain how the factors impact fair housing issues.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.Fair Housing Goals, pg. 136. Goals 1 to 5 are too general.Texas Rio Grande Legal Aid Letter to the Director of the Corpus Christi Housing and Community Development Department dated November 15, 2017.Yes Goals have been modified to be more specific.I.1. AFH does not  identify media outlets used beyond city websites and social media accounts or describe any efforts made to reach the public beyond providing information to community stakeholders. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additions have been made to more fully explain the public outreach process.I.2. No discussion of how input was solicited from people with disabilities or how the meetings and survey were made accessible.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additions have been made to more fully explain the public outreach process.I.3 No detailed description of how outreach was designed to reach the LEP population. No indication that interpreters were provided at meetings and hearings, or that hearings or meetings were held in any language other than English.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditions have been made to more fully explain the public outreach process.I.4 No clear notice regarding how to access the data or the AFH DRAFT in a language other than English or in an accessible format.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesMaking the AFH available in a language other than English is not required by HUD. Cost is a prohibiting consideration. The survey and other materials and communication were made available in Spanish. The report has been revised to more fully suggest how community outreach can be improved in the future.I.5 Outreach and participation process was not designed to or did not succeed in eliciting meaningful participation from populations that are typically underrepresented in the planning process.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThis AFH solicited and incorporated extensive input from typically underrepresented populations and that input, from the community survey, the focus groups, and many reports and data sources available at the local level, is incorporated throughout the report. Page 4 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?I. 6. No analysis of survey responses by protected class, which elides differences in experience between populations, and does not identify which populations need specific types of fair housing outreach and education.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoA survey is not required to be conducted for an AFH but was conducted by the City to increase opportunities for community involvement. In the survey conducted by the City, questions were asked to identify several protected classes, including race/ethnicity, family size, disability, and sex. In addition, when asked if the respondent had experienced discrimination, the survey further asked the respondent to select the protected class that indicated the reason they believed they were discriminated against. The survey analysis in the AFH discusses the information that could be gleaned from the survey. I. 7. While the Draft AFH includes a summary of public comments received, it does not include a summary of any comments or views not accepted and the reasons why.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes This has been added.I. 8. The Draft AFH states that “[e]vacuation preparations for Hurricane Harvey began at the close of the survey period and no further attempts were made to solicit additional input.” According to the City’s Draft, the outreach process was incomplete.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThe report has been corrected to clarify that the public participation component of this AFH was fully complete prior to Hurricane Harvey.II. The AFH fails to include data, analysis, or public participation related to the impact of Hurricane Harvey.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional detail regarding the impact of Hurricane Harvey has been incorporated.III. The Assessment of Past Goals, Actions, and Strategies is InadequateTexas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesIncluding goals from the previous Consolidated Plan is not a HUD requirement and those previous affordable housing goals have been removed.IV. The AFH fails generally to use local data and local knowledge.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThis AFH solicited and incorporated extensive input from typically underrepresented populations and that input, from the community survey, the focus groups, and many reports and data sources available at the local level is incorporated throughout the report. IV. The Fair Housing Analysis fails to focus on private discrimination based on protected class status.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional detail and a contributing factor have been included in the report.IV. The Fair Housing Analysis does not analyze whether source of income discrimination is also operating as a proxy for discrimination against protected classes,Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesAdditional information has been added to indicate the disparate impact on protected classes.IV. The AFH fails to identify land use, zoning, and other policies and processes that have contributed to and reinforce segregation and disparities in access to opportunity. The AFH does not include an analysis of the land use and zoning policies and decisions that have resulted in the location of heavy industry in communities of color, depressing home values and subjecting residents to environmental hazards.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoHUD provides limited direction on the extent of the land use and zoning analysis. The AFH includes information on land use and zoning related to high‐density infill, group homes for individuals with disabilities, and future land use. The AFH also describes in detail the environmental issues faced by residents of the City. The next AFH may consider the extent to which the historical policies and processes have contributed to environmental hazards for residents. Page 5 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?IV. 1 . Integration and Segregation: Segregation had been decreasing since 1990, but the 2010 data indicates that segregation is increasing. There is no analysis of the reason for this trend, which appears to be regional as well.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Goals and strategies have been modified to address this.IV. 2. The City has included some historical context for present patterns of segregation. While the included historical information is not sufficient, we commend the City for including it. Historical context has been notably and completely absent from other Texas AFHs we have reviewed.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes No revision necessary.3. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs): This analysis should include more historical context about past decisions that have led to the current conditions in R/ECAPs, and more analysis of the process by which these decisions are made.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoWhile this would be a useful analysis for the City of Corpus Christi to conduct, further analysis is beyond the scope of the AFH.4. The draft repeatedly mentions “stakeholders” but does not generally specify within the responses to specific questions who those stakeholders are. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoIt is clear in the AFH that the stakeholders refer to participants in the public participation process. Identifying stakeholders by name, affiliation, or other characteristics could potentially identify people. Participants were told during the community participation process that they would not be identified individually in the report to allow them to speak freely.IV. 5. a. The analysis does not include local data or an analysis of how local school assignment and other policies impact local neighborhoods and protected classes.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017No Collecting this data is beyond the scope of the AFH. IV. 5. b. The AFH is clear that there is a connection between the location of jobs, the location of proficient schools, and access to public transportation. This connection is not addressed in the access to proficient schools analysis.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesRevisions made to the report to provide the information that is available.IV. 6. The AFH includes information about the prevalence of domestic violence in Corpus Christi. However, there is no analysis of “[d]isplacement of and/or lack of housing support for victims of domestic violence, dating violence, sexual assault, and stalking” as a contributing factor and discrimination based on sex is not addressed in general. There should be more analysis of this contributing factor, for example, a discussion of how the Public Housing Authority (PHA) is implementing protections put in place by the Violence Against Women Act (VAWA) in the publicly supported housing section.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThree additional contributing factors have been added to the report related to private discrimination, private fair housing outreach, and domestic violence.IV. 7. a. The AFH states that there is no HUD‐provided data showing the demographic composition of LIHTC developments. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThe AFH has been revised to include demographic information for LIHTC developments.IV. 7. b. The City’s failure to conduct a basic spatial analysis of the socioeconomic conditions of census tracts containing publicly supported housing and voucher holders downplays a pattern of segregation.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe CCHA is not a party to this AFH. This further information may be addressed in the CCHA AFH.Page 6 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?IV. 8. Improving the quality of housing stock does not address the fair housing issue, the location of affordable housing and disparate access to opportunity.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe City agrees that improving the quality of housing stock does not address fair housing issues. However, In this section of the AFH, the City is given the opportunity to provide "other information relevant to its assessment of publicly supported housing." The information on improving the quality of public housing stock and assisting residents with choosing new housing is relevant to understanding efforts to reduce the housing problems discussed later in the report.IV. 9. There is no information from residents or stakeholders about how the RAD process is proceeding and any potential fair housing issues.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH. IV. 10. There is no information about whether the mobility counseling CCHA provides is adequate or successful.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH.IV. 11. There is no analysis of policies and processes by which the City supports or opposes LIHTC applications under the State’s Qualified Allocation Plan (QAP). This is a critical contributing factor to the location of publicly supported housing.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Additional information has been added to the report.IV. 12. There is no discussion of whether public or private housing providers are providing reasonable accommodations for persons with disabilities. Nor does it describe or analyze the City or CCHA’s policies regarding reasonable accommodations, or how the City or CCHA notify residents that they can request reasonable accommodations.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe extent to which the City provides reasonable accommodation is included in the AFH for City facilities and services. A discussion of issues faced by survey respondents and participants in interviews and focus groups is included in the report, suggesting that public and private housing providers are not providing sufficient reasonable accommodation. A reference is made to the CCHA ACOP; further information about the CCHA may be included in their AFH. IV. 13. The AFH does not include information about the location of affordable accessible units and whether they are located in segregated areas or recaps. Nor does it describe the City or CCHA’s policies regarding reasonable accommodations.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThis analysis has been included in the AFH. The CCHA policies regarding reasonable accommodations may be addressed in their AFH.IV. 14. The fact that the City’s Comprehensive Plan includes as a goal, “[n]ew or renovated buildings, facilities, and open spaces that are required to comply with ADA (Americans with Disabilities Act) standards do comply,” is troubling. The AFH should include an analysis of which public facilities are not in compliance with the ADA and of the City’s process, including the inspection process, for ensuring that buildings, facilities, and open spaces are in compliance with the ADA.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes A goal has been added for the City to conduct this analysis.IV. 15. There is no analysis of complaint data from the Corpus Christi Human Rights Division, the Texas Workforce Commission, or HUD.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Complaint data from TWC and HUD have been added. IV. 16. The PHA section should include an evaluation of protection from discrimination based on sexual orientation, gender identity, or marital status under HUD’s Equal Access Rule.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017NoThe Corpus Christi Housing Authority is not included in this AFH. This is an issue that may be addressed in the CCHA AFH. Page 7 of 8 Reponses to Comments Received During the Public Comment Period By SourceComment Source of Comment Comments Accepted?If yes, how has the AFH been revised? If no, why have these comments been rejected?17. The AFH asserts that “[n]o unresolved items relating to fair housing, nondiscrimination, or civil rights are pending for the City of Corpus Christi.”42 As mentioned in other sections of the AFH, the City is party to a Four Party Agreement resolving a civil rights complaint to the Department of Transportation regarding the proposed Harbor Bridge Project. The AFH should include analysis of the implementation of this Agreement.Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017YesThis issue is discussed elsewhere in the report and the report has been revised to add this information in this section as well. It is beyond the scope of the AFH to analyze the implementation of the agreement.V. The Identification of Fair Housing Priorities, Goals, Strategies, and Actions is Inadequate. Multiple areas identified where metrics and milestones need to be more specific and concrete. Texas Appleseed/Texas Low Income Housing Information Service Letter Dated November 20, 2017Yes Goals and strategies have been modified.Page 8 of 8 GLO Contract No. 20-066-017-C123 Page 1 of 23 GLO CONTRACT NO. 20-066-017-C123 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM LOCAL BUYOUT/ACQUISITION PROJECTS HARVEY ROUND 1 FUNDING The GENERAL LAND OFFICE (“the GLO”), a Texas state agency, and CITY OF CORPUS CHRISTI, Texas Identification Number (TIN) No. 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 local Buyout and/or Acquisition 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 2 of 23 (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 $1,319,559.00, 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 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 3 of 23 (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. “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 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 4 of 23 “CDBG-DR” means the U.S. Department of Housing and Urban Development’s Community Development Block Grant Disaster Recovery program. “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. “Down-payment Assistance” means financial assistance provided under the Project to low- to moderate-income households to assist the households in purchasing residential properties in location outside of floodplains or Disaster Risk Reduction Areas. “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. “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. “GAAP” means “generally accepted accounting principles.” DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 5 of 23 “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. “Housing Unit” means one single-family dwelling or one unit in a multi-family residential complex. “HUD” means the United States Department of Housing and Urban Development. “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. “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), above, and Attachment A. “Project Guidelines” means a set of guidelines adopted by Subrecipient and approved by the GLO governing the implementation of the Subrecipient’s local Buyout and/or Acquisition projects under this Contract. “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. “Public Information Act” or “PIA” means Chapter 552 of the Texas Government Code. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 6 of 23 “Relocation Assistance” means monetary or other assistance provided under the Project to assist in the relocation of homeowners out of a floodplain or Disaster Risk Reduction Area. “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. “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. (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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 7 of 23 (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 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 8 of 23 2.03 VARIANCE Amendments to decrease or increase the subaward amount or to add or delete an Activity may be made only by 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 December 31, 2021 (“Contract Period”), or upon the completion of all 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 9 of 23 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. 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 10 of 23 If Subrecipient fails to submit to the GLO in a timely and satisfactory 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) Project Guidelines No later than the close of business sixty (60) days subsequent to the effective date of this Contract, Subrecipient must submit Project Guidelines 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, 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 11 of 23 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 12 of 23 (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 o therwise 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 13 of 23 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 14 of 23 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. 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 15 of 23 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 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 16 of 23 (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/. 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 17 of 23 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 duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer- employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of 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: 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 Street Corpus Christi, TX 78401 Attention: Keith Selman DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 18 of 23 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. 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 19 of 23 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, 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 20 of 23 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. (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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 21 of 23 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. 8.24 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., DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 22 of 23 meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and documentation of any technical assistance requested and/or provided. 8.25 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 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 Housing and Urban Development through the Community Development Block Grant Program.” 8.26 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. 8.27 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. 8.28 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E GLO Contract No. 20-066-017-C123 Page 23 of 23 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. 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: C255D453-1966-4528-AA27-363F1B1A591E SIGNATURE PAGE FOR GLO CONTRACT NO. 20-066-017-C123 SUBRECIPIENT LOCAL BUYOUT/ACQUISITION 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________________________ DD________________________ SDD______________________ DGC______________________ GC________________________ ATTACHED TO THIS CONTRACT: ATTACHMENT A Performance Statement, Budget, and Benchmarks 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: C255D453-1966-4528-AA27-363F1B1A591E Keith Selman 1/9/2020 Assistant City Manager 1/10/2020 Attachment A GLO Contract No. 20-066-017-C123 Page 1 of 2 CITY OF CORPUS CHRISTI 20-066-017-C123 PERFORMANCE STATEMENT City of Corpus Christi (Subrecipient) was overwhelmed by Hurricane Harvey. Heavy rainfall caused flooding of homes and streets and threatened public health, safety, and welfare. Subrecipient will conduct a Buyout program that targets homes that are the most vulnerable to 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. Subrecipient shall carry out the following housing Activities in strict accordance with the terms of Subrecipient’s approved Project Guidelines, the terms of this Contract and all Attachments, the GLO-approved Method of Distribution (MOD), and the requirements of the GLO Implementation Manual, as each may be amended over time. Each of these documents is incorporated by reference to this Contract. This Project will meet the following national objective(s): Low to Moderate Buyout and Urgent Need. The grant total is $1,319,559.00. 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). Project Description (Buyout) Subrecipient will provide a Buyout program for approximately ten (10) residential dwellings affected by Hurricane Harvey. Assistance will be provided to homeowners who are located in a floodplain or reside in a repetitive flood area and who agree to relocate to outside the floodplain or a location of reduced flood risk. The properties acquired with funds provided under this Contract may be used for green space or for an eligible use, as defined by the Federal Register (final use deed restriction must be recorded in perpetuity at closing) and the GLO Implementation Manual. Refer to the approved Project Guidelines for further technical guidance on the final use of the acquired property. An environmental review must be conducted and all Project locations must receive environmental clearance prior to the execution of any agreements with property owners that present choice- limiting actions1 or prior to the commencement of any physical work, including demolition work, on the properties. 1 The execution of an “option contract” with homeowners may be permitted if such an option contract is conditional on the receipt of required environmental clearance and in compliance with the GLO Implementation Manual. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment A GLO Contract No. 20-066-017-C123 Page 2 of 2 Project Budget Project costs generally include costs for purchases of the property, incentives, appraisals, legal/title work, and site-specific environmental reviews, and other reasonable approved costs. Project Delivery costs generally include costs for case management, applicant intake, and a broad environmental review, and other reasonable approved costs. The total Project Delivery costs will not exceed twelve percent (12%) of the total grant allocation. Cost Type Grant Award Other Funds Total Project Costs (at least 88%) $1,178,366.20 $0.00 $1,178,366.20 Project Delivery Costs (up to 12%) $141,192.80 $0.00 $141,192.80 TOTAL: $1,319,559.00 $0.00 $1,319,559.00 Benchmarks for Release of Project Delivery Funding The following Benchmarks must be achieved prior to Subrecipient being permitted to draw the associated amount of Project Delivery funding for this Contract. Benchmarks Caps for Charging Project Delivery Costs Incremental Cumulative Approval of Project Guidelines 15% 15% 15% of Project funds drawn by Subrecipient 15% 30% 25% of Project funds drawn by Subrecipient 15% 45% 50% of Project funds drawn by Subrecipient 15% 60% 75% of Project funds drawn by Subrecipient 15% 75% 100% of Project funds drawn/Activities closed by Subrecipient 20% 95% Grant Completion Report accepted 5% 100% DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 1 of 5 Previous Edition Usable Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 ASSURANCES – NON-CONSTRUCTION PROGRAMS OMB Approval No. 4040-0007 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 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, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other 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. 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 and 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 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. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION City of Corpus Christi DATE SUBMITTED SF-424B (Rev. 7-97) Back DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E 1/9/2020 Assistant City Manager Attachment B 1. GLO Contract No. 20-066-017-C123 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R. PART 87* Certification for Contracts, Grants, Loans, and Cooperative Agreements: The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME 1. City of Corpus Christi 20-066-017-C123 _____________________________________________________________________________________________ PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE _____________________________________________________________________________________________ SIGNATURE DATE _____________________________________________________________________________________________ * 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: C255D453-1966-4528-AA27-363F1B1A591E Assistant City Manager 1/9/2020 Keith Selman Attachment B 1. GLO Contract No. 20-066-017-C123 Page 4 of 5 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) DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment B 1. GLO Contract No. 20-066-017-C123 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 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 unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (4040-0013), Washington, DC 20503. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 1 of 8 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party’s rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. 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. If the Contract is for professional or consulting services governed by Texas Government Code Chapter 2254, Subrecipient represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the Contract, were former employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the Contract. 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 5 of 8 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 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 6 of 8 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. 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 7 of 8 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 compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment C 1. GLO Contract No. 20-066-017-C123 Page 8 of 8 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 1 of 4 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 2 of 4 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 3 of 4 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment D 1. GLO Contract No. 20-066-017-C123 Page 4 of 4 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). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 1 of 6 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 2 of 6 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 3 of 6 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 4 of 6 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 5 of 6 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 DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment E GLO Contract No. 20-066-017-C123 Page 6 of 6 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. DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment F GLO Contract No. 20-066-017-C123 Page 1 of 1 Intake Date Area Identifier Application Intake Date Last Name Middle Name First Name Latitiude (Decimal Degrees) Longitude (Decimal Degrees) Street Address City County Zip Code Colonia Name/Neighb orhood Household Income % Area Median Income LMI Category Race Hispanic (Yes or No) Household Members Under the Age of 18 (Yes or No) Disability (Yes or No) Veteran (Yes or No) Elderly (Yes or No) Female Head Of Household (Yes or No) Applicant Eligibility Status Ineligible or Withdrawn reasons Applicatio n ID Number From GLO NTP Issued Date Project Allocation Project Expensed Promissory Note Date Final InspectionD ate Project Status Applicant Name Damage Address Information AFFH Data Application Status Project Data Housing Monthly Activity Status Report Subrecipient Name Subrecipient Number Report Month and Year GLO Community Development and Revitalization Subrecipient Monthly Activity Status Report - Housing Subrecipient must provide Monthly Activity Status Reporting at the site level for all sites identified in the Performance Statement and Budget (Attachment A) and relevant to the Milestones (Attachment A) 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: DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 Page 1 of 3 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: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 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 GLO Data with any third parties. 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, administrat ive, 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: C255D453-1966-4528-AA27-363F1B1A591E Attachment G 1. GLO Contract No. 20-066-017-C123 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 affected 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: C255D453-1966-4528-AA27-363F1B1A591E Attachment H GLO Contract No. 20-066-017-C123 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 seperate 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: C255D453-1966-4528-AA27-363F1B1A591E Attachment H GLO Contract No. 20-066-017-C123 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: C255D453-1966-4528-AA27-363F1B1A591E SUPPORTING DOCUMENTS DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Open Market Requisition X0020402 Status: 1RRP - Ready for Purchasing General Items Vendors Address Accounting Routing Attachments(6)Notes(2)Reminders Header Information Requisition Number:X0020402 Short Description:Harvey 5B Local Buyo0ut CBCOG Corpus Christi 20-066-017-C123 Status:1RRP - Ready for Purchasing Organization:Texas General Land Office and Veterans Land Board Department:26000 - Community Development and Revitalization Location:26104 - Housing - Subrecipients Required By Date: Entered Date:10/23/2019 Requisition Type:Open Market Type Code: Requestor:Susan Morgan Purchaser:Mahsa Azadi Fiscal Year:2020 Contact:Susan Morgan Contact Phone:(512)475-5094 Alternate ID:20-066- 017-C123 Estimated Cost:$1,319,559.00 Print Format:Requisition print form Solicitation Enabled:No Invoice Method: Three Way Match P-Card Desired:No Ship-to Address:Texas General Land Office and Veterans Land Board Stephen F Austin Building 1700 North Congress Ave Room B-30 Contact Name: Chris Symons Austin, TX 78701-1495 USA Email: chris.symons@glo.texas.gov Phone: (512)463-8264 Bill-to Address:Texas General Land Office Commuity Development and Revitalization Contact Name: Bonnie Kuhles PO Box 12873 Austin, TX 78711-2873 USA Email: DR.Billing@glo.texas.gov Phone: (512)475-5095 Notes: Name - CORPUS CHRISTI TIN - 17460005741 DUNS - 0694577860 Interim City Manager Keith Selman 1201 Leopard Corpus Christi, Texas 78401 361-826-3220 keithse@cctexas.com Project contract: Judy Langford 512-452-0432 judy@lcmsinc.com NAME: Corpus Christi AMOUNT: $1,319,559.00 DESCRIPTION: NEW GLO Contract 20-066-017-C123 FUNDING: Hurricane Harvey Buyout EFFECTIVE DATE: Upon date of last signature END DATE: 2 years from date of last signature JUSTIFICATION: Hurricane Harvey Buyout ASSOCIATED AMENDMENTS: NONE GRANT MANAGER: Natasha Valentine Summary Vendor Validation Warnings No recommended vendor. Item # 1: No vendor, and there is no recommended vendor at header level. Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 1 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Attachments   Agency Files: CorpusChrisi Buyout 424 Form.pdf CorpusChristi-HVBP_DRGRBudget_NV_2019-10-22.pdf Coastal Bend COG MOD Summary Page~3.pdf Corpus Christi-HVBP_FNL-AttA_NV_2019-10-22.docx Corpus Christi Duns.pdf RE_Contract_ New BSO Request HV1 Corpus Christi Buyout.pdf Agency Forms: Vendor Files: Vendor Forms: Item Information  Approval Paths Approval Path - DIR26104 - ( Housing Subrecipient Director Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 1 Cynthia Hudson Esmeralda Sanchez 1 10/23/2019 04:03 PM 10/25/2019 09:02 AM Approved (Cynthia Hudson) Approval Path - DEP26000 - ( Community Development and Revitalization Deputy Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 2 Heather Lagrone Jet Hays 1 10/25/2019 09:02 AM 10/31/2019 02:23 PM Approved (Adrienne Green) Approval Path - CDR26000 - ( CDR Finance Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 3 Jeffrey Jandt Bonnie Kuhles 1 10/31/2019 02:23 PM 11/01/2019 03:39 PM Approved (Jeffrey Jandt) Approval Path - BUDGET - ( Budget Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 2 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E 4 Kevin Wallace Adel Barrientos Amy Minor Gayle Eiben Jason Storey Paul Botello Sarah Clawson Susan Dow Valerie Hooper 1 11/01/2019 03:39 PM 11/01/2019 03:46 PM Approved (Kevin Wallace) 5 Angie Williams Brent McNguyen 2 11/01/2019 03:46 PM 11/01/2019 04:00 PM Approved (Angie Williams) Approval Path - CHIEF - ( CHIEF Clerk Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 6 David Repp Warren Collier 1 11/01/2019 04:00 PM 11/04/2019 09:01 AM Approved (David Repp) 7 Mark Havens 2 11/04/2019 09:01 AM 11/04/2019 10:13 AM Approved (Mark Havens) Approval Path - PROCURE - ( Procurement Approval ) Delete Order Sequence Approver Alternate Approver Level Date Requested Date Action Comments 8 Suzanne Loy 1 11/04/2019 10:13 AM 11/04/2019 10:21 AM Approved (Kenneth Maze) Cancel Requisition Clone Requisition Print Copyright © 2019 Periscope Holdings, Inc. - All Rights Reserved. default Search...Advanced.Catalog + Current Org: Texas General Land Office and Veterans Land Board   |   November 4, 2019 11:24:43 AM CST Page 3 of 3BuySpeed Online 11/4/2019https://buy.glo.texas.gov/bso/requisition/reqSummary.sdo?docId=X0020402&mode=initial DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Total Required Required Required Required Required Required City, County or Eligible Entity Allocation Percentage of Allocation Allocation Percentage of Allocation Total Allocation Percentage of Total Regional Allocation 70% Low-to-Moderate Income Benefit Requirement Most Impacted HUD Aransas County $1,666,063 4.85%53,860,274.00 42.81%$55,526,337 34.66%$38,868,436 City of Rockport $7,586,624 22.07%8,320,696.00 6.61%$15,907,320 9.93%$11,135,124 City of Fulton $1,148,014 3.34%4,759,465.00 3.78%$5,907,479 3.69%$4,135,235 Nueces County $1,307,268 3.80%4,644,430.59 3.69%$5,951,698 3.72%$4,166,189 City of Port Aransas $2,831,316 8.24%4,930,189.98 3.92%$7,761,506 4.85%$5,433,054 City of Corpus Christi $1,319,559 3.84%7,234,755.43 5.75%$8,554,314 5.34%$5,988,020 City of Robstown 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Bishop 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Petronila 0.00%100,000.00 0.08%$100,000 0.06%$70,000 San Patricio County $1,590,140 4.63%2,037,215.00 1.62%$3,627,355 2.26%$2,539,148 City of Sinton 0.00%475,228.00 0.38%$475,228 0.30%$332,660 City of Mathis 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Odem 0.00%432,863.00 0.34%$432,863 0.27%$303,004 City of Portland 0.00%2,540,072.00 2.02%$2,540,072 1.59%$1,778,050 City of Gregory 0.00%100,000.00 0.08%$100,000 0.06%$70,000 City of Taft 0.00%283,664.00 0.23%$283,664 0.18%$198,565 City of Aransas Pass $2,795,919 8.13%10,696,302.00 8.50%$13,492,221 8.42%$9,444,555 City of Ingleside $1,215,968 3.54%1,954,326.00 1.55%$3,170,294 1.98%$2,219,206 City of Ingleside on the Bay 0.00%100,000.00 0.08%$100,000 0.06%$70,000 Town of Refugio $6,039,685 17.57%$6,039,685 3.77%$4,227,780 Most Impacted State Kleberg County $1,384,055 4.03%$1,384,055 0.86%$968,839 Jim Wells County $1,320,559 3.84%$1,320,559 0.82%$924,391 Refugio County $2,510,786 7.30%11,957,845.00 9.51%$14,468,631 9.03%$10,128,042 Town of Refugio 8,419,112.00 6.69%$8,419,112 5.26%$5,893,378 Town of Woodsboro 1,245,322.00 0.99%$1,245,322 0.78%$871,725 Town of Austwell 591,701.00 0.47%$591,701 0.37%$414,191 Town of Bayside 720,132.00 0.57%$720,132 0.45%$504,092 Bee County $1,659,739 4.83%100,645.00 0.08%$1,760,384 1.10%$1,232,269 $34,375,695 100.00%125,804,238.00 100.00%$160,179,933 100.00%$112,125,953 Low-to- Moderate Income Benefit Requirement COG: Coastal Bend Council of Governments Required Local Buyout and Acquisition Program Local Infrastructure Program Discussion Draft Based on IA Claims, Vulnerability Index, and Unmet Needs DocuSign Envelope ID: C255D453-1966-4528-AA27-363F1B1A591E Certificate Of Completion Envelope Id: C255D45319664528AA27363F1B1A591E Status: Completed Subject: $1.3M Contract 20-066-017-C123 - City of Corpus Christi (Texas GLO) Source Envelope: Document Pages: 62 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 6 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: 204.65.210.35 Record Tracking Status: Original 12/3/2019 12:04:09 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: 204.65.210.79 Sent: 12/3/2019 12:24:28 PM Resent: 12/3/2019 12:45:26 PM Resent: 12/3/2019 1:59:49 PM Viewed: 12/4/2019 1:30:51 PM Signed: 12/4/2019 1:47:23 PM 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: 204.65.210.101 Sent: 12/4/2019 1:47:27 PM Viewed: 12/4/2019 2:41:36 PM Signed: 12/4/2019 2:42:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Heather Lagrone heather.lagrone.glo@recovery.texas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.219.170 Signed using mobile Sent: 12/4/2019 2:42:42 PM Viewed: 12/4/2019 6:48:54 PM Signed: 12/11/2019 7:30:25 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Greg Pollock greg.pollock@glo.texas.gov Senior Deputy Director Texas General Land Office Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.219.149 Signed using mobile Sent: 12/11/2019 7:30:30 AM Viewed: 12/11/2019 7:37:54 AM Signed: 12/11/2019 7:38:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp 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: 12/11/2019 7:38:16 AM Viewed: 12/11/2019 8:22:29 AM Signed: 12/11/2019 8:31:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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: 204.65.210.61 Sent: 12/11/2019 8:31:06 AM Viewed: 12/11/2019 8:39:51 AM Signed: 12/11/2019 8:39:58 AM 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: 165.225.34.228 Sent: 12/11/2019 8:40:04 AM Resent: 12/16/2019 8:58:42 AM Resent: 12/27/2019 10:48:11 AM Resent: 1/6/2020 8:55:33 AM Resent: 1/9/2020 9:32:38 AM Viewed: 1/9/2020 9:50:27 AM Signed: 1/9/2020 9:58:16 AM 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: 204.65.210.46 Sent: 1/9/2020 9:58:21 AM Viewed: 1/10/2020 1:28:41 PM Signed: 1/10/2020 1:28:44 PM 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: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Drafting Requests draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride kelly.mcbride@glo.texas.gov Director of Contract Management Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 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: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign LaTanya Logan LaTanya.Logan@glo.texas.gov Contract Specialist III Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mahsa Azadi Mahsa.Azadi@glo.texas.gov Contract Specialist Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/3/2019 12:24:27 PM Viewed: 1/10/2020 1:40:36 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: 12/4/2019 1:47:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting Team DR.SystemAccess@glo.texas.gov Security Level: Email, Account Authentication (None) Sent: 12/4/2019 1:47:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Cynthia Hudson cynthia.hudson.glo@recovery.texas.gov Infrastructure Manager Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/4/2019 1:47:28 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Trey Bahm Trey.Bahm.GLO@recovery.TEXAS.GOV Texas General Land Office Security Level: Email, Account Authentication (None) Sent: 12/4/2019 2:42:42 PM Viewed: 12/4/2019 2:44:43 PM 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: 12/11/2019 7:30:30 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: 12/11/2019 8:31:06 AM 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: 12/11/2019 8:40:02 AM 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: 12/11/2019 8:40:02 AM 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: 12/11/2019 8:40:04 AM Viewed: 12/11/2019 9:35:37 AM 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: 1/10/2020 1:28:49 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB HUB@glo.texas.gov Security Level: Email, Account Authentication (None) Sent: 1/10/2020 1:28:49 PM 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: 1/10/2020 1:28:51 PM 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: 1/10/2020 1:28:52 PM 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: 1/10/2020 1:28:54 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: 1/10/2020 1:28:54 PM 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: 1/10/2020 1:28:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/10/2020 1:28:55 PM Certified Delivered Security Checked 1/10/2020 1:28:55 PM Signing Complete Security Checked 1/10/2020 1:28:55 PM Completed Security Checked 1/10/2020 1:28:55 PM Payment Events Status Timestamps Council Presentation February 9, 2021 Acceptance of Community Development Block Grant-Disaster Recovery (CDBG-DR) Grant and Voluntary Buyout Program 1 2 CDBG-DR •Grant is available through the Texas General Land Office (GLO), through its Community Development and Revitalization Program. •Post Hurricane Harvey, the City of Corpus Christi applied for a CDBG-DR Grant on 1/15/2019. •City of Corpus Christi awarded $1,319,559.00 on 1/9/20. •Creation of a 1-year Voluntary Buyout Program (VBP) to identify and buy out the most impacted areas within the city limits. •The City is proposing areas impacted by Harvey that have been designated as target buyout areas. 3 CDBG-DR continued •Draft VBP Guidelines approved by GLO on 5/19/20 •Public Comments period published on 9/6/2020 and again on 9/27/20 – Four (4) received •Final VBP Guidelines approved on 12/27/20 •5-10 residential structures •Voluntary buyout and Demolition of the residential structure •Project sites to be maintained as green space/floodways 4 Repetitive Loss/Severe Repetitive Loss 5 VBP Objectives • Efficiently remove repetitive loss, severe repetitive loss, and otherwise vulnerable housing from regulatory floodways while assisting homeowners with the process of purchasing safe replacement homes outside of the areas of hazard. • Prioritize households in which members are under the age of 18, female heads of household, elderly and disabled households, households which are LMI income eligible, and/or Veteran populations while affirmatively furthering fair housing. • Emphasize replacement housing choices and designs to reduce maintenance and insurance costs, as well as provide the provision of independent living options. 6 VBP Schedule Date Action 9/1/2020 Program Guidelines Posted for Public Comment 10/15/2020 Program Guideline Public Comment Period Closed 1/26/2021 Open Application Intake 3/15/2021 Close of Application Intake 4/30/2021 Proposed Date for Initiation of Offers 5/30/2021 Proposed Date of Offer Acceptance Deadline 7/31/2021 Proposed Date of Closing Deadline 9/30/2021 Proposed Date for Demolition Deadline 11/30/2021 Proposed Date for Housing Incentive Deadlines 12/13/2021 Proposed Date to Close Out All Activities 7 Next Steps •Acceptance of the CDBG-DR grant in the amount of $1,319, 559.00 •Adoption and adherence of the final City of Corpus Christi VBP Guidelines approved by the GLO on 12/27/20 and •Designation of authorized signatories for contractual and financial documents pertaining to Grant contract No. 20-066- 017-C123. •VBP application commencement. 8 Questions ? DATE: February 9, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. SUMMARY: This item recommends a three-month service agreement to add a single ADA accessible women’s restroom and renovate the men’s restroom on the first floor of the Administrative and Light Equipment Building located at the Fleet Division, Asset Management Department. BACKGROUND AND FINDINGS: The Asset Management Department desires to add a single ADA accessible women’s restroom and renovate the men’s restroom located on the first floor at the Light Equipment Building of the Fleet Division, Asset Management Department. There are no female restrooms on the first floor. This work will take place within the existing men’s restroom footprint, including access to women’s restroom from the corridor. The ADA compliant renovations of the existing first floor men’s restroom will provide a new women’s restroom and a renovated men’s restroom with related mechanical, electrical and plumbing upgrades. This renovation is necessary to provide accessible restroom accommodation’s for men and women. Restroom Renovations for Fleet Division, Asset Management Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 9, 2021 Second Reading Ordinance for the City Council Meeting February 16, 2021 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received seven bids; two bids were non-responsive. Staff is recommending award to the lowest, responsible bidder, DARPRO Commercial Construction, LLC. ALTERNATIVES: The alternative to accepting this bid would be to perform all the repairs in -house, which would generate an excessive workload for the Asset Management Department. FISCAL IMPACT: The fiscal impact for the Asset Management Department in FY 2021 is $62,500.00 for this three-month service agreement. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40170 Fleet Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this Ordinance recommending a three-month agreement with DARPRO Commercial Construction, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Page 1 of 2 Ordinance recommending a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of Fleet Division restroom, effective upon notice to proceed, with FY 2021 funding available through the Fleet Maintenance Service Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi (“City”); WHEREAS, the City received bids for restroom renovations for the Fleet Department, in response to Request for Bid (“RFB”) No.3298 of which only the lowest responsive, responsible bidder may be awarded the agreement; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for RFB No.3298 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the apparent low bidder, M.C.A Roofing Construction, has a history of poor performance as shown through its references, and therefore, is deemed nonresponsible; WHEREAS, another bidder, Rocking H Contractors, failed to provide all documents and information required by the RFB, and therefore, is deemed non - responsive; and WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for renovation of Fleet Department restroom is DARPRO Commercial Construction, LLC, of Corpus Christi, Texas, for an amount not to exceed $62,500.00; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this ordinance. Section 2. The City Council finds that DARPRO Commercial Construction, LLC, is the lowest responsive, responsible bidder for renovation of Fleet Department restroom and is awarded a contract for an amount not to exceed $62,500.00. Page 2 of 2 Section 3. The City Manager, or designee, is authorized to execute a three-month service agreement with DARPRO Commercial Construction, LLC, Corpus Christi, Texas, for an amount not to exceed $62,500.00 for renovation of fleet department restroom . That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 202 1, by the following vote: Paulette M. Guajardo ________________ John Martinez ______________ Roland Barrera ________________ Ben Molina ______________ Gil Hernandez ________________ Mike Pusley ______________ Michael Hunter ________________ Greg Smith ______________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ______________ Roland Barrera ________________ Ben Molina ______________ Gil Hernandez ________________ Mike Pusley ______________ Michael Hunter ________________ Greg Smith ______________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 202 1. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DARPRO Commercial Construction - Corpus Christi, Tx. STBP, Inc. dba South Texas Building Partners - Corpus Christi, Tx. Gourley Contractors, LLC - Corpus Christi, Tx. Progressive Structures, Inc. - Corpus Christi, Tx. SpawGlass Contractors, Inc. - Corpus Christi, Tx. ITEM Description Qty Unit Price Price Total Price Total Price Total Price Total Price Total 1 Fleet Department Light Equipment Restroom Renovations as mentioned in the Scope of Work and Drawings attached. 1 Lump Sum Price $ 62,500.00 $ 78,230.00 $ 88,380.00 $ 98,722.00 $ 110,660.00 *Rocking H Contractors - Alice, Tx. **M.C.A. Roofing Construction - Corpus Christi, Tx. ITEM Description Qty Unit Price Price Total Price Total 1 Fleet Department Light Equipment Restroom Renovations as mentioned in the Scope of Work and Drawings attached. 1 Lump Sum Price non-responsive $ 45,000.00 *Non-Responsive - vendor did not submit a complete bid. ** References had negative information. City of Corpus Christi Contracts and Procurement Department Senior Buyer : Cynthia Perez Bid Tabulation RFB # 3298 Restroom Renovations for Fleet Department Service Agreement Standard Form Page 1 of 8 SERVICE AGREEMENT NO. 3298 Restroom Renovations for Fleet Department THIS Restroom Renovations for Fleet Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and DARPRO Commercial Construction, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Restroom Renovations for Fleet Department in response to Request for Bid/Proposal No. 3298 (“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 Restroom Renovations for Fleet 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 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 $62,500.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 2 of 8 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Romy Greaves Department: Asset Management Phone: (361) 826-3645 Email:RomyG@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 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 3 of 8 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. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 4 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator 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: Romy Greaves Title: Architect Address: 5352 Ayers St., Bldg 3A, Corpus Christi, Texas 78415 Phone: (361) 826-3645 Fax:(361) 826-1989 IF TO CONTRACTOR: DARPRO Commercial Construction, LLC Attn: Darryl a. Prosek Title: Managing Partner Address: P.O. Box 18278, Corpus Christi, Texas 78480-8278 Phone: (361) 939-1111 Fax: (361) 937-6003 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 5 of 8 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 6 of 8 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. Payment of Prevailing Wage Rates. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established in the wage determination attached hereto as Attachment E as required by Texas Government Code Chapter 2258. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one- half times the basic rate for all hours worked in excess of forty hours in a given work week. 24. 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). 25. 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. 26. 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. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 7 of 8 27. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 28. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Service Agreement Standard Form Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director of Contracts and Procurement Date: _________________________ APPROVED AS TO LEGAL FORM: _______________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Wage Rate Determination Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3298 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Darryl Prosek 2/2/2021 Managing Partner Revised 09.04.20 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide renovation services for the Fleet Department Light Equipment Restroom. The location is: 5352 Ayers St., Building 3B, Corpus Christi, Texas 78415. 1.2 Scope of Work A. The Contractor shall have enough responsible, trained personnel qualified to provide the required services. B. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform the renovation services. C. All work performed must be accomplished in a manner that meets all applicable specification, trade standards and provisions, and federal, state and local codes and regulations. D. Renovations 1.Architectural - Refer to the drawings in the Attachment A-1 for all details related to the Scope of Work to complete the work describe below: a.Contractor will remove walls to provide space to conform to ADA requirements. This will include the existing chase wall behind the urinals and water closets as well as the dividing wall between the restroom and a narrow closet. b.Contractor will remove the existing floor tile and replace with new ceramic floor tile in both restrooms. c.Contractor shall provide new wall construction which will be metal framed with gypsum board and fiberglass reinforced plastic (FRP) finish. d.Contractor will install 2’x2’ waterproof ceiling tile and grid. e.Contractor will cut a new door into the existing wall for the men’s restroom. f.Contractor shall provide rough-in for future hand dryers. g.Contractor will provide typical toilet accessories, conforming to ADA standards. h.Contractor shall provide new restroom partitions that are 1-inch solid plastic. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 i.Contractor shall paint and patch all wall surfaces. 2.MEP - Refer to the drawings in the Attachment A-1 for all details related to the Scope of Work to complete the work describe below: a.Contractor shall replace plumbing fixtures with new fixtures and modify existing plumbing stacks for the new layout. b.Contractor shall provide a single exhaust fan like the existing and discharge to the crawl space matching current conditions. The exhaust fan shall be interlocked with the corridor lights so that it will run during occupied hours even when the restroom lights are off. c.Existing supply air will remain in the women’s restroom. The Contractor shall supply the men’s restroom with a sound attenuated transfer duct from the adjacent office space. d.Contractor shall replace the light fixtures. 1.3 Bonds and Invoicing A. A Payment bond shall be provided for work over $50,000 and a performance bond for work over $100,000. The bonds shall be for 100% of the contract value. B. The Contractor shall submit invoice for services to the City as allowed by contract. The Invoices shall include: 1.Work description, Purchase Order Number (PO#), Service Agreement Number, Location and date of Service and labor hours. 2.Invoices shall be sent as follows: original copy to Accounts Payable with a copy to facilitymaintenanceinvoicing@cctexas.com and to the Contract Administrator. 3.The Contractor shall include copies of Work order and Contractor Information Checklist (CIC) provided by Project Manager or designee. This is used as back- up for the invoice. Approval for payment shall be authorized by the Contract Administrator or Project Manager. 1.4 Special Instructions A. Contractor shall report to the Project Manager or designee at the location upon arrival. B. Any unauthorized changes or services performed by the Contractor, will be at the responsibility of the Contractor and not Asset Management-Facility Maintenance. C. The Contractor shall clean and haul away all debris. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 D. The Contractor shall commence work no more than 15 days from date of notice to proceed and complete the work within 60 days after commencing. E. After completion of inspection, Contractor shall report back to the Project Manager or designee. 1.5 Warranty A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. 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 ensure it complies with the contract requirements. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Revised 09.04.20 Page 22 of 23 Attachment A-1 Plans/Drawings DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 City of Corpus ChristiPROJECT # Fleet Women'sRestroom DesignWKMC Architects, Inc. JOB SITE20256A909 S. Tancahua St. Corpus Christi, Texas 361-887-6696ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTTHE CITY DESIRES TO ADD A SINGLE ADA ACCESSIBLE WOMEN’S RESTROOM ON THE FIRST FLOOR OF THE FLEET BUILDING ANDWITHIN THE EXISTING MEN’S RESTROOM FOOTPRINT INCLUDING ACCESS TO SAID ACCESSIBLE WOMEN’S RESTROOM FROM THECORRIDOR; AND ADA COMPLIANT RENOVATIONS OF THE EXISTING 1ST FLOOR MEN’S ROOM INCLUDING A NEW SEPARATE ENTRYWITH RELATED MECHANICAL, ELECTRICAL AND PLUMBING DESIGN OWNED BY THE CITY OF CORPUS CHRISTI.THE SCOPE OF WORK INCLUDES THE FOLLOWING IN ACCORDANCE WITH CONTRACT DOCUMENTS PROVIDED:ARCHITECTURAL:• IN ORDER TO PROVIDE SPACE TO CONFORM TO ADA REQUIREMENTS, WALLS WILL BE REMOVED. THIS WILL INCLUDE THEEXISTING CHASE WALL BEHIND THE URINALS AND WATER CLOSETS AS WELL AS THE DIVIDING WALL BETWEEN THERESTROOM AND A NARROW CLOSET.• THE EXISTING FLOOR TILE IS TO BE REMOVED AND REPLACED WITH NEW CERAMIC FLOOR TILE IN BOTH RESTROOMS.• NEW WALL CONSTRUCTION WILL BE METAL STUD FRAMED WITH GYPSUM BOARD AND FIBERGLASS REINFORCED PLASTIC (FRP)FINISH.• CEILINGS WILL REMAIN EXPOSED CONCRETE DECK.• A NEW DOOR WILL BE CUT INTO THE EXISTING WALL FOR THE MEN’S RESTROOM.•ROUGH-IN FOR FUTURE HAND DRYERS WILL BE INCLUDED.•TYPICAL TOILET ACCESSORIES WILL BE PROVIDED, CONFORMING TO ADA STANDARDS.•NEW RESTROOM PARTITIONS WILL BE 1-INCH SOLID PLASTIC.•ALL WALL AND CEILING SURFACES WILL BE PATCHED AND PAINTED.MECHANICAL/ELECTRICAL/PLUMBING (MEP):• PLUMBING FIXTURES WILL BE REPLACED NEW. EXISTING PLUMBING STACKS WILL BE MODIFIED FOR NEW LAYOUT.• A SINGLE EXHAUST FAN SIMILAR TO THE EXISTING AND DISCHARGE TO THE CRAWL SPACE MATCHING CURRENTCONDITIONS. THE EXHAUST FAN SHALL BE INTERLOCKED WITH THE CORRIDOR LIGHTS SO THAT IT WILL RUN DURINGOCCUPIED HOURS EVEN WHEN THE RESTROOM LIGHTS ARE OFF.• EXISTING SUPPLY AIR WILL REMAIN IN THE WOMEN’S RESTROOM. THE MEN’S RESTROOM WILL BE SUPPLIED BY ASOUND ATTENUATED TRANSFER DUCT FROM THE ADJACENT OFFICE SPACE.• LIGHT FIXTURES WILL BE REPLACED.WKMC ARCHITECTS, INC.909 S. TANCAHUA ST. CORPUS CHRISTI, TEXAS 78404HERB MORRISON, AIA, PROJECT MANAGERBATH ENGINEERING CORPORATION5656 S. STAPLES, SUITE 110CORPUS CHRISTI, TEXAS 78411JOE MARTINEZ, P.E.THE FACILITY IS OPEN TO THE PUBLIC AND WILL REMAIN OCCUPIED BY CITY EMPLOYEES. CONTRACTORS WILL HAVE FULL ACCESSTO PROJECT BOUNDARIES IDENTIFIED DURING NORMAL WORKING HOURS, BUT WILL HAVE TO MAINTAIN AND COORDINATE PUBLICACCESS WITH THE OPERATING DEPARTMENT.THE PROJECT IS LOCATED AT 5352 AYERS STREET IN CORPUS CHRISTI, TEXAS (BUILDING NO. 3B).2015 INTERNATIONAL BUILDING CODEPROJECT SUMMARY:PROJECT ARCHITECT:MEP ENGINEER:GENERAL NOTES:CODE SUMMARY AND PROJECT DATA:ADDRESS:BUILDING CODE:MECHANICAL CODE:PLUMBING CODE:ELECTRICAL CODE:ENERGY CODE:2015 INTERNATIONAL MECHANICAL CODE2015 INTERNATIONAL PLUMBING CODE2017 NATIONAL ELECTRICAL CODE2015 INTERNATIONAL ENERGY CONSERVATION CODEDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Related SectionsRelated Details703.3Signs - Braille703.3.1 Braille Dimensions703.2 Raised Characters703.3.1 Braille dots shall have domed orrounded shape complying w/ 703.3.1703.3.2 Braille shall be positioned below thetext if multi-lineLIBRARY3/8" min.corresponding text or below entireROOM703.3.2 Position of Braille3/8" min.703.3.2 Braille Position(Exception)Related SectionsRelated Details703.4.1Tactile Sign Height48" min. 60" max.703.4.1 Tactile Character703.2 Raised CharactersLIBRARYROOMLIBRARYROOM703.4.1 Height of tactile charactersabove floor or groundHeight (Exception)703.4.2 Tactile CharacterLocation (Exception)703.4.2 Sign Location at Doors 30" min.(a) Elevation (b) Plan17"-25"6" max.9"305 Clear Floor Space304 Turning Space308 Reach RangesRelated SectionsRelated Details306.2Toe Clearance302 Floor & Ground Surface305.5 Position of clear floor space305.2 Changes in floor level not permitted305.2 Floor & Ground Surface(Exception)306.2 Toe Clearance306.3 Knee Clearance305.6 One full unobstructed side shall adjoin an accessible route or another305.7.1 Clearance in an alcove,forward approach305.7.2 Clearance in an alcove,parallel approach48" min.30" min.(a) Forward48" min.(b) Parallel30" min.36" min.X>24"60" min.X>15"clear floor spaceRelated SectionsRelated Details305Clear Floor Space405 Ramps1/4"1/4"1/4"1/2"1/2"406 Curb Ramps303.2 Vertical 303.3 Beveled303.1 Changes in Level(Exception)307.4 Changes in level greater than 1/2" highshall be rampedRelated SectionsRelated Details303Changes in Floor Levelmax.min.max.1.TAS Drawing Sheet General InformationThe details and information provided on TexasAccessibility Standards (ADA) drawing sheets areapplicable to this project. However, the informationprovided is generic in nature and, in general, takespriority over other construction documents.Where conflicts may occur, notify the projectdesigner of record.2. The details and information provided are for theconvenience of reference. The full set of TexasAccessibility Standards are applicable to thisproject. Familiarity with these standards by theContractor is required.3. The details and information provided may referenceother standards sections and details.Referenced 'Related Sections' can be found in the2012 Texas Accessibility Standards manualReferenced 'Related Details' applicable to theproject may be included in these drawing sheets.available through the Texas Department ofLicensing and Regulation4.Refer to section '106 Definitions' of the 2012 TASfor definitions of terms used within these sheets5.Refer to section '104 Conventions' of the 2012 TASfor description of dimensioning and tolerances aswell as other numerical and graphical conventions404.2.3 There shall be no projections into the required clear opening lowerthan 34" above floor. Projections into the clear opening width between34" and 80" above floor shall noe project more than 4"32" min.(a) Hinged door (b) Sliding door (c) Folding door32" min.32" min.90°4" max.404.2.2 At least one active leaf of doors with two leaves must comply with 404404.2.4.1 Maneuvering Clearance404.2.4.2 Maneuvering Clearance404.2.4.3 Maneuvering ClearanceSwinging DoorsOther DoorsRecessed Doors404.1 Doors, Doorways, Gates(Exception)404.2.3 Clear Width (Exception)404.2.5 Thresholds (Exception)Related SectionsRelated Details404.2.3Clear Width of Doorways307.4 Vertical Clearance307.3 Post-Mounted Objects4" max.X > 80"X > 27"307.2 Handrails are permitted toprotrude 4-1/2" maximum307.5 Required Clear Width505.10.1 Handrail Extensions at505.10.2 Handrail Extensions atRampsStairs(Parallel to path of travel)Related SectionsRelated Details307.2Limits of Protruding Objects30" min.(a) Elevation (b) Plan25" max.11" min.9" min.305 Clear Floor Space304 Turning Space8" min.27" min.308 Reach RangesRelated SectionsRelated Details306.3Knee Clearance(a) Front approach, pull side(b,c) Front approach, push side*when provided w/both closer and latch18" min.(d) Hinge approach, pull side (e) Hinge approach, pull side(f,g) Hinge approach, push side (h,i) Latch approach, pull side*when provided w/both closer and latch*when provided w/both closer and latch(j,k) Latch approach, push side*when provided w/both closer and latch60" min.48" min.60" min.12" min.*36" min.54" min.42" min.42" min.48" min.*48" min. 54" min.*22" min.24" min.24" min.48" min.*42" min.404.2.4.4 Changes in floor level not permitted404.2.3 Clear Width404.2.6 Doors in Series404.2.4 Maneuvering Clearance(Exception)404.2.4.4 Floor & Ground Surface(Exception)404.3 Automatic & Power-Assisted DoorsRelated SectionsRelated Details404.2.4.1Maneuvering Clearances at Swinging Doors308 Reach Range 48" max. 34" max.606.3 Height606.4 Faucetskitchen sink in a space where a cook top or conventional range is not provided606.2 - 1. A parallel approach complying with 305 shall be permitted to aSpace Space (Exception)and to wet bars30" min.25" max.30" min.48" max.308.1 Children's Reach Range 34" max.Knee and toe clearance606.5 Exposed Pipes andSurfaces606.2 Clear Floor 606.2 -1. Clear FloorRelated SectionsRelated Details606Lavatories606.2 Clear Floor Space(Exception)309 Operable Parts605.2 Height and depth of urinals(a) Wall hung type (b) Stall type 17" max.13 1/2" min.13 1/2" min.Related SectionsRelated Details605Urinals309 Operable Parts305 Clear Floor Space(a) Adult wall hung water closet (b) Adult floor mounted water closet604.8.1.1 Size of wheelchair accessible toilet compartments60" min.60" min.35-37"toilet compartment doors604.8.1.2 Wheelchair accessible604.8.1.4 Wheelchair accessible toilet compartment toe clearance(a) Elevation - adult604.8.2 Ambulatory accessibletoilet compartment(b) Elevation - childrenand children's water closet56" min. 59" min. 42" min. 4" max.4"" max.6" min.****Toe clearance not required when compartment is greater than 62" deepToe clearance not required when compartment is greater than 65" deep6" min.*****Toe clearance not required when compartment is greater than 66" wide6"min.***6"min.***42" min. 60" min.Partition9" min.6" min.12" min.6" min.Section 604.8.1.4 excludes partition support members from toe clearance spacePartition604.8.1.2 Provide door pulls complying with 404.2.7 each side of door404.2.4.1 Maneuvering ClearanceSwinging Doors404.2.3 Clear Width604 Water Closets404.2.7 Door & Frame Hardware604.8.1.2 Doors604.8.3 Coat Hooks & Shelves604.9 WC & Compartmentsfor Children's UseRelated SectionsRelated Details604.8Toilet Compartments609 Grab Bars(a) Wheelchair accessible water closets (b) Ambulatory accessible water closets604.2 Water closet location17-19"16-18"18" min.56" min.60" min.60" min.66" min.water closets604.3.1 Clearance of54" min.grab bar604.5.1 Side wall604.3.2 Overlap of water closet clearancein residential units (Exception)33"-36"12" max.42" min.grab bar604.5.2 Rear walllocation604.7 Dispenser outlet36" min.12" min.24" min.15" min. 48" max.7"-9"604.5.2 - 1. The rear grab bar can be 24 inches long minimum, centered on thewater closet, where wall space does not permit a length of 36" minimumdue to location of a recessed fixture adjacent to the water closet.604.3.2 Overlap - WC Clearance604.4 Seats (Exception)604.5.2 - 2. Where flush controls for flush valves are located in a position thatconflicts with the location of the rear grab bar, then the rear grab bar canbe split or shifted to the open side of the water closet604.6 Hand operated flush controls shall be installed 36" max. above finishedfloor and located on the open side of water309 Operable Parts(Exception)604.7 Dispensers604.9 WC & Compartmentsfor Children's Use604.5 Grab Bars (Exception)609 Grab BarsRelated SectionsRelated Details604Water ClosetsDispenser must be < 4" (non-prodtruding object) to complywith 609.317"-19"ATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECTDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 SCALE:21/2" = 1'-0"Floor PlanSCALE:11/2" = 1'-0"Demolition PlanATTSXETEFO S A HER B GMORRISONIII18217REGIS T EREDARCHITECT712139761011441434171517344611681717191717183'-4 1/4"1'-9 3/4"1'-8 1/2"2'-7"2'-5 3/8"3'-1 5/8"3'-0"2'-6"6 5/8"11'-5 1/4"1'-0"4'-0"4'-0"1'-9 1/8"3'-0 1/2"5'-0 1/2"2'-6"4'-6 1/2"1'-6 1/2"3'-7"2'-11"3'-4 1/8"9'-10 1/8"4 7/8"2"5 5/8"5'-5 1/4"1'-5 1/4"SCALE:3Keyed notesSCALE:4General NotesDIMENSION ARE TO FINISHED WALL SURFACE OF MASONRY FACE1.OF STRUCTURE, OR CENTERLINE AS INDICATED.REFER TO MEP FOR ADDITIONAL NOTES REGARDING DEMOLITION AND2.NEW CONSTRUCTION.PROVIDE BLOCKING IN FRAMED WALLS AS NEEDED FOR ATTACHMENT3.OF ACCESSORIES.2052'-8"RESTROOMS ARE TO BE ADA COMPLIANT. REFER TO SHEET G2 FOR MOUNTING4.HEIGHT AND OFFSET DIMENSIONS OF ACCESSORIES.SCALE:5Room FinishesINTERIOR PAINT - COLOR: SHERWIN WILLIAMS "REQUISITE GRAY" SW 7023PT-1INTERIOR PAINT - COLOR: SHERWIN WILLIAMS "TRANQUIL AQUA" SW7611PT-22212122TA-1TA-1TA-1TA-9TA-9TA-8TA-10TA-2TA-13bTA-8TA-13bTA-13b1TA-13TOILET ACCESSORY - REFER TO SPECIFICATIONSKEYED NOTESCALE:6Symbol Legend90% ReviewSCALE:83" = 1'-0"Partition Bracket Details2"3"12 GAUGE SATIN S.S. WALLBRACKETS FULL HEIGHT OF2 1/2"1 3/4"PANEL AND WALL AT 12" O.C.WITH S.S. FASTENERSDOUBLE 2X4 STUDS ATTOILET PARTITION8A1130°140°2 1/4"12 GAUGE SATIN S.S.FIX TO PARTITIONS WITH1 3/4"S.S. FASTENERS @ 12" O.C.TOILET PARTITION140°1 3/4"2 1/4"SCALE:7Location PlanAREA OF CONSTRUCTIONFIRST FLOOR100RestroomWomen's ADA101RestroomMen's ADA172'-1"4'-6"1'-4 1/2"23BRACKETS. FULL HEIGHTPARTITION. ATTACH TOWALL ENDPROVIDE ADA COMPLIANT RESTROOM SIGNAGE PER CITY OR BUILDING STANDARD5.FLOOR TILE - 6"X6" FIELD CERAMIC TILE WITH 6"X6" ROUND TOP COVE BASEFT-1FIBER REINFORCED PANEL - AS SPECIFIED, TO BE PAINTEDFRP-1DALTILE - NATURLA HUES "MICA PINPOINT" QH812424101100101DOOR TAG25263'-0"2'-0"2727282829REMOVE CMU PARTITION1SAW CUT AND REMOVE CMU FOR NEW2DOOR OPENINGREMOVE EXISTING TOILET PARTITIONS3REMOVE FIXTURE, RE: MEP4REMOVE FLOOR TILE AND BASE ENTIRELY. SCRAPE/GRIND5SURFACE AS NEEDED FOR NEW TILE FLOOR FINISHEXISTING CONCRETE COLUMN TO REMAIN6EXISTING CMU WALL TO REMAIN7EXISTING EXTERIOR CONCRETE WALL8EXISTING DRYWALL PARTITION TO REMAIN9EXISTING OVERHEAD PIPE, RE: MEP10EXISTING FLOOR DRAIN TO REMAIN11REMOVE EXISTING TOWEL DISPENSER FOR RE-USE12REMOVE EXISTING HAND DRYER13REMOVE EXISTING FAN, RE: MEP14EXISTING DOOR TO REMAIN15REMOVE DOOR & FRAME16NEW PLUMBING FIXTURE, RE: MEP17FUTURE HAND DRYER, RE: MEP18RELOCATED EXISTING PAPER TOWEL DISPENSER193"X3"X8'-0" S.S. CORNER TRIM, FULLY ADHERED, PAINTED.20FULLY ADHERE 5/8" MOISTURE RESISTANT GYP. BD. TO EACH21SIDE OF CMU WALL. FINISH WITH FRP-1TOILET PARTITIONS AS SPECIFIED22GROUT FILL ANY OPEN CAVITIES IN MASONRY FROM REMOVAL OF WALL23PAINT THIS WALL PT-224NEW 3'X7' HOLLOW METAL DOOR AND FRAME, PAINT TO25MATCH EXISTINGEXISTING HOLLOW METAL DOOR AND FRAME, REPLACE HARDWARE AS26SPECIFIED, PAINT TO MATCH EXISTINGPARTITION - FULL HEIGHT 3-5/8" METAL STUDS @ 16" O.C.27W/ 5/8" MOISTURE RESISTANT GYP. BD. EA. SIDE. FINISHWITH FRP-1CHASE WALL - FULLHEIGHT 3-5/8" METAL STUDS @ 16" O.C.28W/ 5/8" MOISTURE RESISTANT GYP. BD.. FINISH WITH FRP-1OVERLAY WALL WITH FULL HEIGHT FRP-12922TA-7TA-7TA-7DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment C - Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, 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 $500,000 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. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment C – Bond Requirements Bonds will be required as outlined in the Scope of Work, Section 4: subsection 4.3; Job Order (C) DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Attachment D - Warranty Requirements A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 "General Decision Number: TX20200288 09/11/2020 Superseded General Decision Number: TX20190288 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR Attachment E - Wage Rate Determination DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 09/11/2020 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 ---------------------------------------------------------------- * ELEC0278-002 03/20/2020 Rates Fringes ELECTRICIAN......................$ 26.25 8.24 ---------------------------------------------------------------- * ENGI0178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane.............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under..............$ 32.35 13.10 ---------------------------------------------------------------- * IRON0084-011 06/01/2020 DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 25.26 7.13 ---------------------------------------------------------------- SUTX2014-068 07/21/2014 Rates Fringes BRICKLAYER.......................$ 20.04 0.00 CARPENTER........................$ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER...$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER, STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender - Brick...$ 11.36 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer..............$ 12.49 2.13 LABORER: Roof Tearoff...........$ 11.28 0.00 OPERATOR: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Backhoe/Excavator/Trackhoe.......$ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller................$ 12.70 0.00 PAINTER (Brush, Roller, and Spray)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 22.73 7.52 SHEET METAL WORKER, Excludes DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER....................$ 11.22 0.00 TILE SETTER......................$ 14.74 0.00 TRUCK DRIVER: Dump Truck........$ 12.39 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck............................$ 12.50 0.00 TRUCK DRIVER: Water Truck.......$ 12.00 4.11 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 END OF GENERAL DECISION" DocuSign Envelope ID: 24CC7849-7593-4B22-B2F4-0C9A75253A07 DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement with Miguel Hernandez Jr., dba Universal Tool and Die, of Corpus Christi, Texas, for a total amount not to exceed $223,900.00, for on-call fabrication, welding, and repair services for the Utilities Department, with FY 2021 funding in the amount of $77,000.00 available in the Wastewater Fund. SUMMARY: This motion authorizes a two-year service agreement for fabrication, welding, and repair services at the City’s wastewater treatment plants and lift stations. This agreement is necessary to maintain the continuous operation of critical equipment. BACKGROUND AND FINDINGS: The wastewater treatment plants and lift stations operate various pieces of equipment w ith metal components such as metal stands for pumps and motors, column structure supports for stilling wells and clarifier bridges, and bar screens. The metal components age and deteriorate over time and require fabrication, welding, or repair to extend the longevity of the equipment and keep the equipment operational. The needed fabrication and welding work exceed the capacities of the in-house maintenance crews. The wastewater division will utilize this agreement to maintain good operating condition of equipment, keeping equipment online and operational, and in compliance with the Texas Commission on En vironmental Quality (TCEQ) requirement that all equipment be in good working order. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids. The City received three bids. Staff is recommending the award to the lowest, responsible bidder, Miguel Hernandez Jr., dba Universal Tool and Die of Corpus Fabrication, Welding, and Repair Services for Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of February 16, 2021 Christi, Texas. Universal Tool and Die is the incumbent bidder. The new contract pricing reflects a 7% increase in the labor rate. However, the labor rate for after hours, weekend, and holiday hours is the same as the labor rate for regular Monday-Friday work hours. Additionally, new pricing also reflects a 3% increase in mark-up on parts/materials. ALTERNATIVES: An alternative to awarding this service agreement is to reject the bid and not enter into a service agreement, which would require staff to solicit quotes each time the need for service arises. Having to solicit quotes as needed would result in a time delay due to the procurement process which would delay repair/service and increase equipment downtime, potentially resulting in TCEQ violation(s) for offline non-operational equipment. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY2021 is an amount not to exceed $77,000.00. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 Fund: 4200 Organization/Activity: 33210 Lift Station Operation & Maintenance Mission Element: 065 Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs – Contracted Cost: $11,000.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with Miguel Hernandez Jr., dba Universal Tool and Die, for on-call fabrication, welding, and repair services for the Utilities Department. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement ITEM Description Unit 2 Yr. Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Labor Rate Monday- Friday - 8:00 AM to 5:00 PM HRS 1800 70.00$ 126,000.00$ 75.00$ 135,000.00$ 85.00$ 153,000.00$ 2 Labor Rate (OT) After Hours, Weekends, Holidays HRS 50 70.00$ 3,500.00$ 112.50$ 5,625.00$ 127.50$ 6,375.00$ Estimated Spend Mark Up % Estimated Spend +Mark up Mark Up % Estimated Spend +Mark up Mark Up % Estimated Spend +Mark up 3 Parts/ Materials $80,000.00 18%94,400.00$ 15%92,000.00$ 18%94,400.00$ 223,900.00$ 232,625.00$ 253,775.00$ Excel Pump & Machine Inc. - Corpus Christi, Texas Universal Tool & Die - Corpus Christi, Texas ADK Environmental, Inc. - Odem, Texas City of Corpus Christi Contracts and Procurement Buyer : Marco Lozano Bid Tabulation RFB # 3310 Fabrication, Welding, and Repair Services for Utilities Department Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 3310 Fabrication, Welding and Repair Services for Utilities Department THIS Fabrication, Welding and Repair Services for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Miguel Hernandez Jr., dba Universal Tool & Die (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Fabrication, Welding and Repair Services Utilities Department in response to Request for Bid/Proposal No. 3310 (“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 Fabrication, Welding and Repair Services for Utilities 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 two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. 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 $223,900.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 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: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@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 DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 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. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts/Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-4495 IF TO CONTRACTOR: Miguel Hernandez Jr., dba Universal Tool & Die Attn: Miguel Hernandez Title: Owner Address: 656 Cantwell Ln., Corpus Christi, Texas 78408 Phone: 361-882-8228 Fax: 361-882-1543 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 DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3310 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Miguel Hernandez 1/15/2021 OWNER Page 1 of 2 RFQ Revised 4.19.2019 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide Metal Fabrication, Welding, and Repair Services for Wastewater Treatment Plants, Lift Stations, and Storm Water Pump Stations operated by the City of Corpus Christi Utilities Department. B. The Contractor is responsible to provide labor, supervision, tools, materials, and equipment necessary to perform the services. C. This is an on-call contract, with work performed on an as-needed basis. 1.2 Scope of Work A. Typical items that would require fabrication or repair include, but are not limited to, metal stands for pumps and motors, shaft, sleeve, and snap/wear ring repairs for pumps and motors, packing gland, impeller, and bearing housing repairs, valve and coupling repairs, angle brackets and column structure supports for Stilling Well and Clarifier Bridges, and Gearbox, Bar Screen and Bull gear repairs. B. The Contractor will be required to sandblast, prime, paint and recoat equipment as needed. C. For shop work (off-site), the City will be responsible for delivery and pick up of equipment to and from the Contractor’s place of business. D. The Contractor shall perform work in accordance with manufacturer’s specifications and/or recommendations, as applicable. E. The Contractor shall perform work in compliance with industry standards, including OSHA. F. All on-site work will be scheduled between 8:00 AM and 3:00 PM, Monday through Friday, excluding holidays. G. All overtime work must be approved, in writing, prior to commencement of work. H. The Contractor shall provide on-site and shop emergency services for critical related issues within 4 hours of receipt of notice from the City. I. The Contractor shall provide a repair estimate, based on contract pricing, for each repair/service within 3 business days of receipt/inspection of equipment. Labor will be compensated at actual hours worked times the rate shown in the contract and parts/materials will be paid at actual cost, receipts required times the markup shown in the contract. J. Repairs/Service shall be completed as per lead time noted on inspection quote. A PO number will be submitted to the Contractor via email or phone. The Contractor shall notify the City if repairs will exceed the lead time noted on the inspection quote. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Page 2 of 2 RFQ Revised 4.19.2019 K. The Contractor’s technician shall check in with onsite personnel prior to commencing work and check out after completion of work. L. Upon completion of work, the technician shall clean the work area and secure all equipment in a safe condition. 1.3 Work Sites Name Address Contact Person Broadway WWTP 801 Resaca Charles Cookus Oso WWTP 601 Nile Dr. Freddy DeLeon Greenwood WWTP 6541 Greenwood Harry Clifford Allison WWTP 4101 Allison Dr. David King Laguna WWTP 201 Jester Larry Gonzalez Whitecap WWTP 13409 Whitecap Larry Gonzalez Various Lift Stations City-wide Ruben Abrigo Power St. Pump Station 1218 N. Water St. James Espinoza Kinney St. Pump Station 302 S. Water St. James Espinoza 1.4 Warranty The Contractor shall provide a 1-year warranty on labor and parts. 1.5 Invoicing The Contractor shall email itemized invoices to Accounts Payable with a copy to UtilitiesDept@cctexas.com, which shall contain the following: 1. Service Agreement and PO number 2. Name of City employee authorizing work 3. Location/Address 4. Manufacturer/Model/Serial number of equipment 5. Description of service 6. Total hours billed itemized regular/overtime 7. Itemized list of parts/material 8. Invoices for parts/materials (to verify mark-up) 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 ensure it complies with the contract requirements. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Miguel Hernandez Jr., dba Universal Tool & Die DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3. Products/ Completed Operations 4.Contractual Liability 5. Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2. Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 BAILEE’S CUSTOMER GOODS $300,000 Per Occurrence C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit Contracts for General Services – Services Performed Onsite-Offsite – Bailees 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D Attachment D - Warranty Requirements The Contractor shall provide a 1-year warranty on labor and parts. DocuSign Envelope ID: EDD14639-593B-4D4C-A880-5D63EFD02B7D DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1919 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year supply agreement with McNeilus Truck and Manufacturing Co. in an amount not to exceed $530,000.00 for the purchase of McNeilus parts for City Solid Waste and Recycling trucks, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of $117,778.00 available in the Fleet Maintenance Service Fund. SUMMARY: This resolution authorizes a three-year supply agreement with McNeilus Truck and Manufacturing Co. to provide McNeilus parts stocked by the Asset Management Department for repairs of refuse side loaders and rear loader trucks by the Fleet Maintenance Division of Asset Management. BACKGROUND AND FINDINGS: The Asset Management Department utilizes McNeilus equipment parts for the repair and maintenance of associated equipment. The use of these parts is essential for effective, necessary, and timely repairs. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these parts is essential to ensure the execution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of refuse trucks such as side loaders and rear loaders. Currently, these parts are procured by requisition/purchase order on an as needed basis. McNeilus Truck and Manufacturing Co. is the only vendor that sells these parts. The City will save 2-5% over the current McNeilus Parts for Fleet AGENDA MEMORANDUM Action Item for the City Council Meeting February 16, 2021 pricing by processing this agreement. This is a sole source purchase as these parts are unique to McNeilus refuse trucks. McNeilus Truck and Manufacturing Co. is the fully authorized dealer for these parts. To review the catalog, follow the link below: https://www.streetsmartparts.com/refuse/index.html?csid=a7738552268973d43686d28182dc7a3 9&sl=EN&currency= ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to purchase refuse equipment parts on an as needed basis through individual purchase orders, which would not be as productive and much more time consuming. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2021 is estimated at $117,778.00 for this three-year supply agreement. The remaining amount will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year supply agreement with McNeilus Truck and Manufacturing Co. for the purchase of McNeilus equipment parts as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Supply Agreement Page 1 of 2 Resolution authorizing a three-year supply agreement with McNeilus Truck and Manufacturing Co. in an amount not to exceed $530,000.00 for the purchase of McNeilus parts for City Solid Waste and Recycling trucks, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of $117,778.00 available in the Fleet Maintenance Service Fund. WHEREAS, the McNeilus equipment parts will be purchased for use by Asset Management personnel; WHEREAS, this item is for McNeilus equipment parts used by Asset Management personnel to repair City vehicles and equipment; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality’s residents ; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a three-year supply agreement with McNeilus Truck and Manufacturing Co. for the purchase of McNeilus equipment parts, for a total amount not to exceed $530,000.00. PASSED AND APPROVED on the ______ day of _________, 202 1: Page 2 of 2 Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi Senior Buyer: Cynthia Perez Price Sheet McNeilus Parts for Fleet McNeilus Truck and Manufacturing Co. Hutchins , Texas Item No.Description Three-Year Estimated Spend Markup % Estimated Spend + Markup Qty Unit Extended Cost 1 McNeilus Parts Fleet $ 500,000.00 0% $ 500,000.00 1 3-Year $500,000.00 2 Freight Allowance $ 30,000.00 1 3-Year $30,000.00 Three Year Total $530,000.00 Contracts & Procurement Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SUPPLY AGREEMENT NO. 3221 Parts for McNeilus Equipment THIS Parts for McNeilus Equipment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and McNeilus Truck and Manufacturing Co.(“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Parts for McNeilus Equipment in response to Request for Bid No. SS-3221 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Parts for McNeilus Equipment in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $530,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 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: Benjamin Sanchez Department: Fleet Maintenance Phone: (361) 826-1959 Email: BenjaminS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7.Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 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: Benjamin Sanchez Title: Assistant Parts Foreman Address: 5352 Ayers St., Building 3-B, Corpus Christi, Texas 78415 Phone: (361) 826-1959 Fax: (361) 826-8255 IF TO CONTRACTOR: McNeilus Truck and Manufacturing Co. Attn: Jay Gravens Title: Sales Manager Refuse Parts Address: 1101S. I 45 Hutchins, Texas 75141 Phone: (972) 225-0718 Fax: (972) 225-7077 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 DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. SS-3221 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 1/26/2021 National Refuse Sales Manager Jay Gravens DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 Attachment C- Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, 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. DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy. • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 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 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 DocuSign Envelope ID: 50C25FD7-C0A9-4E9D-AA02-DC943ED82D11 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 16, 2021 DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a professional services contract to LNV, Inc., Corpus Christi, TX, to provide design, bid, and construction services for office space and other building upgrades to the O.N. Stevens Water Treatment Plant Filter Building 1, located in Council District 1, in an amount not to exceed $179,998.00, with FY 2021 funding available from the Water 2020 Capital Improvement Program Fund. SUMMARY: This motion awards a professional services contract to provide for design, bid, and construction services for office space and other building upgrades to the O.N. Stevens Water Treatment Plant (ONSWTP) Filter Building 1. This contract will implement the modifications and upgrade recommendations and will build on the work completed under the ONSWTP Filter Building Expansion Feasibility Assessment conducted in 2018. BACKGROUND AND FINDINGS: The ONSWTP provides treated drinking water to the City of Corpus Christi. The ONSWTP consists of treatment facilities and chemical storage units as well as office buildings to serve plant operators and City staff. The City has been looking to allocate additional office space to serve the growing Water Quality team and W ater Treatment Operations team on site. In May 2018, LNV performed a preliminary walk-thorough assessment of the exterior and interior of Filter Building 1 under the ONSWTP Filter Building Expansion Feasibility Assessment project. The assessment was conducted to determine renovation specifications needed to convert the Professional Services Contract O. N. Stevens Water Treatment Plant Filter Building Rehabilitation, Phase II current space into offices for the Water Quality team and Water Treatment Operations team. The Filter building 1 is a two-story building, the basement (at ground level) houses mechanical equipment for the filters located to the east of the building and the second floor was used to store basin control consoles which have been moved to another location. Currently, the second floor is vacant. The overall reinforced concrete structure and the exterior of the building envelope are in sound condition. The proposed renovation will create approximately 5,376 square feet of administrative office space on the second floor. The newly created office space will be used for approximately 17 employees including the SCADA lab, separate Water Quality teams and Water Treatment Operations teams, crew spaces, a library, break room, restrooms and mechanical/electrical support spaces. All modifications to Filter Building 1, both interior and exterior, will match the construction finishes used at the adjacent Filter Building 2. This contract provides for design, bid and construction phase services. The project will consist of mechanical, plumbing and electrical systems (MEP). In addition to MEP, a new egress system, new fire sprinkler, and insulation to the bottom of existing second floor concrete (basement ceiling) will be implemented. PROJECT TIMELINE Projected schedule reflects City Council award in February 2021 with design completion in August 2021. Construction is anticipated to begin in December 2021 with a duration of 10 months and completion in September 2022. COMPETITIVE SOLICITATION PROCESS: LNV, Inc. was selected for Transportation and Utilities, Part B Utilities Projects in February 2019 under RFQ 2018-10. ONSWTP Filter Building Rehabilitation – Phase 2 was one of seven selections that were announced under the Utility Projects Category of the RFQ. LNV, Inc. was selected from three (3) applicants for this project. The selection committee was comprised with representatives from the Utilities Department and Engineering Services. The final evaluation ranked LNV, Inc. the highest and recommended the firm as most qualified based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience in wells, treatment facilities, pump stations, water storage tanks, transmission mains and distribution systems, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. LNV, Inc. has work on City projects since 2008. LNV has completed projects such as the North Padre Island Beach Maintenance Facility, City Hall Exterior Façade and Roof Assessment, American Bank Center – New VIP Bar & VIP Lounge, CCAD Security Enclave Project, and Fire Station #1 Re-roof and Limited Façade Repairs. M A M J J A S O N D J F M A M J J A S 2021 Bid/ AwardDesign Construction 2022 ALTERNATIVES: Filter Building 1 will remain vacant and additional office space for the water treatment plant staff would not be constructed. The department will have to search for alternate office space. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $179,998.00 with funding available from the Water 2020 CIP Fund. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY 2021. The project is ready to be implemented and the expenditures shown reflect the CIP. Fund: Water 2020 CIP (Fund 4099) Mission Elem: Water Distribution (041) Project: ONSWTP Filter Building Rehab, Phase 2 (20094A) Account: Design (550950) Activity: 20094-A-4099-EXP Amount $179,998 RECOMMENDATION: City staff recommends award of the professional services contract in the amount of $179,998 to LNV, Inc. The design phase is planned to begin in May 2020 with completion estimated 6 months after notice. The construction phase is planned to start in February 2021 and end in October 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Contract 37 77 37 37 37 77 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LOCATION MAP NOT TO SCALE O.N.STEVENS WATER TREATMENT PLANT FILTER BUILDING REHABILITATION PHASE 2 PROJECT NUMBER: 20094A VICINITY MAP NOT TO SCALE O.N STEVENS WATER TREATMENT PLANT REHABILITATION PHASE 2 O.N STEVENS WATER TREATMENT PLANT REHABILITATION PHASE 2 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES O.N.STEVENS WATER TREATMENT PLANT FILTER BUILDING REHABILITATION PHASE 2 AERIAL MAP NOT TO SCALE IH- 3 7 LEO P A R D S T. O.N. STEVENS WATER TREATMENT PLANTIH-69PROJECT NUMBER: 20094A O.N STEVENS WATER TREATMENT PLANT REHABILITATION PHASE 2 HE A R N R D . Contract for Professional Services Page 1 of 11 Revised February 2020 SERVICE AGREEMENT NO. 2879 CONTRACT FOR PROFESSIONAL SERVICES 20094A - ONSWTP FILTER BUILDING REHABILITATION PHASE 2 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc. 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I – SCOPE OF SERVICES ..............................................................................2 ARTICLE II – QUALITY CONTROL .................................................................................3 ARTICLE III – COMPENSATION .....................................................................................3 ARTICLE IV – TIME AND PERIOD OF SERVICE ...........................................................4 ARTICLE V – OPINIONS OF COST ................................................................................5 ARTICLE VI – INSURANCE REQUIREMENTS ...............................................................5 ARTICLE VII – INDEMNIFICATION .................................................................................5 ARTICLE VIII – TERMINATION OF AGREEMENT .........................................................6 ARTICLE IX – RIGHT OF REVIEW AND AUDIT .............................................................7 ARTICLE X – OWNER REMEDIES .................................................................................7 ARTICLE XI – CONSULTANT REMEDIES......................................................................8 ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ..................................................8 ARTICLE XIII – MISCELLANEOUS PROVISIONS ........................................................ 10 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 2 of 11 Revised February 2020 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Sc ope of Services shall include all associated services required for Consul tant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of c are defined in Article XIII of th is Agreement. The approved Scope of Serv ices defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety . 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or sub consultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subc onsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of t he Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays ) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to p repare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 3 of 11 Revised February 2020 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3 rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the ve rification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Co ordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City . 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review , the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in co mpliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $179,998.00. 3.2 The Consultant’s fee will be on a lump sum o r time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these ser vices. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phase s defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant sha ll notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown i n Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work . City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act . DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 4 of 11 Revised February 2020 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Ra te Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by r eason of having provided labor or servi ces relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make pay ments to subconsultants or ve ndors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agree ment. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such disp ute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consul tant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement ar e subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not re lieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manag er or designee (Effective Date). DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 5 of 11 Revised February 2020 4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended by authority of the City Manager or designee . 4.3 The Consultant agrees to begin work on those authorize d Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant an d City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “c ompletion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equ ipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a de sign professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consult ant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontracto r has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 6 of 11 Revised February 2020 extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If th e Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failu re to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant sh all submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 7 of 11 Revised February 2020 8.3.2 Consultant shall submit all completed and/or partially completed work under this Ag reement, including but not limited to specifications, designs, plans and exhibits . 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total servic es actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the sta tement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of ev ery kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any be aring on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hou rs. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and a ppropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplie r or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any ot her remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obliga tions; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 8 of 11 Revised February 2020 10.1.3 Losses are incurred because of error s and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and /or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusi ve remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occu rrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) mod ify the initial request for DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 9 of 11 Revised February 2020 remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respec tive organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the disput e within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a mat erial breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant a nd to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special inc idental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been dire ctly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the par ties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litiga tion arising out of or DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 10 of 11 Revised February 2020 connected to this Agreement, to proceed with a trial before the court, unless both parties sub sequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein , and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competen t licensed professionals practicing under the same or similar circumstances and professional license; and perfo rmed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in wha t manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrume nt signed by both the City and Consultant. 13.7 No Third Party Beneficiaries . Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party benefici aries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Contract for Professional Services Page 11 of 11 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $5 0,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/e lf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html . 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s O ffice. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city -secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or in validate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceab le, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, INC. ____________________________________ _____________________________________ Michael Rodriguez Date Dan S. Leyendecker, P. E Date Chief of Staff 801 Navigation, Suite .300 Corpus Christi, TX 78408 (361)883-1984 Office dan@lnvinc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 2/4/2021 Table of Contents City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A EXHIBIT A: SCOPE OF WORK CITY OF CORPUS CHRISTI ONSWTP FILTER BUILDING REHABILITATION – PHASE 2 CITY PROJECT NO. 20094A Table of Contents I.PROJECT BACKGROUND ..................................................................................................... 1 II.DESCRIPTION OF SCOPE ...................................................................................................... 2 III.SCOPE LIMITING ASSUMPTIONS .......................................................................................... 2 IV. SCOPE OF WORK ................................................................................................................... 2 BASIC SERVICES 1.0 PRELIMINARY DESIGN PHASE(N/A) ............................................................................................... 2 2.0 DESIGN PHASE .................................................................................................................................. 3 3.0 BIDDING AND AWARD PHASE ........................................................................................................ 6 4.0 CONSTRUCTION PHASE .................................................................................................................. 7 ADDITIONAL SERVICES 1.0 AMERICAN DISABILITY ACT/TEXAS ACCESSIBILITY STANDARDS ............................................. 9 2.0 WINDSTORM CERTIFICATION SERVICES .................................................................................... 10 3.0 ASBESTOS & LEAD BASED PAINT INSPECTION AND REPORT ................................................ 10 EXHIBIT B: PROJECT SCHEDULE ……………….……………………………..…………..…………12 EXHIBIT C: PROJECT FEES.……....……………………………………………..…………..…………13 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 1 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A I.PROJECT BACKGROUND The O.N. Stevens Water Treatment Plant (ONSWTP) provides treated drinking water to the City of Corpus Christi (City). Apart from treatment facilities and chemical storage units, the ONSWTP also has office buildings to serve plant operators and City staff. In the recent past, the City has been looking to allocate additional office space to serve the growing water quality and storm water team on site. In this regard, under the O.N. Stevens Water Treatment Plant Filter Building Expansion Feasibility Assessment project (City Project E16364-TA19), LNV, Inc. was authorized to perform a preliminary walk-through assessment of the exterior and interior of Filter Building 1 to determine renovation needed to convert the space into offices for the Water Quality Department and Storm Water Department. In May 2018, LNV performed a visual inspection of the interior and exterior of Filter Building 1 . The Filter Building is a two-story building which in the basement (at ground level) houses mechanical equipment for the filters located to the east of the building. The second floor of the building originally contained basin control consoles but is no longer in use. The filter equipment in the basement is intended to remain in place and the scope of the inspection primarily focused on the second floor to assess its suitability for conversion into an office space. As per City directive, all modifications to Filter Building 1 both interior and exterior, would need to be made to match, within the budgetary mandates stipulated by the City, the construction and finishes used at the adjacent Filter Building No. 2. Based on the inspection and programming requirements acquired from City staff, preliminary layouts for upgrades to the building were provided along with the following observations and recommendations: •Provide air conditioning of second floor. •Insulate the bottom of existing second floor concrete slab, (basement ceiling), due to new air conditioning of the upper floor. •Provide for new fire sprinkler system at second floor and at basement level either by new standalone system or by extending existing Filter Building No. 2 system. if possible. •New egress stair. •Provide for natural ventilation at basement level. EXHIBIT A PAGE 1 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 2 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A •All new glazing shall be impact rated in TDI windstorm certified assemblies. A detailed report documenting all observations, recommendations, preliminary layouts, proposed project schedule and opinion of probable construction cost was submitted to the City on July 31, 2018. II.DESCRIPTION OF PROJECT SCOPE The purpose of this project is to build on the work completed under E16264-TA19-ONSWTP Plant Filter Building Expansion Feasibility Assessment and provide architectural and engineering design, bid, construction and additional services to implement the modifications and upgrades recommended for Filter Building 1 under City project E16264-TA19. III.SCOPE LIMITING ASSUMPTIONS The following scope limiting assumptions have been defined: •The scope of this project will build on the work completed under E16264-TA19-ONSWTP Plant Filter Building Expansion Feasibility Assessment and hence will not include a 30% or 60% design submittal. The City staff will be able to provide input and review key design decisions during regularly scheduled meetings and design workshops. The AE Consultant will prepare a 100% pre -final submittal for City review and a final signed and sealed set of bid documents, incorporating all necessary comments and suggestions. •The modifications will be limited to the second floor of Filter Building 1. Only the basement ceiling (bottom of existing second floor concrete slab) will be insulated and exterior windows will be replaced with new Texas Department of Insurance (TDI) windstorm approved assemblies. The mechanical equipment for the filters in the basement will not be included in the scope of work and all equipment will remain operational throughout the duration of construction. IV.SCOPE OF WORK BASIC SERVICES 1.PRELIMINARY DESIGN PHASE – N/A EXHIBIT A PAGE 2 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 3 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A Under City project E16264-TA 19-O.N. Stevens Water Treatment Plant Filter Building Expansion Feasibility Assessment, certain design criteria were already established for the modifications to be made to Filter Building 1. The design phase for this project will take into account and build on the work already completed under E16264-TA19. 2.DESIGN PHASE Under this phase of work, the AE Consultant will perform the following services: 2.01 Meetings and Coordination: Conduct and attend regular meetings with the City to discuss critical decisions and update the City on project progress. The Project Manager will serve as primary contact regarding all aspects of the project. The following meetings and workshops are anticipated to be conducted during the design phase: •Project Kickoff Meeting •Project Monthly Update Meetings (up to 6) •Pre-Final Design Workshop 2.02 Architectural Design Services: The Architect will update the information presented under City project E16264 and provide architectural design services to upgrade the interior and exterior of Filter Building 1 in accordance with all latest building codes and City staff requirements. 2.03 MEP Design Services: The Engineer will update the information provided in the final report of City project E16264 and provide design services for the following improvements to Filter Building 1: •HVAC and ductwork •Plumbing system and condensate disposal layout •Electrical improvements EXHIBIT A PAGE 3 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 4 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A •Instrumentation and controls •Incorporation of permit review comments 2.04 Structural Design Services: The Engineer will provide structural engineering design services. This will include preparing structural drawings and specifications required for the upgrades and modifications to Filter Building 1. 2.05 100% Pre-Final Design Submittal: The 100% Pre-final Design submittal will include detailing the plans, specifications, project cost, schedule and other details based on the final report submitted under City project E16264-TA19. Work generally consists of completing typical and project details, incorporating City preferences in design, completing specifications, and completing coordination between architectural, structural and MEP engineers. The AE consultant will prepare the following for the 100% pre-final design: i.Construction plans completed to 100% consisting of complete architectural, structural, and MEP details. All Construction plans will be on 22”x34” sheets. ii.Construction specifications completed to 100% which are anticipated to include: •Revised front end documents (Division 0). •Revised general requirements of contract (Division 1) •Divisions of technical specifications (Division 2 onwards, as needed) •All technical specifications will be prepared in accordance with the Construction Specifications Institute (CSI) for Divisions 1 to 48. iii.Project Schedule and Construction Sequencing which will include a detailed phased approach to track progress and payments. iv.Architect’s Estimate of Probable Construction Cost based on final design and construction plans. EXHIBIT A PAGE 4 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 5 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A 2.06 FINAL Design-Construction Documents: The FINAL Design will incorporate the comments received from the City into a set of Contract Documents. All plans, specifications, and calculations required for the regulatory submittals will be sealed and signed by a Licensed Architect and/or Professional Engineer, as appropriate, who is registered in the State of Texas. The calculations will include those calculations required for permit review and approval (e.g. structural, plumbing, electrical, and drainage). Specifications will be delivered as an 8 - 1/2” x 11” set and on a CD-ROM in Microsoft Word and in Adobe PDF (or as directed by City). Plans will be submitted as both full size and ½-size and on a CD-ROM in electronic files for the project in AutoCAD R2018, or as directed by City. Upon the receipt of the final comments from City and the regulatory agencies, the AE Consultant will incorporate the final comments into the construction documents and prepare them for distribution to the City, bidding Contractors, and the Team. •Notes and Scope Assumptions: o During the design phase regular update meetings will be scheduled with the City staff and project team as per the schedule shown under Task 1. o The 100% pre-final design documents will be submitted to the City staff for review and feedback. The schedule anticipates a two (2) week city review period. o At the end of the review period, a 100% pre-final workshop will be conducted with City staff to assimilate all comments and address any questions or concerns in the design. o The comments received will be incorporated as appropriate into the FINAL design package and submitted to the City for proceeding with the bidding and award phase. o It is assumed that this project will qualify for the industrial affidavit permit exem ption. Deliverables: •2 Sets of Plans (100% Pre-Final and FINAL) •2 Sets of Specifications (100% Pre-Final and FINAL) •Construction Cost Estimates (100% Pre-Final and FINAL) •1CD of Specifications/Drawings in electronic format (PDF, Word and CAD files) EXHIBIT A PAGE 5 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 6 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A 2.07 QA/QC: The Architect and Engineers will provide QA/QC services. A Senior Architect and Engineer will review the 100% pre-final and FINAL design submittal for technical merit, quality of drawings and specifications, and interdisciplinary coordination prior to submittal to the City. The Design Team and the QA/QC Architect and Engineer will meet to review and resolve comments and discuss suggested modifications to the 100% pre-final and FINAL design submittal. The comments and resolutions will be documented appropriately. 3.BID PHASE The A/E will: •Participate in the pre-bid conference to discuss scope of work and to answer scope questions •Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. •Attend bid opening and assist with the evaluation of bids. •Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. •For bids over budget, the A/E will confer with City staff and provide revisions to the bid documents as the City staff and A/E deem necessary to re-advertise the project for bids. •Provide two (2) hard copy set and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. The City staff will: •Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. •Coordinate the review of the bids with the A/E. •Prepare agenda materials for the City Council concerning bid awards. •Prepare, review and provide copies of the Contract for execution between the City and the Contractor. EXHIBIT A PAGE 6 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 7 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A 4.CONSTRUCTION PHASE The intent of the Construction Phase is to assist the City in confirming that construction of the Project is carried out in accordance with the requirements of the Contract Documents and the requirements of the City and regulatory agencies, within the project schedule, and with a minimum of disruption to ongoing activities at the facility. The anticipated construction duration for this project is nine (9) months. During the construction phase of the project, the AE Consultant will assist the City by performing the following tasks: 4.01 General Project Administration and Meetings •Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted by the project. •Conduct monthly progress update meetings with City staff. Provide progress reports to City as requested. •Provide construction administration, quality control, value engineering support and coordination. Deliverables: Meeting agenda, Meeting Notes and Progress Reports as required 4.02 Perform Site Visits In addition to field services described above, the design team will conduct regular visits to the site (at least one (1) per month) to familiarize themselves with the status of work, make spot checks of work -in- progress, verify conformance with the design intent, and conduct detailed coordination of construction issues. Field reports will be kept to document progress and issues. A total of (10) site visits are anticipated for the duration of construction. Deliverables: Field Reports as necessary 4.03 Review Submittals and Test Results The AE Consultant will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to EXHIBIT A PAGE 7 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 8 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A submit. The AE Consultant will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. Deliverables: Monthly Updated Submittals Log Reviewed Submittals with Submittal Status Test Data Reviews 4.04 RFIs and ASIs The AE Consultant will act as main point of contact for interpretation of the requirements of the Contract Documents and judge of the acceptability of the work based on the requirements shown or specified. The AE Consultant will be responsible for responding to Requests for Information (RFI) within five (5) business days and for monitoring the status and timeliness of responses. Deliverables: RFI Responses Contractor or City-Requested Change Reviews as necessary Contract Document Interpretations and Clarifications as necessary 4.05 Substantial Completion Following notice from the Contractor, the AE Consultant will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If the Engineer considers the work substantially complete, then the AE Consultant will deliver to City and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for the punch list, and recommendation for division of responsibilities between the City and the Contractor. Deliverables: Substantial Completion Recommendation Substantial Completion Punch List 4.06 Final Punch List AE Consultant will conduct a final inspection to determine if the finished work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled his obligations as required. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. EXHIBIT A PAGE 8 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 9 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, the AE Consultant will review and determine that items on the final list have been completed or corrected and make recommendations to the City concerning acceptance and final payment. Deliverables: Final Completion Recommendation Final Completion Punch List 4.07Record Drawings The Engineer will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor. Deliverables: 1 full-size and 1 half-size drawing set 1 CD of drawings in AutoCAD and PDF format ADDITIONAL SERVICES This section defines the scope for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the City Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by City Engineering Services as required. The AE Consultant will, with written authorization by the Director of Engineering Services, do the following: 1.American’s With Disability Act (A.D.A) / Texas Accessibility Standards (T.A.S) All new and/or renovated facilities are required to meet the 2012 ADA requirements. In the state of Tex as construction projects are governed by TAS. All projects are required to be registered with the state through the Texas Department of Licensing and Regulation (TDLR). Registration is done on-line and a Registered Accessibility Specialist (RAS) is assigned or selected to perform initial plan review for compliance in all required areas. When construction is complete, the RAS will perform a final inspection of the project to verify that everything has been installed per the plans and specifications as it relates with the TAS guidelines. EXHIBIT A PAGE 9 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 10 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A 2.Windstorm Certification Services The Engineer will perform Windstorm calculations, inspections and provide certification for the sodium permanganate containment area through the following tasks: •Prepare WPI-1 form in accordance with the requirements of the Texas Department of Insurance (TDI) for Windstorm for the each of the New Structures; including foundations. •Review design calculations for new building structures and foundations to insure design is in accordance with the International Building Code 2003/2006 and Texas Dept. of Insurance for Windstorm compliance. •Perform wind pressure calculations in accordance with the International Building Code 2003/2006 for all building envelopes to insure all component and cladding elements meet or exceed the requirements of TDI for Windstorm. •Review all necessary submittals for foundation reinforcing, wall and floor framing, windows/frames/anchoring, doors/frames/anchoring, louvers/frames/anchoring and roofing for compliance with TDI. Initial submittal review and one (1) re-submittal review is included in this contract. Additional review of re-submittal’s will be performed at an hourly rate of $150.00. •Perform necessary inspections during the entire construction process for all buil dings and their respective foundation systems as required to visually verify that all foundation reinforcing, anchorage, primary and secondary framing, connections, sheathing installation, doors, windows and louvers are all constructed as designed. Additional re-inspections will be performed at an hourly rate of $150.00. •Submit WPI-2 –BC-5 forms upon completion of construction to receive the WPI-8 Windstorm Certificate. •Windstorm Certification Requirements: The Contractor/Owner shall be responsible for providing all necessary Design / Assembly Documentation to the Windstorm Engineer / Inspector as required to conform to the requirements of the Texas Department of Insurance. 3.Asbestos and Lead Based Inspection and Report The City of Corpus Christi requires that all renovation projects have an Asbestos and Lead Based Paint inspection done prior to issuing a permit for construction. EXHIBIT A PAGE 10 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit A – Scope of Work Page 11 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A A firm licensed to inspect and test for these items will be contracted to take samples at project site. A report will be provided by the firm identifying any areas of concern. Items noted will be encapsulated or abated so that they are no longer a threat for future occupants of the newly renovated spaces. EXHIBIT A PAGE11 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Exhibit B – Project Schedule Page 12 June 10, 2020 City of Corpus Christi, TX ONSWTP Filter Building Rehabilitation – Phase 2 Project No. 20094A EXHIBIT B: PROJECT SCHEDULE CITY OF CORPUS CHRISTI ONSWTP FILTER BUILDING REHABILITATION – PHASE 2 CITY PROJECT NO. 20094A TASK DURATION SCHEDULE Notice to Proceed (NTP) - To be determined (TBD) Design Phase 6 months 6 months after NTP Bidding and Award Phase 4 months 10 months after NTP Construction Phase 9 months 19 months after NTP EXHIBIT A PAGE 12 OF 15 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 CLIENT: CITY OF CORPUS CHRISTI PROJECT: ONSWTP FILTER BUILDING EXPANSION PROJECT P.No:20094A EXHIBIT C: PROJECT FEES ORIGINAL CONTRACT BASIC SERVICES 1.0 Preliminary Design Phase -N/A -$ 2.0 Design Phase 114,194.00$ 3.0 Bidding and Award Phase 5,280.00$ 4.0 Construction Phase 43,926.00$ 163,400.00$ 1.0 American Disability Act/Texas Accessibility Standards 2,520.00$ 2.0 Windstorm Certification Services 5,670.00$ 3.0 Asbestos & Lead Based Paint Inspection & Report 8,408.00$ 16,598.00$ 179,998.00$ TABLE 1: SUMMARY OF PROJECT FEES TASK DESCRIPTION SUBTOTAL BASIC SERVICES TOTAL AUTHORIZED FEES ADDITIONAL SERVICES (Allowance) SUBTOTAL ADDITIONAL SERVICES EXHIBIT A PAGE 2 OF 15 June 10, 2020Page 13Exhibit C - Summary of Project Fees DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 1 EXHIBIT C PAGE 1 OF 3 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a 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, 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 $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 2 EXHIBIT C PAGE 2 OF 3 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made 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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees 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 professional liability/Errors & Omissions policy; 1.6.2 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; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT C PAGE 3 OF 3 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 b.Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c.Challenging a set-off against payment due; or d.Seeking a Modification with respect to the terms of the Contract. 14.City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15.Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16.Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a.The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b.The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c.The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d.The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e.The Clean Water Act, 33 U.S.C. §§1251 et seq.; f.The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g.Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17.Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18.Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a.Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b.Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19.Contract Documents - Those items designated as Contract Documents in the Agreement. 20.Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21.Contract Times - The number of days or the dates by which Contractor must: a.Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY�c�1�1 y�­ PURCHASJNG DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekin� to do business with the City to provide the following information. Every question must be answered. It the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Ce1tifications and definitions. COMPANY NAME: LNV,Inc. P.O.BOX: STREET ADDRESS: 801 Navigation Blvd., Suite 300 CITY:Corpus Christi ZIP: FIRM JS: l. Corporation [if] 4. Association D 2. Partnership 5. Other B 3.Sole Owner D DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I.State the names of each "employee" of the City of Corpus Christi having an "'ownership interest"constituting 3% or more of the ownership in the above named "finn." Name Job Title and City Department (if known)NIA 2.State the names of each "official" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named "finn." Name TitleNIA 3.State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or CommitteeNIA 4.State the names of each employee or officer of a "consultant" for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named "firm." Name NIA Consultant EXHIBIT "E Pa2:e 1 of2 78408 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Le (Type or Print) Signature of Certifying Person: DEFINITIONS Title: President ,,Date: January 13, 2020 a."Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b."Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c."Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d."Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e."Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division !Jeads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.·'Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special tenns of venture or partnership agreements." g."Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 DocuSign Envelope ID: 65FEA9EA-A2A0-4E88-A499-AE1D425D4CE4 Capital Improvement Plan City of Corpus Christi, Texas 2019 2023 thru Description This project will complete rehabilitation of the Filter Building at ONSWTP originally constructed in 1954. Phase 1 addressed the North wing and was completed in 2013. Under Phase 2, the South wing will be rehabilitated to house Water Quality (WQ) and Environmental Quality (EQ) staff currently located in the Chemical Building at ONSWTP. Work will consist of removing hazardous asbestos, performing structural repairs as needed, and reconfiguring available space to accommodate multiple offices, breakroom and restrooms. Currently, WQ and EQ staff are housed in a former sub-standard industrial building in close proximity to hazardous chemicals. Project #20094A Priority 2 Critical- Asset Condition\longe Justification Consistency with the Comprehensive Plan: Policy Statements pp. 48: 1,3 & 6; pp. 55-57; Water Master Plan This project will provide safe and functional work space for Water Quality team and laboratory staff and equipment. Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Useful Life 40 years Project Name ONSWTP Filter Bldg Rehabilitation Ph#2 Category Water Treatment Type Reconditioning-Asset Longevit Contact Director of Water Utilities Department Water Department Status Active Total2019 2020 2021 2022 2023Expenditures 1,900,0001,900,000Construction/Rehab 200,000200,000Inspection 200,000200,000Design 200,000100,000 100,000Contingency 300,000 2,200,000 2,500,000Total Total2019 2020 2021 2022 2023Funding Sources 2,500,000300,000 2,200,000Revenue Bonds 300,000 2,200,000 2,500,000Total 643 DATE: January 7, 2021 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 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a professional services contract to Hanson Professional Services, Inc., Corpus Christi, Texas, for design, bid, and construction phase services for the reconstruction of McArdle Road from Carroll Lane to Kostoryz Road, located in Council Districts 2 and 3, in an amount of $544,933.75, with FY 2021 funding available from the Bond 2018 Street Proposition B, Storm Water, Wastewater, and Water Funds. SUMMARY: This motion awards a professional services contract that provides for the design, bid, and construction phase services for the reconstruction of McArdle Road from Carroll Lane to Kostoryz Road. The project improvements include new pavement reconstruction with curb and gutter, sidewalks, pedestrian ADA improvements, signs, pavement markings, and utility upgrades. BACKGROUND AND FINDINGS: McArdle Road from Carroll Lane to Kostoryz Road is classified as a Minor Residential Collector Street and is approximately 0.5 miles in length. This section of the street was originally constructed in 1946 with the last reconstruction completed in 1988. The project was approved by voters as part of the Bond 2018 program. The existing roadway is currently experiencing continuous pavement distresses and failures and is in poor condition. This project is for the reconstruction of the existing two-lane roadway which is a 36-foot-wide curb and gutter asphalt roadway with underground storm drains and sidewalks on both sides. This portion of McArdle Professional Services Contract McArdle Road - Carroll Lane to Kostoryz Road (Bond 2018, Proposition B) AGENDA MEMORANDUM Action Item for the City Council Meeting February 16, 2021 Road provides access to two adjacent residential neighborhoods. The proposed project will maintain the same roadway width while providing a new pavement structure, driveways, drainage improvements, ADA compliant pedestrian improvements, with new signs, pavement markings, and utility upgrades. PROJECT TIMELINE: 2020 2021 2022 M A M J J A S O N D J F M A M J J A S O N Design Bid/Award Construction Project schedule reflects City Council award in late February 2021 with design commencing March 2021. Project anticipated completion in November 2022. COMPETITIVE SOLICITATION PROCESS Hanson Professional Services, Inc. of Corpus Christi, Texas was selected for the Bond 2018 McArdle Road project in December 2018 under RFQ 2018-10. McArdle Road was one of thirty- two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. Hanson Professional Services, Inc was among one of the thirteen qualified firms selected in the Transportation Category and McArdle Road was one of their preferred projects. The selection committee with representatives from the Streets Department and Engineering Services ranked Hanson Professional Services, Inc, qualifications based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Hanson Professional Services, Inc. has completed projects for the City such as the Residential Street Rebuild Program, Gollihar Rd from Staples St. to Weber Rd., and S. Staples St from Morgan Ave to IH-37. ALTERNATIVES: Any alternative to awarding this contract to Hanson Professional Services, Inc, will delay the construction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $544,933.75 with funding available from the Bond 2018 Street Proposition B, Storm Water, Wastewater, and Water Funds. FUNDING DETAIL: The project is funded by Bond 2018. The Capital Improvement Program (CIP) shows the project is planned for FY 2022. The project is ready to be implemented and the expenditures shown in the CIP will be revised. Fund: Street Bond 2018, Proposition B (Fund 3557) Mission Elem: Street Pavement Maintenance (051) Project: McArdle Road - Kostoryz Rd. to Carroll Ln. (Project No. 18031A) Account: Outside Consults (550950) Activity: 18031-A-3557-EXP Amount: $262,658.04 Fund: Storm Water 2020 (Fund 4532) Mission Elem: Storm Water Drainage (043) Project: McArdle Road - Kostoryz Rd. to Carroll Ln. (Project No. 18031A) Account: Outside Consults (550950) Activity: 18031-A-4532-EXP Amount: $143,862.52 Fund: Water Cap Resv (Fund 4480) Mission Elem: Water Distribution System (041) Project: McArdle Road - Kostoryz Rd. to Carroll Ln. (Project No. 18031A) Account: Outside Consults (550950) Activity: 18031-A-4480-EXP Amount: $71,386.34 Fund: Wastewater 2015 (Fund 4254) Mission Elem: Wastewater Collection System (042) Project: McArdle Road - Kostoryz Rd. to Carroll Ln. (Project No. 18031A) Account: Outside Consults (550950) Activity: 18031-A-4254-EXP Amount: $67,026.85 RECOMMENDATION: Staff recommends award of the contract to Hanson Professional Services, Inc, in the amount of $544,933.75. The design phase will start in March 2020 with design completion planned in August 2021. Construction is planned to start in December 2021 with completion in November 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract McARDLE GOLLIHAR CARROLLKOSTORYZTIGERIVYSACKYHAKELNESBITTCOSNER FIRFOLEY HERITAGE MAHAN MOKRYODEMLAURAKASPERPHILIPWILLOWCOTTAGEQUEENMONITORBENTWOODANTHONYKOSAREKSUNNYBROOK CONCORDRANDALLMORAVIANBRUSHWOODCHERRYNICHOLSONKIRKWOODBRANDESKYMARIONCRANELAMONT SHASTAROSS SURREYLINCOLN BROUGHTONJOHANNAHOLLYWOOD MISTLETOEBONHAMCOPUS ANTHONYNESBITTKIRKWOODODEMKASPERNICHOLSONCOSNERKOSAREKCONCORDMORAVIANMORAVIANMOKRYMARION MOKRYHAKELMORAVIANKOSAREKLAMONT MCARDLE ROAD -CARROLL LANE TOKOSTORYZ ROAD Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Proje ct PROJECT NO. 18031A . Contract for Professional Services Page 1 of 11 Revised January 2021 SERVICE AGREEMENT NO. 3460 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18031A McArdle Rd. – Carroll Ln. to Kostoryz The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Hanson Professional Services Inc., 4501 Gollihar Road, Corpus Christi, Nueces County Texas 78411, hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I – SCOPE OF SERVICES ..............................................................................2 ARTICLE II – QUALITY CONTROL .................................................................................3 ARTICLE III – COMPENSATION .....................................................................................3 ARTICLE IV – TIME AND PERIOD OF SERVICE ...........................................................4 ARTICLE V – OPINIONS OF COST ................................................................................5 ARTICLE VI – INSURANCE REQUIREMENTS ...............................................................5 ARTICLE VII – INDEMNIFICATION .................................................................................5 ARTICLE VIII – TERMINATION OF AGREEMENT .........................................................6 ARTICLE IX – RIGHT OF REVIEW AND AUDIT .............................................................7 ARTICLE X – OWNER REMEDIES .................................................................................7 ARTICLE XI – CONSULTANT REMEDIES......................................................................8 ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ..................................................8 ARTICLE XIII – MISCELLANEOUS PROVISIONS ........................................................ 10 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 2 of 11 Revised January 2021 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 3 of 11 Revised January 2021 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $_544,933.75 . 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 4 of 11 Revised January 2021 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 5 of 11 Revised January 2021 4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended by authority of the City Manager or designee. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 6 of 11 Revised January 2021 court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 7 of 11 Revised January 2021 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 8 of 11 Revised January 2021 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 9 of 11 Revised January 2021 days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 10 of 11 Revised January 2021 do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Contract for Professional Services Page 11 of 11 Revised January 2021 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ____________________________________ Michael Rodriguez Date Chief of Staff Hanson Professional Services, Inc. _____________________________________ James Messmore, Date Senior, Vice President 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814-9900 Office (361) 814-4401 Fax jmessmore@hanson-inc.comAPPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008 1/28/2021 DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 1/28/2021 EXHIBIT “A” Page 1 of 10 Revised 27 February 2020 EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS “MCARDLE ROAD” PROJECT NO. 18031A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract; Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. c) Develop preliminary requirements for utility relocations, replacements or upgrades. Coordinate with the City’s Project Manager and identify Operating Departments potential Project needs. d) Develop preliminary typical street sections and pavement sections, incorporating the City’s Geotechnical Consultant’s recommendations. All streets shall be designed with flexible and rigid pavements. e) Identify preliminary right-of-way acquisition requirements and illustrate on a schematic strip map. f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by the Project storm system. h) Conduct preliminary hydraulic analysis to quantify the storm water design of existing and proposed systems. i) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. j) Conduct preliminary analysis of lighting and traffic signalization, including existing equipment, above/below ground electrical service, lane designations, etc. Coordinate signal requirements with City Street Department. Provide recommendations for improvements/upgrades. k) The AE will participate in discussions with the Operating Department ; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. l) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 2 of 10 Revised 27 February 2020 construction, and geotechnical issues; upon request or concurrence of the Project Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. m) Identify and recommend public outreach and community stakeholder requirements. n) Request and review traffic counts from the City PM. o) Prepare an Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right-of-Way (ROW) Survey services), right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings and criteria for pavement design, including the projected growth rate, 30-year ESAL estimate and SN value, 30-year pavement recommendation, etc. a. Analyze proposed pavement options and provide recommendation for most cost-effective pavement section that accommodates traffic requirements, budget constraints, utility needs, etc. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels p) Submit one (1) copy in an approved electronic format, and three (3) hard copies of the Draft Engineering Letter Report. q) Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. r) Participate in Project review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. s) Address review comments and questions and provide written responses to the City PM. t) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 3 of 10 Revised 27 February 2020 City staff will provide electronic copies of the following information (as applicable and requested through the City PM): a) Electronic index and database of City’s Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans (as available from City Engineering files). d) Copy of Geotechnical Investigation Report. g) Traffic counts. Note: Applicable Master Plans and GIS mapping are available on the City’s website. The records provided for A/E’s use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. c) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined may require Subsurface Utility Location by others during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22” x 34”). 2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 4 of 10 Revised 27 February 2020 phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. --- OR--- Provide Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor’s Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 4. Include computer model results and calculations used to analyze drainage. f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half- size (11” x 17”) hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60% submittal,” which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City’s Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 5 of 10 Revised 27 February 2020 ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (l) below. k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. l) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. m) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference to discuss scope of work and to answer scope questions. b) Review all questions concerning the bid documents and prepare any revisions to the plans, specifications, and bid form that are necessary. c) Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. d) For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. e) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original format [CAD/Word/etc.]) to the City. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation, and conduct the bid opening. b) Coordinate the review of the bids with the A/E. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 6 of 10 Revised 27 February 2020 c) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. c) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative (OAR). d) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. e) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the OAR f) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. g) Review Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. h) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 7 of 10 Revised 27 February 2020 will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Texas Department of Licensing and Regulation (TDLR) 1. Register the project with the Texas Department of Licensing and Regulation (TDLR) and pay associated fee. 2. Provide copy of Contract Documents along with appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements by a Registered Accessibility Specialist (RAS). 3. Coordinate RAS inspection services at the end of construction and pay associated fee. 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City’s Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. j) Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services, but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 8 of 10 Revised 27 February 2020 l) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. p) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 4. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. Due to COVID-19 restrictions the above requirement for public meeting involvement may change to digital public outreach. This digital public outreach includes the responding to and communicating with resident questions and concerns provided to you by the Engineering PIO, development of additional exhibits to highlight project details, reviewing of public outreach materials including brochures, mailouts, website, and social media graphics to ensure accuracy of documents, and additional zoom style meetings with stakeholders as needed during both the construction and design phase of the project. 6. Subsurface Utility Investigation Coordinate with the City’s SUE Provider. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 9 of 10 Revised 27 February 2020 correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Televising Utility Lines Coordinate with the City’s Utility Departments to determine the existing conditions based on the City obtain video information. II. SCHEDULE Date Activity February, 2021 Notice to Proceed March, 2021 Draft ELR Submittal February, 2021 Topographic Survey & Base Mapping April, 2021 City Draft ELR Review Complete May, 2021 Final ELR submitted to City July, 2021 60% Plan Submittal July, 2021 City 60% Plan Review Complete August, 2021 90% Plan Submittal August, 2021 City 90% Plan Review Complete September, 2021 100% Pre-ATA Submittal September, 2021 Final Sealed Bid Package October, 2021 Advertise For Bids October, 2021 Pre-bid Conference November, 2021 Receive Bids December, 2021 Contract Award January, 2022 Begin Construction January, 2023 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly p ayments in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services”, the City will pay the A/E a not-to-exceed fee as per the table below: DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D EXHIBIT “A” Page 10 of 10 Revised 27 February 2020 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 1 Rev 12/20 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a 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. 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 PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made 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. Consultant is required to provide City with renewal Certificates. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 2 Rev 12/20 1.5 Consultant is 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known) 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Title 3.State the names of each “board member” of the City of Corpus Christi having an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or Committee 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christiwho worked on any matter related to the subject of this contract and has an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.” Name Consultant COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: STATE: ZIP: Hanson Professional Services Inc. 4501 Gollihar Road Corpus Christi TX 78411 x N/A N/A N/A N/A DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person (Type or Print) Title: Signature of Certifying Person Date: DEFINITIONS a. “Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. “Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Wilfredo Rivera, Jr., P.E.Vice-President 01-04-2021 DocuSign Envelope ID: AD5914B5-541C-4579-89A4-9F20A12A9008DocuSign Envelope ID: 9B706E6D-DBA4-497F-8ECB-8CDDFCEECE1D CCapital Improvement Plan City of Corpus Chris ti, Texas 2019 2023thru Description This project consists of reconstruction of existing roadway with new pavement, curb & gutter, sidewalk, ADA compliant curb ramps, signage, pavement markings, traffic signalization improvements, and concrete bus pads. Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. Project #18031A Justification Consistency with the Comprehensive Plan; Policy Statements pp. 25-32; Transportation Master Plan. This project will replace aging utilities where applicable, improve the road to accommodate heavier traffic flows and provide a safer driving experience. Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Useful Life 25 years Project Name McArdle Road (Carroll Ln to Kostoryz Rd) Category Street-Rehabilation Type Reconditioning-Asset Longevit Department Street Department Status Active Total2019 2020 2021 2022 2023Expenditures 1,325,0001,325,000Construction/Rehab 725,900725,900Storm Water-St. 361,500361,500WasteWater-St 337,400337,400Water-St. 2,749,800 2,749,800Total Total2019 2020 2021 2022 2023Funding Sources 1,325,0001,325,000G.O. Bond 2018 1,424,8001,424,800Revenue Bonds 2,749,800 2,749,800Total Contact Director of Public WoUNV Priority 2 Critical- Asset Condition\longe 550 DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM : Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3935 Charles Mendoza, Director of Asset Management Charlesm2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3682 CAPTION: Motion authorizing a design/build contract for the construction of a new Emergency Medical Services (EMS) Central Building with Barcom Construction, Inc. from Corpus Christi, Texas, for an amount not to exceed $448,184, effective upon issuance of a notice to proceed, with funding from FY 2018 Bond Proposition E - Public Safety Improvements. SUMMARY: This is a motion to approve a Design-Build contract with Barcom Construction, Inc. to construct a new EMS Central Building on City owned property behind Firestation 18 . The new EMS Central Building will be designed to house reserve emergency response units and equipment for the Corpus Christi Fire Department. This building will be constructed at the Firestation 18 property located at 6226 Ayers Street, Corpus Christi, TX. 78415. The building will be approximately 4,350 SF, open bay, Pre -Engineered Building (PEB), on a reinforced concrete slab. There will be (3) overhead doors for access to the (3) truck bays, (1) personnel door, high bay lighting, electrical receptacles, exterior lighting, and (6) shore power charging stations for each vehicle. Exterior to the building will be a reinforced concrete apron connecting the adjacent concrete driveway to the new facility. Construct New EMS Central Building AGENDA MEMORANDUM Action Item for the City Council Meeting February 16, 2021 BACKGROUND AND FINDINGS: The Bond 2018 Ordinance authorized the City to issue bonds for “designing, constructing, renovating, improving, expanding, upgrading and equipping…EMS Central Building .” The most economical solution is to construct a new EMS building co-located on City owned Firestation 18 property. Constructing this facility will provide an adequately configured, energy efficient building, to support the mission requirements of the Corpus Christi Fire Department. The Contracts and Procurement Department conducted a competitive RFQ process to obtain qualified firms for this project. The City received five proposals, conducted an evaluation of the proposals with a (5) person committee, and conducted interviews for the qualified firms. The evaluation committee is recommending the award to Barcom Construction, Inc to construct a new EMS Central Building on City owned property behind Firestation 18. The Contracts and Procurement Department requested a cost proposal from Barcom and received the proposal on 1/7/2021 in the amount of $448,184.00. ALTERNATIVES: The alternative to not accepting this bid would be that the City of Corpus Christi would be forced to store reserve units in the open environment leading to premature deterioration, corrosion, and vandalism. FISCAL IMPACT: The fiscal impact from Bond 2018 funds is approximately $448,184.00. Funding Detail: Fund: 3192 – Fire Bond 2018 Organization/Activity: 18178A-3192-EXP Mission Element: 091 Project # (CIP Only): 18178A – EMS Central Building Account: 550910 – Construction contracted RECOMMENDATION: Staff recommends approval of this motion to execute a Design-Build contract with Barcom Construction, Inc. to construct a new EMS Central Building as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Committee Matrix Barcom Cost Proposal RFQ NO. 3240 Design/ Build Services for EMS Central Building Proposal Evaluation Barcom Construction Gourley Contractors Teal Construction Spaw Construction Hanes Services MINIMUM QUALIFICATIONS (PASS/FAIL)Pass Pass Pass Pass Pass Licensing/Certification No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS)57 53 55 55 45 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) INTERVIEW (50 PTS)39 33 37 38 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) Total 96 86 92 93 45 RFQ NO. 3240 Design/ Build Services for EMS Central Building Technical Proposal Results Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Committee Member#5 Average 1 Barcom Construction 60 51 59 59 57 2 Gourley Contractors 45 47 60 58 53 3 Teal Construction 55 60 47 58 55 4 Spaw Construction 50 60 51 58 55 5 Hanes Services 30 50 45 53 45 1 0% Procurement Officer RFQ NO. 3240 Design/ Build Services for EMS Central Building Interview Results Firm Names Committee Member#1 Committee Member#2 Committee Member#3 Committee Member#4 Committee Member#5 Average 1 Barcom Construction 40 39 40 37 39 2 Gourley Contractors 25 32 38 37 33 3 Teal Construction 38 36 37 35 37 4 Spaw Construction 39 39 38 37 38 Procurement Manager General Conditions 44,456.00$ Permit 4,410.00$ Layout 2,500.00$ Temporary Fence 1,684.00$ Sitework 38,422.00$ Concrete Paving 50,352.00$ Foundation 65,250.00$ Bollards 3,000.00$ Overhead Doors (manual operation) 10,410.00$ Door, Frame & Hardware 1,750.00$ Painting (bollards and single door) 1,500.00$ Pre-Engineered Building Material 46,969.00$ Building Erection 32,309.00$ Electrical 44,900.00$ Engineering & Windstorm Inspections 25,150.00$ TAS Inspection 1,500.00$ Material Testing 6,931.00$ Labor burden 6,751.00$ Overhead 22,408.00$ Profit 22,408.00$ Payment & Performance Bonds 8,963.00$ Builders Risk Insurance 3,147.00$ General Liability Insurance 3,014.00$ Sales tax Exempt Total 448,184.00$ Exclusions: Landscaping Soil haul off, losing on site Building insulation HVAC/ Heaters Plumbing Building commissioning Joint sealant at interior foundation sawcuts AEP fees Access control 5826 BEAR LANE CORPUS CHRISTI, TEXAS 78405 TELEPHONE: (361) 851‐1000 ~ FAX: (361) 851‐1717 Building success, one job at a time . City of Corpus Christi ‐ EMS Storage Building Schedule of Values BARCOM CONSTRUCTION, INC. DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Resolution authorizing the submission of a grant application in the amount of $140,930.23 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2022 Local Border Security Program Grant. SUMMARY: The purpose of the program is to sustain interagency law enforcement operations and enhance local law enforcement patrols to facilitate directed actions to deter and interdict criminal activity to assist in the execution of coordinated border security operations. BACKGROUND AND FINDINGS: The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extraterritorial jurisdiction (ETJ), targeting known drug, currency and human-trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from the city’s boundaries). The funding provides for overtime, retirement for sworn officers. There is no City match required. Funding is available from October 1, 2021 – September 30, 2022. The City must apply for these funds each year. The City has received the grant since 2008. For FY 2021, the City was awarded $50,000. ALTERNATIVES: The alternative is to not apply for the grant and lose the ability to provide enhanced enforcement for narcotics trafficking. FINANCIAL IMPACT: The Local Border Security Program Grant (LBSP) in the amount of $140,930.23 will increase the Police Grants Revenue for the LBSP Program. Approval to submit a grant application to the State of Texas, Office of the Governor’s Homeland Security Grants Division for FY 2022 funding available under the Local Border Security Program Grant AGENDA MEMORANDUM Action Item for the City Council Meeting of February 16, 2021 Funding Detail Fund 1061 Police Grants Fund Organization/Activity: 1061- 822822S Mission Element: 156 Project # (CIP Only): N/A Account: 510200 – Overtime 511000 - Retirement RECOMMENDATION: Staff recommends submission of the grant application. LIST OF SUPPORTING DOCUMENTS: N/A Resolution authorizing submission of a grant application in the amount of $140,930.23 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2022 Local Border Security Program Grant. WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for said project, with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of Corpus Christi designates the City Manager or designee as the grantee’s authorized official. The authorized office is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $140,930.23 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2022 Local Border Security Program Grant. PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: February 1, 2021 TO: Peter Zanoni, City Manager FROM: Brett Oetting, President & CEO of Visit Corpus Christi Boetting@visitcorpuschristitx.org (361) 881-1877 THROUGH: Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com 361-826-3227 CAPTION: Motion authorizing the amended and restated Management Services Agreement between the Corpus Christi Area Convention and Visitors’ Bureau and the City of Corpus Christi, Texas. SUMMARY: The purpose of this item is to amend and restate the Management Service Agreement. BACKGROUND AND FINDINGS: The City and the Corpus Christi Area Convention and Visitors’ Bureau (the “CCCVB”) most recently entered into a management services agreement on October 15, 2019 and the parties now wish to amend the agreement to better meet the needs of both entities through the amended and restated agreement. Below are new procedures added or removed from the agreement. Remove 1.1 (L). perform additional duties as agreed upon by both parties which are consistent with the organizations mission statement such as the Memorandum of Agreement for the exploration of opportunities to expand tourism and economic development relationships with the Corpus Christi Sister Cities. Add 8.2. The City shall allocate the percentage of the HOT revenue referenced in Section 8.1 above collected to fund this Agreement. Each year during the City’s annual budget process, the City and CCCVB shall work collaboratively to forecast the total HOT collections for the upcoming year and will appropriate the HOT Share referenced in Section 8.1 to the CCCVB. This Amended and Restated Management Service Agreement with the Corpus Christi Area Convention & Visitors Bureau (CCCVB) AGENDA MEMORANDUM Action Item for the City Council Meeting February 16, 2021 appropriation is subject to approval by City Council in accordance with the provisions and requirements of the Tax Code and shall be paid equally in monthly installments (1/12 of the appropriated budget) beginning on October 1st of each fiscal year. Upon conclusion of each fiscal year, and completion of the City’s independent annual audit, the annual amount appropriated in support of CCCVB for the fiscal year immediately closed will be compared to the HOT Share allocated. Any surplus or deficit may be considered for additional adjustment to CCCVB as part of the mid-year budget adjustment process. Both parties understand if HOT collections fall below budgeted amounts, this will result in a decrease in allocation to CCCVB in the same % as the decreased collection. It will be the responsibility of CCCVB to adjust any budget shortfalls accordingly. Remove 8.2. HOT Trigger of Renegotiations: Should HOT receipts received by the City for the twelve months ending March 31 in any year fall below $10,000,000, the Contract Amount for the following fiscal year will be renegotiated to a lower amount in order to assure that the City can continue to meet its other obligations with HOT funds, based on the amount by which the HOT receipts fell below $10,000,000. Subject to force majeure, if the HOT receipts received by the City for the next twelve-month period ending March 31 also fall below $10,000,000, the City may terminate this Agreement at the end of the then-current fiscal year by providing at least 60-days written notice of termination. Each of the above amounts must be calculated based upon the amount of City HOT receipts received by the City, excluding the two percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. Add 10.5. The CCCVB may make recommendations to the City Council for community at-large directors as directors’ terms expire but the CCCVB always shall nominate one more individual per category than the total number of positions available. Appointments will be made by City Council with consideration of nominations by the CCCVB Nominations and Executive Committee’s and Board. The remaining members of the Board of Directors will be appointed in accordance with the procedures and bylaws of the CCCVB. Remove 10.5. The CCCVB may make recommendations to the City Council for directors as directors’ terms expire, but the CCCVB always shall nominate one more individual per category than the total number of positions available. The City Council will provide serious consideration to the Board’s recommendations but is not restricted to select members submitted by the CCCVB or any other group. The members from the community at large appointments will be made by City Council in its sole discretion without consideration of nominations and may be City Council members, City staff or officials, or residents of the City. Add verbiage in 10.6. The CCCVB Nominations Committee and Board shall go through the process outlined in 10.5 prior to the next scheduled board meeting to make new recommendations for the vacant position. Add paragraph in 10.8. The CCCVB agrees to have one annual meeting per year open to the public, which will include a presentation of the CCCVB’s annual report on its activities and performance. A copy of the agenda for the meeting of the Board shall be provided to the City Secretary at least 72 hours prior to the meeting. Description of the agenda items shall be sufficient to provide advance notice of the items to be considered. The agenda shall not be amended after it is provided to the City Secretary unless an amended agenda is timely provided to the City Secretary for posting at least 72 hours prior to the meeting. ALTERNATIVES: City Council could choose not to approve the amended and restated Management Services Agreement or make recommendation. FISCAL IMPACT: There is no financial impact associated with this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approving the amended and restated Management Services Agreement. LIST OF SUPPORTING DOCUMENTS: Amended and restated Management Service Agreement- redline Page 1 of 25 AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU This Amended and Restated Management Services Agreement (the “Agreement”) is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("City") and the Corpus Christi Area Convention & Visitors Bureau ("CCCVB"), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; and WHEREAS, the CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; and WHEREAS, the City and the CCCVB most recently entered into a management services agreement on October 15, 2019 and the Parties now wish to amend the agreement to better meet the needs of both entities through this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.1. The CCCVB shall, in accordance with the organization’s mission, drive overnight visitors to Corpus Christi. Specific activities required include: (A) Lead attraction and support of meetings, conventions and tradeshows within Corpus Christi, including the following specific activities: a. solicit various organizations and associations to conduct meetings/ conventions/tradeshows within Corpus Christi year-round; b. utilize various advertising/marketing techniques to promote City of Corpus Christi as a desirable year-round meeting and convention destination; c. provide support services to meetings and conventions in Corpus Christi; d. focus efforts on the City’s Convention Center; (B) promote the City of Corpus Christi as a year-round, leisure tourism destination; Page 2 of 25 (C) design and implement an advertising campaign with state, national, and international coverage to feature Corpus Christi as an attractive location for tourism; (D) support special events that will create overnight visitors; (E) maintain high quality, updated website and printed materials for visitors; (F) serve as main point of information for inquiries related to tourism and convention- related business that brings visitors to Corpus Christi lodging facilities; (G) operate visitor information center(s); (H) research and advise the City on projected growth of tourism and convention- related business to assist City planning efforts, including expanding segments of the industry, such as sports tourism, cultural tourism and nature tourism; (I) provide feedback to City, as requested, to facilitate policy decisions made in the interest of tourism promotion; (J) act as an agent on behalf of the City in its relationships with the music and film industries and adhere to the role prescribed to the Corpus Christi Film Office at the Corpus Christi Convention and Visitors Bureau in the City Code of Ordinances Chapter 36, Article III; (K) perform all responsibilities of tourism and marketing; (L) perform additional duties as agreed upon by both parties which are consistent with the organization’s mission statement such as the Memorandum of Agreement for the exploration of opportunities to expand tourism and economic development relationships with the Corpus Christi Sister Cities. 1.2. The CCCVB shall enter into separate written sub-recipient agreements with all entities receiving Hotel Occupancy Tax (”HOT”) funds from the CCCVB for events. For the purposes under this Agreement, a sub-recipient is an organization sponsoring an event which would constitute a HOT-eligible project. 1.3. The CCCVB may host special events in the City that will create overnight visitors, so long as such events are eligible uses of HOT funds. The CCCVB or an affiliated entity may accept donations from private entities for such events, and all such donations and other revenues shall be documented on the books and records maintained under the control of CCCVB for use by the CCCVB or its affiliated entity for HOT-eligible projects. 1.4. The purchase of any goods and services with funds provided by the City under this Agreement shall be conducted in a manner that assures the City that the funds are being spent prudently and in a manner to get the best benefit to serve the above purposes. Any goods or services with a cost exceeding $50,000 for which more than one source exists and that are not specified for particular marketing or entertainment purposes shall be purchased through a competitive process. Purchases under $50,000 will be conducted using sound purchasing procedures such as solicitation of informal quotes from multiple providers for purchases greater than $5,000 for which more than one source exists and that are not specified for particular marketing or event-quality purposes. For example, nothing in this section shall require the CCCVB to choose performers, advertising locations or media, or similar strategic items on the basis of low price. The CCCVB staff shall, within 90 days of the Effective Date, meet with the City’s Contracts and Procurement Department to discuss the City’s purchasing policies and the policies that might be appropriate for the CCCVB. The City may require additional training as appropriate. Page 3 of 25 1.5. The CCCVB shall promote events and attractions that draw visitors into lodging facilities in the City of Corpus Christi. Any promotions or activities that include regional events or attractions must be conducted in accordance with a Business Plan approved by the City, in accordance with direction from City Council. Any HOT funds received from the City must be used in a manner that is aimed at increasing hotel occupancy within the City and that complies with all laws related to the use of such funds. 2. APPROPRIATIONS AND AUDIT 2.1. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. If funds for this Agreement are not appropriated in the budget for any fiscal year, this Agreement shall automatically terminate. 2.2. The CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle funds received from the City in such account with any other funds. The CCCVB may periodically draw from such account for deposit into its operating account in order to make expenditures for HOT- eligible purposes and projects. 2.3. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of the CCCVB. 2.4. Interest earned on funds contributed to the CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for the CCCVB use within the convention and visitor fund account. 2.5. Parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.6. The CCCVB shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending September 30. The CCCVB shall retain copies of the annual independent audit indefinitely. 2.7. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the Financial Accounting Standards Board or any other relevant accounting agency and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Any reports and audits must be signed by management of the CCCVB. 2.8. An independent audit of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles must be submitted to the City Manager within 120 days after the end of each fiscal year that this Agreement is in effect. To be considered independent, the audit must be performed by an entity that does not supply other accounting services to the CCCVB and that is not otherwise affiliated with the CCCVB. Page 4 of 25 The City shall have the right during each calendar year or fiscal year to authorize an audit of CCCVB's records pertaining to its revenues and expenditures of HOT funds allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of certified public accountants satisfactory to City. The cost of such audit shall be paid by City. The CCCVB shall include this audit provision in all contracts with any sub-recipients of HOT funds for the sole purpose of confirming the use of any HOT funds provided. The CCCVB shall maintain records received from each of such sub-recipients confirming the proper use of any HOT funds provided. 2.9. CCCVB’s fiscal year runs from October 1 through September 30. 3. RECORDS. 3.1. Accounting and financial records of the convention and visitor fund held by the CCCVB must be maintained in a format approved by the City's Director of Finance and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of the CCCVB. Records must be maintained for at least five years after the expiration or termination of this agreement. The CCCVB shall include this language in all contracts with sub- recipients. 3.2. Pursuant to Senate Bill 943, which will go into effect on January 1, 2020, the CCCVB understands that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and the CCCVB agrees that the Agreement can be terminated if the CCCVB knowingly or intentionally fails to comply with a requirement of that subchapter. In accordance with Subchapter J, the CCCVB will: (A) preserve all contracting information related to this Agreement in accordance with Section 3.01 above; (B) promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the CCCVB on request of the City; and (C) on termination of the Agreement, either provide all contracting information related to this Agreement to the City at no cost, or preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the City. 3.03 The CCCVB will develop a methodology that it considers appropriate to measure event and program success. For events and programs that require significant financial commitment or staff time, the CCCVB will develop procedures on how to account for event success through project accounting. Project accounting will include the following elements: (A) use of group account codes in the financial records to identify transactions by activity, internal or external, (B) include project specific transactions, with projected revenues and costs (direct and indirect), assets and liabilities identified, and allocated to the project, and (C) creation of a reporting system that tracks resources utilized in engaging in an Page 5 of 25 activity and communicates the level of event success. 4. PERFORMANCE MEASURES. 4.1. Performance of the CCCVB under this Agreement is based on the following: (A) an annual set of performance measures. (B) HOT earned for a particular fiscal year if the amount of the City’s 7% portion of the HOT earned and received by City for that fiscal year meets or exceeds the minimum threshold of $10,000,000, subject to adjustment each year. (C) The CCCVB will propose the annual set of performance measures and any adjustment to the minimum HOT threshold by July 31 of each year. The City Manager, or designee must approve the final set of performance measures and any adjustment to the minimum HOT threshold, with such approval expected to occur prior to September 30 of each year. 5. REPORTS. 5.1. Business Plan: By July 31 of each year the CCCVB shall provide City Manager with a Business Plan that outlines the overall goals and objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic segments; a line item budget; and significant initiatives. The Business Plan must include annual performance measures that are approved by the City and be in substantially the format attached hereto as Exhibit B. Opportunities to promote City-funded venues must be specifically identified and included in the Business Plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 5.2 Quarterly HOT Expenditure Reports: The CCCVB shall provide written quarterly reports to the City on expenditures of HOT funds, in accordance with Tax Code §351.101 (c). All reports must be signed by CCCVB management and provided 30 days following the end of the quarter 5.3. Quarterly City Council Presentations and Report: The CCCVB shall provide a presentation and report to the City Council at least quarterly on the activities and work accomplished to include all annual performance measures, status of HOT revenue, and highlights from the year. The CCCVB will coordinate with the City to choose the appropriate dates to present the reports to City Council; provided that, in the event the City does not provide dates quarterly for a personal presentation of the report such shall not be deemed a default by the CCCVB if the CCCVB provides the information to the City-appointed contract manager in writing. 5.4. Annual Written Report: The CCCVB shall provide a written report annually on the outcomes of the performance measures for the previous year. The Annual Report is due within 60 days after the end of each fiscal year while this Agreement is in effect. 5.5 The Annual Audit: The Annual Audit referenced in Section 2.08 shall be provided Page 6 of 25 promptly upon completion but in any event within 120 days after the end of each fiscal year. 6. CONDUCT OF SERVICES 6.1. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes for which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. The officers and employees, including leased employees, of the CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond must be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form approved by the City Attorney. 8. COMPENSATION. 8.1. HOT Share: The City agrees that for the convention and visitor services performed by the CCCVB under this Agreement, the City shall pay the CCCVB annually the sum of 44% of the City's 7% HOT receipts received by the City for the CCCVB's current fiscal year, but specifically excepting all HOT receipts received by the City that are generated from any and all districts of the Schlitterbahn Beach Country project described in the Chapter 380 Economic Development Incentive Agreement Between the City of Corpus Christi, Texas and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD approved by the City Council by Resolution No. 029487 on May 22, 2012, and subsequently partially assigned to Diamond Beach Holdings, L.P. ("Schlitterbahn"), divided into monthly payments described in Section 8.032. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.2 HOT Trigger of Renegotiation: Should HOT receipts received by the City for the twelve months ending March 31 in any year fall below $10,000,000, the Contract Amount for the following fiscal year will be renegotiated to a lower amount in order to assure that the City can continue to meet its other obligations with HOT funds, based on the amount by which the HOT receipts fell below $10,000,000. Subject to force majeure, if the HOT receipts received by the City for the next twelve-month period ending March 31 also fall below $10,000,000, the City may terminate this Agreement at the end of the then-current fiscal year by providing at least 60-days written notice of termination. Each of the above amounts must be calculated based upon the amount of City HOT receipts received by the City, excluding the two percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. 8.2. The City shall allocate the percentage of the HOT revenue referenced in Section 8.1 above collected to fund this Agreement. Each year during the City’s annual budget process, the City and CCCVB shall work collaboratively to forecast the total HOT collections for the upcoming year and will appropriate the HOT Share referenced in Section 8.1 to the Page 7 of 25 CCCVB. This appropriation is subject to approval by City Council in accordance with the provisions and requirements of the Tax Code and shall be paid equally in monthly installments (1/12 of the appropriated budget) beginning on October 1st of each fiscal year. Upon conclusion of each fiscal year, and completion of the City’s independent annual audit, the annual amount appropriated in support of CCCVB for the fiscal year immediately closed will be compared to the HOT Share allocated. Any surplus or deficit may be considered for additional adjustment to CCCVB as part of the mid-year budget adjustment process. Both parties understand if HOT collections fall below budgeted amounts, this will result in a decrease in allocation to CCCVB in the same % as the decreased collection. It will be the responsibility of CCCVB to adjust any budget shortfalls accordingly. Payment Schedule: During the term of this Agreement, the City shall pay to CCCVB a sum equal to one-twelfth of the annual amount payable to CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year if the payments are justified by documentation provided by CCCVB. 8.3. Force Majeure: If the CCCVB or the City is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the CCCVB or the City are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 9. SUSPENSION AND TERMINATION. 9.1 Suspension: The City may summarily suspend this Agreement with pay continuing to fund the salaries and basic operations of the CCCVB, if the CCCVB breaches its obligations hereunder and fails to cure such breach within sixty days after receiving written notice of suspension. The City shall promptly apprise CCCVB of the basis for suspension. Any such suspension shall remain in effect until the City determines that appropriate measures have been taken to ensure CCCVB 's future compliance. Grounds for such suspension include, but are not limited to the following: (A) Failure to abide by any terms or conditions of this Agreement; (B) Failure to keep and maintain adequate proof of insurance as required by this Agreement; (C) The violation of City, State, or federal laws by CCCVB as a result of the commission and conviction of a crime of moral turpitude. 9.2 Termination Defined: For purposes of this Agreement, " termination" shall mean termination by expiration of the Agreement or earlier termination pursuant to any of the provisions hereof. Page 8 of 25 9.3 Termination for Cause: Upon written notice, which notice shall be provided in accordance with Section 12.04, the City may terminate this Agreement as of the date provided in the notice, in whole or in part, upon the occurrence of one (I) or more of the following events: (A) the sale, transfer, pledge, conveyance or assignment of this Agreement without prior approval; (B) ceasing operations for a period of time exceeding twenty (20) days; (C) the expenditure of HOT on gratuities in the form of hosting and amenities offered or given by CCCVB outside reasonable industry business practices in excess of nominal value or otherwise not previously approved by the City, or by any agent or representative of CCCVB, to any officer or employee, including a leased employee, of the City, County, State or any business prospect with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; and (D) failure to cure cause of suspension. 9.4 Defaults with Opportunity for Cure: Should CCCVB default in the performance of this Agreement in a manner stated in this section, same shall be considered an Event of Default. The City shall deliver written notice of the default, specifying in detail the matter(s) in default. The CCCVB shall have sixty (60) calendar days after receipt of the written notice, in accordance with Section 13.4. If CCCVB fails to cure the default within such thirty-day cure period, the City shall have the right, without further notice or adoption of a City ordinance, to terminate this Agreement in whole or in part as the City deems appropriate. The following actions are defaults that may be cured by CCCVB: (A) performing unsatisfactorily as evidenced by failure to make adequate progress to meet CCCVB’s pre-determined benchmarks for success, as outlined in the annual Business Plan; (B) failing to perform or failing to comply with any material term or covenant herein required as determined by the City; (C) bankruptcy or selling substantially all of company's assets; and (D) gratuitous expenditures made in hopes of securing favorable contracts. 9.5 Termination by Law: If any State or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. 9.6 Upon the effective date of expiration or termination of this Agreement, CCCVB shall cease all work being performed by CCCVB or any of its subcontractors on behalf of the City. 9.7 Regardless of the method by which this Agreement is terminated, CCCVB agrees to provide a provisional period of termination for a period not to exceed two months upon the City's request. During such provisional period, CCCVB will receive adequate percentage payments of HOT, to be distributed in accordance with Section 8.1 and 8.3, to Page 9 of 25 continue to provide services as provided for, and for which it will be compensated, under this Agreement. 10. BOARD OF DIRECTORS 10.1. The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of 175 voting members, 513 of which are selected directly by the City Council of the City. Those members must be representatives of the following groups: 3 members from the lodging industry; 3 members from the attraction industry; 2 members from the restaurant industry; 5 members from the community at large (appointed by City Council); The Mayor, or his designee; The City Manager, or his designee; The General Manager of the Corpus Christi Hooks; and The Director of the Corpus Christi International Airport. 10.2. The City-designated contract manager shall serve as an ex-officio non-voting member of the Board. In addition, the City Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex-officio advisory non-voting members. The CCCVB may appoint additional advisory, non-voting persons to assist its board of directors in fulfilling its obligations. The current Board of Directors includes seven non-voting members. 10.3 The City Manager and Mayor, or their designees, will serve as a voting members of the Executive Committee of the Board. 10.4. Appointments to the Board will be for staggered, two-year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 10.5. The CCCVB may make recommendations to the City Council for community at-large directors as directors’ terms expire but the CCCVB always shall nominate one more individual per category than the total number of positions available. Appointments will be made by City Council with consideration of nominations by the CCCVB Nominations and Executive Committee’s and Board The CCCVB may make recommendations to the City Council Page 10 of 25 for directors as directors' terms expire, but the CCCVB always shall nominate one more individual per category than the total number of positions available. The City Council will provide serious consideration to the Board's recommendations but is not restricted to select members submitted by the CCCVB or any other group. The members from the community at large appointments will be made by City Council in its sole discretion without consideration of nominations and may be City Council members, City staff or officials, or residents of the City. The remaining members of the Board of Directors will be appointed in accordance with the procedures and bylaws of the CCCVB. 10.6. Unexcused absences from more than 25 percent of regularly scheduled meetings during a term year must result in an automatic vacancy, which vacancy, for community at- large directors, must be promptly reported to the City Council. The CCCVB Nominations Committee and Board shall go through the process outlined in 10.5 prior to the next scheduled board meeting to make new recommendations for the vacant position. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligible, may not be precluded from reappointment by reason of the automatic vacancy. 10.7. The CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a President/Chief Executive Officer to exercise day to day management and administration of the CCCVB. 10.8. The Board of Directors will operate under bylaws which must be consistent with the terms of this Agreement. The current bylaws are attached hereto as Exhibit C. Any changes to the bylaws must be presented to the City Manager at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. City Council for approval at least 60 days prior to their effective date. If changes to the bylaws are not approved by City Council within the 60- day period, they shall not be effective until approved by City Council. The Board of Directors may approve rules of procedure to govern the conduct of its meetings, which will not require City Council approval. The CCCVB agrees to have one annual meeting per year open to the public, which will include a presentation of the CCCVB’s annual report on its activities and performance. A copy of the agenda for the meeting of the Board shall be provided to the City Secretary at least 72 hours prior to the meeting. Description of the agenda items shall be sufficient to provide advance notice of the items to be considered. The agenda shall not be amended after it is provided to the City Secretary unless an amended agenda is timely provided to the City Secretary for posting at least 72 hours prior to the meeting. 10.9. The City and CCCVB agree that in no event may the City be liable for any contracts made by the CCCVB with any person, firm, corporation, association, or governmental body. 10.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjudged against the CCCVB arising from its operations, or the use or maintenance of its facilities. Page 11 of 25 11. TERM AND TERMINATION 11.1. The term of the Agreement commences on the Effective Date and continues until September 30, 2024, subject to termination as provided in this Agreement. 11.2. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. In the event the City cancels this Agreement upon one year's notice, the City assumes any obligations of the convention and visitor's fund with a term of less than one year and any other obligation approved In advance by the City Manager. The City reserves the right to terminate this Agreement without notice for cause. 12. Intellectual Property RightsINTELLECTUAL PROPERTY RIGHTS 12.1 Intellectual Property created or arising from the delivery of Services under this Agreement will be the property of the City. The CCCVB has a limited license to use any and all Intellectual Property created or arising from the delivery of Services under this Agreement for purposes of continued performance under this Agreement. Upon termination of this Agreement for any reason, all Intellectual Property and work products maintained by the CCCVB will be provided to the City at no cost. 13. MISCELLANEOUS 13.1. This Agreement replaces and supersedes all other contracts and understandings previously made between the City and CCCVB. 13.2. The CCCVB specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No change of name or use of additional names may be deemed a modification of this Agreement. 13.3. The CCCVB shall comply with all applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. 13.4. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: City Manager 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Page 12 of 25 CCCVB: Corpus Christi Convention & Visitors Bureau Attention: Chief Executive Officer 1501 North Chaparral Street Corpus Christi, Texas 78401 Reporting and daily communication may be provided by email. 13.5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given full force and effect for its purpose. 13.6. No amendments, modifications, or other changes to this Agreement are valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the same instrument. 13.7. The CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. 13.8. CCCVB shall create and follow a drug and alcohol abuse policy that is appropriate for the organization’s size and business. The policy must, at a minimum, comply with the Drug Free Workplace Act of 1988 (codified at 41 USC Chapter 81) and provide guidelines for employees, including leased employees, to follow regarding events and activities for which consumption or gifting of alcohol is or is not appropriate. 13.9. The CCCVB agrees that, during the term of this Agreement, it will not discriminate nor permit discrimination against any person or group of persons, with regard to employment, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The CCCVB shall create and follow an Equal Employment Opportunity policy. The policy must, at a minimum, provide for procedures to be used to investigate allegations of discrimination. 13.10. This Agreement takes effect upon the date of the last signature (the “Effective Date”). Executed on the dates indicated below binding the respective parties as of the date of last signature. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU By: By: Page 13 of 25 Constance Sanchez Alyssa Barrera MasonBrett Oetting Chief Financial Officer Interim Chief Executive Officer Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 14 of 25 EXHIBIT A INSURANCE REQUIREMENTS I. CCCVB’S LIABILITY INSURANCE A. CCCVB must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. CCCVB must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. CCCVB must furnish to the City’s Risk Manager and Director Human Resources, 2 copies 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 CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $1,000,000 Per Occurrence HOST LIQUOR LIABILITY Applicable when alcohol being served $1,000,000 Combined Single Limit C. In the event of accidents of any kind related to this agreement, CCCVB must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 15 of 25 II. ADDITIONAL REQUIREMENTS A. Applicable for paid and leased employees, CCCVB 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 CCCVB will be promptly met. B. CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CCCVB'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. CCCVB 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. CCCVB 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. CCCVB 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 (including leased employees), volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the Page 16 of 25 required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon CCCVB'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 CCCVB to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to CCCVB hereunder until CCCVB demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that CCCVB'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. 2019 Insurance Requirements Legal Dept. Corpus Christi Convention and Visitors Bureau Management Services Agreement 07/02/2019 sw Risk Management Page 17 of 25 EXHIBIT B BUSINESS PLAN TEMPLATE [insert logo] Corpus Christi Convention & Visitors Bureau Business Plan Fiscal Year: 2019-2020 <Insert date of version > Approved by: Convention and Visitors Bureau, CEO City Manager DEPARTMENTAL PROFILE ORGANIZATION DESCRIPTION Provide a brief description of the major duties, services/and programs currently provided by the organization (if desired, may separate by division); a brief history of significant events affecting the department; current innovative programs and initiatives, discussion of major contracted operations (if any). ORGANIZATIONAL CHART Provide an organization chart to include each authorized individual position Health Care Plan Provide the CVB’s healthcare plan to include premiums paid by the employee or leased employee and those paid by the CVB. Compensation Plan Provide the compensation for each authorized individual position. Include paid time off benefits to include, sick leave and vacation accrual policy. Page 18 of 25 Holiday Calendar Provide a calendar of paid and unpaid holidays (if applicable) CURRENT BUSINESS ENVIRONMENT Summarize organizations business environment, including such aspects as customers served, changes in major customer service trends, target service levels, changes in regulatory environment, or recent changes in business practices. PERFORMANCE TRENDS Summarize key trends evident from your performance measures. Discuss strategic and operational implications. FINANCIAL SUMMARY Insert expenditures and revenues reports at a high level similar to what is used for budget presentations. Expenditures Revenues Capital Budget Summary PINNACLE ISSUES List any critical pinnacle issues. For each issue describe the strategies used to deal with the issue, including a reference to where the strategy can be found in your Strategic Plan. 3 to 5 YEAR OUTLOOK List activities, programs, or initiatives anticipated beyond FY 20 - [current fiscal year] that are required to achieve strategic goals and outcomes. You may include the impact of any potential changes in your business environment, anticipated achievement of milestones, anticipated obstacles for major projects, looming legislative changes or mandates. What are the changes on the horizon? What are the threats? What are the opportunities? What is the vision? EXTERNAL BENCHMARKS List the measures currently used in your Strategic Plan to benchmark against the other Texas cities. Discuss comparative results and strategic implications. If available, present results of benchmarking to cities across the United States. Describe any new benchmark measures proposed. Page 19 of 25 MISSION Organization Mission: Insert Organization mission statement. GOALS & MEASURES Goals & Measures: Insert mission elements, goals & measures into table below. There should be at least one goal for each Mission Element, although a Mission Element can have multiple goals. Table of Mission Elements and Goals Mission Elements Goals Measures Used for the City Performance Report (CPR) # Description Page 20 of 25 STRATEGIES & TASKS MISSION ELEMENT #1: [Insert Mission Element] Goal 1: [Insert Goal statement] STRATEGY 1: (describe strategy for goal above) Responsible Manager: Problem this strategy is addressing: Tasks to execute strategy: Task Name Task Due Date Task Owner 1) 2) 3) 4) 5) Goal 2: [Insert Goal statement] STRATEGY 1: (describe strategy for goal above) Responsible Manager: Problem this strategy is addressing: Tasks to execute strategy: Task Name Task Due Date Task Owner 1) 2) 3) 4) 5) [Continue with each Mission Element] Page 21 of 25 EXHIBIT C CCCVB Bylaws[AA1] CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I – ORGANIZATION 1. Name. Offices. The name of the corporation is Corpus Christi Area Convention & Visitors Bureau. The corporation is also authorized to do business under the name "Corpus Christi Convention & Visitors Bureau." The corporation will be referred to as the “CCCVB” in this document. The CCCVB's offices will be located in the City of Corpus Christi. 2. Mission. The mission of the CCCVB is to positively impact the city’s economy by marketing the city as a travel destination. 3. Fiscal Responsibility. The fiscal year of the CCCVB is from October 1 to September 30. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of the CCCVB, including the approval of an annual budget and ample fidelity bonding of officers and employees entrusted with the handling of funds or property of the CCCVB, in accordance with state laws. 4. Texas State and Federal Law. The CCCVB is a non-profit corporation organized under the Texas Non-Profit Corporation Act. The CCCVB has obtained from the Internal Revenue Service, and will continue to maintain, an exemption from federal income tax under Section 501(c)(6) of the Internal Revenue Code. ARTICLE II – ASSOCIATES Any person, company, organization or other entity in the Corpus Christi Bay Area of South Texas may become an associate of the CCCVB. The Board of Directors may establish various categories for associates, the contribution or investment levels required, and the rights, privileges and requirements connected with such activities. ARTICLE III – BOARD OF DIRECTORS 1. Composition. The affairs of the CCCVB shall be governed by a Board of Directors, which shall be composed of fifteen (15) members selected directly by the City Council of the City of Corpus Christi. The members shall be representatives of the following groups: 3 members from the lodging industry 2 members from the restaurant industry Page 22 of 25 3 members from area attractions 5 members from the community at large 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The following persons or entities, or their designees or representatives, shall serve as additional non-voting members of the Board: (1) the Port of Corpus Christi Authority; (2) the Regional Transportation Authority; (3) the Corpus Christi International Airport; and (4) such additional advisory, non-voting persons as may be designated by the Board by resolution. 2. Director Terms. Appointments to the Board will be staggered, two-year terms beginning on October 1 each year. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless such service is required by virtue of the person’s position or title or to complete an unexpired term. The Board may make recommendations to the City Council for directors in the lodging, restaurant and attractions categories as director’s terms expire, but the Board always shall nominate one more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board’s recommendations but is not restricted to select members submitted by the Board or any other group. 3. Absences. Unexcused absences from more than twenty-five percent (3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy, which vacancy shall be promptly reported to the City Council. An absence shall be unexcused unless excused by the Board, for good cause, no later than its next meeting after any absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. 4. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, or if a Director otherwise fails to meet the qualifications prescribed by these Bylaws for serving as a Director, said Director shall forfeit his/her seat on the Board. Board of Director seats are non-transferrable. In the event of a Board of Director vacancy, the vacant seat may not be transferred to another individual from the vacating Board member’s company or organization. 5. Vacancies. In the event that a Director forfeits his/her seat or otherwise resigns or vacates his or her position, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position for the appropriate industry segment. The Chairman (subject to ratification by the Board of Directors) shall then nominate persons to be presented to the City Council as a recommendation of potential candidates to fill the remainder of the unexpired term. The nominations shall always include one more Page 23 of 25 individual than the number of vacant positions available. 6. Meetings. The Board of Directors shall meet regularly at a specified time and date selected by the Board of Directors. A majority of the Directors must be present at a regular or special Board meeting to constitute a quorum for the transaction of all business. 7. Qualifications. Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer (or at a management level) in his or her organization at the time of his or her nomination and throughout his or her term as a Director. 8. Voting. All Board action shall be taken only upon formal vote of the Directors at a duly constituted meeting of the Board. A majority vote of the Directors present at a duly constituted meeting at which a quorum is present will constitute an act of the Board. 9. Board Roles and Responsibilities. It is the responsibility of every Director to: a) Commit to the mission, goals and long-range strategic plan of the CCCVB; b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable about the CCCVB and its efforts; d) Prepare for and contribute to Board of Directors meetings by being well- informed on agenda items; e) Recognize that the Board of Directors’ job is to ensure that the organization is well managed, not to manage the organization; f) Objectively and conscientiously consider others’ points-of-view and make constructive suggestions to help the Board of Directors make decisions that benefit those whom the CCCVB serves; g) Be in good financial standing with the CCCVB; h) Serve as a team player and support the decisions of the Board of Directors once they are made; i) Serve as an ambassador for the tourism industry and represent the CCCVB to individuals, the public and other organizations in a positive manner; j) Notify the President/CEO of any media contacts; and k) Take an active role in Board of Directors activities. 10. Board Conflict. Each Board member shall be required to sign a conflict of interest disclosure statement in the form prescribed by the Board. Page 24 of 25 11. Code of Conduct. Each Director has an obligation to give his/her input into any subject being discussed by the Board. Each Board member’s input should be solicited and considered, and should be made to feel his/her contribution is valued. Board members are to remain respectful and professional at all times in expressing their views and opinions and should not allow personal agendas or conflicts to influence any decisions made on behalf of CCCVB. ARTICLE IV – OFFICERS 1. Elections. Officers of the Board may be elected at the September meeting for the new fiscal year. Officers will be: Chairman, Vice Chair, Secretary and Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall serve for a term of one year, or until the Board of Directors elects officers for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer’s seat as provided in Article III above, or in the event of the death or permanent disability of an elected officer, the Chairman (subject to ratification by the board of Directors) shall appoint a member of the Board to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman will preside at all meetings of the Board of Directors and the Executive Committee. He or she will have and exercise general charge and supervision of affairs of the CCCVB, subject to the direction of the Board. The Chairman will appoint persons to chair all standing and ad hoc committees established by these Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman’s absence or disability, the Vice Chairman will perform the duties and possess and exercise the powers of the Chair. 5. Secretary. The Secretary will ensure that the records of the CCCVB are properly kept. The Secretary will ensure that minutes of all meetings of the Board of Directors and the Executive Committee of the CCCVB are recorded. 6. Treasurer. The Treasurer will ensure that all funds, property and securities of the CCCVB are properly kept, subject to any regulations imposed by the Board of Directors and will review the travel expense accounts of the President. The Treasurer shall ensure that an annual audited financial statement is prepared. The Treasurer shall preside at Board meetings in the absence of the Chair and Vice- Chair. 7. President/CEO. The Board of Directors shall employ a President/CEO, whose duties, performance review and compensation will be outlined in an employment contract between the CCCVB and the President/CEO. The President/CEO shall be the principal executive officer of the CCCVB. The President/CEO shall be administratively responsible to the Executive Committee, and shall serve as an ex-officio non-voting member of the Board of Directors and all committees. Page 25 of 25 ARTICLE V – COMMITTEES 1. General. The Board of Directors may establish such committees from time to time as it deems necessary for the operation of the CCCVB. The Chairman shall appoint the members of each committee, subject to confirmation by the Board. 2. Executive Committee. The Executive Committee shall be comprised of the four officers of the CCCVB and the Mayor and City Manager, or their respective designees. If requested to do so by the Chairman, the immediate past chairman, if still a member of the Board, shall be invited to attend Executive Committee meetings for the purpose of providing continuity in Board leadership, but shall not have any right to vote. The President/CEO shall serve as an ex-officio, non-voting member of the Executive Committee. The Executive Committee shall have and exercise the authority of the Board of Directors in the management of the CCCVB between meetings, subject to the exercise of such authority by the full Board of Directors from time to time. The presence in person of three of the Executive Committee members shall constitute a quorum for the transaction of business, and the act of a majority of the Executive Committee members present at any meeting at which there is a quorum shall be the act of the Executive Committee. Minutes of each Executive Committee Meeting and a verbal report of the activities of the Executive Committee shall be presented each month at the meeting of the full Board of Directors. 3. Nominations. The Chairman shall appoint a Nominations Committee of five (5) Directors for the purpose of nominating candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year. Such Nominations Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board’s recommendations for the positions whose terms are expiring. The slate shall always include one more individual in each category than the number of positions available. The nominations shall be submitted sufficiently in advance of October 1 for selection so that the new Directors can assume office on October 1. 4. Finance. A Finance Committee shall be comprised of the Treasurer and from two to four members of the Board of Directors appointed by the Chairman and confirmed by the Board. The purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, examine audit reports, and handle such other matters as may from time to time be assigned. 5. Other Committees. The Board may create additional committees by Resolution adopted from time to time stating the duties and composition of such committees. ARTICLE VI – MEETINGS 1. Regular Meetings. The Board shall conduct regular meetings according to a schedule adopted by the Board. Officers of the board may be elected at the July meeting for the new fiscal year. Page 26 of 25 2. Special Meetings. The Chairman or any five (5) Directors may request that the Secretary call a special meeting of the Board. The Secretary shall provide at least seventy-two (72) hours written notice of any such special meeting. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. 3. Telephone or Electronic Meetings. Members of the Board of Directors may participate in a meeting of Directors by means of conference phone or similar communications equipment through which all persons participating in the meeting can hear one another, and participation in a meeting pursuant to this section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A single board member may attend a regular meeting via telephone conference a maximum of three (3) times per fiscal year, except as permitted by the Chairman. 4. Rules of Procedure. The Board may adopt rules of procedure for participation in its meetings. ARTICLE VII – FINANCIAL PROVISIONS 1. Indemnification. The CCCVB shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him/her arising from or connected in any way with his/her service to the CCCVB to the fullest extent authorized by the laws of the state of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to effect such indemnification, except to the extent required by law. The CCCVB may, in its sole discretion, purchase and maintain insurance or another arrangement, at its expense, to protect itself and any director, officer, employee, leased employee, or agent of the CCCVB or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the CCCVB would have the power to indemnify such person against such expense, liability or loss under Texas law. 2. Audit. The Board of Directors shall annually select a certified public accountant to supply an independent audit of the CCCVB books, and such audit shall be made available to members of the Board. ARTICLE VIII – AMENDMENTS These bylaws may be amended at any regular meeting by a vote of two-thirds of all the Directors, provided that notice of such proposed amendment(s) shall have been sent to each Director at least 72 hours before such meeting. No amendment shall be finally effective unless and until (1) written notice of the amendment has been given to the City not less than 60 days prior to the effective date of the change, and (2) the City has approved the amendment. Page 27 of 25 EXHIBIT C CCCVB Bylaws Page 28 of 25 Page 29 of 25 Page 30 of 25 Page 31 of 25 Page 32 of 25 Page 33 of 25 Page 34 of 25 Page 1 of 27 27 AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU This Amended and Restated Management Services Agreement (the “Agreement”) is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("City") and the Corpus Christi Area Convention & Visitors Bureau ("CCCVB"), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; WHEREAS, the CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; and WHEREAS, the City and the CCCVB most recently entered into a management services agreement on October 15, 2019 and the Parties now wish to amend the agreement to better meet the needs of both entities through this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.1. The CCCVB shall, in accordance with the organization’s mission, drive overnight visitors to Corpus Christi. Specific activities required include: (A) Lead attraction and support of meetings, conventions and tradeshows within Corpus Christi, including the following specific activities: a. solicit various organizations and associations to conduct meetings/ conventions/tradeshows within Corpus Christi year-round; b. utilize various advertising/marketing techniques to promote City of Corpus Christi as a desirable year-round meeting and convention destination; c. provide support services to meetings and conventions in Corpus Christi; d. focus efforts on the City’s Convention Center; (B) promote the City of Corpus Christi as a year-round, leisure tourism destination; Page 2 of 27 27 (C) design and implement an advertising campaign with state, national, and international coverage to feature Corpus Christi as an attractive location for tourism; (D) support special events that will create overnight visitors; (E) maintain high quality, updated website and printed materials for visitors; (F) serve as main point of information for inquiries related to tourism and convention- related business that brings visitors to Corpus Christi lodging facilities; (G) operate visitor information center(s); (H) research and advise the City on projected growth of tourism and convention- related business to assist City planning efforts, including expanding segments of the industry, such as sports tourism, cultural tourism and nature tourism; (I) provide feedback to City, as requested, to facilitate policy decisions made in the interest of tourism promotion; (J) act as an agent on behalf of the City in its relationships with the music and film industries and adhere to the role prescribed to the Corpus Christi Film Office at the Corpus Christi Convention and Visitors Bureau in the City Code of Ordinances Chapter 36, Article III; (K) perform all responsibilities of tourism and marketing; 1.2. The CCCVB shall enter into separate written sub-recipient agreements with all entities receiving Hotel Occupancy Tax (”HOT”) funds from the CCCVB for events. For the purposes under this Agreement, a sub-recipient is an organization sponsoring an event which would constitute a HOT-eligible project. 1.3. The CCCVB may host special events in the City that will create overnight visitors, so long as such events are eligible uses of HOT funds. The CCCVB or an affiliated entity may accept donations from private entities for such events, and all such donations and other revenues shall be documented on the books and records maintained under the control of CCCVB for use by the CCCVB or its affiliated entity for HOT-eligible projects. 1.4. The purchase of any goods and services with funds provided by the City under this Agreement shall be conducted in a manner that assures the City that the funds are being spent prudently and in a manner to get the best benefit to serve the above purposes. Any goods or services with a cost exceeding $50,000 for which more than one source exists and that are not specified for particular marketing or entertainment purposes shall be purchased through a competitive process. Purchases under $50,000 will be conducted using sound purchasing procedures such as solicitation of informal quotes from multiple providers for purchases greater than $5,000 for which more than one source exists and that are not specified for particular marketing or event-quality purposes. For example, nothing in this section shall require the CCCVB to choose performers, advertising locations or media, or similar strategic items on the basis of low price. The CCCVB staff shall, within 90 days of the Effective Date, meet with the City’s Contracts and Procurement Department to discuss the City’s purchasing policies and the policies that might be appropriate for the CCCVB. The City may require additional training as appropriate. 1.5. The CCCVB shall promote events and attractions that draw visitors into lodging facilities in the City of Corpus Christi. Any promotions or activities that include regional events or attractions must be conducted in accordance with a Business Plan approved Page 3 of 27 27 by the City, in accordance with direction from City Council. Any HOT funds received from the City must be used in a manner that is aimed at increasing hotel occupancy within the City and that complies with all laws related to the use of such funds. 2. APPROPRIATIONS AND AUDIT 2.1. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. If funds for this Agreement are not appropriated in the budget for any fiscal year, this Agreement shall automatically terminate. 2.2. The CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle funds received from the City in such account with any other funds. The CCCVB may periodically draw from such account for deposit into its operating account in order to make expenditures for HOT- eligible purposes and projects. 2.3. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of the CCCVB. 2.4. Interest earned on funds contributed to the CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for the CCCVB use within the convention and visitor fund account. 2.5. Parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.6. The CCCVB shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending September 30. The CCCVB shall retain copies of the annual independent audit indefinitely. 2.7. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the Financial Accounting Standards Board or any other relevant accounting agency and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Any reports and audits must be signed by management of the CCCVB. 2.8. An independent audit of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles must be submitted to the City Manager within 120 days after the end of each fiscal year that this Agreement is in effect. To be considered independent, the audit must be performed by an entity that does not supply other accounting services to the CCCVB and that is not otherwise affiliated with the CCCVB. The City shall have the right during each calendar year or fiscal year to authorize an audit of CCCVB's records pertaining to its revenues and expenditures of HOT funds Page 4 of 27 27 allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of certified public accountants satisfactory to City. The cost of such audit shall be paid by City. The CCCVB shall include this audit provision in all contracts with any sub-recipients of HOT funds for the sole purpose of confirming the use of any HOT funds provided. The CCCVB shall maintain records received from each of such sub-recipients confirming the proper use of any HOT funds provided. 2.9. CCCVB’s fiscal year runs from October 1 through September 30. 3. RECORDS. 3.1. Accounting and financial records of the convention and visitor fund held by the CCCVB must be maintained in a format approved by the City's Director of Finance and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of the CCCVB. Records must be maintained for at least five years after the expiration or termination of this agreement. The CCCVB shall include this language in all contracts with sub- recipients. 3.2. Pursuant to Senate Bill 943, which will go into effect on January 1, 2020, the CCCVB understands that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and the CCCVB agrees that the Agreement can be terminated if the CCCVB knowingly or intentionally fails to comply with a requirement of that subchapter. In accordance with Subchapter J, the CCCVB will: (A) preserve all contracting information related to this Agreement in accordance with Section 3.01 above; (B) promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the CCCVB on request of the City; and (C) on termination of the Agreement, either provide all contracting information related to this Agreement to the City at no cost, or preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the City. 3.03 The CCCVB will develop a methodology that it considers appropriate to measure event and program success. For events and programs that require significant financial commitment or staff time, the CCCVB will develop procedures on how to account for event success through project accounting. Project accounting will include the following elements: (A) use of group account codes in the financial records to identify transactions by activity, internal or external, (B) include project specific transactions, with projected revenues and costs (direct and indirect), assets and liabilities identified, and allocated to the project, and (C) creation of a reporting system that tracks resources utilized in engaging in an activity and communicates the level of event success. Page 5 of 27 27 4. PERFORMANCE MEASURES. 4.1. Performance of the CCCVB under this Agreement is based on the following: (A) an annual set of performance measures. (B) HOT earned for a particular fiscal year if the amount of the City’s 7% portion of the HOT earned and received by City for that fiscal year meets or exceeds the minimum threshold of $10,000,000, subject to adjustment each year. (C) The CCCVB will propose the annual set of performance measures and any adjustment to the minimum HOT threshold by July 31 of each year. The City Manager, or designee must approve the final set of performance measures and any adjustment to the minimum HOT threshold, with such approval expected to occur prior to September 30 of each year. 5. REPORTS. 5.1. Business Plan: By July 31 of each year the CCCVB shall provide City Manager with a Business Plan that outlines the overall goals and objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic segments; a line item budget; and significant initiatives. The Business Plan must include annual performance measures that are approved by the City and be in substantially the format attached hereto as Exhibit B. Opportunities to promote City-funded venues must be specifically identified and included in the Business Plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 5.2 Quarterly HOT Expenditure Reports: The CCCVB shall provide written quarterly reports to the City on expenditures of HOT funds, in accordance with Tax Code §351.101 (c). All reports must be signed by CCCVB management and provided 30 days following the end of the quarter 5.3. Quarterly City Council Presentations and Report: The CCCVB shall provide a presentation and report to the City Council at least quarterly on the activities and work accomplished to include all annual performance measures, status of HOT revenue, and highlights from the year. The CCCVB will coordinate with the City to choose the appropriate dates to present the reports to City Council; provided that, in the event the City does not provide dates quarterly for a personal presentation of the report such shall not be deemed a default by the CCCVB if the CCCVB provides the information to the City-appointed contract manager in writing. 5.4. Annual Written Report: The CCCVB shall provide a written report annually on the outcomes of the performance measures for the previous year. The Annual Report is due within 60 days after the end of each fiscal year while this Agreement is in effect. 5.5 The Annual Audit: The Annual Audit referenced in Section 2.08 shall be provided promptly upon completion but in any event within 120 days after the end of each fiscal year. Page 6 of 27 27 6. CONDUCT OF SERVICES 6.1. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes for which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. The officers and employees, including leased employees, of the CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond must be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form approved by the City Attorney. 8. COMPENSATION. 8.1. HOT Share: The City agrees that for the convention and visitor services performed by the CCCVB under this Agreement, the City shall pay the CCCVB annually the sum of 44% of the City's 7% HOT receipts received by the City for the CCCVB's current fiscal year, but specifically excepting all HOT receipts received by the City that are generated from any and all districts of the Schlitterbahn Beach Country project described in the Chapter 380 Economic Development Incentive Agreement Between the City of Corpus Christi, Texas and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD approved by the City Council by Resolution No. 029487 on May 22, 2012, and subsequently partially assigned to Diamond Beach Holdings, L.P. ("Schlitterbahn"), divided into monthly payments described in Section 8.2. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.2. The City shall allocate the percentage of the HOT revenue referenced in Section 8.1 above collected to fund this Agreement. Each year during the City’s annual budget process, the City and CCCVB shall work collaboratively to forecast the total HOT collections for the upcoming year and will appropriate the HOT Share referenced in Section 8.1 to the CCCVB. This appropriation is subject to approval by City Council in accordance with the provisions and requirements of the Tax Code and shall be paid equally in monthly installments (1/12 of the appropriated budget) beginning on October 1st of each fiscal year. Upon conclusion of each fiscal year, and completion of the City’s independent annual audit, the annual amount appropriated in support of CCCVB for the fiscal year immediately closed will be compared to the HOT Share allocated. Any surplus or deficit may be considered for additional adjustment to CCCVB as part of the mid-year budget adjustment process. Both parties understand if HOT collections fall below budgeted amounts, this will result in a decrease in allocation to CCCVB in the same % as the decreased collection. It will be the responsibility of CCCVB to adjust any budget shortfalls accordingly. 8.3. Force Majeure: If the CCCVB or the City is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force Page 7 of 27 27 majeure, or by reason of circumstances beyond its control, then the obligations of the CCCVB or the City are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 9. SUSPENSION AND TERMINATION. 9.1 Suspension: The City may summarily suspend this Agreement with pay continuing to fund the salaries and basic operations of the CCCVB, if the CCCVB breaches its obligations hereunder and fails to cure such breach within sixty days after receiving written notice of suspension. The City shall promptly apprise CCCVB of the basis for suspension. Any such suspension shall remain in effect until the City determines that appropriate measures have been taken to ensure CCCVB 's future compliance. Grounds for such suspension include, but are not limited to the following: (A) Failure to abide by any terms or conditions of this Agreement; (B) Failure to keep and maintain adequate proof of insurance as required by this Agreement; (C) The violation of City, State, or federal laws by CCCVB as a result of the commission and conviction of a crime of moral turpitude. 9.2 Termination Defined: For purposes of this Agreement, " termination" shall mean termination by expiration of the Agreement or earlier termination pursuant to any of the provisions hereof. 9.3 Termination for Cause: Upon written notice, which notice shall be provided in accordance with Section 12.04, the City may terminate this Agreement as of the date provided in the notice, in whole or in part, upon the occurrence of one (I) or more of the following events: (A) the sale, transfer, pledge, conveyance or assignment of this Agreement without prior approval; (B) ceasing operations for a period of time exceeding twenty (20) days; (C) the expenditure of HOT on gratuities in the form of hosting and amenities offered or given by CCCVB outside reasonable industry business practices in excess of nominal value or otherwise not previously approved by the City, or by any agent or representative of CCCVB, to any officer or employee, including a leased employee, of the City, County, State or any business prospect with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; and (D) failure to cure cause of suspension. 9.4 Defaults with Opportunity for Cure: Should CCCVB default in the performance of this Agreement in a manner stated in this section, same shall be considered an Event of Default. The City shall deliver written notice of the default, specifying in detail the matter(s) in default. The CCCVB shall have sixty (60) calendar days after receipt of the written Page 8 of 27 27 notice, in accordance with Section 13.4. If CCCVB fails to cure the default within such thirty-day cure period, the City shall have the right, without further notice or adoption of a City ordinance, to terminate this Agreement in whole or in part as the City deems appropriate. The following actions are defaults that may be cured by CCCVB: (A) performing unsatisfactorily as evidenced by failure to make adequate progress to meet CCCVB’s pre-determined benchmarks for success, as outlined in the annual Business Plan; (B) failing to perform or failing to comply with any material term or covenant herein required as determined by the City; (C) bankruptcy or selling substantially all of company's assets; and (D) gratuitous expenditures made in hopes of securing favorable contracts. 9.5 Termination by Law: If any State or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. 9.6 Upon the effective date of expiration or termination of this Agreement, CCCVB shall cease all work being performed by CCCVB or any of its subcontractors on behalf of the City. 9.7 Regardless of the method by which this Agreement is terminated, CCCVB agrees to provide a provisional period of termination for a period not to exceed two months upon the City's request. During such provisional period, CCCVB will receive adequate percentage payments of HOT, to be distributed in accordance with Section 8.1 and 8.3, to continue to provide services as provided for, and for which it will be compensated, under this Agreement. 10. BOARD OF DIRECTORS 10.1. The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of 17 voting members, 5 of which are selected directly by the City Council of the City. Those members must be representatives of the following groups: 3 members from the lodging industry; 3 members from the attraction industry; 2 members from the restaurant industry; 5 members from the community at large (appointed by City Council); The Mayor, or his designee; The City Manager, or his designee; The General Manager of the Corpus Christi Hooks; and The Page 9 of 27 27 Director of the Corpus Christi International Airport. 10.2. In addition, the City Council will appoint a representative from the Port of Corpus Christi Authority and a representative from the Regional Transportation Authority to serve as ex-officio advisory non-voting members. The CCCVB may appoint additional advisory, non-voting persons to assist its board of directors in fulfilling its obligations . The current Board of Directors includes seven non-voting members. 10.3 The City Manager, or designee, will serve as a voting member of the Executive Committee of the Board. 10.4. Appointments to the Board will be for staggered, two-year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 10.5. The CCCVB may make recommendations to the City Council for community at- large directors as directors’ terms expire but the CCCVB always shall nominate one more individual per category than the total number of positions available. Appointments will be made by City Council with consideration of nominations by the CCCVB Nominations and Executive Committee’s and Board. The remaining members of the Board of Directors will be appointed in accordance with the procedures and bylaws of the CCCVB. 10.6. Unexcused absences from more than 25 percent of regularly scheduled meetings during a term year must result in an automatic vacancy, which vacancy, for community at- large directors, must be promptly reported to the City Council. The CCCVB Nominations Committee and Board shall go through the process outlined in 10.5 prior to the next scheduled board meeting to make new recommendations for the vacant position. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligible, may not be precluded from reappointment by reason of the automatic vacancy. 10.7. The CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a President/Chief Executive Officer to exercise day to day management and administration of the CCCVB. 10.8. The Board of Directors will operate under bylaws which must be consistent with the terms of this Agreement. The current bylaws are attached hereto as Exhibit C. Any changes to the bylaws must be presented to the City Manager at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. The Board of Directors may approve rules of procedure to govern the conduct of its meetings, which will not require City approval. The CCCVB agrees to have one annual meeting per year open to the public , which will include a presentation of the CCCVB’s annual report on its activities and performance . A copy of the agenda for the meeting of the Board shall be provided to the City Secretary Page 10 of 27 27 at least 72 hours prior to the meeting. Description of the agenda items shall be sufficient to provide advance notice of the items to be considered. The agenda shall not be amended after it is provided to the City Secretary unless an amended agenda is timely provided to the City Secretary for posting at least 72 hours prior to the meeting. 10.9. The City and CCCVB agree that in no event may the City be liable for any contracts made by the CCCVB with any person, firm, corporation, association, or governmental body. 10.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjudged against the CCCVB arising from its operations, or the use or maintenance of its facilities. 11. TERM AND TERMINATION 11.1. The term of the Agreement commences on the Effective Date and continues until September 30, 2024, subject to termination as provided in this Agreement. 11.2. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. In the event the City cancels this Agreement upon one year's notice, the City assumes any obligations of the convention and visitor's fund with a term of less than one year and any other obligation approved In advance by the City Manager. The City reserves the right to terminate this Agreement without notice for cause. 12. INTELLECTUAL PROPERTY RIGHTS 12.1 Intellectual Property created or arising from the delivery of Services under this Agreement will be the property of the City. The CCCVB has a limited license to use any and all Intellectual Property created or arising from the delivery of Services under this Agreement for purposes of continued performance under this Agreement. Upon termination of this Agreement for any reason, all Intellectual Property and work products maintained by the CCCVB will be provided to the City at no cost. 13. MISCELLANEOUS 13.1. This Agreement replaces and supersedes all other contracts and understandings previously made between the City and CCCVB. 13.2. The CCCVB specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No change of name or use of additional names may be deemed a modification of this Agreement. 13.3. The CCCVB shall comply with all applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. 13.4. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, Page 11 of 27 27 postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: City Manager 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 CCCVB: Corpus Christi Convention & Visitors Bureau Attention: Chief Executive Officer 1501 North Chaparral Street Corpus Christi, Texas 78401 Reporting and daily communication may be provided by email. 13.5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given full force and effect for its purpose. 13.6. No amendments, modifications, or other changes to this Agreement are valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the same instrument. 13.7. The CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. 13.8. CCCVB shall create and follow a drug and alcohol abuse policy that is appropriate for the organization’s size and business. The policy must, at a minimum, comply with the Drug Free Workplace Act of 1988 (codified at 41 USC Chapter 81) and provide guidelines for employees, including leased employees , to follow regarding events and activities for which consumption or gifting of alcohol is or is not appropriate. 13.9. The CCCVB agrees that, during the term of this Agreement, it will not discriminate nor permit discrimination against any person or group of persons, with regard to employment, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The CCCVB shall create and follow an Equal Employment Opportunity policy. The policy must, at a minimum, provide for procedures to be used to investigate allegations of discrimination. 13.10. This Agreement takes effect upon the date of the last signature (the “Effective Page 12 of 27 27 Date”). Executed on the dates indicated below binding the respective parties as of the date of last signature. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU By: By: Constance Sanchez Brett Oetting Chief Financial Officer Chief Executive Officer Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 13 of 27 27 EXHIBIT A INSURANCE REQUIREMENTS I. CCCVB’S LIABILITY INSURANCE A. CCCVB must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. CCCVB must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. CCCVB must furnish to the City’s Risk Manager and Director Human Resources, 2 copies 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 CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $1,000,000 Per Occurrence HOST LIQUOR LIABILITY Applicable when alcohol being served $1,000,000 Combined Single Limit C. In the event of accidents of any kind related to this agreement, CCCVB must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 14 of 27 27 II. ADDITIONAL REQUIREMENTS A. Applicable for paid and leased employees, CCCVB 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 CCCVB will be promptly met. B. CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CCCVB'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. CCCVB 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. CCCVB 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. CCCVB 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 (including leased employees), volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy;  Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy;  Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and  Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the Page 15 of 27 27 required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon CCCVB'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 CCCVB to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to CCCVB hereunder until CCCVB demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that CCCVB'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. 2019 Insurance Requirements Legal Dept. Corpus Christi Convention and Visitors Bureau Management Services Agreement 07/02/2019 sw Risk Management Page 16 of 27 27 EXHIBIT B BUSINESS PLAN TEMPLATE [insert logo] Corpus Christi Convention & Visitors Bureau Business Plan Fiscal Year: 2019-2020 <Insert date of version > Approved by: Convention and Visitors Bureau, CEO City Manager DEPARTMENTAL PROFILE ORGANIZATION DESCRIPTION Provide a brief description of the major duties, services/and programs currently provided by the organization (if desired, may separate by division); a brief history of significant events affecting the department; current innovative programs and initiatives, discussion of major contracted operations (if any). ORGANIZATIONAL CHART Provide an organization chart to include each authorized individual position Health Care Plan Provide the CVB’s healthcare plan to include premiums paid by the employee or leased employee and those paid by the CVB. Compensation Plan Provide the compensation for each authorized individual position. Include paid time off benefits to include, sick leave and vacation accrual policy. Page 17 of 27 27 Holiday Calendar Provide a calendar of paid and unpaid holidays (if applicable) CURRENT BUSINESS ENVIRONMENT Summarize organizations business environment, including such aspects as customers served, changes in major customer service trends, target service levels, changes in regulatory environment, or recent changes in business practices. PERFORMANCE TRENDS Summarize key trends evident from your performance measures. Discuss strategic and operational implications. FINANCIAL SUMMARY Insert expenditures and revenues reports at a high level similar to what is used for budget presentations. Expenditures Revenues Capital Budget Summary PINNACLE ISSUES List any critical pinnacle issues. For each issue describe the strategies used to deal with the issue, including a reference to where the strategy can be found in your Strategic Plan. 3 to 5 YEAR OUTLOOK List activities, programs, or initiatives anticipated beyond FY 20 - [current fiscal year] that are required to achieve strategic goals and outcomes. You may include the impact of any potential changes in your business environment, anticipated achievement of milestones, anticipated obstacles for major projects, looming legislative changes or mandates. What are the changes on the horizon? What are the threats? What are the opportunities? What is the vision? EXTERNAL BENCHMARKS List the measures currently used in your Strategic Plan to benchmark against the other Texas cities. Discuss comparative results and strategic implications. If available, present results of benchmarking to cities across the United States. Describe any new benchmark measures proposed. Page 18 of 27 27 MISSION Organization Mission: Insert Organization mission statement. GOALS & MEASURES Goals & Measures: Insert mission elements, goals & measures into table below. There should be at least one goal for each Mission Element, although a Mission Element can have multiple goals. Table of Mission Elements and Goals Mission Elements Goals Measures Used for the City Performance Report (CPR) # Description Page 19 of 27 27 STRATEGIES & TASKS MISSION ELEMENT #1: [Insert Mission Element] Goal 1: [Insert Goal statement] STRATEGY 1: (describe strategy for goal above) Responsible Manager: Problem this strategy is addressing: Tasks to execute strategy: Task Name Task Due Date Task Owner 1) 2) 3) 4) 5) Goal 2: [Insert Goal statement] STRATEGY 1: (describe strategy for goal above) Responsible Manager: Problem this strategy is addressing: Tasks to execute strategy: Task Name Task Due Date Task Owner 1) 2) 3) 4) 5) [Continue with each Mission Element] Page 20 of 27 27 EXHIBIT C CCCVB Bylaws Page 21 of 27 27 Page 22 of 27 27 Page 23 of 27 27 Page 24 of 27 27 Page 25 of 27 27 Page 26 of 27 27 Page 27 of 27 27 DATE: February 5, 2021 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammye@cctexas.com 361-826-3622 CAPTION: Resolution endorsing Mayor Paulette Guajardo to serve on the Texas Municipal League board of directors SUMMARY: The City of Corpus Christi has a permanent at-large seat on the Texas Municipal League (TML) board of directors and requires the city council to pass a resolution endorsing the selected board member. BACKGROUND AND FINDINGS: TML is a statewide organization that represents the interest of Texas cities at the state and federal level. The City of Corpus Christi has a permanent seat on the TML board of Directors which gives the city a voice into the operation of TML and the advocacy decisions made by the organization. Traditionally the Mayor of Corpus Christi has filled the position on the Board of Directors and this resolution allows us to comply with the requirements in the TML bylaws to appoint Mayor Guajardo to represent the City of Corpus Christi on the TML board of directors. ALTERNATIVES: The council can pass the resolution, or the Council can choose to appoint another member of council to the board of directors. FISCAL IMPACT: No financial impact to the city RECOMMENDATION: Staff recommends adoption of this resolution which will fill the Corpus Christi position on the TML board Resolution endorsing Mayor Paulette Guajardo to serve on the Texas Municipal League board of directors AGENDA MEMORANDUM Action Item for the City Council Meeting February 16, 2021 of directors. LIST OF SUPPORTING DOCUMENTS: TML Board Resolution Mayor Guajardo Resolution endorsing Mayor Paulette Guajardo to serve on the Texas Municipal League board of directors WHEREAS, the City of Corpus Christi is a member of the Texas Municipal League (TML), a statewide organization that represents the interests of Texas cities at the state and federal levels; and WHEREAS, the TML Board of Directors governs and conducts the affairs of TML, promotes interest in municipal government on a regional level, and facilitates the exchange of information among cities across the region; and WHEREAS, the TML Board of Directors is comprised of a president, regional directors, affiliate directors, directors-at-large, and past presidents; and WHEREAS, the City of Corpus Christi has a permanent director-at-large seat on the TML Board of Directors; and WHEREAS, only city officials of member cities may serve as directors; and WHEREAS, having representation on the TML Board of Directors would provide greater influence at the regional and state levels for the City of Corpus Christi; and WHEREAS, TML requires that cities endorse their selected Board member through official City Council resolution. NOW THEREFORE, BE IT RESOLVED THAT THE CORPUS CHRISTI CITY COUNCIL endorses Mayor Paulette Guajardo to represent the City of Corpus Christi on the TML Board of Directors as a director-at-large. PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 24, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 58.95 acres in size. The subject property is currently zoned “FR” Farm Rural District and has remained undeveloped since annexation 1995. The proposed rezoning will allow the continued development of the Rancho Vista Subdivision by approximately 200 single- family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and does not have a negative impact upon the adjacent properties. Access to the subject property currently occurs though Rancho Vista Boulevard and Fred’s Folly Drive. The eventual extensions of South Oso Parkway and Rodd Field Road will provide additional points of access. City Council approved as part of Bond 2020, $1.9 Million for designing the reconstruction of Yorktown Boulevard from Rodd Field Road to Oso Creek. Public Input Process Number of Notices Mailed 12 within 200-foot notification area 4 outside notification area Rezoning a property at or near 7601 Yorktown Boulevard AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/23/21 Second Reading Ordinance for the City Council Meeting 03/09/21 As of December 28, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District on January 6, 2021. ALTERNATIVES: 1. Denial of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 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 Case No. 0121-02, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 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 to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 58.95 Acre Zoning Tract, out of Lots 3, 4, 5, 12, 13, 14, 15, and 16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being all of a 24.14 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039533, and compromising portions of a 94.32 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Related Investors, Ltd. to Braselton Development Company, Ltd., recorded in Document No. 2020039538, Official Public Records of Nueces County, Texas, and a portion of a 9.18 Acre Tract as described in Special Warranty Deed from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039532, as shown in Exhibit “A”: from the “FR” Farm Rural District to the “RS-4.5” Single Family 4.5 District The subject property is located at or near 7601 Yorktown Boulevard. 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 7 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 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 7 Exhibit A Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0121-02 INFOR No. 20ZN1030 Planning Commission Hearing Date: January 6, 2021 Applicant & Legal Description Owner: Braselton Development Company, Ltd. Applicant: Urban Engineering Location Address: Portion of 7601 Yorktown Boulevard Legal Description: Described as a 58.95 Acre Zoning Tract, out of Lots 3, 4, 5, 12, 13, 14, 15, and 16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being all of a 24.14 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039533, and compromising portions of a 94.32 Acre Tract as described in a Special Warranty Deed with Vendor's Lien from Related Investors, Ltd. to Braselton Development Company, Ltd., recorded in Document No. 2020039538, Official Public Records of Nueces County, Texas, and a portion of a 9.18 Acre Tract as described in Special Warranty Deed from Gulfway Shopping Center to Braselton Development Company, Ltd., recorded in Document No. 2020039532, located south of Todd Hunter Drive, east of Rodd Field Road, west of Starry Road, and north of Oso Creek. Zoning Request From: “FR” Farm Rural District To: “RS-4.5” Single-Family 4.5 District Area: 58.95 Acres Purpose of Request: The proposed use will be a single-family residential subdivision and serve as an extension of the existing Rancho Vista Subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural District Agriculture Medium Density Residential North “FR” Farm Rural District Vacant Medium Density Residential South “RS-4.5” Single-Family 4.5 District Conservation/ Preservation Flood Plain Conservation East “RS-4.5” Single-Family 4.5 District and “FR” Farm Rural District Agriculture and Park Medium Density Residential and Flood Plain Conservation West “RS-4.5” Single-Family Residential Vacant Medium Density Residential Staff Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 042029 and 043029 City Council District: 5 Zoning Violations: None Transportation Transportation and Circulation: The subject property will have eventual access to Rodd Field Road, which is an “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity of 30,000- 48,000 trips per day. Currently the property is landlocked, but with future expansion of the Rancho Vista Subdivision will have access to internal local streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Stampede Drive Collector 60’ ROW 40’ paved 60’ ROW 36’ paved Not Available Rodd Field Road “A3” Primary Arterial 130’ ROW 79’ paved None Not Available Oso Parkway (proposed) “P1” Parkway Collector 80’ ROW 40’ paved None Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “RS-4.5” Single-Family District. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District, consists of vacant property, and has remined undeveloped since annexation in 1995. To the north is a vacant property zoned “FR” Farm Rural. Further to the north is a single- family residential subdivision (Rancho Vista) that is zoned “RS-4.5” Single Family Residential. To the south is Oso Creek, which is zoned “FR” Farm Rural District. To the east is vacant property zoned “RS-4.5” Single-Family 4.5 District. To the west is vacant land, zoned “FR” Farm Rural District, and the planned street extension of Rodd Field Road according to the Urban Transportation Plan (UTP). AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch Ductile Iron to the north. Wastewater: 8-inch PVC line to the north. Staff Report Page 3 Gas: None. Storm Water: No storm water pipe adjacent to the subject property. Storm Basin is the Oso Creek basin. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Southside Area Development Plan. The proposed rezoning is consistent with the following policies of the Comprehensive Plan (Plan CC): • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southside Area Development Plan. The proposed rezoning is also compatible with the future land use and does not have a negative impact upon the adjacent properties. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Planning Commission and Staff Recommendation (January 6, 2021): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5” Single- Family 4.5 District. Public Notification Number of Notices Mailed – 12 within 200-foot notification area 4 outside notification area As of December 28, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 4 B. Public Comments Received (if any) Staff Report Page 5 Braselton Development Company, Ltd. Rezoning for a Property at 7601 Yorktown Boulevard From “FR” To “RS-4.5” N City Council February 23, 2021 Zoning Case #0121-02 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern N 4 Public Notification 12 Notices mailed inside 200’ buffer 4 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition N 5 Planning Commission and Staff Recommendation Approval of the “RS-4.5” Single-Family 4.5 District DATE: January 24, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District. SUMMARY: The proposed use will be a development consisting of 21 single-family residential homes. BACKGROUND AND FINDINGS: The subject property is 4.70 acres in size. The subject property is currently zoned “RM-1” Multifamily 1 District, consists of vacant property, and has remined undeveloped since annexation in 1961. The proposed rezoning will allow for the construction of 21 single-family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the future land use, and does not have a negative impact upon the adjacent properties. The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. The proposed development is 2.33 Acres and proposes 21 single family homes, with a density of 9.01 units per acres meets the definition of medium-density residential. Public Input Process Number of Notices Mailed 52 within 200-foot notification area 1 outside notification area As of December 28, 2020: In Favor 0 inside notification area In Opposition 0 inside notification area Rezoning a property at or near 725 Glenoak Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/23/21 Second Reading Ordinance for the City Council Meeting 03/09/21 0 outside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 District on January 6, 2021. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single- Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 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 Case No. 0121-03, Bassam Salman: (District 4) Ordinance rezoning property at or near 725 Glenoak Drive from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 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 to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as a 4.700 Acre Tract of Land, being out of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 4.700 Acre Tract, being a portion of a 1.358 Acre Tract (called 1.406 Acres) described as Correction Drainage Easement from Jon Held to The City of Corpus Christi, Texas, recorded in Volume 1750, Page 281, Deed Records of Nueces County, Texas, a 0.1228 Acre Tract (called 0.123Acres) described as Right-of-Way Easement from Beverly Held to the City of Corpus Christi, recorded in Document No 12007036434, Official Public Records of Nueces County, Texas, and also being a portion of a 0.1377 Acre Tract (called 0.1417 Acres) described as a Right- of- Way Easement from Beverly Held, Executrix for Jon Held Homes to the City of Corpus Christi, recorded in Volume 2087, Page 1, of the said Deed Records, recorded in Document No. 2020039532, as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District The subject property is located at or near 725 Glenoak Drive. 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 7 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 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0121-03 INFOR No. 21N1002 Planning Commission Hearing Date: January 6, 2021 Applicant & Legal Description Owner: Bassam Salman Applicant: Bassam Salman Location Address: 725 Glenoak Drive Legal Description: Described as a 4.700 Acre Tract of Land, being out of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 4.700 Acre Tract, being a portion of a 1.358 Acre Tract (called 1.406 Acres) described as Correction Drainage Easement from Jon Held to The City of Corpus Christi, Texas, recorded in Volume 1750, Page 281, Deed Records of Nueces County, Texas, a 0.1228 Acre Tract (called 0.123Acres) described as Right- of-Way Easement from Beverly Held to the City of Corpus Christi, recorded in Document No 12007036434, Official Public Records of Nueces County, Texas, and also being a portion of a 0.1377 Acre Tract (called 0.1417 Acres) described as a Right- of- Way Easement from Beverly Held, Executrix for Jon Held Homes to the City of Corpus Christi, recorded in Volume 2087, Page 1, of the said Deed Records, located along the south side of Glenoak Drive, west side of Held Drive, and east of Flour Bluff Road, and north of Caribbean Drive. Zoning Request From: “RM-1” Multifamily 1 District To: “RS-4.5” Single Family 4.5 District Area: 4.700 Acres Purpose of Request: The proposed use will be a development consisting of 21 single-family residential homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 District Vacant Medium Density Residential North “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential South “RS-4.5” Single-Family 4.5 District Low Density Residential Medium Density Residential East “RM-1” Multifamily 1 District and “RS-6” Single-Family 6 District Medium Density Residential and Low Density Residential Low-Density Residential West “RS-4.5” Single-Family 4.5 District Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 036029 City Council District: 4 Zoning Violations: None Staff Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single Family 4.5 District to allow for the construction of 21 single- family homes. Development Plan: The subject property is 2.388 acres. The proposed development of 21 single-family homes will have access to Glen Oak Drive and Held Drive. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District, consists of vacant property, and has remined undeveloped since annexation in 1961. To the north across Glenoak Drive is single-family residential subdivision (South Sea Island #2) zoned “RS-6” Single-Family 6 District. To the south and west is a single-family residential subdivision (Highland Oaks Unit 3) zoned “RS-4.5” Single-Family 4.5 District. To the east is a multifamily residential development (Glenoak Apartments) zoned “RM-1” Multifamily 1 District and “CN-1” Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch ACP line at the corner of Glenoak Drive and Held Drive to the Northeast. Wastewater: 10-inch VCP line along Glenoak Drive to the north. Gas: 4-inch PE gas line located along Held Drive to the south. Storm Water: 48-inch line along Glenoak Drive to the north. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Southside Area Development Plan. The proposed rezoning is Transportation Transportation and Circulation: The subject property has approximately 550 feet of street frontage along Glenoak Drive which is designated as a “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity of 1,000–3,000 trips per day. The subject property also has approximately 77 feet of street frontage along Held Drive which is a local residential street. According to the Urban Transportation Plan, Local / Residential Streets, can convey a capacity of up to 500 average daily trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Glenoak Drive “C1” Minor Collector 60’ ROW 40’ paved 60’ ROW 20’ paved 6,522 (2015) Held Drive Local / Residential 50’ ROW 28’ paved 40’ ROW 36’ ROW No Data Staff Report Page 3 consistent with the following policies of the Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also compatible with the future land use and does not have a negative impact upon the adjacent properties. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. The proposed development is 2.33 Acres and proposes 21 single family homes, with a density of 9.01 units per acres meets the definition of medium-density residential. Planning Commission and Staff Recommendation (January 6, 2021): Approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 52 within 200-foot notification area 1 outside notification area As of December 28, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 Bassam Salman Rezoning for a Properties at 725 Glenoak Drive From “RM-1” to “RS-4.5” Zoning Case #0121-03 City Council February 23, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern 4 Public Notification 52 Notices mailed inside 200’ buffer 1 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 N Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition 5 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RS-4.5” Single-Family 4.5 District DATE: February 16, 2021 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3979 CAPTION: Approving Resolution of Support for 9% Low-income Housing Tax Credit Application for Avanti at Heritage Park. SUMMARY: Resolution of Support for the Avanti at Heritage Park 9% Low-income Housing Tax Credit development. BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2021. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support. The support is necessary for the project to be competitive in the application process. Avanti at Heritage Park is a 68 to 72 unit multi-family development. The developer aims to include between 10%-15% market rate units with the balance being for renters with incomes at or below 60% of the Area Median Income. The development is located at the southwest corner of Fitzgerald Street and Chaparral Street. Resolution of Support for 9% Low-income Housing Tax Credits for Avanti at Heritage Park AGENDA MEMORANDUM Action Item for the City Council Meeting of February 16, 2021 ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would greatly reduce or eliminate the chance that the project would be awarded Low-income Housing Tax Credits. FISCAL IMPACT: The fiscal impact is that there will be a $500 building permit fee waiver. FUNDING DETAIL: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation 1 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Avanti at Heritage Park to be developed by Avanti Heritage Park, LP. Whereas, Avanti Heritage Park, LP. (the “Applicant”) has proposed a development project to construct 68 to 72 unit multi-family development to include between 10%-15% market rate units with the balance being for renters with incomes at or below 60% of the Area Median Income, which is to be located at the southwest corner of Fitzgerald Street and N. Chaparral Street (“Avanti at Heritage Park Project”); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2021 Housing Tax Credits for the Avanti at Heritage Park Project; and Whereas, the Property is zoned CI (Intensive Commercial District) and CI zoning allows Multi-Family Housing development within allowed density. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council of the City of Corpus Christi hereby supports the proposed Avanti at Heritage Park Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges support for the proposed Avanti at Heritage Park Project located at the southwest corner of Fitzgerald Street and N. Chaparral Street. Section 3. The City commits $500 in reduced fees if the Avanti at Heritage Park Project is awarded low income housing tax credits. 2 PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City Council January 16, 2021 Resolutions of Support for 9% Low-income Housing Tax Credits Items 21-0151 and 21-0221 1 2 Low-income Housing Tax Credits •Low-income Housing Tax Credits (LIHTC)are the most common financing tool for multi-family affordable rental housing units •Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA).The application process is highly competitive •Corpus Christi is in Region 10/Urban which includes Nueces, Aransas,San Patricio,and Victoria counties.The region generally receives 1 award each year from the competitive process 3 4 Resolutions of Support •Recommending approval of Resolutions of Support for Avanti at Heritage Park and Palms at Blucher Park •Resolutions of Support include a commitment of $500 fee waivers also required for competitive applications •A Resolution of Support earns 17 points on the State application and due to the competitive nature of applications is necessary to win LIHTCs 5 Avanti at Heritage Park Madhouse Development •78 Units •SWC of Fitzgerald & Chaparral •$1,383,899 LIHTC Requested •$16,822,654 development cost •1 & 2 bedroom mix •59 affordable units for 60% AMI and below •10 units for 80% AMI •9 market-rate units 6 Avanti at Heritage Park Sample Elevation from Medwest in San Antonio 7 Palms at Blucher Park TG 110/Prospera •72 affordable units •200 Block of S. Tancahua •$1,383,899 LIHTC requested •$17,296,018 development cost •1, 2, & 3 bedroom mix •Affordable units for 60% AMI and below 8 City Council January 16, 2021 Resolutions of Support for 9% Low-income Housing Tax Credits Items 21-0151 and 21-0221 9 DATE: February 16, 2021 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3979 CAPTION: Approving Resolution of Support for 9% Low-income Housing Tax Credit Application for Palms at Blucher Park. SUMMARY: Resolution of Support for the Palms at Blucher Park 9% Low-income Housing Tax Credit development. BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2021. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support. The support is necessary for the project to be competitive in the application process. Palms at Blucher Park is a 72-unit multi-family development for renters with incomes at or below 60% of the Area Median Income. The development is located at 209, 217, 223, 227 S. Tancahua and 209 S. Carancahua Street. Resolution of Support for 9% Low-income Housing Tax Credits for Palms at Blucher Park AGENDA MEMORANDUM Action Item for the City Council Meeting of February 16, 2021 ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would greatly reduce or eliminate the chance that the project would be awarded Low-income Housing Tax Credits. FISCAL IMPACT: The fiscal impact is that there will be a $500 building permit fee waiver. FUNDING DETAIL: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation 1 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Palms at Blucher Park to be developed by TG 110 Palms at Blucher Park, LP. Whereas, TG 110 Palms at Blucher Park, LP. (the “Applicant”) has proposed a development project to construct a 72-unit multi-family development for renters with incomes at or below 60% of the Area Median Income, which is to be located at 209, 217, 223, 227 S. Tancahua and 209 S. Carancahua Street (“Palms at Blucher Park Project”); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs (“TDHCA”) for 2021 Housing Tax Credits for the Palms at Blucher Park Project; and Whereas, the Property is zoned CI (Intensive Commercial District) and CI zoning allows Multi-Family Housing development within allowed density. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council of the City of Corpus Christi hereby supports the proposed Palms at Blucher Park Project. Section 2. The City Council for the City of Corpus Christi hereby acknowledges support for the proposed Palms at Blucher Park Project located at 209, 217, 223, 227 S. Tancahua and 209 S. Carancahua Street. Section 3. The City commits $500 in reduced fees if the Palms at Blucher Park Project is awarded low income housing tax credits. 2 PASSED AND APPROVED on the ______ day of _________, 2021: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City Council January 16, 2021 Resolutions of Support for 9% Low-income Housing Tax Credits Items 21-0151 and 21-0221 1 2 Low-income Housing Tax Credits •Low-income Housing Tax Credits (LIHTC)are the most common financing tool for multi-family affordable rental housing units •Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA).The application process is highly competitive •Corpus Christi is in Region 10/Urban which includes Nueces, Aransas,San Patricio,and Victoria counties.The region generally receives 1 award each year from the competitive process 3 4 Resolutions of Support •Recommending approval of Resolutions of Support for Avanti at Heritage Park and Palms at Blucher Park •Resolutions of Support include a commitment of $500 fee waivers also required for competitive applications •A Resolution of Support earns 17 points on the State application and due to the competitive nature of applications is necessary to win LIHTCs 5 Avanti at Heritage Park Madhouse Development •78 Units •SWC of Fitzgerald & Chaparral •$1,383,899 LIHTC Requested •$16,822,654 development cost •1 & 2 bedroom mix •59 affordable units for 60% AMI and below •10 units for 80% AMI •9 market-rate units 6 Avanti at Heritage Park Sample Elevation from Medwest in San Antonio 7 Palms at Blucher Park TG 110/Prospera •72 affordable units •200 Block of S. Tancahua •$1,383,899 LIHTC requested •$17,296,018 development cost •1, 2, & 3 bedroom mix •Affordable units for 60% AMI and below 8 City Council January 16, 2021 Resolutions of Support for 9% Low-income Housing Tax Credits Items 21-0151 and 21-0221 9 DATE: December 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. 1020-01, Tex-Isle, LLC.: (District1). Ordinance rezoning property at or near 1401 North Alameda Street from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a laydown yard. On February 9th, the City Council conducted a public hearing and voted to table the rezoning case and direct ed staff to draft language for a potential Special Permit. BACKGROUND AND FINDINGS: The subject property is 4.23 acres in size and was zoned “RM-1” Multifamily 1 District in the early 1970s. Northside Manor, originally located on the subject property, was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). The Downtown Area Development Plan, newly codified in 2018, states that this area may provide possibilities for new workforce housing in a band of development near Staples Street, if/once the proposed Staples Street expansion is completed. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC) and is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded by multifamily zoning districts. The only industrially zoned properties in the Washington-Coles neighborhood are located north of the subject property and across West Broadway Street. Rezoning a property at or near 1401 North Alameda Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/26/21 Second Reading Ordinance for the City Council Meeting 02/09/21 Public Input Process Number of Notices Mailed 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor 6 inside notification area 0 outside notification area In Opposition 14 inside notification area 0 outside notification area Totaling 13.523% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District on October 12, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily Residential District to the “IL” Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request. Vote Count: For: 0 Opposed: 7 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1020-01 Tex-Isle, Inc: Ordinance rezoning property at or near 1401 North Alameda Street from the “RM- 1” Multifamily 1 District to the “IL” Light 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 to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 4.23 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, as shown in Exhibits “A” and “B”: from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District The subject property is located at or near 1401 North Alameda Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 5 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. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 5 of 5 Exhibit B Zoning Case No. 1020-01, Tex-Isle, Inc.: (District 1) Ordinance rezoning property at or near 1014 North Alameda Street from the “RM-1” Multifamily 1 District to the “RM-1/SP” Multifamily 1 District with a Special Permit (SP) with conditions. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, as shown in Exhibits “A” and “B from the “RM-1” Multifamily 1 District to the “RM-1/SP” Multifamily 1 District with a Special Permit (SP) with conditions. The subject property is located at or near 1014 North Alameda Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Truck or transfer terminal” as described in Section 5.1.5.B. “Warehouse and Freight Movement” of the Unified Page 2 of 7 Development Code (UDC). The only accessory uses allowed are an associated office and an outdoor storage yard. Storage of hazardous materials is prohibited. 2. Hours of Operation: The hours of operation will occur daily within the hours of 6:00 AM to 8:00 PM except off-hour deliveries of cargo. 3. Buffer Yard: A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC) shall be required where the subject property shares a property line with a residential zoning district and/or residential uses not owned by the applicant. 4. Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Nuisance: The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6. Dust: Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Access: No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. Access to Sam Rankin Street and North Alameda Street shall be exit only and shall be channelized by means of physical delineators to prevent truck traffic from turning south. 9. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10. Landscaping: Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 11. Screening: The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non-industrial uses. 12. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13. Time Limit: 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. Page 3 of 7 Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five (5) years unless a time extension is approved by the City Council. 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 4 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 5 of 7 Page 6 of 7 Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 1020-01 INFOR No. 20ZN1024 Planning Commission Hearing Date: October 14, 2020 Applicant & Legal Description Owner: Tex-Isle, Inc. Applicant: The Clower Company Location Address: 1401 North Alameda Street Legal Description: 4.1573 acres, more or less, being out of Block C, Colonia Mexicana and Lots 5 and 6, Block Southwest 1/4 C, Colonia Mexicana, located on the east side of Sam Rankin Street, west of South Alameda Street, and north of Interstate 37. Zoning Request From: “RM-1” Multifamily 1 District To: “IL” Light Industrial District Area: 4.23 acres Purpose of Request: To allow for the construction of a laydown yard on the full property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 Vacant High Density Residential North “IH” Heavy Industrial Heavy Industrial and Public/Semi-Public Commercial and Light Industrial South “RM-1” Multifamily 1 and “CI” Intensive Commercial Commercial and Vacant High Density Residential East “RM-1” Multifamily 1, “RM-2” Multifamily 2 and “CI” Intensive Commercial Vacant and Low Density Residential High Density Residential West “RM-1” Multifamily 1, “RM-AT” Multifamily AT and “CN-1” Neighborhood Commercial Vacant High Density Residential and Permanent Open Space ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for high density residential uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 046045 City Council District: 1 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 280 feet of frontage along W Broadway Street, which is designated as a “C1” Minor Collector Street, approximately 583 feet of frontage along Sam Rankin Street, which is designated as a Local / Residential Street, approximately 583 feet of frontage along North Alameda Street, which is designated as a Local / Residential Street, and approximately 280 feet of frontage along Chipito Street, which is designated as a Local / Residential Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Alameda Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A West Broadway Street “C1” Minor Collector 60’ ROW 40’ Paved 60’ ROW 40’ Paved N/A Sam Rankin Street Local/Residential 50’ ROW 28’ Paved 60’ ROW 40’ Paved N/A Chipito Street Local/Residential 50’ ROW 28’ Paved 40’ ROW 30’ Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District to allow for the construction of a laydown yard. Development Plan: The subject property is 4.23 acres in size. The owner is proposing the construction of a laydown yard on the full property. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and consists of vacant land which was formerly a multifamily apartment complex. The subject property was zoned “RM-1” Multifamily 1 District in the early 1970s. The former apartment complex (Northside Manor) was demolished in 2016. The subject property was part of the original founding of the City in 1852. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north across West Broadway Street is the Union Pacific Rail line and a City Wastewater Treatment Plant (Broadway). To the south are single-family homes zoned “RM-1” Multifamily 1 District and “CI” Intensive Commercial District. To the east is a single-family residence zoned “RM-1” Multifamily 1 District. Across North Alameda Street are vacant properties and an abandoned single-family home and commercial building zoned “RM-1” Multifamily 1 District, “RM-2” Multifamily 2 District, and “CI” Intensive Commercial District. To the west are vacant tracts zoned “RM-1” Multifamily 1, “RM-AT” Multifamily AT, and “CN-1” Neighborhood Commercial. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8- inch CIP line along West Broadway Street. Wastewater: 6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6-inch VCP line along North Alameda Street, and an 21-inch VCP line along West Broadway Street. Gas: 2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water: 24-inch line located along Sam Rankin Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Specifically, the rezoning is inconsistent with the following policies: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7) • Support preservation and reuse of historically significant buildings, areas, and sites. (Housing and Neighborhoods Policy Statement 7) • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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) • Promote residential and mixed-use development downtown. (Future Land Use, Zoning, and Urban Design Policy Statement 2) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • The former Northside Manor property has been closed following relocation of its affordable housing units to the Palms at Leopard, and the property is up for sale. Depending on the purchaser, this too might provide possibilities for new workforce Staff Report Page 4 housing in a band of development near Staples Street. (Downtown Area Development Plan: Washington-Coles) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “IL” Light Industrial District constitutes a dramatic increase in the intensity of land uses that is surrounded multifamily zoning districts. The only industrially zoned properties in the Washington- Coles neighborhood are located north of the subject property and across West Broadway Street. The uses are comprised of the Broadway Wastewater Treatment Plant, Union Pacific Railroad, and Concrete Street Amphitheater. • This proposed rezoning does have a negative impact upon the surrounding neighborhood. An increase in density next to multifamily zoned properties and existing single-family homes to the east and south will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. At the time of application no additional information has been provided concerning the types of materials to be stored, hours of operation, or levels of potential noise. • Granting this rezoning to the “IL” Light Industrial District encourages future rezoning cases. The Downtown Area Development Plan (ADP) and Future Land Use Map clearly identify the Washington-Coles neighborhood for residential and small commercial redevelopment. Additionally, the subject property is located to the east and outside of the buyout area affiliated with the new Harbor Bridge project. • The subject property is isolated with no possible connectivity for heaver truck traffic. West Broadway Street as a “C1” Minor Collector Street is the only street connecting North Port Avenue and State Highway 181 to the subject property. The proposed change of zoning would encourage cut-through heavy truck traffic down Sam Rankin Street or North Alameda Street. Both of these streets are designated as local / residential streets and were not designed to handle the heavy weight of semi-trucks plus the additional weight of the cargo being transported to and from the subject property. Further taking into account the new Harbor Bridge project that will only further encourage truck traffic to route south through either Sam Rankin Street or North Alameda Street to reach the Interstate 37 frontage road. • Lastly, as mentioned earlier in this report, there are two properties within the block of the subject property that are not part of this proposed rezoning. These properties would remain zoned “RM-1” Multifamily 1 District. One of these remaining properties is an occupied single-family home. Meaning, if the change of zoning were to occur, these properties would be surrounded by the industrial use and exposed to all of the aforementioned hazards of lights, dust, smoke, vibrations, odors, and noise. However, the industrial use would be required to install the zoning district buffer yard of 20-feet and 20 points, as well as a 40-foot setback if a building was to be constructed on-site. Planning Commission and Staff Recommendation (October 14, 2020): Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “IL” Light Industrial District. Staff Report Page 5 Public Notification Number of Notices Mailed – 52 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor – 6 inside notification area – 0 outside notification area In Opposition – 13 inside notification area – 0 outside notification area Totaling 13.52% of the 200-foot notification area* in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 1 Andrew Dimas [DevSvcs] From:Craig Garrison Sent:Wednesday, October 14, 2020 3:56 PM To:Andrew Dimas [DevSvcs] Subject:Fwd: Rezoning case #1020-01 FYI    Sent from my T‐Mobile 4G LTE Device  Get Outlook for Android  From: Tony Sheldon <tony123shel@yahoo.com>  Sent: Wednesday, October 14, 2020 3:24:55 PM  To: Craig Garrison <CraigG@cctexas.com>  Subject: Rezoning case #1020‐01      [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username,  payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ]  ________________________________    Hello,    I, Anthony Sheldon, vote in favor of the zone change in case number 1020‐01.    Thanks,    Anthony Sheldon  From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas From:Eddie Jackson Mathis To:Andrew Dimas [DevSvcs] Subject:Zoning Change Request Washington/Coles Area Date:Thursday, October 8, 2020 4:03:14 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To the Zoning Commission: My name is Eddie Jackson Mathis. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. St. Paul owns the property across the street from the North Side Manor. One year ago this company made this same request. The community stood together in working to stop the zoning change at that time. Now with all the chaos of 2020, they are back with the same plan. We made an investment in the area when we placed a children's playground on our property. The playground is on the piece of property near the old Northside Manor location. We invested in the property for the enjoyment of the children of the community and the children of the Church. The property is connected to our Church grounds. We know that the Washington/ Coles area will be a great family place once the bridge is complete. A few families that currently live in the area, use the playground on a regular basis. As a Church member, Corpus Christi voting citizen and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school is will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grewup in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. PLEASE, deny this request for a zoning change. Thank you for your time and it is my prayer that you seriously consider denial. Eddie Jackson Mathis St. Paul United Methodist Church 1202 Sam Rankin Corpus Christi Texas 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username,  payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ]  ________________________________    Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the  Helpdesk at 826‐3766.    Corpus Christi, Texas Zoning Committee:    My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax  payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor  Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt  the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray  request is denied.    Thank You for your consideration.  Lula Jo Bell  St. Paul United Methodist Church  1202 Sam Rankin Street  From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> 1 Craig Garrison From:JO BELL <nnjobell@sbcglobal.net> Sent:Saturday, October 10, 2020 2:03 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning Request Washington-Coles Area Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username,  payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ]  ________________________________    Warning: Replies to this message will go to nnjobell@sbcglobal.net. If you are unsure this is correct please contact the  Helpdesk at 826‐3766.    Corpus Christi, Texas Zoning Committee:    My name is Lula Jo Bell, a member of the 136th. year old St. Paul United Methodist Church. I am a home owner, tax  payer and voter. I am writing in to state as a church member, I am against rezoning of the former North Side Manor  Apartments Property to light industry in order to put a pipe yard at this location. It will deface the community and hurt  the look of our church property that has an adjacent children's playground. I am totally oppose the rezoning and pray  request is denied.    Thank You for your consideration.  Lula Jo Bell  St. Paul United Methodist Church  1202 Sam Rankin Street  From:Lavernon Edwards To:Andrew Dimas [DevSvcs] Subject:[EXTERNAL]Zoning change Date:Tuesday, October 13, 2020 6:06:48 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ My name is Lavernon Edwards I am writing about the zone change for Northside Manor property I think it should stay as is Lavernon Edwards ST Paul United Methodist Church 1202 Sam Rankin Corpus Christi Sent from my iPhone From:Monna Lytle To:Andrew Dimas [DevSvcs] Subject:Laydown Yard on San Rankin Date:Monday, October 12, 2020 1:01:30 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] I'm a Citizen of United States and Corpus Christi, Tx... Do not want a Pipe Lay Down Yard in Our Church Neighbor. (St Paul Methodist Church).... Thank you! Monna Lytle From:Catherine Garza To:SYLVIA OLIVER Cc:Andrew Dimas [DevSvcs]; Craig Garrison Subject:RE: REQUEST FOR DENIAL TO RE-ZOINING Date:Wednesday, October 14, 2020 1:53:38 PM Attachments:MeetingAgenda14-Oct-2020.pdf Good Afternoon Ms. Oliver, Thank you for your inquiry. I will make sure that we add your opposition for this case so that it gets read into the record during this afternoon’s meeting. The link to join the actual WebEx meeting for Staff/Commissioners is not made public because it is also broadcasted live for public viewing. The live stream of the Planning Commission meeting can be viewed online at the following address: www.cctexas.com/cctv. I have attached the agenda for more info on the official procedures for public comment (item II) and viewing (located at the bottom of the last page) I have also included some other helpful links: Public comment: https://www.cctexas.com/detail/covid-19-public-comment-input-procedures Regards, Catherine Garza Management Asst. Development Services Dept. City of Corpus Christi From: SYLVIA OLIVER <tryonoliv@gmail.com> Sent: Wednesday, October 14, 2020 1:40 PM To: Catherine Garza <catherineg@cctexas.com> Subject: Fwd: REQUEST FOR DENIAL TO RE-ZOINING [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] This is being forwarded to you since your name is on the agenda to contact. We were given andrewd2 to send email. So hopefully you have access to those he received as well fir today’s meeting. ---------- Forwarded message --------- From: SYLVIA OLIVER <tryonoliv@gmail.com> Date: Mon, Oct 12, 2020 at 5:49 PM Subject: REQUEST FOR DENIAL TO RE-ZOINING To: <ANDREWD2@cctexas.com> CC: St. Paul Untied Methodist Church <stpaulumc1202@att.net> ZONING COMMISSION My name is Sylvia Tryon Oliver. I am a member of St. Paul United Methodist Church. The Church is located at 1202 Sam Rankin. This letter is regarding the property located across the street from the former North Side Manor Apartments. The property in question is next to the children's playground owned by St Paul UMC.. We purchased the property as an investment in the community. A few families that currently live in the area, use the playground on a regular basis. One year ago a company made the request to change the zoning so that they can use it as a pipeline yard. It was voted down at that time when many concerned citizens expressed our dismay and disdain about such a request. We were grateful that the City Council voted with us. The community stood together in working to stop the zoning change at that time. Now, they are back again with the same plan. As a member of St Paul UMChurch, a Corpus Christi voting citizen, organization leader, and concerned person, I feel that this area is NOT the place for any light industrial businesses. Our Northside community should remain zoned for apartment and residential dwellings. As the bridge is completed the property where old Washington school will become a park. The building is just days from being demolished. This is a historic area of Corpus Christi and our Church family decided years ago to remain in this area. We have many families that grew up in this area and some of the families still own property in the area. We are struggling with all the construction of the bridge and all of the travel limitations going on at present. However. this will all change when the new bridge is complete. This area is near downtown Corpus Christi, near the "SEA" District, prime property for downtown living. To change the zoning and allow a light industrial business would spoil our community. We STILL stand firm on our belief in this community, looking forward to the growth of the area with new families and great possibilities. Your deepest consideration is greatly appreciated. PLEASE, deny this request for a zoning change--AGAIN! Thank you! Sylvia Tryon Oliver 1 Craig Garrison From:Andrew Dimas [DevSvcs] Sent:Monday, October 12, 2020 1:17 PM To:Craig Garrison Subject:FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020     Regards,    Andrew K. Dimas, Senior City Planner  Zoning │ Land Development │ Development Services Department (DSD)  2406 Leopard Street, Corpus Christi, TX 78408  Main Line: (361) 826‐3240  Direct: (361) 826‐3584  Email: AndrewD2@cctexas.com  Website: https://www.cctexas.com/departments/development‐services    Please take a moment to tell us how we are doing by taking our survey: https://www.cctexas.com/DSFeedback    From: Catherine Garza <catherineg@cctexas.com>   Sent: Monday, October 12, 2020 1:03 PM  To: Andrew Dimas [DevSvcs] <AndrewD2@cctexas.com>  Cc: Bobbie‐Rae Maldonado <BobbieRaeM@cctexas.com>  Subject: FW: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020    Hi Andrew,    I am forwarding to you because it looks like he got your email address wrong. An opposition for the Tex‐Ise 1020‐01  zoning case. I am assuming it is intended for public comment.     From: Barry Wolfson <barrywolfson2003@yahoo.com>   Sent: Monday, October 12, 2020 12:20 PM  To: AndrewT2@cctexas.com; Catherine Garza <catherineg@cctexas.com>  Subject: [EXTERNAL]Zoning Hearing + Meeting on 10.11.2020    [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a  password, username, payment or to take action from an email. When in doubt, please forward to  SecurityAlert@cctexas.com. ] ]  Dear Ladies and Gentlemen, 2 My name is Barry Wolfson. I spend several days a month in Corpus Christi managing our companies' assets in Corpus Christi, my hometown. I spoke to the City Council at a zoning change request last year. Seven ( 7 ) of the eight ( 8 ) planning and zoning commissioners had already recommended against the zoning change. I didn't want to risk any temporary or want to risk any permanent zoning change, until the master plan and, or the land acquisition begins in the immediate future. The facts are enclosed herein. I've worked on a master plan for Washington Coles' for over a decade. I've been the real estate representative on the original new Harbor Bridge task force I prefer to under-promise and over-deliver on special projects. I believe that I can deliver the equity and the debt to finance the resurrection of the Washington Coles' community beginning with a multi-family project at Lake Street and Sam Rankin Street, ASAP as part of a master planned community encompassed in the Washington - Coles' area. I've taken an different tactic herein due to the potential disastrous consequences of allowing any type of zoning change, especially for a land grant or a land lease of regarding Commercial Rezoning Case 1120-01. The second and third largest private stakeholders consider approval of the zoning request is the the death-knell, which is ruinous to the second and third largest private investors and stakeholders of the controlling interest of five hundred ( 500 ) stakeholders. I've been a commercial real estate broker, a regional asset manager for the F.D.I.C. in Dallas -Fort Worth Metroplex. I advanced to become the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I manage the thirty-one investments for our companies in Corpus Christi. It took the City of Corpus Christi, H.U.D., etc. to dismantle Northside Manor for ten plus ( 10 + ) plus years which had kept developers from any type of risky land acquisition. I became the the Vice-President of Commercial Acquisitions for an A.I.G.Global Finance Joint Venture that purchased eight ( 8 ) large portfolios of hundreds of commercial mortgage-backed securities. I teamed with several large investment banks located in the New York City and in the Charlotte C.B.D. to secure financing for several large prototypical projects listed below. I've become involved to self-promote my ability to raise capital in order to defeat the proposed zoning change until the new Harbor Bridge opens in late 2021 0r 2022. The importance of Washington Cole's' zoning request issues which profoundly effect our companies vision which includes the reconstruction of retail, multi-family and single family residential structures, which replicate the former district's vitality. The suspension bridge will instantly become a great U.S.A. Landmark. Our company plans to replicate the former thriving commercial district and expand the Bayview Cemetery and the Buffalo Soldiers that rest in peace in the park. 3 An administrative assistant said that that you might be be able to work me in to present our plans to Mayor McCombs, Coucilman Roy and specifically the members of the planning and zoning commission. I have raised the capital ( the debt and the equity, ) to redevelop projects such as the Brandywine Town Center, a super-regional retail center in suburban Philadelphia. I contributed to raise the debt and and equity as a co-developer for projects such as Brandywine Town Center, a super regional mall in suburban Philadelphia. My team sold one hundred and thirty five ( 135 ) acres to the Toll Brothers which built and sold out the affluent, adjacent sub-division. I also acquired the debt and the equity for the Austin Central Business District Hilton Convention Center Hotel. The City of Austin provided twenty-five million dollars( 25 ) secured the partial funds for the hotel. I acquired the capital for what is the ninety- seven ( 97 ) luxury condominiums, which was the prototype for the scores of thirty ( 30 ) to sixty ( 60 ) story projects which earned their financing due to the successful marketing efforts of its convention center condominiums within the hotel to University of Texas Alums and Cosmopolitan Austinites. The project spawned scores of the forty ( 40 ) to sixty ( 60 ) story condominium projects. The last sixty ( 60 ) story project sold out before construction began. I will share my dream with you. The street grids, the demographics and the future traffic counts are paramount indicators of how and why my company selected to sale its housing units and kept tracts of the land for future development. The Washington Coles' District, will become a key part of the Sea District, after the opening of the 208 foot decked, colorfully lit suspension bridge. The prototype for the bridge is the newer Atlantic Bridge that spans the Panama Canal. The bridge and the rapidly expanding which will become a hub for super-tankers and cruise ships. . My companies original principals immigrated to Texas from Kiev and became proud Corpus Christians with extremely limited funds. My Great-Grandparents worked seven days a week, collecting rental units in Hillccrest, in Washington Coles' and in Saxet Heights by collecting rents by horse and buggy. The Grossman House in Heritage Park is an example of the families' home in the 1920's, etc. I've been the real estate representative of the original task force which includes TxDOT, the Port of Corpus Christi, the F.T.C. and the City of Corpus Christi's elected officials, since its inception almost a decade ago. Sincerely, Barry 5114 Balcones Woods Suite 307 Austin, TX 78759 Office: 512.257.7905 Cell: 512.689.8153 4 The CONFIDENTIALITY NOTICE: This email message and its attachments are covered by the Electronic Communications Privacy information contained in this transmission is confidential and intended only for the personal use of the intended recipient(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution, copying or the taking of any action in reliance on the contents of this communication or other use is strictly prohibited. If you have received this email in error, please immediately notify the sender (only) by reply email or by telephone, (512)257-7905, and promptly delete/destroy the original and any copies of this message. Unauthorized interception of this email is a violation of federal criminal law. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this email and any attached document is not intended or written to be and cannot be used or referred to for the purpose of (i) avoiding penalties that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending any partnership or other entity, transaction, investment plan, or other arrangement Tex -Isle, LLC. Rezoning for a Property at 1401 North Alameda Street From “RM-1” To “IL” Zoning Case #1020-01 City Council February 9, 2020 N 2 Aerial Overview N 3 Neighborhood Amenities Park Church School 4 Adjacent Development and Zoning Washington-Coles Neighborhood 5 WC N Washington-Coles Neighborhood 6 •Not located in voluntary acquisition and relocation program boundary. •Close proximity to jobs in Uptown & SEA Districts. •Movement of New Harbor Bridge to the west creates opportunity to reconnect with Downtown activity. Washington-Coles Neighborhood 7 •Within Opportunity Zone •Oveal-Williams Senior Center •Solomon-Coles High School •Churches •Programmed parks and trails investments with $6 Million in funding allocated •Historic Bayview Cemetery Hillcrest Washington-Coles Pedestrian Path Future Staples St. 8 Public Notification 52 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 13 (13.52%) In Favor: 6 XXX XXX X X X X X XO O OO O O Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 3 (One Owner)X N 9 Planning Commission and Staff Recommendation Denial of the change of zoning to the “IL” Light Industrial District 10 Special Permit Conditions 1.Uses:The only principal use authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Truck or transfer terminal”as described in Section 5.1.5.B.“Warehouse and Freight Movement”of the Unified Development Code (UDC).The only accessory uses allowed are an associated office and an outdoor storage yard.Storage of hazardous materials is prohibited. 2.Hours of Operation:The hours of operation will occur daily within the hours of 6:00 AM to 8:00 PM except off-hour deliveries of cargo. 3.Buffer Yard :A Type D Buffer Yard as defined by Section 7.9.5.A of the Unified Development Code (UDC)shall be required where the subject property shares a property line with a residential zoning district and/or residential uses not owned by the applicant. 4.Dumpsters: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 11 Special Permit Conditions 5.Nuisance:The use is prohibited from creating any hazard or nuisance such as, noise, smoke, vibration, dust, and/or odors. 6.Dust:Any dust generated by the operation of the outdoor storage use must be mitigated. Examples of mitigation are by application of a hardscape, by watering, or by use of a soil stabilizer/epoxy. 7.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8.Access:No commercial truck traffic south of Chipito Street. Driveway access to or from Chipito Street is prohibited. Access to Sam Rankin Street and North Alameda Street shall be exit only and shall be channelized by means of physical delineators to prevent truck traffic from turning south. 9.Lighting:All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting fixtures. No light projection is permitted beyond the property line near all public roadways and residential development. 10.Landscaping:Landscaping shall be installed in accordance with the requirements of Section 7.3.11.A of the Unified Development Code (UDC). 12 Special Permit Conditions 11.Screening:The subject property must completely screened by a screening fence as defined in Section 1.11 of the UDC from view of the public right-of-way and adjacent non-industrial uses. 12.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 13.Time Limit: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 five (5) years unless a time extension is approved by the City Council. 13 Rendering 14 Buffer Yards: “IL” to “RM-1” Type C: 15-feet and 15 points Setbacks: Street: 20 feet 40 feet when adjacent to Residential Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards. Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage UDC Requirements 15 Utilities Water:12-inch ACP line located along Sam Rankin Street, a 6-inch ACP line along Chipito Street, a 6-inch ACP line along North Alameda Street, and an 8-inch CIP line along West Broadway Street. Wastewater:6-inch VCP line located along Sam Rankin Street, a 6-inch VCP line along Chipito Street, a 6- inch VCP line along North Alameda Street, and a 21-inch VCP line along West Broadway Street. Gas:2-inch line located along Sam Rankin Street, a 2-inch line along Chipito Street, a 1-inch line along North Alameda Street, and a 2-inch line along West Broadway Street. Storm Water:24-inch line located along Sam Rankin Street. 16 Vacant Lots 17 Transportation Access DATE: January 8, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. SUMMARY: The purpose of the zoning request is to allow for the construction of a luxury RV Resort. (3/4 vote required). On February 9th, the City Council conducted a public hearing and voted to table the rezoning case and directed staff to draft language for a potential Special Permit. BACKGROUND AND FINDINGS: The subject property is 20.993 acres in size. The subject property is currently zoned “RM-AT” Multifamily AT District and is currently vacant. The property was annexed in 2001. Conformity to City Policy The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a planned development use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The property is currently vacant and the subject property has not been developed since annexation. Public Input Process Number of Notices Mailed 67 within 200-foot notification area 1 outside notification area As of November 28, 2020: In Favor 4 inside notification area 0 outside notification area In Opposition 24 inside notification area 0 outside notification area Rezoning a property at or near 7349 and 7325 State Highway 361 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/09/21 Second Reading Ordinance for the City Council Meeting 02/16/21 Totaling 46.15% of the land owners within the 200-foot notification area are in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District on December 9, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park 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 Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park 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 to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, as shown in Exhibit “A”: from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. The subject property is located at or near 7349 and 7325 State Highway 361. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 8 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 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 8 Exhibit A Page 5 of 8 Page 6 of 8 Page 7 of 8 Page 8 of 8 Zoning Case No. 1220-04 Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust: (District 4) Ordinance rezoning property at or near 7349 and 7325 State Highway 361 from the “RM-AT” Multifamily AT District to the “RM-AT/SP” Multifamily AT District with a Special Permit (SP) with conditions. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, as shown in Exhibit “A”: from the “RM-AT” Multifamily AT District to the “RM-AT/SP” Multifamily AT District with a Special Permit (SP) with conditions. The subject property is located at or near 7325 State Highway 361. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: Page 2 of 9 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Recreational Vehicle Park” as defined by the Unified Development Code (UDC). The Recreational Vehicle Park shall adhere to the standards of Section 6.1.2 of the UDC except as explicitly listed below. 2. Density: The maximum site density shall be 8 recreational vehicle sites (“Recreational Vehicle Sites”) per acre (160 total). 3. Buffer Yard: A buffer yard of 30-feet with a 7-foot solid wooden screening fence should be maintained along the southern property line shared with the single-family residences. 4. Recreational Vehicle (RV) Site Limitations: Only one recreational vehicle should be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 5. Lighting: All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 6. Stacking: A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on State Highway 361. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The 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. Page 3 of 9 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 4 of 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 5 of 9 Exhibit A Page 6 of 9 Page 7 of 9 Page 8 of 9 Page 9 of 9 PLANNING COMMISSION FINAL REPORT Case No. 1220-04 INFOR No. 20ZN1030 Planning Commission Hearing Date: December 9, 2020 Applicant & Legal Description Owner: Gulf Realty Trust/ Poseidon Realty/ North End Realty Trust Applicant: Urban Engineering Location Address: 7349 and 7325 State Highway 361 Legal Description: being a 20.993 acre tract out land, comprised of 13.155 Acres out of J.W. Waterbury Survey 596, Abstract No. 408, Land Script 167 and a 7.838 tract, Zoning Tract, comprising portions of Lots 4, 5, 6, and 7, Block 1 Sunrise Shores, a map of which is recorded in Volume 46 Pages 81 and 82, Map Records of Nueces County, Texas, located along the east side of State Highway 361, south of West Palm Beach Road, and west of the Gulf of Mexico. Zoning Request From: “RM-AT” Multifamily AT District To: “RV” Recreational Vehicle Park District Area: 20.993 Acres Purpose of Request: to allow for the development of a luxury RV resort community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT” Residential Multifamily Tourist-Attraction District Vacant Planned Development North “RM-AT PUD” Residential Multifamily Tourist-Attraction District Planned Unit Development Vacant, and Low Density Residential Planned Development South “RM-AT PUD” Residential Multifamily Tourist-Attraction District Planned Unit Development Low Density Residential, High Density Residential, and Vacant Planned Development East “RM-AT” Residential Multifamily Tourist-Attraction District Water Permanent Open Space West “FR” Farm Rural Vacant Planned Development ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan and is planned for Planned Development. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 022037 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 865 feet of street frontage along State Highway 361 which is designated as a “RA3” Primary Rural Arterial Divided. Through the middle of the proposed development is a unbuilt “PA” Beach Access Road. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume State Highway 361 “RA3” Primary Rural Arterial Divided 250’ ROW 76’ paved 120’ ROW 45’ paved 25,305 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District to allow for a luxury RV Resort use. Development Plan: The subject property is a total of 20.993 acres in size. The proposed use is a gated community, which will include approximately 200 oversized RV lots and accessory uses, such as a community center, a golf cart-friendly boardwalk to the beach, a large swimming pool and splash pad, a putting green, pickle ball courts and $1-2 million in tropical landscaping. Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT” Multifamily AT District and consists of vacant property and has remained undeveloped since annexation in 2001. To the north is a small subdivision with predominately vacant property zoned “RM-AT” Multifamily AT District. There are two existing single-family homes to the north. To the south are townhomes and vacation rentals that are zoned “RM-AT/PUD” Multifamily AT District with a Planned Unit Development with approximately 25 structures. To the west across State Highway 361 is a vacant property zoned “FR” Farm Rural. To the east are vacant properties zoned “RM-AT” Multifamily AT District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along State Highway 361 Wastewater: none Gas: none Storm Water: none Staff Report Page 3 Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a Planned Development use. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and is consistent with the Future Land Use map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). • Support public investments—physical, environmental, functional, and social—to be built in areas to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. (Housing and Neighborhoods Policy Statement 8) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and is compatible with the Future Land Use map. Planning Commission and Staff Recommendation (December 9, 2020): Approval of the change of zoning from “RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park District. Public Notification Number of Notices Mailed – 67 within 200-foot notification area 1 outside notification area As of November 28, 2020: In Favor – 4 inside notification area – 0 outside notification area In Opposition – 24 inside notification area – 0 outside notification area Totaling 46.15% of the land owners within the 200-foot notification area* are in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 WOOD, BOYKIN & WOLTER A PROFESSIONAL CORPORATION RALPH R. WOOD (1901-1965) LAWYERS TELEPHONE: 361/888-9201 MARSHALL BOYKIN III (1925-2014) FACSIMILE: 361/888-8353 ROBERT C. WOLTER (Retired) 615 NORTH UPPER BROADWAY, SUITE 1100 ----------------- STEWART N. RICE CORPUS CHRISTI, TEXAS 78401-0748 *BOARD CERTIFIED-COMMERCIAL REAL ESTATE LAW JOHN D. BELL* AND PROPERTY OWNERS ASSOCIATION LAW FREDERICK J. McCUTCHON§ §BOARD CERTIFIED-LABOR & EMPLOYMENT LAW PETER E. AVOTS TEXAS BOARD OF LEGAL SPECIALIZATION LUCINDA J. GARCIA SCOTT E. LANDRETH DANIEL O. GONZALEZ JOSEPH B. BAUCUM MARIAH N. MAUCK RHONNIE N. SMITH Writer’s email: jdbell@wbwpc.com December 8, 2020 Planning Commission Attn: Chairman Jeremy Baugh Via email: catherineg@cctexas.com Re: Planning Commission Hearing December 9, 2020 Case 20-1436; Rezoning Near 7349 State Highway 361 Dear Members of the Planning Commission: I represent the Admirals’ Row Condominiums Council of Co-Owners which represents the owners of the property immediately south of the proposed development. The President of the Council of Co-Owners already has sent notice of opposition to the proposed rezoning utilizing one of the forms distributed. Although the southern neighbors to this tract technically are zoned RM-AT, the properties actually are developed as single-family residences. This usage applies both to the Admirals’ Row development as well as the Bella Vista development on State Highway 361. The proposed RV district zoning would allow 500 RV spaces to be developed on the property (25 spaces per acre on 20 acres). Such a development would create tremendously high density in this area that essentially is bordered by single family subdivisions. Additionally, State Highway 361 at this location has limited width and lanes. The existing roadway is inadequate to handle this type of density, particularly with motor homes and large recreational vehicles. Vehicle stacking on the highway would create severe traffic issues. Although the Admirals’ Row owners are opposed to the rezoning in principle, if the City elects to proceed with rezoning for the proposed project, it should be as a Special Permit with several critical conditions. The developer has stated that they desire to create a “luxury RV resort” with about 150 spaces, and special permit conditions should be imposed to make sure that any development is consistent with other uses in the area and the transportation limitations. Proposed conditions should include: 1.Density. The maximum site density shall be 8 recreational vehicle sites (“RV Sites”) per acre (160 total). Letter to Planning Commission December 8, 2020 Page 2 F:\3505\3\20 Ltr-Planning Comm-1208-11-15.docx 2. Buffer Yard. A side buffer yard of 30 feet should be maintained on the southern boundary. 3. RV Site Limitations. Only one recreational vehicle should be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 4. Lighting. All lighting shall be shielded to avoid intrusion into the neighboring properties, and any pole lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking. A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on S.H. 361. Representatives of Admirals’ Row hope to participate in the Webex meeting, but if technical difficulties prevent that, please consider these requests as part of your deliberations. If you have any questions, please do not hesitate to contact me. Very truly yours, John D. Bell JDB/vcs xc: Admirals’ Row From:Michael Congdon To:Craig Garrison Subject:FW: Rezoning Case No. 1220-04 Date:Wednesday, December 9, 2020 3:29:30 PM [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ]     From: Ron Hollenbeck <1orb.net@gmail.com>  Sent: Wednesday, December 9, 2020 1:15 PM To: craigg@cctexas.com Subject: Rezoning Case No. 1220-04   Dear Mr. Garrison,   My name is Ron Hollenbeck (Property Owner ID 51) and own a home adjacent to the proposed development that is the subject of this rezoning request.   My wife, Kelley Lamson, and I are both in favor of the proposed development.  We feel the development will add exceptional value to the local economy by bringing in high net-worth guests who will undoubtedly want to stay for long periods of time.  We feel that the central part of the island has been underdeveloped and this will likely attract other quality developers and amenities to the area.   Our contact and property information is as follows:   Ron Hollenbeck Kelley Lamson 162 La Concha Blvd #16 Property Owner ID 51 512-348-2109 (Ron) 512-773-1484 (Kelley)   Thank you, Ron   From:Norma Duran To:Catherine Garza Subject:FW: Public Input: 12-09-2020 - Richard Yates Date:Tuesday, December 8, 2020 11:17:45 AM Catherine,   Below is a public comment for the planning commission for tomorrow.   From: CitySecretary <CitySecretary@cctexas.com>  Sent: Tuesday, December 8, 2020 11:05 AM To: Rebecca Huerta <RebeccaH@cctexas.com> Cc: Norma Duran <NormaD2@cctexas.com>; Sarah Brunkenhoefer <sarahb@cctexas.com> Subject: FW: Public Input: 12-09-2020 - Richard Yates   FYI.   Thank you, Aly Berlanga   From: JotForm <noreply@jotform.com>  Sent: Tuesday, December 8, 2020 11:04 AM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 12-09-2020 - Richard Yates   [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ]   Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766.    Public Comment & Input Form Date of Meeting 12-09-2020 Name Richard Yates Address Street Address: 162 La Concha Blvd. Street Address Line 2: # 18 City: Port Aransas State / Province: TX Postal / Zip Code: 78373   Topic Rezoning of 7349 & 7325 Hwy 361 to "RV" RV Resort District Agenda Number Rezoning Case No. 1220-04 Describe Feedback:This property is directly behind our house, which means it controls the view we have from our two back decks. We have reviewed the planned project and are satisfied that it will be a good addition to the area. Provide an email to receive a copy of your submission.ryates72@sbcglobal.net             Gulf Realty Trust/ Poseidon Realty Trust/ North End Realty Trust Rezoning for a Property at 7349 and 7325 State Highway 361 From “RM-AT” To “RV” Zoning Case #1220-04 N City Council February 23, 2021 2 Aerial Overview N 3 Adjacent Development and Zoning Pattern N 4 Public Notification 67 Notices mailed inside 200’ buffer 0 Notices mailed outside 200’ buffer Notification Area Opposed: 24 (46.15%) In Favor: 4 X X X X XX X XXX X XXXX XX X X XX X X Separate Opposed Owners: 6 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition OOOO N 5 Proposed Site Plan 6 Conceptual Rendering of RV Space 7 Planning Commission and Staff Recommendation Approval of the “RV”Recreational Vehicle Park District 8 Planning Commission and Staff Recommendation 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a “Recreational Vehicle Park”as defined by the Unified Development Code (UDC).The Recreational Vehicle Park shall adhere to the standards of Section 6.1.2 of the UDC except as explicitly listed below. 2.Density:The maximum site density shall be 8 recreational vehicle sites (“Recreational Vehicle Sites”)per acre (160 total). 3.Buffer Yard :A buffer yard of 30-feet with a 7-foot solid wooden screening fence should be maintained along the southern property line shared with the single-family residences. 4.Recreational Vehicle (RV)Site Limitations:Only one recreational vehicle should be permitted per RV Site.All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width.All RV Sites must be at least 30 feet wide. 9 Planning Commission and Staff Recommendation 5.Lighting:All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 6.Stacking:A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV’s to avoid congestion on State Highway 361. 7.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 10 Rental Sites: Day or week only and no longer than 180 days in duration within the park. Accessory Uses: No more than 1/3 of park Barber shops, Beauty parlors, Car wash, Convenience grocery stores of less than 4,000 square feet, Day care centers, Dry cleaning receiving stations, Fuel sales, Restaurants excluding bars, taverns or pubs, and Self-service laundries UDC Requirements DATE: February 16, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richardm5@cctexas.com (361) 826-3419 CAPTION: Ordinance abandoning, vacating, and closing a 1.200-acre (52,272 square-feet) tract of an improved portion of dedicated public right-of-way identified as Butler Road, as shown on the recorded plat of Lots 2A and 2B, Block 2, Moores Independence Acres and recorded plat of Annaville Baptist Church, Block 1, Lots 1 and 2, and requiring the petitioner, Annaville Baptist Church, to comply with specified conditions. SUMMARY: The purpose of this ordinance is to abandon, vacate and close a 1.200-acre (52,272 square-feet) tract of an improved portion of dedicated public right -of-way identified as Butler Road, as shown on the recorded plat of Lots 2A and 2B, Block 2, Moores Independence Acres, a map recorded in Volume 27, Page 66 of the Nueces County Map Records and recorded plat of Annaville Baptist Church, Block 1, Lots 1 and 2, a map recorded in Volume 69, Page 314 of the Nueces County Map Records. BACKGROUND AND FINDINGS: Section 49-12 of the City Municipal Code provides the procedures for City Council to establish or close public streets, alleys, or other public ways. A request shall be filed with the City containing the description of the street, or portion thereof, to be opened, closed, or altered. Annaville Baptist Church filed a request to abandon, vacate and close a 1.200-acre (52,272 square-feet) portion of Butler Road, lying between Violet Road and Cliff Crenshaw Street. The Annaville Baptist Church owns the properties on each side of Butler Road and the closure would allow for future development. If closed, the area would be owned and maintained by Annaville Baptist Church. If the City agrees to release this portion of public property, Annaville Baptist Church is responsible for paying the City the Fair Market Value (FMV) of $45,000 for the acquired property. A review of the request was conducted by City Departments and external Public Utility Street Closure of Butler Road between Violet Road and Cliff Crenshaw Street AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 16, 2021 Second Reading Ordinance for the City Council Meeting February 23, 2021 Companies. The request to close, abandon, and vacate public right-of-way is recommended for City Council approval by Public Works based on Annaville Baptist Church satisfying all conditions and requirements presented during the review process. This includes maintaining an easement for City utilities and for use as an emergency access. ALTERNATIVES: The alternative is to deny the closure, abandonment, and vacation of requested portion of Butler Road. FISCAL IMPACT: If the City agrees to release this portion of public property, Annaville Baptist Church is responsible for paying the City the Fair Market Value (FMV) of $45,000 for the acquired property. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: City staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit PowerPoint Presentation Ordinance abandoning, vacating and closing a 1.200 acre (52,272 square feet) tract of an improved portion of public right-of-way identified as Butler Road, between Violet Road and Cliff Crenshaw Street; and requiring the petitioner, Annaville Baptist Church, to comply with specified conditions WHEREAS, Annaville Baptist Church (Owner of adjacent property) is requesting the closure, abandonment and vacation of a portion of Public Improved Street, Butler Road, located between Violet Road and Cliff Crenshaw Street; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, February 16, 2021 , during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate a 1.200 acre (52,272 square feet) portion of public street, Butler Road, located between Violet Road and Cliff Crenshaw Street; subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Annaville Baptist Church (Owner of adjacent property), the 1.200 acre (52,272 square feet) portion of public street, Butler Road, located between Violet Road and Cliff Crenshaw Street, as shown on the recorded plat of Lots 2A and 2B, Block 2, Moores Independence Acres, a map recorded in Volume 27, Page 66 of the Nueces County Map Records and recorded plat of Annaville Baptist Church, Block 1 Lots 1 and 2, a map recorded in Volume 69, Pag e 314 of the Nueces County Map Records, more particularly described by Exhibit “A,” which is a metes and bounds description and field notes, and Exhibit “B”, which is the graphical representation of the legal description, is closed, abandoned, and vacated by the City of Corpus Christi (“City”), subject to the Owners’ compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A” and Exhibit “B” are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of a section of the improved street described in Section 1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following requirements: a. Payment to the City of $45,000 for the fair market value of the improved street pursuant to Corpus Christi Code 49-12. b. A 60’ Utility Easement is retained in favor of the City. c. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners’ expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provide d to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City Council Presentation February 16, 2021 Street Closure of Butler Road between Violet Road and Cliff Crenshaw Street 1 Vicinity Map Butler Road – Violet Road to Cliff Crenshaw Street 2 Aerial Overview 3 Butler Road – Violet Road to Cliff Crenshaw Street Recommendation Approval of the request to close Butler Street, between Violet Road and Cliff Crenshaw Street, in accordance with Section 49-12 of the City Code of Ordinances and to comply with specified conditions. 4 DATE: February 3, 2021 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Eyvon McHaney, Director of Human Resources eyvonmc@cctexas.com (361) 826-3979 CAPTION: Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155.00 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions Grant (ESG-CV) funding in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. SUMMARY: This item is amending the FY 2020 Annual Action Plan as required by HUD. This amendment is allowing the accepting and appropriating of the final allocation related to CARES Act funding from HUD. This amendment also will identify projects that will allow the City to continue preventing, preparing for, and responding to COVID-19. BACKGROUND AND FINDINGS: In accordance with HUD and the City of Corpus Christi’s five-year Consolidated Annual Action Plan (CAAP), “Substantial Amendments” are required to amend the CAAP which in turn triggers a comment period (24 CFR 91.105). A “Substantial Change” is defined as: Any addition of the established priorities of activities as described in the Consolidated Action Plan and/or Annual Action Plan. This is an amendment to the FY 2020 Consolidated Annual Action Plan which was adopted by City Council by ordinance on July 23, 2019. The amendment will include the City of Corpus Christi’s Housing and Community Development Department to receive and administer $2,275,155.00 in Community Development Block Grant (CDBG) and $1,864,176.00 in Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and Urban Development (HUD) made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). HUD has allowed for a five-day public comment period. The federally required comment period will begin on Monday, February 15, 2021 and end on Friday, February 19, 2021. Substantial Amendment to the FY 2020 Consolidated Annual Action Plan AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of February 16, 2021 Second Reading Ordinance for City Council Meeting of February 23, 2021 On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The U.S. Department of Housing and Urban Development (HUD) has allocated funding to the City of Corpus Christi’s Community Development Block Grant and the Emergency Solutions Grant Program. Projects resulting from this funding will increase shelter capacity, outreach to homeless services, access to food and access to jobs. It has been determined that this funding will help to fill the needs and gaps in the community during, and as a result of, the COVID-19 pandemic. Administrative costs also have been identified from each grant for City staff support, the commissioning of a research study on the effects of COVID-19 in the homeless community, and staff-support for the non-profits assisting with program administration. ALTERNATIVES: The alternative is to not accept these funds, which will result in a lack of gap services, programs, and needs for the community in relation to COVID-19. FISCAL IMPACT: The City will receive and allocate an additional $4,139,331.00 in federal grant funds which allow for additional responses to COVID-19. FUNDING DETAIL: Fund: 1059 Organization/Activity: N/A Mission Element: 132 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends the approval of the project recommendations for CDBG and ESG. LIST OF SUPPORTING DOCUMENTS: Ordinance CDBG Projects Attachment ESG Projects Attachment 1 Ordinance amending the City’s Consolidated Annual Action Plan (CAAP) of entitlement funding from HUD for FY 2019-2020; accepting and appropriating $2,275,155 from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG-CV) and $1,864,176 for the Emergency Solutions Grant (ESG-CV) in FY 2019-2020; authorizing the execution of all documents necessary to accept, appropriate and disburse the funds; to execute all agreements, amendments and all other documents necessary to implement the additional CDBG-CV and ESG-CV funding from HUD with organizations for approved projects. WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Community Development Block Grant funds (“CDBG”) funds to the City to respond to the Coronavirus epidemic; and WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public Law 116-136) signed into law by President Trump on March 27, 2020 (“CARES” Act) the United States Department of Housing and Urban Development (“HUD”) has allocated additional Emergency Solutions Grant Funds (“ESG”) to the City to respond to the Coronavirus pandemic, specifically to support additional homeless assistance programs in the City; and WHEREAS, HUD has allocated additional ESG Funds to the City of Corpus Christi to address homeless assistance and prevention programs arising from the Coronavirus pandemic; and WHEREAS, HUD has amended many of the public notice, public hearing and public comment periods required with typical HUD-CDBG and HUD-ESG funding programs and the City’s Housing and Community Development Department will be following HUD’s guidance and updates as these changes are disseminated during the Coronavirus Pandemic and months following the reopening of the economy; and WHEREAS, the City Council has determined that this Ordinance accepting and appropriating additional funding from HUD for ESG and CDBG during the current 2019- 2020 Fiscal Year would best serve the public health, safety, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $2,275,155.00 in additional HUD CDBG-CV funding for FY 2019-2020 is hereby accepted to support CDBG purposes and programs in the City and the funds are hereby appropriated in Fund No. 1059. 2 Section 2. That $1,864,176.00 in additional HUD ESG-CV funding for FY 2019-2020 is hereby accepted to support homeless assistance and prevention programs in the City and the funds are hereby appropriated in Fund No. 1059. Section 3. That the City Manager or the City Manager’s designee is authorized:  to execute all documents necessary to accept and appropriate the additional CDBG-CV and ESG-CV funding from HUD upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY 2019-2020 CAAP, and  to execute funding agreements, amendments and all other documents necessary to implement the additional Coronavirus Funding for CDBG- CV and ESG-CV for FY 2019-2020 CAAP with organizations for approved projects. Section 4. That this ordinance is passed and takes effect upon its second reading. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor $2,275,155 #PROJECT & DESCRIPTION STAFF RECOMMENDED 1 CDBG COVID-19 Program Administration (Multi-Departmental) Funding will be used for staff reimbursement for time used in administering and processing reimbursement requests for COVID-funded projects. This will also include the compliance monitoring and technical assistance aspects of administering the grant as well as offsetting the funding received with the entitlement grant. Funding will also be used to consult and receive research and plans on the data and effects COVID-19 has had in the comunity as well as funding organizations. Lastly, funding will be used to support the staffing costs of funding agencies to support operations and increased staff who work directly with the COVID-19 funding received. $200,000 2 Housing Opportunities Construction Construction expenses ineligible for ESG may include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19. $1,803,155 3 Coastal Bend Food Bank - Inventory system/equipment In order to assit more citizens during COVID-19, the Coastal Bend Food Bank is requesting funding to update their 20 year old inventory system and equipment to the current age of barcode scanning for inventory. The barcode capabilities allows for easier management of the food bank's warehouse by effectively tracking inventory and streamlining the receiving of the product. This system will allow for for accurate and reliable inventory records and help speed up assistance to those in the community who have been directly impacted by COVID-19. $72,000 4 Rising Tide Ministries Funding requested would assist in creating a program which would assist COVID-19 affected homeless individuals or those at risk of homelessness to job search, assist with resume building, job coaching, and furnish clothing for a job interview. These funds would also allow for the purchase of computer equipment for this training in order to increase the quality of life. $200,000 Overall Total $2,275,155 CITY OF CORPUS CHRISTI CARES ACT RELATED TO COVID-19 CDBG PROGRAM CDBG COVID-19 Allocation No. 2 $1,864,176 #PROJECT & DESCRIPTION STAFF RECOMMENDATION 1 ESG COVID-19 Administrative Costs (Multi-Departmental) Corpus Christi staff will be responsible for the management and administration of the Emergency Solutions Grant (ESG) COVID-19. These functions include the financial oversight, compliance, and technical assistance components of the program. Funds can be used to support the City's functions or to provide for research to evaluate homelessness needs as related to COVID planning and response and evaluate gaps in services to avoid the lack of shelter space when social distancing is required as to avoid the high risk increase of street homelessness. Funds are also eligilbe for award to service providers for the administration of ESG-CV 2 projects. $186,417 2 Housing Opportunities Construction Construction expenses to prevent, prepare for and respond to coronavirus. May include but are not limited to grading, solid surface, shade and rain protection, bathrooms including showers, security office, space for mobile health clinic and community space for service outreach. Addresses need to reduce high risk increase in street homelessness due to COVID-19. $1,677,759 Overall Total $1,864,176 COVID-19 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM ESG-CV Allocation No. 2 1 DATE: January 29, 2021 TO: Peter Zanoni, City Manager FROM: Liza Lopez, Code Compliance Program Manager, Code Enforcement Division, Police Department (Lizac@cctexas.com) (361.826.3170) CAPTION: Resolution denying Samer Hamed’s appeal, thereby upholding Building Standards Board order to demolish the dilapidated/substandard buildings and structures on the property located at 626 Glazebrook Street. SUMMARY: Mr. Samer Hamed has requested the City Council to hear and consider an appeal of a decision of the Building Standards Board regarding property located at 626 Glazebrook Street. BACKGROUND AND FINDINGS: On January 24, 2019, a Substandard case was presented to the Building Standards Board in which Mr. Hamed had a representative appear on his behalf. Code Enforcement recommendation to the Board was to demolish. The Building Standard Board rejected City Staff’s recommendation and the case was tabled to allow the owner to obtain permits and present a plan of action on the next scheduled meeting. On July 25, 2019, the case was presented to the Building Standards Board. Mr. David Walker, an Architect, appeared as a representative on behalf of the owner. Mr. Walker explained they were having issues with a previously hired engineer and had since hired a new engineer. Code Staff recommended demolition; however, the Building Standards Board tabled the case for 60 days to allow permits be obtained and a detailed timeline be presented at the next board hearing. A fence was also required to be erected to secure the property within 21 days. On September 26, 2019, the case was presented to the Building Standards Board. Mr. Walker stated he applied for a permit a week prior but did not have one yet. Mr. Walker indicated the plan was to restore the building but did not have a detailed timeline. Mr. Walker stated the owner would be starting construction within 2 weeks of getting the permit and hoped to have the Building Standards Board Hearing Appeal for 626 Glazebrook Street AGENDA MEMORANDUM Action Item for the City Council Meeting February 23, 2021 project complete within 2 to 3 months. Code Staff recommendation was demolition, however the Building Standards Board required substantial work and repairs be completed within 60 days. The Board clarified substantial work meant windows, roofing, doors and insulation were to be completed by next meeting. The fence was to remain a perimeter around the premises to prohibit entry. On November 11, 2019, Development Services issued a Stop Work Order due to work being performed without permits. On November 22, 2019, a Commercial Permit was issued by Development Services for restoration of the original four-plex that was previously damaged by fire. On November 19, 2020, the case was presented to the Building Standards Board. This meeting was conducted through WebEx. Mr. Hamed did not appear, but his brother Shauky Hamed represented in behalf of his brother. Mr. Hamed was given the opportunity to delay the start of the case until later in the meeting so that Samer Hamed could be present but Shauky declined delay of the case. Code Officer Diana T Garza informed the board that the roofing permit issued on 2018 and the permit for repairs issued on November 22, 2019 had both expired and work had not been started. The building did not have windows, leaving the structure open to the elements. The fence surrounding the property was not secure and there were no signs posted prohibiting entry. Mr. Shauky Hamed could not provide a reason that his brother did not comply with the Boards previous order to have windows, roofing, doors and insulation completed by November 21, 2019. Due to the substandard and dilapidated condition of the residential structure at 626 Glazebrook Street, a hazard to the health, safety, and welfare of the public is henceforth declared. The Building Standards Board ordered the structure at 626 Glazebrook Street to be removed or demolished by owner, lien holder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per section 13-24 of the Code, an owner or occupant may appeal a decision of the Board to the City Council. Samer Hamed submitted a notice of appeal in writing on December 10, 2020, within 30 days of the Board’s decision. The City Charter, Article VI, Section 2 states that appeals shall be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of the decision. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board’s order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the City Council to vary the application of any provision of the Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from date on which the decision of the city council was rendered. ALTERNATIVES: 1. Sustain the appeal (reversing the Board’s order in whole or in part). RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold Building Standards Board order to demolish the property located at 626 Glazebrook Street). LIST OF SUPPORTING DOCUMENTS: 1. Resolution – Affirming the Building Standards Board order to demolish the property located at 626 Glazebrook Street within 30 days. 2. Final Order of Building Standard Board Case No. V106167-082118 3. Minutes of Building Standards Board Meetings: a. January 24, 2019 b. July 25, 2019 c. September 26, 2019 d. November 19, 2020 4. Case Timeline for 626 Glazebrook St. 5. Property History for 626 Glazebrook St. 6. Location Map & 626 Glazebrook St. Aerial photo 7. Evidence Photos: a. 1/18/2018 b. 8/21/2018 c. 9/25/2018 d. 5/3/2019 (2 sets of photos) e. 9/13/2019 f. 11/11/2019 g. 12/26/2019 h. 5/20/2020 i. 10/16/2020 j. 11/9/2020 8. Notice of Appeal – Samer Hamed 9. Notice of City Council meeting – Building Standards Board Appeal